Or. Admin. Code § 581-053-0320

Current through Register Vol. 63, No. 12, December 1, 2024

Section 581-053-0320 - Type 10 Driver Training and Approval

Oregon Department of Education shall approve a type 10 driver who:

(1) Is at least 18 years of age;

(2) Possesses a valid driver license or commercial driver license;

(3) Is not disqualified based on driving or criminal record as required in OAR 581-053-0050;

(4) Receives emergency procedure and evacuation training, vehicle pretrip inspection training and all other training as determined necessary by the transportation entity;

(5) Submits an application for type 10 driver approval signed by a supervisor certifying:

(a) The employer will immediately notify ODE if the employer learns of any changes to the applicant's driving and criminal records that could disqualify them from driving under OAR 581-053-0050 and ensure that the driver complies with all applicable OARs;

(b) The applicant will be trained in first aid within 120 days of ODE approval. The applicant shall remain trained in first aid to maintain approval with ODE.

(6) A type 10 driver may use a type 10 vehicle for a regular home to school route if:

(a) The applicant meets all minimum requirements for a type 10 driver listed in this rule;

(b) The applicant demonstrates the knowledge and ability to operate a type 10 vehicle safely and to perform related duties; and

(c) The applicant has passed a driving skills test and written knowledge test of laws and regulations if the applicant will be transporting students from home to school.

(7) ODE shall maintain a list of approved drivers for each school district. The approved driver list will be sent to each transportation entity twice a year, and shall be made available on request.

(8) Occasional/emergency use provision - A person who does not currently meet the driver requirements for a type 10 vehicle may be used on an occasional/emergency basis if such driver:

(a) Is judged competent by the local supervisor;

(b) Possesses a valid driver license or commercial driver license;

(c) Does not operate vehicles under this provision more than three days in any given fiscal year (July 1 to June 30); and

(d) Is not transporting students to and from school on regularly scheduled routes.

(9) ODE may issue a certificate for a Type 10 driver to provide transportation for multiple transportation entities if an application is made by a transportation entity that will serve as sponsor for the certificate and maintain records of required training and testing of such a driver. Type 10 certificates shall expire two years after the date issued by ODE.

(10) Type 10 certificates shall be immediately invalid if:

(a) The driver fails to maintain first aid certification after the initial 120 day period; or

(b) The transportation entity notifies ODE that the driver is no longer employed with the entity or is no longer performing duties related to type 10 driving, and the entity is no longer ensuring the driver's compliance with applicable OARs.

Or. Admin. Code § 581-053-0320

ODE 19-2012, f. & cert. ef. 6-14-12; ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024

Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120

Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120