DMV will regulate a person certified as a rehabilitation training specialist as well as the training program that the specialist provides to persons issued a special limited vision condition learner’s permit.

1. (1) DMV may, without prior notice, send a representative to observe any part of the training given by a specialist to a person with a limited vision condition who uses a bioptic telescopic lens. If DMV determines that the training provided does not meet the requirements of OAR 735-062-0330 DMV may:

   1. (a) Issue a written warning describing areas that must be improved within 30 days or the rehabilitation training specialist certificate will be suspended until improvement is made; or
   2. (b) Require the person to attend more training on the usage of bioptic telescopic lens for driving, within three months, in order to retain the rehabilitation training specialist certificate.
2. (2) The specialist must provide records to the school for a driver with telescopic lens to be retained as required for any other student of the commercial driver training school or educational facility.

3. (3) A specialist must not provide behind-the-wheel training to the person with a limited vision condition until the person’s special limited vision condition learner’s permit is received. A failure to comply with the restriction of the special limited vision condition learner’s permit will result in the sanctioning of the rehabilitation training specialist certificate as follows:

   1. (a) A 30-day suspension for the first offense;
   2. (b) A 60-day suspension for the second offense within a three year period; and
   3. (c) Cancellation for the third offense within a three year period.

4. (4) Failure to comply with OAR 735-062-0320(6), 735-062-0350(5), or 735-062-0360(2) will result in:

   1. (a) For a first offense a written warning;
   2. (b) For a second offense a suspension of the rehabilitation specialist certificate for five days;
   3. (c) For a third offense a suspension of the rehabilitation driver training specialist certificate for 30 days.
5. (5) If a limited vision condition applicant is unable to pass a DMV drive test in two attempts, DMV may question the validity of the Certificate of Competency issued by the specialist. DMV may require the specialist to accompany the applicant and a DMV representative on a drive. If the applicant clearly does not demonstrate driving ability to be issued a Certificate of Competency as described in OAR 735-062-0370, DMV may suspend the rehabilitation specialist certificate until the specialist can show that he or she has attended additional specific instruction in the training of limited vision condition drivers using a bioptic telescopic lens deemed acceptable by DMV or the emphasis of the training has changed to properly train a limited vision condition driver.

Statutory/Other Authority

ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003

Statutes/Other Implemented

Ch. 277 & OL 2003

History

DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04