Current through all regulations passed and filed through September 16, 2024
[Comment: For dates and availability of material incorporated
by reference in this rule, see paragraph (A) in rule
4501-7-39 of the Administrative
Code.]
(A) No person shall give
instruction for hire in the operation of a motor vehicle unless such person is
the holder of a current and valid instructor's license issued by the director.
No authorizing official or training manager shall allow a person to instruct
driver training unless the person has applied for and obtained the appropriate
instructor's license from the director. Instructors shall maintain a valid
driver's license at all times during licensure.
(B)
Class "D"
instructor licenses are issued by the director in one of three types:
(1)
Class "D"
instructors are non-restricted licensed instructors who teach any part of the
curriculum, including classroom and behind-the-wheel instruction in the
operation of a passenger vehicle.
(2)
Classroom-restricted class "D" instructors are licensed
instructors who may only teach driver knowledge in the classroom or via virtual
classroom in the operation of a passenger vehicle.
(3)
Behind-the-wheel-restricted class "D" instructors are
licensed instructors who may only instruct students behind the wheel of a
vehicle in the operation of a passenger vehicle.
(C)
CDL instructor licenses are issued by the director in one of three classes:
(1) Class "A" commercial instructors are
licensed instructors who teach any part of a curriculum, including classroom
and behind-the-wheel instruction, for the operation of commercial motor
vehicles as defined in division (D) of section
4506.01 of the Revised
Code.
(2) Class "B" commercial
instructors are licensed instructors who teach any part of the curriculum,
including classroom and behind-the-wheel instruction, for the operation of
commercial motor vehicles as defined in division (D)(2) of section
4506.01 of the Revised
Code.
(3) Restricted instructors
are licensed instructors who may teach driver knowledge in the classroom or via
virtual classroom, and who may be permitted to instruct students on the driving
range but not behind the wheel of a commercial motor vehicle on the road.
Restricted instructors are not required to possess or maintain a commercial
driver license. In order to provide instruction to students on the driving
range, the restricted instructor shall have previously held a commercial
driver's license in the same classification with the proper endorsements
necessary to operate a commercial motor vehicle for which training is
provided.
(D) Training managers
and probationary training managers shall be
licensed instructors and have completed a course approved by the director for
driver training school managers.
(1)
Training managers are non-restricted instructors,
except for disability instructors as defined in paragraph (G)(2) of this
rule.
(2)
Training managers for commercial training shall be
"class A" licensed instructors properly endorsed to operate all classes of
vehicles for which the school offers training.
(3)
Probationary
training managers may remain on probation for up to two years or until they
meet the three-year requirement as described in paragraphs (H)(2) to (H)(4) of
this rule, whichever is applicable. During the time a person holds a
probationary training manager endorsement, additional support and program
reviews will occur to ensure compliance with the rules in this
chapter.
(E) Each person
applying for any original driver training instructor license shall submit the
"Driver Training Instructor License Application" as prescribed by the director
to the department. Original applications for a driver training instructor
includes:
(1) A fee of twenty-five dollars
paid electronically or in the form of a check or money order made payable to
the treasurer of the state of Ohio.
(2) Background checks regarding the applicant
criminal record and dated not more than ninety days prior to the date the
director receives the "Driver Training Instructor License Application." The
background checks includes:
(a) A state level
check, which includes information maintained by the bureau of criminal
identification and investigation, or a similar government agency from the
resident state of the applicant; and;
(b) Except for a CDL instructor applicant, a
federal level check, provided by a government agency, which includes
information from Ohio and all other states.
(3)
Although not required, an optional photograph of the
applicant may be included in a.jpeg format showing neck,
shoulders, full face and uncovered head with a plain solid colored background
. Photocopies or photographs from other
identification badges or cards will not be accepted.
(4) The applicant's driving record abstract
obtained from the records maintained by the bureau of motor vehicles, or a
similar agency from another state if the applicant has an out-of-state license.
The abstract shall be dated no more than ninety days prior to the date the
"Driver Training Instructor License Application" is received by the director,
and the abstract must show the applicant has a current and valid license to
operate a motor vehicle.
(5) Except
for online instructors, certification from an Ohio driver examiner that the
applicant has passed the required driver training instructor testing. Testing
includes:
(a) A vision screening.
(b) A knowledge test that includes questions
testing the applicant's knowledge of Chapter 4501-7 of the Administrative Code,
road signs, the care and operation of motor vehicles, and the "Digest of Ohio
Motor Vehicle Laws."
(c) A skill
examination in a motor vehicle, in the correct classification of motor vehicle,
and other than a motorcycle.
(6) Evidence the applicant has completed a
basic instructor course provided and approved by the department. The course
shall have been completed no more than one year prior to the date the director
receives the "Driver Training Instructor License Application."
