OAR Chapter 737 — Department of Transportation, Transportation Safety Office

Division 10 VEHICLE EQUIPMENT AND SAFETY STANDARDS

Or. Admin. R. 737-010-0000 Definitions Relating to Low-Speed Vehicles and Medium-Speed Electric Vehicles

As used in division 10 rules and Chapter 865, Oregon Laws 2009, the following definitions apply:

(1) “CFR” means Code of Federal Regulations and, unless otherwise expressly identified, refers to revision 63 FR 33216, June 17, 1998, as amended at 68 FR 43972, July 25, 2003.

(2) “Crushproof body design” means the vehicle has been certified by the National Highway Traffic Safety Administration that the vehicle is in compliance with FMVSS No. 216 Roof crush resistance;

(3) “TSO” means the Transportation Safety Office of the Oregon Department of Transportation;

(4) “Enclosed” means a complete shell comprised of a top, bottom and sides meant to protect the vehicle and occupants;

(5) “FMVSS” means Federal Motor Vehicle Safety Standards and Regulations as specified by NHTSA under 49 CFR, Part 571;

(6) “Low-speed vehicle” means a four wheeled motor vehicle with a top speed of more than 20 miles per hour but not more than 25 miles per hour.

(7) “Medium-speed electric vehicle” means an electric motor vehicle with four wheels that is equipped with a roll cage or a crushproof body design, can attain a maximum speed of 35 miles per hour on a paved, level surface, is fully enclosed and has at least one door for entry;

(8) “NHTSA” means the U.S. Department of Transportation, National Highway Traffic Safety Administration.

(9) “Open-body type vehicle” means a vehicle having no occupant compartment doors and/or top or a vehicle having readily detachable occupant compartment doors and/or top; and

(10) “Roll cage” is an enclosure that will support the vehicle’s weight and be so designed as to protect the occupants when the vehicle is resting on this enclosure.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 802.010, 815.010, 815.030 & 2009 OL Ch 865
Statutes/Other Implemented: ORS 815.010, 815.030 & 2009 OL Ch 865
TSD 1-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2010, f. & cert. ef. 2-25-10
TSD 1-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10

Or. Admin. R. 737-010-0005 Enclosed Cab for Three-Wheeled Vehicle Defined

"Enclosed Cab" for the purposes of ORS 814.290(1), is a three-wheeled vehicle, such as a motorcycle or moped, with a structural upper frame and roof defining the compartment for driver and passenger(s) that is certified by the vehicle manufacturer as meeting the standards for the structural upper frame and roof prescribed under 49 CFR 571.216a.

History

Statutory/Other Authority: ORS 184.619, 802.010, 814.290(1)
Statutes/Other Implemented: ORS 814.290(1), 815.010, 815.030, 2009 OL ch 865
TSD 2-2020, adopt filed 10/26/2020, effective 10/26/2020
TSD 1-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 737-010-0010 Minimum Safety Standards for Low-Speed Vehicles

(1) As the minimum vehicle safety standards for low-speed vehicles, TSO adopts the Federal Motor Vehicle Safety Standards (FMVSS) applicable to low-speed vehicles as set forth in 49 CFR, Part 571.500 (October 1, 2008).

(2) The vehicle safety equipment requirements for low-speed vehicles described under this rule apply to original and replacement equipment.

History

Statutory/Other Authority: ORS 184.619, 802.010, 815.010, 815.030 & 2009 OL Ch 865
Statutes/Other Implemented: ORS 815.010, 815.030 & 2009 OL Ch 865
TSD 2-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2010, f. & cert. ef. 2-25-10
TSD 1-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10

Or. Admin. R. 737-010-0020 Minimum Safety Standards for Medium-Speed Electric Vehicles

As the minimum vehicle safety standards for medium-speed electric vehicles, Transportation Safety adopts the standards and requirements set forth below. The vehicle safety equipment requirements described under this rule apply to original and replacement equipment. A medium-speed electric vehicle must:

(1) Comply with the following Federal Motor Vehicle Safety Standards (FMVSS) found in the Code of Federal Regulations (CFR), Title 49, Part 571, 2008 edition.

(a) FMVSS No. 108; Lamps, reflective devices, and associated equipment.

(b) FMVSS No. 111; Rearview mirrors.

(d) FMVSS No. 135; Light vehicle brake systems.

(e) FMVSS No. 206; Door locks and door retention components.

(f) FMVSS No. 209; Seat belt assemblies. A Type 1 or Type 2 seat belt assembly conforming to FMVSS No. 209, installed at each designated seating position, and whose mounting complies with FMVSS No. 210.

(g) FMVSS No. 216; Roof crush resistance.

(h) FMVSS No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection.

(i) FMVSS No. 205; A windshield of AS–1 or AS–5 composition, that conforms to the American National Standards Institute’s “Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway,” Z–26.1–1977, January 28, 1977, as supplemented by Z26.1a, July 3, 1980.

(2) Comply with the federal Vehicle Identification Number (VIN) requirements found in 49 CFR Part 565.

(3) Be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn shall emit an unreasonably loud or harsh sound.

(4) Be fully enclosed and may not be an open-body type vehicle.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 815.010, 815.030 & 2009 OL Ch 865
Statutes/Other Implemented: ORS 815.010, 815.030 & 2009 OL Ch 865
TSD 3-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2011, f. & cert. ef. 1-28-11
TSD 1-2010, f. & cert. ef. 2-25-10
TSD 1-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10

Division 15 TRAFFIC SAFETY EDUCATION

Or. Admin. R. 737-015-0010 Purpose

The purpose of the rules in division 15 is to implement ORS 802.345 by:

(1) Establishing a curriculum for a traffic safety education course under ORS 336.800;

(2) Establishing a procedure to certify that a traffic safety education course meets the curriculum standards;

(3) Establishing qualifications for a person to teach a traffic safety education course;

(4) Establishing rules for the administration of ORS 336.805 and 336.810, relating to recordkeeping for and reimbursement and distribution of funds in the Student Driver Training Fund , including reduced tuition for low-income pupils; and

(5) Establishing rules for the administration of ORS 336.790 to 336.815, related to increasing enrollment in underserved areas of the state, and the imposition of sanctions against a provider of a traffic safety education course that has violated a provision.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 4-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0020 Definitions

As used in division 15 rules, unless the context otherwise requires:

(1) “Adaptive Strategy” means a program element that may be altered to help support and promote driver education in underserved areas of the state.

(2) “Approved Course” also “Approved Program” means a traffic safety education course or program conducted by an approved provider.

(3) “Approved individual” means an individual that is an employee of an approved provider who has been authorized by the approved provider to enter information into DMV2U.

(4) “Approved Instructor” also “Instructor” means a teacher who holds a valid approved instructor certification. An approved instructor has successfully completed required training and meets minimum requirements set forth in OAR 737-015-0070.

(5) “Approved provider” also “provider” is a private school, public school, commercial driver training school or county that has been granted approval by ODOT-TSO to provide instruction using a Division-approved curriculum by instructors who have completed a Division-approved instructor course of study. A provider is responsible for all aspects of the program and is required to maintain required records, whether or not instruction is contracted.

(6) “Behind-the-wheel” instruction means the portion of the approved course that requires the student to be located behind the steering wheel of a dual control equipped motor vehicle or a simulated vehicle, operating it either in real or simulated traffic situations, through the direct guidance of a driver education instructor.

(a) Four hours of simulation is equal to one hour of behind the wheel instruction.

(b) One hour of operating a motor vehicle is equal to one hour of behind the wheel instruction.

(7) "Business day" means Monday through Friday, 8 a.m. to 5 p.m., excluding Oregon state and federal holidays.

(8) “Cancellation” means to declare the approved provider or instructor status void and obtainable only as defined in OAR 737-015-0010 to 737-015-0130.

(9) “Classroom instruction” means that portion of an approved course held in the presence of an approved instructor in a classroom situation and does not include time spent in home study, reading outside of class time or break time. Classroom make-up time is subject to the same provisions.

(10) “Commercial Driver Training School” means a privately or publicly owned driver training facility in Oregon that has been issued a School Certificate by DMV to provide student drivers behind-the-wheel instruction, classroom instruction or both, for a fee.

(11) “Completing the course” or “completed the course” means completing an ODOT-TSO approved course, with documentation showing 30 hours classroom instruction, 6 hours behind-the-wheel instruction, and 6 hours practice driving observation.

(12) “Curriculum guide” means a document that describes what the students need to learn and provides a guide for instructors as they prepare for instruction. It is a document that assists traffic safety instructors and district coordinators in meeting the needs of the regulations identified in OAR 737-015-0030.

(13) “Department” or “ODOT” means the Oregon Department of Transportation.

(14) “Division” or “TSO” means the Transportation Safety Office of the Oregon Department of Transportation. A reference to the Division or TSO may include its designee.

(15) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(16) “DMV2U” means DMV’s internet address at https://dmv2u.oregon.gov/eServices/_/.

(17) “Driver Improvement Violation” means:

(a) One conviction for an offense listed in OAR 735-064-0220; or

(b) A Preventable Accident as defined in OAR 735-072-0020(7).

(18) “Driving simulator” means an electromechanical device designed to represent the driver’s compartment of the automobile and with the use of films or video programs attempts to develop judgment, decision-making skills, behavior response, and manipulative skills essential in learning the driving task.

(19) “Electronic driver education completion notation” means the notation added to an eligible student’s DMV record to document the student has completed and either passed or failed an approved course.

(20) “Eligible student” means a student that is at least 15 years of age, will complete an approved course before reaching 18 years of age, and has a valid Oregon instruction driver permit.

(21) “Hours” means clock hours, not including breaks or other time that does not apply to actual instruction.

(22) “Instructor Brake” or “Dual control” means the vehicle is equipped with a foot brake control for both the student driver and the instructor connected either by mechanical or hydraulic means, installed as specified by the manufacturer.

(23) “Lesson plan” means a written outline of the content and method of instruction. Required elements are specified in OAR 737-015-0030(3).

(24) “Practice driving observation” means that portion of an approved course given in a dual control vehicle as the instructor observes the student driver and engages the back seat passengers in discussion of the student driver operation of the motor vehicle.

(25) “Private Provider” means a Commercial Driver Training School that meets approved provider requirements and is in compliance with OAR 737-015-0010 thru 737-015-0130.

(26) “Public Provider” means a public school or county that meets approved provider status and is in compliance with OAR 737-015-0010 thru 737-015-0130.

(27) “Public school” is as defined in ORS 336.790.

(28) “Repeated Violation” means the provider or instructor was notified in writing within three years of the same or a substantially similar deficiency.

(29) “Revocation” means the termination of the authority granted an approved provider or an approved instructor for a specified period, with a new certificate obtainable only as defined under OAR 737-015-0120 or 737-015-0130.

(30) “Sanction” means an action taken by ODOT-TSO against a provider or instructor for non-compliance with Oregon law or ODOT-TSO rule related to traffic safety education.

(31) “Simulation” means the portion of the behind-the-wheel traffic safety education course given in a driving simulator.

(32) “Student Completion Certificate” means an ODOT-TSO issued certificate that serves as proof of an eligible student completing an approved course with a passing score.

(33) “Suspend” or “Suspension” means the temporary withdrawal for a specified period of time of the authority to conduct business or perform instructional activities granted under approved provider or approved instructor status.

