75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 455
 
                         House Bill 2233
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Increases bond requirement for issuance or renewal of
commercial driver training school certificate.
  Increases insurance coverage required for applicant or holder
of commercial driver training school certificate.
  Eliminates insurance coverage requirement for commercial driver
training school that provides only classroom training.
 
                        A BILL FOR AN ACT
Relating to commercial driver training; amending ORS 822.505 and
  822.510.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 822.505 is amended to read:
  822.505. (1) A bond required under ORS 822.515 for issuance or
renewal of a commercial driver training school certificate must
comply with all of the following:
  (a) The bond shall have a corporate surety licensed to do
business within this state.
  (b) The bond shall be executed to the State of Oregon.
  (c) The bond shall be in the sum of   { - $2,500 - }  { +
$10,000 + }.
  (d) The bond shall be approved as to form by the Attorney
General.
  (e) The bond must be conditioned that the person issued the
certificate shall conduct business as a commercial driver
training school without fraudulent representation and without
violation of any rules adopted by the Department of
Transportation under ORS 822.515.
  (f) The bond must be filed and held in the office of the
department.
  (2) Any person shall have a right of action against a
commercial driver training school and against the surety on the
bond of the school in the person's own name if the person suffers
any loss or damage by reason of the school's fraudulent
representations or violation of rules adopted by the department
under ORS 822.515.
  (3) If the certificate of a school is not renewed or is revoked
or canceled, the sureties on the bond shall be relieved from
liability accruing subsequent to cancellation or revocation by
the department.
  SECTION 2. ORS 822.510 is amended to read:
  822.510.  { + Except as provided in subsection (3) of this
section, + } an applicant or holder of a commercial driver
training school certificate may maintain proof of insurance
required under ORS 822.515 for issuance or renewal of the
certificate by complying with any of the following:
  (1) The school may file a certificate of insurance with the
Department of Transportation that complies with all of the
following:
  (a) The insurance must be issued to the school.
  (b) The insurance must be issued by an insurance company
authorized to do business in this state.
  (c) The insurance must show that the insured has procured and
has in effect a motor vehicle liability policy that provides at
least the following coverage:
  (A)   { - $50,000 - }  { +  $100,000 + } because of bodily
injury to or death of one person in any one accident;
  (B) Subject to the limit for one person,   { - $100,000 - }
 { +  $300,000 + } because of bodily injury to or death of two or
more persons in any one accident; and
  (C)   { - $25,000 - }  { +  $50,000 + } because of injury to or
destruction of the property of others in any one accident.
  (d) The policy shall designate by explicit description or by
appropriate reference all motor vehicles with respect to which
coverage is granted.
  (e) The policy shall insure any and all persons using any motor
vehicle owned or operated by the school with the consent of the
school against loss from the liabilities imposed by law for
damages arising out of the operation, use or maintenance of the
motor vehicle.
  (2) The school may obtain a valid certificate of self-insurance
from the department.
   { +  (3) An applicant or holder of a commercial driver
training school certificate does not need to submit proof of
insurance required under ORS 822.515 for issuance or renewal of
the certificate if the applicant or holder of the certificate
conducts only classroom instruction. + }
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