Current through September 17, 2024
003.01
General Requirements. Any school, business, or organization which
wishes to provide a motorcycle safety course must comply with the following:
003.01A Continually maintain a place of
business which includes at least one permanent, regularly occupied structure
within the State of Nebraska.
003.01B
Provide a training site which includes a driving range.
003.01C Designate an authorized
representative and contact person.
003.01D Require all instructors to be
certified motorcycle safety instructors or motorcycle safety
trainers.
003.01E Have one or more
certified motorcycle safety instructor(s) present in the classroom or on the
driving range with the students at all times during the presentation of the
course content, explanations of course materials, administration of test, and
riding skills practice.
003.02
Application for Motorcycle
Safety Course Provider Certification. Applications to become a
motorcycle safety course provider shall be submitted on a form provided by the
Department and shall contain the following information:
003.02A
Provider Name. The legal
name, address, telephone number of the provider's headquarters in Nebraska,
including the name and electronic contact information for the local contact
person.
003.02B
Authorized
Representative. The name, title, work address, telephone number and
electronic contact information of the person authorized to act on the
provider's behalf with the Department.
003.02C
Location of Course. The
location of the classes and driving range if different from that of the
provider's headquarters.
003.02D
Time Frame. A general schedule of what and when training will be
offered and the frequency with which it will be offered.
003.02E
Motorcycle Safety
Instructors. The names, dates of birth, home address, e-mail address and
operator's license numbers for all persons employed or intended to be employed
as motorcycle safety instructors. Motorcycle safety instructors must be
certified by the Department prior to teaching any motorcycle safety course in
this state.
003.02F
Curriculum. The curriculum as set forth below in section 0045. If
the curriculum consists of a learn-to-ride course offered by the Motorcycle
Safety Foundation, a copy of the agreement between the provider and the
Motorcycle Safety Foundation will be provided with the application.
003.02G
Vehicles. Provider shall
certify that if approved, they will supply a motorcycle for each student as
required in section 004, below.
003.02H
Insurance. Proof of
$1,000,000 liability insurance coverage for all instructional and business
activities. Motorcycles used in student training will be covered by liability
insurance in amounts not less than set forth in Neb. Rev. Stat.§
60-509.
003.02I
Signature. The
application must contain the signature of the authorized
representative.
003.03
Fee. Each application for certification or the renewal of a
certification of each motorcycle safety course provider shall be accompanied by
a fee of $100.
003.04
Changes
in Status. The provider shall report in writing any of the following to
the Department:
003.04A
Name
Change. A change in the provider's authorized contact person or the
provider's name, legal status, or address shall be sent to the Department ten
days prior to occurrence.
003.04B
Motorcycle Safety Instructor Change. The provider shall report any
change in a motorcycle safety instructor's driving status within ten days of
the date of any suspension or revocation of his/her driving privileges. The
provider must report a motorcycle safety instructor's conviction, in this or
any other state, for a) DUI or any related alcohol or drug offense in
connection with a motor vehicle or b) any helmet violation while operating a
motorcycle. The provider shall report the addition or termination of motorcycle
safety instructors.
003.04C
Location Change. If there is any change in the location of the
program or driving course, the provider shall notify the Department not less
than ten days prior to the change.
003.04D
Insurance Cancellation or
Change. If the provider's insurance is cancelled or altered by the
insurer, or if the provider changes insurance carriers, the provider shall
notify the Department within ten working days.
003.04E
Provider Closure. The
provider shall notify the Department ten days prior to the date the operation
ceases. The provider shall arrange for the retention of program records and
shall notify the Department of those arrangements and how the Department's
inspectors or auditors may gain access to such records.
003.05
Renewal of Certification.
003.05A A provider's certificate will expire
on the second anniversary of its effective date unless renewed.
003.05B At least 120 days prior to
expiration, the Department will send the Provider's contact person a renewal
notice which states:
003.05B1 The date on
which the current certificate expires.
003.05B2 The date by which the renewal
application must be received by the Department for the renewal to be issued and
mailed before the certificate expires.
003.05B3 The amount of the renewal fee
($100).
003.05C All
renewal applications must be submitted to the Department not less than 60 days
prior to the time the current certification expires. The Department will not be
responsible for the timely issuance of any renewal certificates when the
application is not received in a timely manner.
003.06
Denial, Cancellation,
Suspension, Revocation or Refusal to Renew Certification. The
Department may deny, cancel, suspend, revoke, or refuse to renew a provider's
motorcycle safety course certification for good cause, including but not
limited to:
003.06A Fraud, forgery or
misrepresentation on an application;
003.06B Use of non-certified motorcycle
safety instructors;
003.06C Lapse
of insurance coverage;
003.06D
Failure to notify the Department of any changes in status under section
003.04 above;
003.06E Failure of an audit by the Department
pursuant to section 010 below;
003.06F For good cause shown; or
003.06G Failure to maintain adequate records
and/or failure to allow the department access to those records upon request
pursuant to section 009 herein.