(34) “Traffic Crime” means a conviction under Oregon statute or city ordinance, or a comparable statute or city ordinance of any other jurisdiction, for any misdemeanor or felony involving the use of a motor vehicle that may result in a jail sentence.

(35) “Traffic safety education” means a course consisting of classroom instruction, practice driving, and practice driving observation, all devoted to educating teen student drivers in safe and proper driving practices.

(36) “Valid instruction driver permit” means an instruction permit issued by the State of Oregon under ORS 807.280 or an interim driver card issued by the State of Oregon under ORS 807.310 that is in the student’s name and is not expired, canceled, suspended or revoked.

(37) “Warning” means a written correction notice issued by ODOT-TSO that requires corrective action be taken as specified.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSO 2-2024, amend filed 10/10/2024, effective 10/14/2024
TSD 5-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSD 3-2010, f. & cert. ef. 7-30-10
TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0030 Curriculum Requirements

(1) An approved program curriculum must include for each student:

(a) A minimum of 30 hours of classroom instruction, which includes no more than 3 hours in a single day and no more than 6 hours total in any consecutive 7-day period that includes:

(A) Instructing students about driving on all types of Oregon roads in a positive and courteous manner;

(B) Driver responsibility;

(D) Identification and proper use of signs, signals, markings, and roadway types;

(E) How to enter, use, and exit different types of intersections;

(F) Automobile maneuvers and traffic flow;

(G) Management of time and space using accepted and current practices, including targeting, line of sight/path of travel, model driving habits and reference point concepts;

(H) Defensive driving;

(I) Rules of the road;

(J) How the laws of physics and natural laws affect driving;

(K) How physical, emotional, and psychological conditions affect driving;

(L) Impaired driving; and

(M) Emergency situations.

(b) A minimum of 6 hours of behind-the-wheel instruction, which includes no more than 1.5 hours (90 minutes) of driving in a single day and no more than 2 hours total in any consecutive 7-day period. Behind-the-wheel instructional objectives must correspond with topics covered during classroom instruction described under (1)(a) of this rule.

(c) A minimum of 6 hours of practice driving observation, which includes no more than 3 hours of observation in a single day and no more than 4 hours total in any consecutive 7-day period.

(d) A written skill assessment for each student drive that covers all of the following skills, at a minimum:

(A) Positioning a vehicle based on visual referencing skills, space management, fender judgment and road position control;

(B) Procedures and sequencing for vehicle operations from the simple to the complex skill based on vehicle operation control, vehicle maneuvering, vehicle control options, and vehicle balance;

(C) Processing traffic and vehicle information into speed and position changes based on visual skills, space management, vehicle speed control, and control of the road; and

(D) Precision movements for maintaining vehicle control and balance in expected and unexpected situations based on vehicle speed control, vehicle balance, collision avoidance, traction control, response to mechanical failures and traction loss.

(e) During any behind-the-wheel instruction session, the following safety requirements must be met:

(A) Only the student driver operating the vehicle and the instructor shall be seated in the front seats of the vehicle;

(B) All vehicle occupants must use safety belts at all times while operating a vehicle; and

(C) Headlights must be turned on at all times during behind-the-wheel instruction. Because automatic headlights do not illuminate side and tail lights, headlights must be manually turned on even if an automatic switch is present and in use.

(2) An approved program curriculum must include parent, legal guardian, or supervising adult involvement that includes:

(a) A parent meeting; and

(b) A log or other means to demonstrate that a minimum of five hours supervised home practice was conducted during the course. Documentation must be maintained by the provider. Supervised home practice is not counted as part of the classroom, behind-the-wheel, or practice driving observation.

(3) The traffic safety education curriculum guide must be approved by ODOT-TSO prior to program implementation. The provider must review and update the guide every three years thereafter, maintaining a full current master copy. The guide must be available for review by ODOT-TSO on request. The following elements are required:

(a) A written lesson plan for each classroom and each behind-the-wheel session. A provider who has fully adopted the ORPC Playbook is not required to provide additional documentation of classroom lesson plans. The requirement to develop written behind-the-wheel lesson plans remains in effect whether or not the program has adopted the ORPC Playbook. A lesson plan must include:

(A) The title of the lesson or module to be taught;

(B) Prerequisites;

(D) Performance objectives;

(E) Materials and resources;

(F) Instructor and student activities;

(G) Time breakdown;

(H) Methods of assessment; and

(I) Assignments.

(b) A flow chart that shows the program’s integration between classroom and behind-the-wheel lessons.

(c) A written drive route that supports each behind-the-wheel lesson plan. The drive route cannot duplicate the DMV drive test route.

(d) The final drive route. Every final drive route in use must be pre-approved by ODOT-TSO, along with the associated formal written score assessment form. Any change to a final route or score assessment form must also be pre-approved.

(4) Classroom and behind-the-wheel instruction and practice driving observation must be provided concurrently.

(a) Concurrently means the integration of classroom instruction and behind-the-wheel instruction. For each student, no fewer than 4 and no more than 10 hours of classroom instruction shall be completed before beginning behind-the-wheel instruction. Classroom and behind-the-wheel instruction must be well organized and coordinated.

(b) Behind-the-wheel instruction and practice driving observation of a particular skill or behavior may not precede the classroom instruction of that same skill or behavior.

(5) A course may not be completed in fewer than 35 days and no more than 180 days. An extension beyond 180 days may be provided if there is compelling reason dealing with school, family or medical circumstances and has been agreed upon between the provider and parent before completion of the course. Documentation of the agreement must be maintained.

(6) Within five business days after a student completed and passed the course and final drive assessment, the provider must enter into DMV2U the driver education completion notation signifying that the student passed and the date the student passed the course and final drive assessment. A student must obtain a minimum score of 80% on the final skills assessment to receive a passing notation.

(7) Within five business days after a student has completed and failed the course, the provider must enter into DMV2U the driver education completion notation signifying that the student failed the course.

(8) Summer Exception — The maximum number of classroom hours permitted during any consecutive 7-day period changes during the summer months. When offered from June to August, the classroom portion of a driver education program required under section (1)(a) of this rule, may contain classroom instruction for up to 3 hours in a single day and 10 hours total in any consecutive 7-day period. Requirements for the behind-the-wheel portion of the course are unaffected by this exception. A course may not be completed in fewer than 35 days.

(9) With agreement between a parent, legal guardian or supervising adult and the provider, behind-the-wheel instruction may be provided hour for hour in place of practice driving observation. In no case shall behind-the-wheel instruction hours be fewer than 6, and in no case shall the behind-the-wheel instruction hours and practice driving observation hours, combined, be fewer than 12. Time must be accurately documented by date, activity, and the amount of time of each session.

History

Statutory/Other Authority: ORS 184.619, 802.020 & 336.802
Statutes/Other Implemented: ORS 336.800, 336.802, 336.805, 336.810, 802.110 & 807.065
TSO 2-2024, amend filed 10/10/2024, effective 10/14/2024
TSD 6-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSD 3-2010, f. & cert. ef. 7-30-10
TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0035 Adaptive Strategies for Underserved Areas

(1) A provider that delivers a course in underserved areas may qualify for regulatory incentives.

(2) A provider that teaches an approved program in a rural or frontier community may qualify for an adaptive strategy to help offset costs associated with delivering a program in underserved areas.

(3) Rural and frontier communities shall be designated by ODOT-TSO based on mileage and travel time from a community of specific size. Population is based on the most recent census. Mileage and travel time is based on approved mapping software.

(4) For an approved provider to qualify for an adaptive strategy, classroom sessions must be held within the designated rural or frontier community.

(5) Only communities designated as rural or frontier shall qualify for adaptive strategies.

(6) An adaptive strategy may include, but is not limited to, online instruction or video conferencing to substitute for a portion of classroom seat time, increased daily lesson time limits, or course materials provided by ODOT-TSO.

(7) Applying an adaptive strategy in an area that has not been designated as rural or frontier, or misuse, fraud, or altering the intended use of an adaptive strategy may lead to sanction.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 7-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Or. Admin. R. 737-015-0050 Instructional Materials and Equipment

(1) Current traffic safety education instructional materials shall be provided for each student enrolled for classroom instruction, and shall be available to students during the classroom and behind-the-wheel instruction.

(2) Any motor vehicle used by an approved provider, for the behind-the-wheel instruction portion of a traffic safety education course shall:

(a) Be equipped with a dual control;

(b) Be maintained in good mechanical condition;

(d) Be equipped with approved seat belts for the student driver, the instructor and any observing passengers;

(e) Be equipped with a functional heater and defroster;

(f) Be equipped with the following emergency equipment: a fire extinguisher; first aid kit in compliance with OR-OSHA Bloodborne Pathogens Standards; and three flares or three approved reflectors;

(g) Be clearly identified with an appropriate sign or signs stating: "Student Driver" or "Dual Control Car, Driver Education" or "Driver Education Car." Such identification must be clearly visible and readable to pedestrians and other traffic;

(h) Be properly registered in Oregon or an adjacent state;

(i) Be covered by insurance as required by the state of Oregon; and

(j) Be equipped with at least the following mirrors:

(A) One mirror on each side of the vehicle, mounted either inside or out, for the use of the instructor and the student while properly seated;

(B) A rear view mirror for the use of the driver; and

(D) An instructor rear view mirror.

(3) Headlights must be in use at all times — low or high beam, as appropriate — during behind-the-wheel instruction.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 8-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2001, f. & cert. ef. 8-13-01
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0060 Use of Driving Simulators

(1) Not more than one-half of the required hours specified for behind-the-wheel instruction may be given by means of a driving simulator, in accordance with the ratio for driving simulator to behind-the-wheel instruction found in OAR 737-015-0020(4)

(2) Driving simulator instruction may not precede classroom instruction. If offered, simulation must be offered concurrently with classroom instruction beginning September 1, 2008.

(3) An instructor must complete a workshop in driving simulation operation and application before providing instructions on the driving simulator.

(4) Documentation of the completed workshop must be kept in the instructor’s file.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 9-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0070 Qualifications of an Approved ODOT-TSO Traffic Safety Education Instructor

(1) A valid approved instructor certification card issued by ODOT-TSO is required to teach, conduct classes, give demonstrations or supervise the practice of students in an approved program.

(2) An instructor must obtain a corrected approved instructor certification card if there is a change to any of the information printed on the card.

(3) To be eligible for an approved instructor certification card, or to renew a certification card, an individual must:

(a) Submit to ODOT-TSO a completed application on a form provided by the Division;

(b) Be 21 years of age, or older;

(d) Have valid Oregon driving privileges or valid driving privileges from a state adjacent to Oregon, if the individual is a legal resident of that state and has had valid driving privileges for at least three years preceding the date an application is submitted to ODOT-TSO. To be valid, driving privileges may not be suspended, revoked, canceled, or otherwise withdrawn for a traffic crime as defined in 737-015-0020(30). For purposes of these OAR 737 division 15 rules, a hardship or probationary permit does not constitute valid driving privileges;

(e) With initial application, provide a DMV five-year certified court print driving record dated within the past 60 days. An instructor who has not held Oregon driving privileges for the five-year period is required to submit a certified driving record from a jurisdiction or foreign government that issued driving privileges during that period. The record must meet the following requirements:

(A) Not more than one driver improvement violation within the preceding 12 months or more than 2 driver improvement violations in the preceding 24 months;

(B) No alcohol or drug related traffic violation, conviction or infraction within the preceding five years; and

(f) Have current first aid and CPR Certification;

(g) Submit a release authorizing ODOT-TSO to obtain the applicant’s criminal history report. Criminal history records will only be used to determine instructor qualification and may be used as evidence in any contested case hearing or appeal, as described in section 737-015-0130 of this rule. Such records will otherwise be kept confidential and not released to any individual unless ODOT-TSO determines a record, or any portion thereof, must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court order disclosure in accordance with the Public Records Law.

