Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
304.13-063
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
304.13-063(1) requires that
standards for a "motor vehicle accident prevention course" be set by the
Transportation Cabinet, and furthermore, requires that such course include a
minimum number of hours of either classroom and/or field driving instruction.
This administrative regulation is necessary to set standards for the motor
vehicle accident prevention course.
Section
1. Definition. "Course" or "motor vehicle accident prevention
course" means a course, approved by the Transportation Cabinet pursuant to
KRS
304.13-063, that shall be open to any
licensed driver of this state who is fifty-five (55) years of age or older for
the purpose of qualifying for an insurance premium reduction.
Section 2. No person shall offer, conduct or
engage in the business of offering or conducting a motor vehicle accident
prevention course pursuant to
KRS
304.13-063 without obtaining the prior
approval of the Transportation Cabinet pursuant to the provisions of this
administrative regulation. A person shall file an application for approval of a
course with the Transportation Cabinet; and the application shall be on the
form furnished by the Transportation Cabinet and shall contain the information
required by the Transportation Cabinet. Said application forms can be obtained
from the Transportation Cabinet, Division of Driver Licensing, State Office
Building, 2nd Floor, Frankfort, Kentucky 40622.
Section 3. The completed application shall be
accompanied by the following:
(1) A copy of
the proposed motor vehicle prevention course materials, curriculum, and
promotional documents;
(2) The
name, address, and Social Security number of each instructor who shall conduct
the course; and
(3) A copy of the
manual and course materials for the instructor's preparation course.
Section 4. In the event the course
application is approved, the course approval shall be valid for not more than a
two (2) year period. Any person who has obtained approval for a course shall
comply with the following requirements:
(1)
Apply to the Transportation Cabinet for approval if there are any proposed
additions or deletions to a previously approved course or its
curriculum;
(2) Perform all
necessary administrative functions in connection with the course;
(3) Obtain approval from the Transportation
Cabinet of the form of the certificate which shall be issued upon course
completion as specified in subsection (4) of this section;
(4) Provide each participant satisfactorily
completing the course with an approved certificate of course
completion;
(5) Maintain records
which indicate the name, address, Social Security number and date of course of
those individuals who have completed the course within the previous three (3)
years;
(6) Provide and train
instructors to conduct courses;
(7)
Conduct the course in accordance with the description and curriculum approved
by the Transportation Cabinet;
(8)
Provide the Transportation Cabinet with a schedule of class dates, times, and
locations; and
(9) Authorize and
permit the Transportation Cabinet to audit the records of the approved course
and to monitor and evaluate any and all portions of the course including but
not limited to the classroom facility, field driving, the use of the
instructional materials, the qualifications of instructors and the actual
presentation of the course.
Section
5. No course shall be approved unless the course shall have a
minimum of four (4) hours of classroom or field driving instruction; and the
curriculum of the course shall at least include but shall not be limited to the
following subject matters:
(1) Concept of
accident preventability including a discussion of the magnitude of traffic
accident problems;
(2) Techniques
for defensive driving and handling critical situations, including but not
limited to:
(a) Interpreting events that
require evasive action;
(b)
Determining the appropriate response to situations caused by mechanical failure
of the motor vehicle;
(c)
Determining risk factors created by a variety of psychological, social, and
physical factors that can facilitate or inhibit the functions required in
driving, including but not limited to:
1. The
effects and compensatory measures concerning the relationships between alcohol,
drugs, or medication and driving performances;
2. The negative stresses and compensatory
measures associated with physical, mental, and social conditions as they relate
to driver performances; and
3. The
age-related physical changes of drivers fifty-five (55) years of age and
older.
(3)
Kentucky traffic laws and regulations, vehicle dynamics, capabilities,
limitations, and highway environmental factors including but not limited to:
(a) Traffic laws and regulations, such as
signs, signals, markings, right-of-way requirements, and speed;
(b) Vehicle capabilities, such as stopping
distances and passing abilities; and
(c) Highway settings, operating environments
and adverse conditions, including but not limited to conditions affected by
illumination, obstructions, or the weather, such as snow, ice, or
rain.
Section
6. The certified agency may charge a reasonable fee for the
course. The Transportation Cabinet may require an audit by an independent firm
of the fees collected and expenditure of those fees.
Section 7. Upon written notice the
Transportation Cabinet may rescind and cancel the certification of approval of
any agency conducting the course prior to the two (2) year time period
established by Section 4 of this administrative regulation for good cause,
including but not limited to any of the following reasons:
(1) Deletions or additions have been made to
the curriculum which have not been specifically approved by the Transportation
Cabinet;
(2) The person or any
instructor has failed to comply with any of the provisions of this
regulation.
STATUTORY AUTHORITY:
KRS
304.13-063(5)
