Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
45A.365,
186.018,
186.410,
186.535,
186.574,
189A.010(2),
189A.410,
332.204,
332.206,
332.210
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
186.400(1) authorizes the
Transportation Cabinet to promulgate administrative regulations regarding the
licensing of a motor vehicle operator.
KRS
186.574 requires the Transportation Cabinet
to promulgate administrative regulations regarding the supervision and
operation of state traffic schools for new drivers and traffic offenders. This
administrative regulation establishes the minimum standards for a new driver
state traffic school. This administrative regulation also designates those
persons eligible for a new driver education program, establishes the
application and approval procedures to teach the program for private driving
schools, and establishes the method of notification to the cabinet of
completion of the program.
Section 1.
State Traffic School.
(1) The Transportation
Cabinet shall establish a separate curriculum and class for the new driver
state traffic school, or graduated driver licensing education, and the traffic
offender state traffic school.
(2)
The Transportation Cabinet shall select instructors and secure classroom
locations for the state traffic schools established in
KRS
186.574(1).
(3) The Transportation Cabinet shall conduct
at least two (2) new driver state traffic schools in each Kentucky county
during each calendar year.
(4) A
person eligible for new driver state traffic school may:
(a) Attend class in a classroom setting free
of charge as established in
KRS
186.410(4)(c); or
(b) Attend class by accessing a
cabinet-approved traffic school Web site.
(5) The traffic school Web site shall be
offered by a vendor selected by the cabinet pursuant to the competitive bidding
process established in
KRS
45A.365.
(6) A vendor shall charge a convenience fee
for the use of the vendor's on-line driver education course.
Section 2. High School Driver
Education Course. If a high school in Kentucky offers a driver education course
for credit to its students, the school shall notify the Transportation Cabinet
of a student who receives credit for successfully completing the course. The
notice shall contain the following information:
(1) Student's name;
(2) Student's Social Security or operator's
license number;
(3) School
district;
(4) Name of high
school;
(5) Copy of the
certification of course completion and credit given;
(6) Date of course completion; and
(7) Name and telephone number of person at
school to contact.
Section
3.Licensed Driver Training Schools.
(1) A driver training school licensed
pursuant to
KRS
332.204 shall apply to the Transportation
Cabinet for approval to conduct a driver training program if the driver
training school:
(a) Has been licensed for
the prior two (2) calendar years;
(b) Is operated by a person with a driver
education teaching certification from the Kentucky Department of Education who
has taught driver education pursuant to that endorsement for a minimum of two
(2) years;
(c) Is operated by a
person who has taught driver education at a school approved as established in
KRS
332.204 for a minimum of five (5)
years;
(d) Has at least twenty (20)
office hours each week routinely staffed by a person familiar with the school's
curriculum and requirements; or
(e)
Uses a curriculum that meets the requirements of Section 4(6) of this
administrative regulation.
(2) The applicant shall submit the following
to the Transportation Cabinet, Division of Driver Licensing:
(a) A detailed copy of the curriculum used,
including a copy of handouts and audio or video material;
(b) The resume of each instructor proposed to
teach the course;
(c) The business
address, telephone number, and office hours;
(d) A copy of the certificate issued pursuant
to
KRS 332.206;
and
(e) A fee of $300 as
established in
KRS
332.204(2) to pay for the
initial evaluation of the application.
Section 4. Class Requirements.
(1) A class offered pursuant to
KRS
186.410(4)(b) or (c) in a
classroom setting shall be limited to a maximum of fifty (50)
students.
(2) A class shall contain
a minimum of four (4) hours of highway safety training that shall include an
administrative activity related to the class.
(3)
(a) A
Transportation Cabinet approved preclass and postclass test shall be
administered to students and the results tabulated for each class
taught.
(b) The results and the
attendance roster shall be submitted to the Transportation Cabinet, Division of
Driver Licensing.