(h) Not have a conviction for any of the following crimes:

(A) A traffic crime as defined by OAR 737-015-0020(30). This subsection does not apply if the conviction occurred more than five years preceding the date an application for approved instructor certification is submitted;

(B) Kidnapping or custodial interference as defined in ORS 163.225 through 163.257;

(C) Any sexual offense, with or without force, any offense related to child pornography, or compelling or promoting prostitution;

(D) Any crime involving injury or threat of injury to another individual;

(E) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or

(F) Any crime relating to the unlawful possession, use, sale, manufacture, or distribution of controlled substances or alcoholic beverages; and

(i) Not engage in conduct that is substantially related to the individual’s fitness to be an instructor or that demonstrates unfitness or inability to perform the responsibilities of an instructor. ODOT-TSO will determine from the facts of the conduct, and the intervening circumstances known to ODOT-TSO, if the individual is fit to perform the responsibilities of an instructor or poses a risk to the safety of others while performing those responsibilities.

(4) An instructor must be re-certified every two years. To be eligible for renewal the instructor must submit to ODOT-TSO a completed renewal application and provide documentation of the following:

(a) A minimum of 15 hours of continuing education within the previous two years. This professional development training may be obtained through an approved provider, state agency, college or university or professional education organization. Professional development hours will be accepted for the purpose of enhancing instructional knowledge and skills in support of teaching driver education best practices;

(b) A minimum of 30 hours of classroom, behind-the-wheel or simulator instruction in a Division-approved program within the previous two years;

(d) Out-of-state instructors are responsible for annually obtaining a certified driving record from the jurisdiction or foreign government that issued driving privileges during that period.

(A) The driving record must be submitted to the employer for review and to maintain with records.

(B) A copy of the record, dated within the past 60 days, must also be submitted as part of the renewal application.

(5) An individual is not eligible for approved instructor certification and may not be permitted to renew or maintain approved instructor certification if:

(a) The individual’s driving record does not meet minimum requirements as described under (3) of this rule.

(b) The individual’s driving privileges are revoked as a habitual offender under ORS 809.600 or any equivalent action in another jurisdiction. This section shall apply if the instructor’s driving privileges were revoked as a habitual offender and have not been restored under ORS 809.660 or its equivalent in another jurisdiction at least five years prior to the date an application for approved instructor certification is submitted.

(c) The individual is enrolled or participating in a DUII diversion program including an equivalent diversion program in another jurisdiction. This section will apply if the individual was enrolled or participated in a diversion program anytime within the five years preceding the date an application for approved instructor certification is submitted.

(d) The individual has had a suspension of driving privileges under a driver improvement program, including an equivalent driver improvement program in another jurisdiction. This section will apply if the suspension occurred within the last three years preceding the date an application for approved instructor certification is submitted.

(e) The individual refuses to take a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section will apply if the individual refused a breath test anytime within five years preceding the date an application for approved instructor certification is submitted.

(f) The individual fails to pass a breath or blood test in accordance with ORS 813.100 or an equivalent violation in another jurisdiction. This section will apply if the individual fails a breath test anytime within five years preceding the date an application for approved instructor certification is submitted to ODOT-TSO.

(g) The individual’s approved instructor certification is suspended, revoked, canceled, restricted or withdrawn, or a similar sanction in another jurisdiction, on the date the application for approved instructor certification is submitted to ODOT-TSO.

(h) The individual has a conviction for any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted in another jurisdiction.

(i) The individual has a physical or mental condition or impairment affecting the person’s ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle.

(6) An applicant who has been convicted of a crime listed in 737-015-0070(3)(h) may include an explanation or evidence of intervening circumstances since the conviction. ODOT-TSO will determine if the intervening circumstances of the conviction are such that the conviction affects the individual’s fitness to be an Instructor.

(7) An individual whose driver license has been suspended, cancelled, revoked or denied as described in section (3)(e) of this rule may include an explanation or evidence of intervening circumstances. ODOT-TSO will consider intervening circumstances when making a determination.

(8) ODOT-TSO may request additional information from an applicant. Additional information may include, but is not limited to, documentation regarding the intervening circumstances of a conviction, suspension, cancellation, revocation, or denial. ODOT-TSO will determine if the intervening circumstances of the conviction are such that the conviction affects the individual’s fitness to be an instructor.

(9) Criteria described in this rule may provide grounds for suspension, cancellation, revocation, restriction or denial as described in 737-015-0120 if an instructor fails to remain qualified as prescribed under this rule.

(10) An applicant will be refused approval to provide traffic safety education or a current approval will be suspended or revoked if the applicant or instructor has his or her driver license or privilege suspended or revoked or canceled for any reason or is involved in the DMV Driver Improvement Program or has exceeded two driver improvement violations in a two-year period or has any alcohol or drug related traffic violation, conviction or infraction.

(11) Approval to provide traffic safety education may be granted upon reapplication when the approved instructor's driver license or privilege in Oregon has been reinstated in full for three years or one year has passed since the last Driver Improvement Program entry on the driving record or five years have passed since an alcohol or drug related traffic violation, conviction or infraction.

(12) Opportunities for reinstatement and appeal are available according to provisions equivalent to those specified in ORS 342.175(4) and 342.180.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSD 10-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2001, f. & cert. ef. 8-13-01
TSS 1-2001(Temp), f. & cert. ef. 6-14-01 thru 12-10-01
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0074 Instructor Responsibilities

(1) An approved instructor must meet all requirements of his or her employer.

(2) An instructor must:

(a) Meet all instructor qualifications set forth in OAR 737-015-0070 when teaching in an approved program.

(b) Provide a copy of a valid approved instructor certification card to an employer prior to teaching an approved course for that employer.

(d) Accurately complete all applicable student driver records required under OAR 737-015-0090.

(e) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 737-015-0080.

(f) Comply with all statutes, administrative rules and regulations relating to an approved instructor.

(g) Notify ODOT-TSO by mail or facsimile within 24 hours, excluding state holidays or weekends of any:

(A) Notice of civil legal action filed against the instructor related to acting as an instructor; or

(B) A conviction for an offense described in OAR 737-015-0070(3)(h); and

(C) If requested, respond to ODOT-TSO in writing by facsimile or mail within 10 calendar days (excluding weekends and state holidays) to any complaint received by ODOT-TSO.

(3) An instructor may not:

(a) Teach an approved course without valid approved instructor certification;

(b) Transfer his or her approved instructor certification to any other individual;

(d) Allow any student to participate in classroom instruction or behind-the-wheel instruction if the instructor has reason to believe the student driver is under the influence of an intoxicant;

(e) Provide classroom instruction or behind-the-wheel instruction if the instructor is under the influence of an intoxicant; or

(f) Teach if the instructor has a physical or mental condition or impairment that affects the individual’s ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle.

History

Statutory/Other Authority: 184.619 & 802.345
Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 11-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Or. Admin. R. 737-015-0076 Provider Responsibilities

(1) On initial application for approval, a provider must submit the following:

(a) Curriculum, including lesson plans, drive routes, and skill assessment forms;

(b) Certification numbers for all instructors who will be permitted to teach the approved program;

(d) Required recording and reporting forms, as provided by ODOT-TSO.

(2) A provider must complete and return, when warranted, all required recording and reporting forms supplied by the Division before or on the required dates.

(3) A provider may not begin a course until the provider has been granted approved provider status by ODOT-TSO.

(4) Any subsequent changes to the final drive route or score assessment form must be pre-approved by ODOT-TSO.

(5) Each approved provider must appoint an individual responsible for ensuring that all driver education requirements are met and to be the contact person with the Division.

(6) Each approved provider must adopt written policies that include:

(a) Enrollment criteria;

(b) Student fees and refunds;

(d) Minimum and maximum course duration.

(7) Each approved provider must submit in writing all reportable motor vehicle accidents that involve a driver education motor vehicle to the Division within three working days of the accident. If a police report has been prepared, it must also be provided.

(8) An approved provider must:

(a) Notify ODOT-TSO by mail or facsimile within 10 days (excluding weekends and state holidays) of any of the following:

(A) The provider no longer meets or maintains the requirements set forth in OAR 737-015-0010 to 737-015-0130.

(B) An instructor employed by the provider who no longer meets or maintains qualifications, responsibilities or requirements set forth in OAR 737-015-0070, including an explanation of why the instructor no longer meets the qualifications, responsibilities or requirements.

(b) Annually obtain a driving record from each out-of-state instructor. The certified driving record must be issued by the jurisdiction or foreign government that issued driving privileges during that period. The provider shall carefully review the record for compliance with Oregon Administrative Rule and maintain a copy with instructor records;

(c) Establish procedures that reasonably ensure no instructor or student is under the influence of any intoxicant during classroom or behind-the-wheel instruction;

(d) Comply with all statutes, administrative rules, and regulations related to an approved driver education program provider;

(e) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 737-015-0080;

(f) Authorize only an individual who has a valid approved instructor certification to provide classroom or behind-the-wheel instruction to a student;

(g) If requested, respond to ODOT-TSO by mail or facsimile within 10 calendar days (excluding weekends and state holidays) to any complaint received by ODOT-TSO;

(h) Ensure that the student is eligible to take the approved course prior to the start of the course;

(i) Ensure every student’s course results and the date those course results were obtained are entered into DMV2U within five business days after the student completed and passed the course and final drive assessment;

(j) Ensure every student’s course results and the date those course results were obtained are entered into DMV2U within five business days after the student failed the course; and

(k) Ensure every student’s course result notation, whether the student passed or failed the course, is entered into DMV2U prior to requesting reimbursement.

(9) An approved provider may not permit any individual to do any of the following:

(a) Conduct classroom or behind-the-wheel instruction with a student not in possession of a valid driver license or instruction permit.

(b) Provide behind-the-wheel instruction to any student on a driving route specifically used by DMV to test applicants for Oregon driving privileges.

(c) Allow an instructor who does not have current, valid driving privileges to conduct classroom or behind-the-wheel instruction.

(d) Allow an instructor who does not have a valid approved instructor certification to teach an approved course.

(10) An approved provider must ensure only approved individuals have access to DMV2U.

History

Statutory/Other Authority: ORS 184.619 & 336.802
Statutes/Other Implemented: 802.010, ORS 336.800, 336.802, 336.805, 336.810, 802.110 & 807.065
TSO 2-2024, amend filed 10/10/2024, effective 10/14/2024
TSD 12-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Or. Admin. R. 737-015-0085 Code of Ethics and Rules of Conduct

(1) Each provider and instructor accepts the responsibilities and requirements of the driver education profession and must adhere to the highest ethical standards of professional conduct.

(2) To fulfill their obligations to the public and to ODOT-TSO, the provider and instructor must:

(a) Recognize that the instruction and training of student drivers is a position of trust;

(b) Exhibit competence and wisdom in conducting professional responsibilities;

(d) Maintain and uphold the highest educational standards possible for instructing and training student drivers.