(7) Proof the applicant has completed, within
the ten years immediately preceding the application for an instructor license,
an approved instructor's course in the classification of training for which the
applicant is applying for an instructor's license and on a form prescribed by
the director.
(a) For a class "D" instructor
applicant, in accordance to the type of license,
an instructor's course in driver training approved by
the director or a copy of a valid state of Ohio department of education
certificate with a driver training endorsement issued pursuant to the
provisions of sections
3319.22 to
3319.31 of the Revised Code.
Instructor candidates completing the training requirement may student teach with the training manager
supervising from the back seat. The instructor's course in driver training is provided by one of the
following:
(i) College or
university,
(ii) Program approved
by the department,
(iii) Licensed
driver training school under the direction of a licensed training
manager,
(b) For an online instructor license,
evidence the applicant has completed an online instructor program approved by
the director.
(c) For a CDL
instructor applicant, an instructor's course approved by the director in the
same classification of commercial motor vehicle as the applicant intends to
train and provided by:
(i) Program approved by
the department, or
(ii) Licensed driver training school under
the direction of a licensed training manager.
(d)
Training is not
required if applicant meets the requirements for reciprocal licensure found in
Chapter 4796. of the Revised Code.
(e)
Training is not
required if the applicant provides proof of being previously licensed as a
non-probationary instructor, pursuant to paragraph (B) or (C) of this rule,
whichever is applicable, within five years immediately preceding the date of
application, if:
(i)
The proof of previous licensure is in the same or
substantially similar classification of license as the type of license as the
application type;
(ii)
The previous license was left in good standing with the
department, and was not surrendered or revoked; and
(iii)
If the
applicant has not completed a pre-approved advanced training course in more
than three years, the director may issue a license, in accordance with
paragraph (F) of this rule, provided the applicant completes a course that
complies with paragraph (V) of this rule within one calendar year of the date
of issuance.
(8) Each application for an original
instructor's license to train behind the wheel of commercial motor vehicles
also includes:
(a) Proof of being licensed as
the operator of a commercial motor vehicle for at least three years during the
ten-year period preceding the application. For restricted instructors, proof of
previously operating on a commercial driver's license, in the
same classification or higher with the same endorsements as being taught, for
at least two years:
(b)
Except for CDL restricted instructors, proof
of a valid commercial driver's
license that is legal for the operation of all vehicles in which the instructor
trains students.
(9)
Except for an online instructor, the "Driver Training Personnel Physical
Examination" signed by a physician, nurse practitioner, or physician's
assistant acting within their scope of practice declaring that the instructor
does not have a medical condition, physical condition, including vision
impairment (not corrected), which could interfere with the responsibilities of
being an instructor or could jeopardize the health and welfare of students
and/or general public. The "Driver Training Personnel Physical Examination"
shall be completed no more than one year prior to the date the director
receives the "Driver Training Instructor License Application." For a CDL
instructor applicant, as an alternative, may submit proof of a current
certificate of medical examination issued under "49 C.F.R. 391.43,"
which shall have been completed no more than one year prior to the date the
director receives the application.
(10) Proof the applicant has taken the
department's online "Sexual Harassment Prevention Training."
(11) The signature of the enterprise's
authorizing official.
(F)
Except for applicants exempt from training under
paragraph (E)(7)(d) of this rule, upon
approval of an initial "Driver Training
Instructor License Application" the director issues a probationary instructor
license.
(1) The probationary license expires
one hundred eighty days from the date of issuance.
(2) The probationary instructor license
holder shall successfully pass an assessment, approved by the director, prior
to the expiration of the probationary license. The training manager shall be
responsible for assessing the instructor and shall provide the director with
the assessment at least one month prior to the expiration of the probationary
license.
(a) For any class
"D"
probationary instructor, the assessment encompasses a
minimum of one hour
classroom or virtual classroom
session, or a minimum of one
hour
behind-the-wheel session, whichever type of training is primarily taught by the
probationary instructor license holder.
(b) For a disability instructor of a
medically based hospital or rehabilitation clinic, the assessment encompasses
a minimum of one hour
behind-the-wheel session being taught by the probationary instructor license
holder.
(c) For an online
probationary instructor, the assessment encompasses a one day
assessment of the online probationary license holder handling curriculum
content inquiries from online students.
(d) Except for CDL restricted instructors, the assessment encompasses
a minimum of one hour
classroom session, a minimum of one
hour
range session, or a minimum of one
hour
behind-the-wheel session, whichever type of training is primarily taught by the
probationary license holder.
(e)
For CDL restricted instructors, the assessment
encompasses a minimum of one
hour
classroom session or one complete range session, whichever is
applicable.