(4)
The school shall notify the Transportation Cabinet of a student who
successfully completes the course. The notice shall contain the following
information:
(a) Student's name;
(b) Student's Social Security or operator's
license number;
(c) Name of
school;
(d) Date of course
completion;
(e) Course instructor;
and
(f) The name and telephone
number of a person at school to contact.
(5) The curriculum taught to each class shall
consist of the following:
(a) A section on the
dangers of alcohol and drugs that shall last for a minimum of forty-five (45)
minutes and include:
1. Information about
Kentucky's "Under 21" license and implied consent law;
2. Types of substances that impair driving
ability;
3. Blood alcohol content
and the presumptive levels established in
KRS
189A.010(2);
4. Legal, monetary, and social sanctions or
penalties for the conviction of a violation of
KRS
189A.010(1);
5. Restricted criteria for obtaining a
hardship license as established in
KRS
189A.410;
6. Psychological and physiological effects of
alcohol consumption;
7. The
penalties in foreign countries for operating a motor vehicle under the
influence of alcohol; and
8.
National and state statistics related to alcohol or drug use while operating a
motor vehicle;
(b) A
section on defensive and perceptive driving that shall last for a minimum of
forty-five (45) minutes and include:
1. Traits
of safe drivers;
2. Mental skills
needed for safe driving;
3. The
"Scan Identify Predict Decide Execute" (SIPDE) approach to perceptive
driving;
4. Driving emergencies
including:
a. Brake or tire failure;
b. Skidding;
c. Stuck accelerator; and
d. Running off the
roadway;
5. Information
on crash-producing locations or situations; and
6. Information on seatbelt usage that shall
last a minimum of thirty (30) minutes and include:
a. Kentucky's seatbelt law;
b. Kentucky's child restraint law;
c. Information on vehicle airbags;
and
d. The number of fatalities
and injuries in crashes from not wearing seatbelts;
(c) Driver behavior training that
shall last for a minimum of forty-five (45) minutes and include:
1. Information on the physical, social, and
mental skills required by driving;
2. Personality changes that occur while
driving;
3. How driving behaviors
and reaction are related to attitude;
4. Need for and importance of self-control
while driving; and
5. National,
state, and local statistics on vehicle crashes; and
(d) A presentation for a minimum of thirty
(30) minutes on the rules of the road that shall include:
1. The purpose and significance of the
Graduated Driver Licensing Program;
2. The role of the Division of Driver
Licensing in maintaining driving records;
3. The content of driving records available
to insurance companies;
4.
Recognition of the need for and purpose of traffic laws;
5. The most commonly violated traffic
laws;
6. Speeding as a major
contributing factor in vehicle crashes; and
7. Sanctions or penalties assessed for
violating traffic laws.
Section 5. Instructor Requirements.
(1) An instructor employed to teach the
driver education class shall:
(a) Be at least
twenty-one (21) years of age;
(b)
Have a four (4) year college degree. Experience as a professional driver
education instructor may substitute year for year for the college
education;
(c) Not have been
convicted of a felony;
(d) Not have
been convicted of a violation of
KRS
189A.010 or its equivalent from another
jurisdiction;
(e) Not have been
convicted or administratively found guilty of refusing to submit to a test to
determine blood alcohol content or drugs in system;
(f) Have fewer than six (6) penalty points as
established in
601 KAR 13:025 on
his or her driving history record;
(g) Not have had his or her driving privilege
withdrawn in the past five (5) years; and
(h) Have good communication skills as
demonstrated during an interview.
(2) The approved school shall review the
driving history record of an instructor annually.
Section 6. Evaluations.
(1) The Transportation Cabinet shall perform
a random or routine performance audit of an approved school or its
instructor.
(2) A school shall be
notified in writing of a deficiency discovered in an audit. The deficiency
shall be corrected prior to its next scheduled class or the school's approval
shall be withdrawn by the Transportation Cabinet.
(3) The license of a driver training school
or instructor shall be suspended or revoked as established in
KRS
332.210.
(4) A representative from the Transportation
Cabinet may monitor, without cost, a class taught by the driver training
school.
STATUTORY AUTHORITY:
KRS
186.400(1),
186.574(3)