(3) A provider or instructor may not engage in or knowingly allow any owner, administrator, manager, or employee of an approved program to engage in any of the following:

(a) Assist or knowingly allow a student driver to fraudulently obtain driving privileges for which the student driver is ineligible or has not qualified;

(b) Discriminate against a student because of race, religion, national origin, size, disability, age, sex, or sexual orientation;

(d) Make sexual advances either verbally or physically or request sexual contact from any student, whether directly, indirectly or by innuendo;

(e) Use physical force or a threat of physical force against a student driver, unless such force or threat is necessary to avoid immediate danger to the safety of the student driver, the provider, or instructor, an employee of the school, a passenger in a vehicle being used for behind-the-wheel instruction, or the general public;

(f) Possess any unlawful controlled substance or intoxicating beverage or be under the influence of any intoxicating beverages, drugs or controlled substances while training or instruction is being provided to students; or

(g) Falsify any document or make a misrepresentation on an application or record.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 13-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Or. Admin. R. 737-015-0090 Recordkeeping

(1) The approved provider must maintain the following records:

(a) A record for each student who begins, regardless of whether or not the student completes, an approved course including:

(A) The dates of the course, including beginning and end date;

(B) The final grade achieved, if course is completed;

(D) The student’s mailing address;

(E) The student’s progress, both in-car and in the classroom;

(F) A record of five hours supervised home practice;

(G) Evaluation results, including written skill assessments;

(H) Attendance and time involvement for classroom and in-car lessons. Documentation must include date and amount of time a student participated in each lesson.

(I) Records must clearly show a minimum of 30 hours classroom instruction, 6 hours behind-the-wheel instruction, 6 hours practice driving observation and 5 hours supervised practice. Makeup sessions must be clearly documented with the date and amount of time.

(b) A record for all instructors, including current and past instructors, who have conducted the classroom or behind-the-wheel portion of a traffic safety course. Instructor records must include:

(A) A copy of a valid approved instructor certification card issued by ODOT-TSO during the period of time the instructor taught for the employer;

(B) Hire date; and

(d) A copy of all accident reports for reportable accidents relating to a driver education motor vehicle owned or operated by the approved provider;

(e) Written policies and procedures required by OAR 737-015- 0076 and ORS 336.805;

(f) Record of the tuition and other fees charged and received from a student; and

(g) Income, expenditure and reimbursement records, including backup documentation, that support the request for reimbursement as provided by ORS 336.805 and as required by OAR 737-015-0100 and 737-015-0105.

(2) Records must be retained for three years for instructors and five years for all other program records.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 14-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSD 3-2010, f. & cert. ef. 7-30-10
TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0095 Electronic Driver Education Entry

(1) DMV shall give an approved provider access to DMV2U to check potential student eligibility, determine subsidy eligibility, and to enter student course results.

(2) An approved provider shall ensure the student is eligible to take the driver education course by entering the required data into DMV2U prior to the start of the course.

(3) An approved provider shall enter the student’s passing result and the date of the passing result into DMV2U within five business days after a student completed the course and passed the final drive assessment.

(4) An approved provider shall enter a student’s course failure result into DMV2U prior to claiming reimbursement for a student who completed the course with a failing result.

(5) An approved provider shall enter an electronic driver education completion notation with a passing notation into DMV2U when a student, within two years of completing the course, requests a new Student Completion Certificate because the student’s previously issued Student Completion Certificate is no longer available.

(6) DMV shall enter an electronic driver education completion notation with a passing notation into DMV2U when a student, within two years of completing the course, requests a new Student Completion Certificate and the approved provider no longer has access to DMV2U.

History

Statutory/Other Authority: ORS 184.619, 336.802 & 802.010
Statutes/Other Implemented: ORS 336.800, 336.802, 336.805, 336.810, 802.110 & 807.065
TSO 2-2024, adopt filed 10/10/2024, effective 10/14/2024

Or. Admin. R. 737-015-0100 Subsidy for Approved Courses

(1) ODOT-TSO will reimburse approved providers for traffic safety education courses that meet the requirements of OAR 737-015-0010 through 737-015-0130.

(2) Approved public providers amount of reimbursement shall not be greater than the net cost of conducting the course, nor shall it exceed $210 per pupil completing the course, except as defined in 737-015-0035 or 737-015-0105. In no case shall the public provider receive more than its eligible expenses less tuition received.

(3) Approved private providers amount of reimbursement shall not be greater than the net actual cost of conducting the course, plus a profit of not more than 12% of the net actual cost of conducting the course, unless under contract to a public provider; but in no event shall it exceed $210 per pupil completing the course, except as defined in 737-015-0035 or 737-015-0105.

(4) If funds available to ODOT-TSO for the Student Driver Training Fund are not adequate to pay all approved claims in full, approved providers will receive a pro rata reimbursement based upon the ratio of the total amount of funds available to the total amount of funds required for maximum allowable reimbursement. Calculation for pro rata reimbursement will be as follows: the total amount of funds available in the Student Driver Training Fund will be divided by the statewide total number of students eligible for reimbursement. This calculation will generate a prorated per student amount. Each approved provider’s reimbursement will be determined by multiplying the prorated amount times the number of eligible students claimed by the approved provider.

(5) Accurate and complete records of the revenue and cost of conducting an approved course must be kept by the approved provider in accordance with generally accepted accounting principles, and reports must be submitted to ODOT-TSO by each approved provider seeking reimbursement on Division-approved reimbursement forms. All student fees must be received by the approved provider seeking reimbursement.

(6) Distribution of funds available in the Student Driver Training Fund shall be made no more than once a month by the ODOT-TSO Administrator based on the reimbursement form submitted by the approved provider.

(7) ODOT-TSO will reimburse costs of approved courses that comply with OAR 737-015-0010 to 737-015-0130.

(8) Approved providers shall receive reimbursement only for eligible students who have completed the approved course prior to issuance of their Oregon provisional driver license, have not reached the age of 18, and have not been previously claimed for reimbursement.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 15-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSD 3-2010, f. & cert. ef. 7-30-10
TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07
TSS 2-2001, f. & cert. ef. 8-13-01
TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00
TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00

Or. Admin. R. 737-015-0105 Income-Based Subsidy for Approved Courses

(1) As used in this rule, “Low income student” means a student whose household meets income eligibility guidelines for a benefit program administered by an Oregon state or federal agency that is selected by ODOT-TSO.

(2) ODOT-TSO may reimburse approved providers for traffic safety education courses that meet the requirements of OAR 737-015-0010 through 737-015-0130 in an amount above and apart from reimbursement authorized in OAR 737-015-0100 as defined in this rule.

(3) Approved providers may offer discounted tuition to low income students. If an approved provider has reduced the regular tuition cost based on income eligibility, TSO may reimburse the approved provider up to $75 per student.

(4) An approved provider who has granted discounted tuition to a qualified low income student must complete the appropriate portion of the provided reimbursement form to obtain subsidy under this rule.

(5) The total for reimbursements under OAR 737-015-0100 and 737-015-0105 combined may not exceed the provider’s eligible expenses less tuition received, except as described for private provider profit margin as described in 737-015-0100(3).

(6) The provisions of this rule are suspended if the Student Driver Training Fund reimbursement funds become prorated, as in 737-015-0100(4)

(7) Unless explicitly stated herein, all conditions stated under 737-015-0100 apply to this rule.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 16-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Or. Admin. R. 737-015-0110 Inspection and Investigation

(1) As used in this rule, “Inspection” means the Division’s inspections of approved providers performed on-site to ensure that providers are in compliance with OAR 737-015-0010 through 737-015-0130.

(2) ODOT-TSO may periodically inspect all approved providers to determine compliance with laws and rules pertaining to the operation of the approved provider’s program and instructor certification requirements. Approved providers must make all elements of the program available for inspection by a TSO inspector. Inspections will be scheduled with prior notice.

(a) Inspections may include examination of:

(A) Student driver records for which division approved driver training was conducted by the provider regardless of whether the student driver completed or failed to complete the school’s driver training course;

(B) Qualifications of current or former instructors;

(C) Curriculum, written policies and all records or items ODOT-TSO deems necessary to ensure that the program is complying with all applicable provisions of law, such as classroom and behind-the-wheel instructor observations, vehicle equipment, vehicles and instructional materials; and

(D) Financial and fiscal information used to determine the reimbursable costs and profit as outlined in 737-015-0100 and 737-015-0105.

(b) A provider must assure that all requested equipment, materials, records, vehicles and other program elements are available to the inspector.

(c) A provider must gather all records at the location of the inspection. Exceptions must be requested in advance and may be granted on a case-by-case basis.

(d) Records that are unavailable at the time of inspection must be delivered to ODOT-TSO within 10 days.

(3) ODOT-TSO may copy or require the facility to submit copies of any program materials, records, or information.

(4) A sanction may be imposed on a provider that does not fully cooperate with an inspection.

(5) An ODOT-TSO representative will prepare a written report of each inspection. A copy of the ODOT-TSO representative’s report, including required corrective action, will be sent to the provider.

(6) Approved providers must correct any deficiency identified by an ODOT-TSO inspector during an on-site inspection within 30 calendar days of the date of the inspection. Until a corrective action report is received by ODOT-TSO, approved providers may not be eligible for reimbursement. When non-compliance of rules continues beyond 30 days, sanctions may be imposed pursuant to OAR 737-015-0120.

(7) ODOT-TSO may conduct re-inspection for the purpose of reviewing corrections, with or without prior notice.

(8) ODOT-TSO may investigate any complaint it receives about an approved provider or instructor. The authorized provider or provider’s employees must cooperate with ODOT-TSO during the investigation. If requested by ODOT-TSO, the approved provider must provide a written response to the complaint within 10 working days by either mail or facsimile from the date ODOT-TSO notifies the provider of the complaint. ODOT-TSO will prepare a written report of each investigation.

(a) A copy of the ODOT-TSO report, including any corrective action or sanction, will be sent to the provider.

(b) The provider must correct any deficiencies identified during the investigation and provide ODOT-TSO with a detailed corrective action report addressing each deficiency within timelines set by ODOT-TSO.

(c) When a complete corrective action report has not been received within the required timeline or non-compliance of rules continues a sanction may be imposed pursuant to OAR 737-015-0120.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 17-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
TSD 3-2010, f. & cert. ef. 7-30-10
TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10
TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07

Or. Admin. R. 737-015-0120 Provider and Instructor Sanctions

(1) ODOT-TSO may impose sanctions when it determines a provider has violated any provision of ORS 336.790 to 336.815, or administrative rules promulgated by ODOT-TSO.

(2) In determining an appropriate sanction, ODOT-TSO may consider the following criteria:

(a) The severity of the violation;

(b) The impact of the violation on pupils or public safety;

(d) Whether the violation was willful or intentional; or

(e) The history of prior sanctions imposed by ODOT-TSO.

(3) ODOT-TSO may impose progressive sanctions, when it determines violations have occurred or are occurring,

(a) Progressive sanctions begin with a written warning. If deficiencies remain uncorrected, or a complete corrective action report has not been submitted, sanction severity will increase.

(b) Sanctions may include one or more of the following:

(A) Written warning, including a correction notice or report;

(B) Reduction or denial of reimbursement;

(D) Revocation of approved status and the right to apply or renew the approved status for up to five years.

