Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) To request approval of a Traffic Violator
School (TVS) Operator Educational Training Program, an applicant shall submit a
Request for Approval of TVS Operator Educational Training Program, form OL 765
(Rev. 1/2011), which is hereby incorporated by reference. The application shall
be submitted with program materials specified in this section based on the
modality of instruction (classroom, home study, or internet) of the program
being submitted for approval.
(1) Separate
approval shall be required for each modality of the TVS operator
training.
(2) The program provider
shall indicate which educational program the submitted course material will be
used (eight hour, four hour or both).
(b) The content of an educational program, as
provided in Vehicle Code section 11202.5(a)(4), must be submitted to and
approved by the department.
(1) An
educational program shall adequately cover the following subject matter:
(A) Subject material required by the
department for a Traffic Violator School program
(B) Effective methods and techniques of
teaching
(C) Americans with
Disabilities Act (ADA) requirements (beginning with
42 U.S.C. Sec.
12101).
(D) Recordkeeping and document retention
requirements
(E) Responsibilities
of a TVS instructor
(F)
Responsibilities of a TVS operator
(G) TVS statutes and regulations
(H) Office procedures
(I) Techniques for student
participation
(J) Departmental
actions, penalties and the appeal process
(2) The educational program provider shall be
responsible for revising their approved course material as necessary to ensure
that all required subject areas presented reflect substantial ongoing changes
in relevant statutes, regulations or other requirements.
(A) A substantial change to the course
material of an approved program must be authorized in writing by the department
prior to presenting it in an approved program.
(3) An educational program provider shall
receive a letter of approval or disapproval from the department when a proposed
course or a proposed change to a previously approved course is submitted by a
program provider.
(A) An approved course shall
be assigned a unique certification number.
(B) When the department disapproves course
material submitted, the department shall notify the program provider of all
deficiencies.
(C) An educational
program approved by the department shall be approved as long as the program
continues to meet all program requirements as described in this article and in
Vehicle Code section 11202.5(a)(4).
(4) An educational program shall contain a
final examination consisting of:
(A) A sixty
minute, 50 question test for the eight hour educational program.
(B) A thirty minute, 25 question test for the
four hour educational program.
(C)
The final examination time may be included in the course time
requirement.
(5) All TVS
operator educational programs shall comply with the established requirements of
the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. Sec. 12101,
et seq.), as applicable.
(c) Additional submission requirements for a
classroom program include documentation of the following:
(1) A lesson plan for a TVS operator
educational program shall include:
(A) A
table of contents, sequentially numbered lines on each page and sequentially
numbered pages.
(B) A time schedule
that specifies the time allotted to cover each subject area, break periods and
administrative activities.
(C) A
minimum of three final examination tests.
(d) Additional submission requirements for a
home study program include documentation of the following:
(1) A sample of the workbook and all other
course material used for instruction.
(2) A minimum of three copyright protected
final examinations shall be submitted.
(3) The program shall comply with the
established requirements of the Americans with Disabilities Act of 1990
(ADA)(42 U.S.C. Sec.
12101, et seq.), as applicable. Such
consideration may include but is not limited to captioning for verbal
instruction, and larger text for written material.
(e) Additional submission requirements for an
internet program include documentation of the following:
(1) Sequentially numbered screen prints of
the lesson presentation.
(2) The
website shall provide a web link, email address and telephone number that
provide support for program and course related problems and
questions.
(3) A printed list of
all final examination questions.
(A) The final
examination questions shall be offered after the lesson and after:
1. At least 420 minutes have elapsed for the
eight hour educational program.
2.
At least 210 minutes have elapsed for the four hour educational
program.
(B) The final
examination questions shall be randomized.
(C) The final examination shall continue
until the allotted time has elapsed or all questions have been answered.
Students may refer back to course material and the examination may be
paused.
(4) The course
website shall be secure and password protected.
(5) A user identification and password to
access the course material for department approval and periodic
review.
(6) The program shall
comply with the established requirements of the Americans with Disabilities Act
of 1990 (ADA)(42 U.S.C. Sec.
12101, et seq.), as applicable. Such
consideration may include but is not limited to software written to allow or
incorporate voice recognition software, captions for verbal instruction, and an
ability to enlarge text size.
(f) The following department legal statement
and disclosure shall be placed at the beginning of the course instruction for a
home study and internet course:
"California Department of Motor Vehicles Legal
Notice and Disclaimer:
The California Department of Motor Vehicles (DMV)
recognizes the right of private enterprises to advertise and distribute
information related to their business functions. DMV promotes the free exchange
of information, ideas and opinions, except when the content may invade personal
privacy, violate property rights, constitute libel, or be a violation of any
applicable federal, state or local laws.
While this lesson plan content may have been approved by
DMV, the distribution, advertising, and other information provided by this
vendor is not guaranteed by DMV nor does it represent the views of the
department.
You are advised that DMV, unless statutorily required,
has no continuing obligation to provide information to an approved course
website or printed publication.
DMV assumes no responsibility for erroneous, incomplete,
or out-of-date information. The user should contact the provider and/or DMV to
ensure that the information herein is current and accurate. All warranties of
any kind, including but not limited to the IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination
by computer viruses and non-infringement of proprietary rights ARE
DISCLAIMED.
You are advised that DMV is not responsible for the
content of any off-site web pages referenced from or to an approved course
website or home-study publication. In addition, DMV and the State of California
are not responsible for the content of files that are uploaded for
inclusion.
The user should not rely on the presentation of statutes
or regulations referenced in an approved website or printed publication, but
should consult the actual text of law. Legal requirements frequently change and
the user may wish to seek the advice of counsel. If you find any errors,
omission or have a complaint regarding the educational content, we encourage
you to report them to the education provider. In the event the issue is not
resolved to your satisfaction, call the department at (916)
229-3154."
1. New
subject heading and section filed with OAL 8-30-2011; filed by OAL with the
Secretary of State 10-7-2011; operative 9-1-2011 pursuant to Vehicle Code
section 11200(c) (Register 2011, No. 40).
Note: Authority cited: Sections 1651 and 11202.5,
Vehicle Code. Reference: Sections 11200, 11202.5 and 11204, Vehicle Code;
Americans with Disabilities Act of 1990 (42 U.S.C., Sec.
12101, et
seq.).