(4) ODOT-TSO reserves the right to impose additional sanctions to protect a student, the public or public funds. Sanctions may include, but are not limited to:

(a) Reimbursement of fees paid by students

(b) Delay of a provider’s reimbursement

(5) Reasons to sanction a driver education program provider or instructor include, but are not limited to, the following:

(a) Misrepresenting information to obtain subsidy;

(A) Misrepresenting expenses or revenue;

(B) Claiming unauthorized expenses;

(D) Misrepresenting program location or delivery to receive additional benefit.

(b) Misrepresenting information to obtain approved provider or approved instructor status:

(A) Misrepresenting the program or its delivery;

(B) Misrepresenting qualifications;

(D) Falsely claiming to correct program deficiencies.

(d) Failing to abide by terms or conditions of an approved program;

(e) Failing to correct deficiencies, or to provide a complete corrective action report addressing each deficiency, within stated timelines;

(f) Failing to abide by applicable OAR or ORS;

(g) Failing to submit required forms or information by the due date;

(h) Entering into DMV2U an electronic driver education completion notation indicating passing when a student has not completed the course and passed the final drive assessment;

(i) Entering into DMV2U an electronic driver education completion notation indicating course failure when a student has not completed the course;

(j) Failing to enter student results within five business days after a student has completed the course and passed the final drive assessment as required in OAR 735-015-0095;

(k) Failing to enter student results within five business days after a student completes the course and fails as required in OAR 735-015-0095;

(L) The provider fails to remove an approved individual’s access to DMV2U when the individual is no longer authorized or employed by the provider and the individual was added to DMV2U by the provider;

(m) The provider enters a passing notation into DMV2U when the student failed the course; or

(n) The provider enters a failing notation into DMV2U when the student passed the course.

(6) Emergency action may be imposed when there is potential for serious harm to the driver education program or any person.

(7) The provider or instructor may provide ODOT-TSO with evidence of any mitigating circumstances related to OAR 737-015-0110, which may include the opportunity or degree of difficulty to comply.

(8) ODOT-TSO may revoke its approval of a provider or instructor upon providing five days advance notice when ODOT-TSO determines, through an audit or investigation, that the safety of any person is endangered because of unsafe practices or unsafe equipment.

(9) When ODOT-TSO takes action to suspend, revoke or cancel an approved provider ODOT-TSO will send notice to the approved provider. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the current address on record with ODOT-TSO.

(10) If ODOT-TSO revokes a provider, no individual who owned, operated, or knowingly participated in the violations of the provider at the time of the act may, within five years of the revocation, own, operate or participate in an ODOT-TSO approved program.

(11) A suspended or revoked provider may not schedule students, accept money or conduct classroom or behind-the-wheel lessons for an ODOT-approved program for the full term of suspension or revocation.

(12) A suspended or revoked provider must refund enrolled students who are monetarily affected by the suspension or revocation.

(13) When ODOT-TSO takes action to suspend, revoke or cancel an instructor approval ODOT-TSO will send notice to the instructor. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (for an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail to both the instructor and the provider on record with ODOT-TSO.

(14) DMV shall remove a provider’s access to DMV2U when DMV suspends, revokes or cancels the provider’s approval status.

History

Statutory/Other Authority: ORS 184.619, 336.802 & 802.010
Statutes/Other Implemented: ORS 336.790, 336.800, 336.802, 336.805, 336.810, 802.110 & 807.065
TSO 2-2024, amend filed 10/10/2024, effective 10/14/2024
TSD 18-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Or. Admin. R. 737-015-0130 Appeal Process and Reinstatement

(1) A provider or instructor has the right to appeal a sanction or other actions.

(2) An approved provider or instructor whose approval has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(3) Upon notification of suspension, revocation, cancellation, reduction or denial of reimbursement or any other sanction, a provider or instructor may have the right to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(4) Except as provided for in section (6) of this rule, a request for a hearing must be submitted in writing to, and received by, ODOT-TSO within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation may not go into effect pending the outcome of the hearing, unless the approval is immediately suspended or cancelled.

(5) If the approval is immediately suspended or cancelled as set forth in OAR 737-015-0120(9) or (13), the request for hearing must be submitted in writing to, and received by, ODOT-TSO within 90 days of the date of notice of suspension. The suspension or cancellation must remain in effect pending the outcome of the hearing.

(6) Except as provided in OAR 137-003-0003, when no request for a hearing is received by the deadline, the approved provider or instructor has waived the right to a hearing, ODOT-TSO’s file must constitute the record of the case, and a default order must be issued by ODOT-TSO.

(7) If a provider or instructor approval has been revoked, the provider or instructor may reapply after a period of revocation of five years and must meet all the requirements for approval.

(8) If the provider or instructor approval is cancelled, the provider or instructor may reapply when they have met all of the requirements.

(9) At the end of a suspension period, ODOT-TSO will reinstate the provider or instructor approval unless the provider or instructor does not meet the qualification requirements for the approval. If the approval has expired, the provider or instructor must reapply and must meet all the requirements for new certification.

History

Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
TSD 19-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14

Division 20 DISTRACTED DRIVING AVOIDANCE COURSE

Or. Admin. R. 737-020-0010 Purpose

The purpose of these rules is to maintain a list of approved providers to be provided to courts pursuant to Oregon Laws 2017, chapter 629, section 4 by:

(1) Establishing minimum standards for course curriculum to implement a distracted driving avoidance course;

(2) Establishing a procedure to approve distracted driving avoidance courses that meet the curriculum standards;

(3) Establishing rule to provide minimum and uniform standards for the approval, suspension, and revocation of distracted driving avoidance course providers who provide instruction under Oregon Laws 2017, chapter 629, section 4; and

(4) Establishing requirements for drivers required to take a distracted driving avoidance course to obtain proof of course completion.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 20-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0020 Definitions

As used in these rules, unless the context otherwise requires:

(1) “Approved Course” or “course” means a distracted driving avoidance course or program conducted by an approved provider. An approved course may be offered online or in a classroom setting.

(2) “Approved provider” or “provider” is a person or business that has been granted approval by ODOT-TSO to provide instruction using a Division-approved curriculum.

(3) “Completion Certificate” means a certificate provided by an approved provider to a course participant that serves as proof the participant successfully completed an approved course.

(4) “Department” or “ODOT” means the Oregon Department of Transportation.

(5) “Division” or “ODOT-TSO” means the Transportation Safety Office of the Oregon Department of Transportation. A reference to the Division or ODOT-TSO may include its designee.

(6) “Distracted Driving Avoidance Course” means an approved course as required by Oregon Laws 2017, chapter 629, section 4.

(7) “Revocation” means the termination of the authority granted an approved provider to be on the list of approved providers.

(8) “Sanction” means an action taken by ODOT-TSO against a provider for non-compliance with Oregon law or ODOT-TSO rule related to the distracted driving avoidance course.

(9) “Successful Completion” by a participant means having attended 90 minutes of instruction (or makeup sessions) and completing all required assignments with a minimum of 80% passing score.

(10) “Suspension” means the temporary withdrawal for a specified period of time of the approved provider from the approved provider list and ODOT-TSO approved provider status.

(11) “These rules” means the Oregon Administrative Rules, Chapter 737, Division 20.

(12) “Warning” means a written correction notice issued by ODOT-TSO that requires a provider to take corrective action as specified.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch. 629 sec. 4
TSD 21-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0030 Curriculum and Completion Requirements

(1) An approved curriculum must include a minimum of 90 minutes of instruction that includes:

(a) Definition of distracted driving, including the types of distractions drivers face;

(b) Review of both Oregon and national statistics as they relate to distracted driving;

(d) Countermeasures to avoid distracted driving;

(e) Driver responsibility;

(f) Defensive driving;

(g) Other rules of the road that relate to driving correctly and distraction free driving;

(h) How physics and natural laws affect driving, including perception and reaction times; and

(i) How physical, emotional, and psychological conditions affect driving.

(2) A participant must demonstrate comprehension of at least 80% of the course content described above in order to successfully complete the course.

(3) A written plan for the instructional session must include the following elements:

(a) Overall objectives;

(b) Materials and resources used and provided to participants for instruction;

(d) A statement of standards for successful completion.

(4) Current distracted driving avoidance instructional materials shall be provided by the approved provider to the participant in the classroom instruction.

(5) At the end of each course, the provider must promptly issue a completion certificate to each participant who successfully completes the approved course. The completion certificate must contain, at a minimum, the name and business address of the approved provider, the name of the participant, the date of course completion, and a specific statement that the participant successfully completed the approved distracted driving avoidance course.

(6) The distracted driving avoidance curriculum must be approved by ODOT-TSO or its designee prior to program implementation. The provider must review, update, and submit to ODOT-TSO the content at least every three years from date approval or upon request by ODOT-TSO.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 22-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0040 Provider Applications

(1) On application for approval, a provider must submit the following:

(a) Application on a form supplied by ODOT-TSO;

(b) Curriculum materials, as identified in OAR 737-020-0030(1), (2), (3), and (4); and,

(2) A provider may not offer or begin a distracted driver avoidance course until the provider has been granted approved provider status by ODOT-TSO.

(3) Each approved provider must identify an individual from within the approved program to be the contact person with the Division ensuring that all approved course requirements are met.

(4) Incomplete applications will be returned to applicants by ODOT-TSO.

(5) If an application for approval is denied, the applicant is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500. ODOT-TSO may deny applications for failure to satisfy curriculum or program standards as described in these rules or for misrepresentations during the application process.

(6) Applications for renewal of approval are not required. Approved applicants will remain in approved status unless revoked or suspended by ODOT or unless the provider notifies ODOT-TSO that it will no longer provide distracted driving avoidance courses to the public.

(7) If a provider is revoked for any reason, in addition to following all of the steps of application as provided in 737-020-0040, the provider must also demonstrate that the issues that led to the revocation have been remediated.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 23-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0050 Provider Responsibilities

(1) Each approved provider must adopt written policies that include:

(a) Participant fees and refunds;

(b) Course failures and provision for repeat training by participants who failed to satisfy the course standards, if any;

(d) Methods to ensure the online course attendee is, in fact, the participant that is identified to receive the course.

(2) An approved provider must:

(a) Notify ODOT-TSO in writing within 10 business days if:

(A) There are changes to the point of contact identified on the application form, or any other provider contact information including but not limited to mailing address, business address, phone number, web address or email address; or,

(B) The provider no longer meets or maintains the requirements set forth in these rules.

(b) Comply with all statutes, administrative rules, and regulations related to an approved distracted driving avoidance course program provider;

(d) Respond to ODOT-TSO in writing, if requested, within 10 business days to any complaint forwarded by ODOT-TSO.

(e) Be responsible for all aspects of the program and is required to maintain required records.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 24-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0060 Code of Ethics and Rules of Conduct

(1) Each provider accepts the responsibilities and requirements of the driving education profession and must adhere to the highest ethical standards of professional conduct.

(2) To fulfill their obligations to the public and to ODOT-TSO, the provider must:

(a) Recognize that the instruction and training of participants is a position of trust;

(b) Exhibit competence and wisdom in conducting professional responsibilities;

(d) Maintain and uphold the highest educational standards possible for instructing and training participants.

(3) A provider may not engage in or knowingly allow any owner, administrator, manager, or employee of an approved provider to engage in any of the following:

(a) Assist or knowingly allow a participant to fraudulently obtain certification for which the participant is ineligible or has not qualified;

(b) Discriminate against a participant because of race, religion, national origin, size, disability, age, sex, or sexual orientation;

(c) Possess any intoxicant or unlawful controlled substance or be under the influence of any intoxicant while providing instruction to course participants; or

(d) Falsify any document or make a misrepresentation on an application, certification or any other record.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 25-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0070 Recordkeeping

(1) The approved provider must maintain the following records:

(a) A record for each participant who begins the provider’s distracted driving avoidance course, regardless of whether or not the participant completes an approved course, which includes at a minimum:

(A) The date of the course; and

(B) Whether or not the course was successfully completed.

(b) The distracted driving avoidance course curriculum currently in use; and

(2) Records must be retained for five years.

(3) Curriculum and instructional materials must be made available for review by ODOT-TSO on request.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 26-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0080 Provider Sanctions

(1) ODOT-TSO may impose sanctions when it determines a provider has violated any provision of Oregon Laws 2017, chapter 629, section 4 or administrative rules promulgated by ODOT-TSO.

(2) In determining an appropriate sanction, ODOT may consider the following criteria:

(a) The severity of the violation;

(b) The impact of the violation on participants;

(d) Whether the violation was willful or intentional; or

(e) The history of prior sanctions imposed by ODOT-TSO.

(3) ODOT-TSO may impose sanctions when it determines violations have occurred or are occurring. ODOT-TSO may issue any level of sanction it considers appropriate to the specific violation. Sanctions may include one or more of the following:

(a) Warning;

(b) Suspension from the approved list up to one year; or

(c) Revocation of approved status, removal from the approved list, and a prohibition on applying for approval for up to five years.

(4) Reasons that ODOT may sanction a provider include, but are not limited to, the following:

(a) Misrepresenting information to obtain or maintain approved provider status, regardless of when the misrepresentation is discovered:

(A) Misrepresenting the program or its delivery;

(B) Misrepresenting or failing to maintain eligibility requirements; or

(b) Knowingly making a false statement or representation to ODOT-TSO or an actual or prospective course participant for the purpose of obtaining benefit to the provider;

(d) Failing to correct deficiencies identified by ODOT-TSO, or to provide a complete response a Warning addressing each deficiency, within stated timelines;

(e) Failing to abide by any applicable OAR or ORS;

(f) Failing to submit required forms or information by the due date;

(g) Issuing a Completion Certificate to a participant who has not successfully completed the approved course, or failing to promptly issue a Completion Certificate to a qualified participant who has successfully completed the approved course; or

(h) Failing to update course curriculum at least every three years or when directed to do so by ODOT-TSO within a given time period.

(5) The provider may provide ODOT-TSO with evidence of any mitigating circumstances related to alleged rule violations, which may include the provider’s ability to comply or the degree of difficulty to comply.

(6) When ODOT-TSO takes action to suspend or revoke an approved provider ODOT-TSO will send notice to the approved provider. The notice will be in writing and state that the suspension or revocation will begin in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the current address on record with ODOT-TSO.

(7) If ODOT-TSO suspends or revokes a provider, individuals who owned, operated, or knowingly participated in the violations of the provider at the time of the act may not, for the full term of the suspension or revocation, own, operate or participate in an ODOT-TSO approved distracted driving avoidance course.

(8) A suspended or revoked provider may not schedule participants for distracted driving avoidance courses, accept course fees or conduct distracted driving avoidance courses for an ODOT-approved program for the full term of suspension or revocation.

(9) A suspended or revoked provider must issue course fee refunds to enrolled participants who are monetarily affected by the suspension or revocation.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 27-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Or. Admin. R. 737-020-0090 Appeal Process and Reinstatement

(1) Upon notification of suspension or revocation a provider is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(2) Except as provided for in section (3) of this rule, a request for a hearing must be submitted in writing to, and received by, ODOT-TSO within 20 business days of the date of the notice. If a hearing request is received in a timely manner the suspension or revocation may not go into effect pending the outcome of the hearing.

(3) Except as provided in OAR 137-003-0528, when no request for a hearing is received by the deadline, the approved provider has waived the right to a hearing, ODOT-TSO’s file must constitute the record of the case, and a default order must be issued by ODOT-TSO.

(4) If a provider approval has been revoked, the provider may apply again after the full term of revocation and must meet all the requirements for application approval under 737-020-0040.

(5) At the end of a suspension period, ODOT-TSO will reinstate the provider on the approved provider list upon verification that the provider has remedied any deficiencies and meets all the requirements for application approval.

History

Statutory/Other Authority: ORS 184.619, 811.507 & 811.508
Statutes/Other Implemented: OL 2017, ch 629 sec. 4
TSD 28-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018
TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018

Division 25 OREGON SAFE ROUTES TO SCHOOL FUND

Or. Admin. R. 737-025-0000 Purpose of the Rules

ORS 184.740 establishes the Safe Routes to School Fund to assist communities in identifying and reducing barriers and hazards to children walking or bicycling to and from school. The purpose of the rules in division 25 is to establish the criteria used in awarding grants from the Safe Routes to School Fund.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0010 Definitions and Acronyms

(1) “Applicant” means an entity that qualifies under OAR 737-025-0030 and OAR 737-025-0091.

(2) “Application” means the form, prescribed by ODOT, and all supplemental attachments, exhibits or other supporting papers.

(3) “Bicycling” includes, but is not limited to, use of bicycles.

(4) “Cash Match” means funds expended by the applicant that are reasonable, necessary and directly related to the construction project identified in the Application. Cash Match does not include In Kind Match, including education and outreach efforts at the school. Past ODOT Safe Routes to School grants are not eligible as a qualifying Cash Match and project expenditures can only be used as cash match once. Expenditures eligible as Cash Match may include Project expenditures made within 24 months prior to the application deadline and may be extended up to 120 months by the Safe Routes to School Advisory Committee when one or more of the below conditions apply:

(a) The school is located in a city with a population of 25,000 or fewer;

(b) The project reduces hazards within a Priority Safety Corridor; or

(5) “Education” means public-awareness and encouragement campaigns, outreach to press and community leaders, bicycle and pedestrian safety programs and activities, traffic education, training, and the evaluation of such activities.

(6) “Endorsement” means support and approval as required in OAR 737-025-0030.

(7) “Enforcement” means law enforcement operations and equipment relating to school zones, crosswalks, speed; crossing guard activities and supplies; and evaluation of such activities.

(8) “Engineering” means planning, design, construction, and evaluation of infrastructure-related projects.

(9) “In kind match” is time, services, or any other portion of the program or project not covered by grant funding or cash match provisions.

(10) “Infrastructure ” means public improvement to transportation facilities and systems. Examples include but are not limited to sidewalks, street crossings, and bicycle lanes.

(11) “Letter of support” means a letter from the governing body (or bodies) or the school or school district, stating their willingness to participate in the project, as well as their endorsement of the project.

(12) “Letter of Interest” means the preliminary letter, in a format prescribed by ODOT.

(13) “Non-infrastructure” means parts of Safe Routes to School program that is not public improvement to transportation facilities. Examples include but not limited to education, outreach, and training.

(14) “Non-Profit” means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code; or is organized not for profit, pursuant to ORS Chapter 65, or any predecessor of ORS Chapter 65: or is otherwise organized and operated under section 501(c) of the Internal Revenue Code.

(15) “OBPAC” means the Oregon Bicycle and Pedestrian Advisory Committee, the Governor-appointed committee that advises ODOT as defined in ORS 366.112.

(16) “ODOT” means the Oregon Department of Transportation and its divisions.

(17) “OTC” means the Oregon Transportation Commission, the Governor-appointed and legislatively confirmed committee that oversees ODOT as defined in ORS 184.612.

(18) “OTSC” means the Oregon Transportation Safety Committee, the Governor-appointed committee that advises ODOT as defined in ORS 802.300.

(19) “Priority Safety Corridor” is a project in an area with high-risk factors that are known to impact safety and have not been mitigated.

(a) A project qualifies where the project boundaries include the following high-risk safety conditions:

(A) Either the posted or 85th percentile speed is 40 miles per hour or greater; or

(B) Two or more of the following exist:

(i) Speed limit 30 miles per hour or greater;

(ii) More than two lanes or a crossing distance greater than 30 feet;

(iii) 12,000 or greater annual average daily traffic;

(b) Projects that do not meet these criteria may qualify for an exception if the applicant can demonstrate a significant safety risk through data or research. “Priority Safety Corridor” is separate and distinct from “Safety Corridor” defined in ORS 811.483 and is not a designation or certification made by ODOT, OTSC, or OTC.

(20) “Public School” means a public agency or school district defined in OAR 581-022-0102.

(21) “Qualifying School” is intended for education grants and means a public, private, parochial, charter or alternative educational program offering instruction at levels kindergarten through twelfth grade, or any part thereof.

(22) “Safe Routes to School Infrastructure Plan” means the plan developed to fulfill the requirements of ORS 195.115 and OAR 737-025-0094.

(23) “School district” means:

(a) A school district as defined in ORS 330.003.

(b) The Oregon School for the Deaf.

(d) A public charter school as defined in ORS 338.005.

(e) An education service district.

(24) “SRTS” means Safe Routes to School.

(25) “SRTS Fund” means the Safe Routes to School Fund established under ORS 184.740.

(26) “Title I School” means a school in which children from low income families, make up at least 40 percent of enrollment, as identified in a school report card issued by the Oregon Department of Education in accordance with Chapter I of Title I of the federal Elementary and Secondary Education Act of 1965.

(27) “Transportation safety committee” means:

(a) A local government advisory body charged with transportation safety; or

(b) If a local government body has not formed a transportation safety committee, a local non-profit, such as neighborhood association that specifically includes traffic or transportation safety in its charter or charge from one or more government bodies.

(28) “TSO” means the Transportation Safety Office within Driver and Motor Vehicle Services (DMV), a division of the Oregon Department of Transportation.

(29) “Walking” means use of human-powered forms of transportation, including, but not limited to travel to the destination by foot, scooter, skateboard, rollerblades, skates, use of wheelchairs or other mobility device.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 29-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 3-2020, amend filed 10/26/2020, effective 10/26/2020
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 2-2014, f. & cert. ef. 2-26-14
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0011 Safe Routes to School Program Purpose

The Oregon Safe Routes to School Program consists of two parts: construction and education. Both programs focus on efforts that improve safety conditions for children to walk or bicycle to school. These programs are intended to address safety risks, such as any one of the components of a Priority Safety Corridor, and other safety needs considering the unique perspectives and behavior of children who walk or bicycle. A comprehensive Safe Routes to School program is inclusive of both education and construction elements.

(1) Grant programs for Education projects are described in OAR 737-025-0012 through OAR 737-025-0080.

(a) Education efforts include outreach, encouragement, training, evaluation, enforcement, and education services that identify and reduce barriers and hazards to children walking or bicycling to and from school.

(b) Funding for the education projects may be provided by the Oregon Transportation Commission or, through other funding within the Safe Routes to School Fund (ORS 184.740) not subject to restrictions in Article IX, Section 3a of the Oregon Constitution.

(2) Grant programs for Construction projects are described in OAR 737-025-0012, 737-025-0020 and 737-025-0090 through 737-028-0094.

(a) Construction is the engineering element of Safe Routes to School. Efforts include the development, construction, reconstruction, repair, maintenance, or operational improvements of bikeways and walkways that reduce barriers and hazards to children walking or bicycling to and from school.

(b) Funding for construction projects that comes from money directed into the Safe Routes to School Fund (ORS 184.740) by Oregon Laws 2017, chapter 750, section 71a, must be used in accordance with the Oregon Constitution, Article IX, Section 3a, and projects must be built within the public road right of way. Other funding may be provided by the OTC, donations, or other sources and may have different funding restrictions.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 737-025-0012 Safe Routes to School Advisory Committee

A Safe Routes to School Advisory Committee is formed to guide the Safe Routes to School Construction and Education programs. The committee is advisory to the Oregon Department of Transportation (ODOT) and the Oregon Transportation Commission (OTC), in consultation with the Oregon Transportation Safety Committee (OTSC).

(1) The 10-15 member committee is composed of volunteer members representing interests including but not limited to: the OTSC, OBPAC, safe routes to school practitioners, school districts, eligible entities, and equity and safety representatives.

(2) Committee members are appointed by the ODOT Director.

(3) Committee members serve a four-year term and a maximum of two terms.

(4) The Committee is responsible for setting project selection criteria and making project selection recommendations. Project selection recommendations go to the OTC for construction projects in the Competitive Program, to the ODOT Director for Rapid Response Program, and to the OTSC prior to the OTC for education.

(5) The OTSC and OBPAC provide input on policy direction and guidance to the Safe Routes to School Advisory Committee.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 3-2020, amend filed 10/26/2020, effective 10/26/2020
TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 737-025-0020 Grant Application Procedure

(1) In January of odd-numbered years, ODOT will announce the schedules to submit grant applications for grants from the Safe Routes to School construction and education programs. Applications will not be accepted at times outside an announced application period. ODOT will make reasonable efforts to inform potential grant applicants of the grant schedule.

(2) A Letter of Interest may be required for specific grant cycles and must be submitted by the applicant and accepted by ODOT prior to an application.

(3) An applicant must complete an application in a format prescribed by ODOT and containing or accompanied by such information as ODOT may require within the prescribed time period.

(4) Applicants for projects that are not funded during an application period may reapply during a subsequent application period announced by ODOT.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0030 Who May Apply for Education Grants

Eligible applicants for SRTS Fund education grants include:

(1) A school district, or a qualifying school not represented by a school district, in cooperation with the governing body (or bodies) with jurisdiction over the affected roadways or properties. The school district, or qualifying school not represented by a school district, must submit letters of support from such governing bodies stating their participation and endorsement as applicable to the project.

(2) A city, county, state, regional government body, transit district or other unit of local government as defined by ORS 190.003, in cooperation with a school district or a qualifying school. The governing body must submit a letter of support from the qualifying school or affected school district stating its participation or endorsement as applicable to the project.

(3) A non-profit organization in partnership with a school district, qualifying school, or one of the governmental bodies identified in section (1) or (2) of this rule. The application must include appropriate letters of support from the affected governing bodies. Additionally, if the organization is not a school, the application must include a letter of support from the affected school district, if applicable, stating its participation or endorsement.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0040 Eligible Projects and Activities for Education Grants

Eligible Projects and Activities for Education Grants

(1) Grants awarded through the Safe Routes to School Education Program may be used for projects or activities in:

(a) Education;

(b) Enforcement;

(d) Any combination of the above.

(2) All projects and activities must directly benefit a qualifying school.

(3) All projects and activities must meet the eligibility criteria applicable and match requirements to the specific funds being dispensed.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0050 Grant Application Requirements for Education Grants

An eligible applicant applying for an education grant from the SRTS Fund must submit an application following ODOT specifications in 737-025-0020.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 30-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0070 Project Selection Criteria for Education Grants

The following criteria will be used to select projects to receive SRTS Fund grants:

(1) Technical Merit:

(a) Adherence to appropriate design standards or methodology if applicable.

(b) Appropriate scope of work in relation to identified needs.

(d) Efficient and cost-effective use of funds.

(2) Benefit:

(a) Potential to improve the ability of students to walk and bicycle to school.

(b) Potential to reduce or avoid child injuries and fatalities.

(3) Support and readiness:

(a) Support of the school district, if applicable, and governing body for the project as demonstrated by a letter of support and endorsement.

(b) Readiness to proceed with the project as demonstrated by a proposed start date, identification of other available funding, or other indicators as provided by the applicant.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0080 Project Selection and Awarding Education Grants

(1) TSO will review the applications to determine if:

(a) The applicant and the project are eligible for a SRTS Fund grant; and

(b) The project proposal complies with the appropriate standards or practices for the work described.

(2) The Safe Routes to School Advisory Committee will evaluate and rank eligible applications and submit funding recommendations to the OTSC.

(3) TSO staff will present SRAC funding recommendations for projects to the OTSC in order to award grants based on the criteria established in OAR 737-025-0070.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 31-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018
TSD 1-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 737-025-0090 Safe Routes to School Construction Grants Program Description

Funds shall be provided for grants that support biking walking and bicycling infrastructure safety improvement projects to and from schools.

(1) Project Identification Grant Program – up to 2.5 percent available funding shall go towards a project identification assistance grant that leads to the identification and eventual construction of projects that reduce barriers and hazards to children walking or bicycling to and from school, including but not limited to development of Safe Routes to School Infrastructure Plans described inOAR 737-025-0094.

(2) Rapid Response Grant Program – up to 10 percent of available funding shall go towards a rapid response grant program. The Rapid Response Grant Program runs between the Competitive Grant Program selection cycles.

(3) Competitive Grant Program – all remaining available funds shall be allocated to a competitive grant program, with a regularly reoccurring solicitation process.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 737-025-0091 Eligible Entities, Projects, and Activities for Construction Grants

(1) For the Rapid Response and Competitive Grant Programs:

(a) Eligible entities include: ODOT, cities, counties, transit district, tribes and any eligible road authority as defined under ORS 810.010.

(b) Eligible projects must:

(A) Be within a two - mile radius of a public school.

(B) Provide safety improvements that reduce barriers and hazards to children walking or bicycling to and from school, including but not limited to the safety improvement projects described in ORS 184.742(5).

(C) Fit within in a plan developed pursuant to ORS 195.115. Plans may include, but are not limited to, a Safe Route to School Infrastructure Plan (OAR 737-025-0094) , a Transportation System Plan, or other locally adopted plan.

(D) Be approved by the roadway authority (governing body).

(E) Include, in the application materials, a letter of support from the school district or impacted school.

(F) Provide a cash match as described in section (2) of this rule.

(2) Cash match:

(a) An eligible project must provide a cash match of at least 40 percent of the total project’s costs, except as provided in this section (2).

(b) For the Competitive Program the OTC may reduce the Cash Match requirement to at least 10.27percent of the total project’s costs when one of the following conditions apply , or may reduce the Cash Match to at least 0 percent if multiple conditions apply:

(i) The school is located in a city with a population of 25,000 or fewer;

(ii) The project reduces hazards within a Priority Safety Corridor; or

(iii) The school site qualifies as a Title I School.

(c) For the Rapid Response Program, the ODOT Director may reduce the Cash Match to at least 10.27 percent of the total project’s costs when one of the following conditions apply , or may reduce the Cash Match to at least 0 percent if multiple conditions apply:

(i) The school is located in a city with a population of 25,000 or fewer;

(ii) The project reduces hazards within a Priority Safety Corridor; or

(iii) The school site qualifies as a Title I School.

(d) A project built with funds received from a past ODOT Safe Routes to School grant may not be considered Cash Match and project expenditures can only be used as Cash Match once. The Safe Routes to School Advisory Committee may increase ability of applicants to claim project expenditures as Cash Match up to 120 months before the application is submitted when one or more of the following conditions apply:

(i) The school is located in a city with a population of 25,000 or fewer;

(ii) The project reduces hazards within a Priority Safety Corridor; or

(iii) The school site qualifies as a Title I School.

(3) For the Project Identification Grant Program:

(a) Eligible entities include ODOT.

(b) ODOT must provide a cash match of at least 40 percent. The OTC may reduce the match.

(c) ODOT or its consultants must use the grant award to provide technical assistance to cities, counties, tribes, school districts, or any public-funded agency in support of identifying infrastructure projects that reduce barriers and hazards of children walking or bicycling to school.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 3-2020, amend filed 10/26/2020, effective 10/26/2020
TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 737-025-0092 Project Selection Criteria for Construction Grants

(1) The following criteria will be used to select projects for the Construction Competitive Grant Program:

(a) Technical Merit:

(A) Conformance to plan developed pursuant to ORS 195.115, state land use laws and appropriate federal, state and local planning and programming requirements;

(B) Adherence to appropriate design standards of methodology;

(D) Ability to provide at least the minimum required cash match.

(b) Benefit:

(A) Potential to reduce or avoid child injuries and fatalities;

(B) Potential to improve the ability of students to walk and bicycle to school; and

(C) Potential to improve community outcomes, such as public safety (e.g., Priority Safety Corridor), equity (e.g., Title I schools), or livability.

(A) Proximity to a school;

(B) Relationship to ongoing or planned non-infrastructure work; and

(d) Support and Readiness:

(A) Support of the school district and governing body for the project as demonstrated by a letter of support and endorsement; and

(B) Readiness to proceed with the project as demonstrated by a proposed start date, identification of other available funding, or other indicators as provided by the applicant.

(2) The following criteria will be used to select projects for the construction Rapid Response Grant Program:

(a) All of the criteria for Competitive Program;

(b) A clear sense of urgency, including a compelling reason why the project cannot wait for the next selection cycle of the Competitive Grant Program, and why it was not submitted in the last cycle;

(d) Represents an immediate need or opportunity:

(A) An immediate “need” is considered a crash or several near-misses that have occurred within proximity to one another and a SRTS project is needed as soon as possible to address the safety problem.

(B) An immediate “opportunity” is considered a project that has started or is about to start where the project can exceed the minimum match requirement to significantly improve safety near a school.

(3) The OTC prioritizes projects within a two-mile radius of a public school that serves students in pre-kindergarten through grade 12 or any combination of those grade levels. The OTC will establish additional priorities from the project selection criteria each solicitation cycle.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 737-025-0093 Award of Construction Grants

(1) ODOT will review letters of intent and applications to determine if:

(a) The Applicant and the project are eligible for an infrastructure grant;

(b) The Applicant proposal complies with the appropriate standards or practices for the work described; and

(2) The Safe Routes to School Advisory Committee evaluates eligible applications and submits funding recommendations to the Oregon Transportation Commission for Competitive Program grants and to the ODOT Director for Rapid Response Program grants. When reviewing applications for Rapid Response and Project Identification Program grants, a sub-committee of SRTS Advisory Committee may convene to make recommendations about the application.

(3) The Safe Routes to School Advisory Committee or sub-committee recommendations are forwarded to the Oregon Transportation Commission for the Competitive Program grants and to the ODOT Director for the Rapid Response grants for consideration of approval of grants for funding.

(4) Project Awardees shall enter into a Grant Agreement with ODOT prior to release of any grant funds.

(5) Project Awardees are responsible for any cost overages that occur during project delivery.

History

Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742
Statutes/Other Implemented: ORS 184.741 & 184.742
TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024
TSD 32-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 3-2020, amend filed 10/26/2020, effective 10/26/2020
TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 737-025-0094 Safe Routes to School Infrastructure Plan

A Safe Routes to School Infrastructure Plan must:

(1) Identify existing conditions identified as physical barriers and hazards to children walking or bicycling to and from school.

(2) Prioritize the most critical infrastructure needs, projects, and priorities.

(3) Be a product of work by local interested parties that must include representation of the following groups (a single person may represent multiple groups):

(a) School Principal or designated school staff representative endorsed by the school district, if one exists;

(b) A parent who is a representative of or has the endorsement of a recognized school/parent organization, if one exists;

(d) Local transportation committee if one exists.

History

Statutory/Other Authority: ORS 184.619, ORS 184.740, ORS 184.741 & ORS 184.742
Statutes/Other Implemented: ORS 184.741 & ORS 184.742
TSD 1-2024, adopt filed 01/26/2024, effective 01/26/2024

Division 100 EMERGENCY VEHICLE DESIGNATION

Or. Admin. R. 737-100-0010 Definitions

(1) “Ambulance” is defined in ORS 682.025 and means the vehicle is currently licensed by Oregon Health Division.

(2) “Competent mechanic” means a person who:

(a) Is active at repairing vehicles of the type for which the designation is requested; and

(b) Receives a substantial part of their income by repairing vehicles.

(3) “Designated emergency vehicle” means a vehicle so designated, as allowed by ORS 801.260(3) and as specified in 737-100-0030.

(4) “Emergency” means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

(5) “ODOT Incident Response Vehicle” means a vehicle that is marked with external markings to identify the vehicle as an Oregon Department of Transportation Emergency or Incident Response vehicle.

(6) “Owner” means a person or firm who owns the vehicle, or their authorized representative.

History

Statutory/Other Authority: ORS 184.619, 801.260, 820.350 & 820.370
Statutes/Other Implemented: ORS 801.260, 815.230, 816.310, 820.350 & 820.370
TSO 1-2026, minor correction filed 03/16/2026, effective 03/16/2026
TSD 33-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 2-2011, f. & cert. ef. 2-18-11

Or. Admin. R. 737-100-0030 Designation of Emergency Vehicles

(1) This rule applies to vehicles designated as emergency vehicles by the Transportation Safety Office of the Department of Transportation (Transportation Safety) under the authority of ORS 801.260.

(2) An ambulance is considered an emergency vehicle.

(3) This rule does not apply to ODOT Emergency or Incident Response Vehicles or operators.

(4) Transportation Safety Office will consider issuance of an emergency vehicle designation upon receipt of:

(a) A written request from the owner, that details:

(A) A complete description of the vehicle. This includes year model, make, body style, identification number, and the Oregon plate number, if a plate is assigned;

(B) How the vehicle will be used in emergency situations;

(D) Any other data that shows special qualifications of the vehicle for emergency use. For example, it was manufactured as a fire truck, or, it has been specially converted or equipped with emergency supplies, life support equipment, etc.

(b) A map, detailing the actual area or routes where the vehicle will be used as an emergency vehicle;

(d) A written recommendation from the sheriff’s office of the county of registration of the vehicle; and

(e) Written recommendation(s) from all other law enforcement agencies in the area(s) in which the vehicle will be used as an emergency vehicle.

(5) Designated emergency vehicles shall be equipped with warning lights and sirens as required by ORS 801.260 that:

(a) Comply with Oregon law regarding types and usage, and with standards and requirements of Transportation Safety; and

(b) Are used only in emergency situations and as allowed by Oregon law.

(6) Designations that are approved shall be reviewed by Transportation Safety every two years to assure the vehicle and its usage still qualify for the designation. New data, as listed in section (3) of this rule, may be requested from the owner.

(7) Special traffic law privileges of ORS 820.300 and 820.320 apply to drivers of designated emergency vehicles:

(a) When the vehicle is actually being used in an emergency situation; and

(b) When the vehicle is operated in compliance with all traffic laws, including these special privileges.

(8) An emergency vehicle designation shall not be issued for law enforcement purposes.

(9) An emergency vehicle designation shall not authorize the vehicle to use blue warning lights.

(10) An emergency vehicle designation shall not be transferred to another vehicle. The owner may submit a written request that a replacement vehicle be designated. The request shall include:

(a) A description of both vehicles;

(b) A statement that there have been no changes in the emergency use of the vehicle; and

(11) An emergency vehicle designation issued under these rules may be cancelled when:

(a) The vehicle has been sold;

(b) The vehicle will no longer be used as an emergency vehicle or in the area specified in the owner’s request;

(c) A law enforcement agency requests cancellation due to abuse or violation of the designation or special traffic law privileges, or withdrawal of their favorable recommendation;

(d) A city, county or other governing body requests, and provides supporting data for cancellation;

(e) The vehicle is operated as an emergency vehicle other than as permitted by the designation;

(f) The vehicle is operated in violation of Oregon law; or

(g) There is no longer a need because adequate emergency services are now provided in the area.

History

Statutory/Other Authority: ORS 184.619, 801.260, 820.350 & 820.370
Statutes/Other Implemented: ORS 801.260, 815.230, 816.310, 820.300, 820.320, 820.350 & 820.370
Renumbered from 735-100-0030, TSD 2-2011, f. & cert. ef. 2-18-11
TSD 34-2021, minor correction filed 07/29/2021, effective 07/29/2021
MV 2-1987, f. & ef. 3-16-87

Or. Admin. R. 737-100-0040 Emergency Vehicle Designation for ODOT Incident Response Vehicles

(1) The Transportation Safety Office of the Oregon Department of Transportation adopts these requirements regarding Emergency Vehicle designation for ODOT Emergency or Incident Response Vehicles.

(2) Emergency Vehicle designation is assigned to the vehicle. Transportation Safety will consider issuance of an emergency vehicle designation to ODOT Emergency or Incident Response Vehicles upon receipt of a written request from the ODOT region manager or designee that details:

(a) A complete description of the vehicle. This includes year model, make, body style, gross vehicle weight rating (GVWR), vehicle identification number, fleet identification number and the Oregon E-plate number;

(b) How the vehicle will be used in emergency situations;

(c) The region and district, staging location, name and working title of the individual that the vehicle is assigned to; and

(d) The explicit need for this type of emergency vehicle in the area where it will be used.

(3) ODOT Incident response vehicles shall be marked with external markings that identify the vehicle as an ODOT Emergency or Incident Response vehicle.

(4) Designated emergency vehicles shall be equipped with warning lights and sirens as required by ORS 801.260 that:

(a) Comply with Oregon law regarding types and usage, and with standards and requirements of Transportation Safety; and

(b) Are used only in emergency situations and as allowed by Oregon law.

(5) Designations that are approved shall be reviewed by Transportation Safety every two years to assure the vehicle and its usage still qualify for the designation. New data, as listed in section (2) of this rule, may be requested from the region manager or designee.

(6) ODOT Emergency Vehicle designation may be cancelled when:

(a) The vehicle has been sold or transferred;

(b) The vehicle will no longer be used as an emergency vehicle or in the area specified in the request;

(c) There is no longer a need, because adequate emergency services are now provided in the area. Need will be determined by the ODOT State Maintenance & Operations Engineer.

History

Statutory/Other Authority: ORS 184.619, 801.260, 820.350 & 820.370
Statutes/Other Implemented: ORS 801.260, 815.230, 816.310, 820.350 & 820.370
TSD 35-2021, minor correction filed 07/29/2021, effective 07/29/2021
TSD 2-2011, f. & cert. ef. 2-18-11

OAR Chapter 737 — Department of Transportation, Transportation Safety Office

Division 10 VEHICLE EQUIPMENT AND SAFETY STANDARDS

Or. Admin. R. 737-010-0000 Definitions Relating to Low-Speed Vehicles and Medium-Speed Electric Vehicles

Or. Admin. R. 737-010-0005 Enclosed Cab for Three-Wheeled Vehicle Defined

Or. Admin. R. 737-010-0010 Minimum Safety Standards for Low-Speed Vehicles

Or. Admin. R. 737-010-0020 Minimum Safety Standards for Medium-Speed Electric Vehicles

Division 15 TRAFFIC SAFETY EDUCATION

Or. Admin. R. 737-015-0010 Purpose

Or. Admin. R. 737-015-0020 Definitions

Or. Admin. R. 737-015-0030 Curriculum Requirements

Or. Admin. R. 737-015-0035 Adaptive Strategies for Underserved Areas

Or. Admin. R. 737-015-0050 Instructional Materials and Equipment

Or. Admin. R. 737-015-0060 Use of Driving Simulators

Or. Admin. R. 737-015-0070 Qualifications of an Approved ODOT-TSO Traffic Safety Education Instructor

Or. Admin. R. 737-015-0074 Instructor Responsibilities

Or. Admin. R. 737-015-0076 Provider Responsibilities

Or. Admin. R. 737-015-0085 Code of Ethics and Rules of Conduct

Or. Admin. R. 737-015-0090 Recordkeeping

Or. Admin. R. 737-015-0095 Electronic Driver Education Entry

Or. Admin. R. 737-015-0100 Subsidy for Approved Courses

Or. Admin. R. 737-015-0105 Income-Based Subsidy for Approved Courses

Or. Admin. R. 737-015-0110 Inspection and Investigation

Or. Admin. R. 737-015-0120 Provider and Instructor Sanctions

Or. Admin. R. 737-015-0130 Appeal Process and Reinstatement

Division 20 DISTRACTED DRIVING AVOIDANCE COURSE

Or. Admin. R. 737-020-0010 Purpose

Or. Admin. R. 737-020-0020 Definitions

Or. Admin. R. 737-020-0030 Curriculum and Completion Requirements

Or. Admin. R. 737-020-0040 Provider Applications

Or. Admin. R. 737-020-0050 Provider Responsibilities

Or. Admin. R. 737-020-0060 Code of Ethics and Rules of Conduct

Or. Admin. R. 737-020-0070 Recordkeeping

Or. Admin. R. 737-020-0080 Provider Sanctions

Or. Admin. R. 737-020-0090 Appeal Process and Reinstatement

Division 25 OREGON SAFE ROUTES TO SCHOOL FUND

Or. Admin. R. 737-025-0000 Purpose of the Rules

Or. Admin. R. 737-025-0010 Definitions and Acronyms

Or. Admin. R. 737-025-0011 Safe Routes to School Program Purpose

Or. Admin. R. 737-025-0012 Safe Routes to School Advisory Committee

Or. Admin. R. 737-025-0020 Grant Application Procedure

Or. Admin. R. 737-025-0030 Who May Apply for Education Grants

Or. Admin. R. 737-025-0040 Eligible Projects and Activities for Education Grants

Or. Admin. R. 737-025-0050 Grant Application Requirements for Education Grants

Or. Admin. R. 737-025-0070 Project Selection Criteria for Education Grants

Or. Admin. R. 737-025-0080 Project Selection and Awarding Education Grants

Or. Admin. R. 737-025-0090 Safe Routes to School Construction Grants Program Description

Or. Admin. R. 737-025-0091 Eligible Entities, Projects, and Activities for Construction Grants

Or. Admin. R. 737-025-0092 Project Selection Criteria for Construction Grants

Or. Admin. R. 737-025-0093 Award of Construction Grants

Or. Admin. R. 737-025-0094 Safe Routes to School Infrastructure Plan

Division 100 EMERGENCY VEHICLE DESIGNATION

Or. Admin. R. 737-100-0010 Definitions

Or. Admin. R. 737-100-0030 Designation of Emergency Vehicles

Or. Admin. R. 737-100-0040 Emergency Vehicle Designation for ODOT Incident Response Vehicles

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