(3) A
probationary license holder may not be associated with more than one driver
training enterprise during the probationary term.
(4) If a probationary instructor license
holder fails to meet expectations as provided by the assessment, the director
may extend the probationary term no more than ninety days. The probationary
instructor license holder shall successfully pass a second assessment performed
by the training manager.
(5) If
during the probationary term, a probationary instructor license holder intends
to become associated with another driver training enterprise, the holder of the
license shall request approval from the director. The director shall review the
request. If the request is approved, the instructor may transfer to the
approved driver training enterprise. A transfer may only be approved
based upon the demonstration of mitigating circumstances, including but not
limited to, a school closing, the probationary instructor license holder
moving, or inability to teach due to low student enrollment.
(G) The director issues
certification for training persons with a disability in one of two categories:
(1) As a disability endorsement for an
instructor of a class 'D' driver training course providing classroom, virtual
classroom, and behind-the-wheel instruction.
(a) An instructor applying for the disability
endorsement shall file a "Driver Training Instructor License Application" in
accordance with paragraph (E) of this rule and include a certificate of
successful completion of a course approved by the director for training drivers
with a disability.
(b) In order to
maintain current certification, an instructor shall take a continuing education
course in training drivers with a disability, as approved by the director,
every three years.
(2) A
license for an instructor at a rehabilitation clinic or medically based
hospital that offers driver training for beginning drivers with a disability.
(a) An instructor applying for a license, who
will provide driver training in persons with a disability for a rehabilitation
clinic or medically based hospital, shall file a "Driver Training Instructor
License Application" in accordance with paragraph (E) of this rule
and include
one of the following:
(i)
Proof of
certification as an occupational therapist;
(ii)
Proof of
certification as a certified driver rehabilitation specialist in lieu of the
training required in paragraph (E)(7) of this rule.
(iii)
Proof of a
valid driver rehabilitation professional microcredential issued by the
association for driver rehabilitation specialists.
(b) In order to maintain current
certification, an instructor shall show proof of continuing education every
three years. The continuing education shall include topics on medical
conditions or disabilities and how they relate to driving.
(H) Every training
manager applicant shall submit the "Driver Training Instructor License
Application." The application includes:
(1)
Proof the manager applicant has completed a course for driver training school
managers that has been approved by the director.
(2) For a class "D" instructor, proof the
applicant has held a valid class "D" driver instructor license, or the
equivalent in another state, for at least three years.
(3) If the applicant for a training manager
license is a current certified driver rehabilitation specialist, and provides
proof of current certification, the three years of holding a valid class "D"
driver instructor license may be waived by the director.
(4) For a CDL instructor, proof the applicant
has held a valid commercial instructor license for at least three
years.
(5)
A person may apply for a probationary training manager
endorsement if the applicant provides the following:
(a)
Proof of being
licensed as an instructor for at least one year;
(b)
Proof of
completing a course for driver training school managers that has been approved
by the director; and
(c)
Evidence of expertise or experience in education,
previous management position or a training instructor in the transportation
industry or a related field, or previous proof of expertise in training
employees or other professionals. The director may consider all evidence
provided.
(I) All instructor,
online instructor, disability instructor, CDL instructor, and training manager
non-probationary licenses expire on December thirty-first of the year the
license is issued, and may be renewed annually upon completion of the "renewal
requirements."
(J) All instructor,
online instructor, disability instructor, CDL instructor, and training manager
license "renewal requirements" may be filed without penalty if filed within one
year from the date of expiration of the last license issued, but such license
will be effective no sooner than the date it is approved by the
director.
(K) Any application for
an instructor's, online instructor's, or manager's license received by the
director more than one year after the last license expired shall be submitted
as an original application.
(L) Each applicant
seeking renewal shall submit the "renewal requirements" as prescribed by the
director. "Renewal requirements" includes:
(1)
At a minimum,
payment of the annual fee of ten dollars paid electronically or in the
form of a check or money order made payable to the treasurer of the state of
Ohio.
(2)
Biennially after initial licensure,
the
applicant's driving record abstract obtained from the records maintained by the
bureau of motor vehicles, or a similar agency from another state if the
applicant has an out-of-state license. The abstract shall be dated no more than
ninety days prior to the date the "renewal requirements" are received by the
director, and show the applicant has a current and valid license to operate a
motor vehicle.
(3)
Although not
required, an optional photograph of the applicant may be included in.jpeg
format showing
neck, shoulders, full face and uncovered head with a plain solid colored
background.
Photocopies or photographs from other identification
badges or cards will not be accepted.
(M) Each applicant for
a driver training instructor's, online instructor's, disability instructor, CDL
instructor, or training manager's license shall:
(1) Certify the applicant has been licensed
as the operator of a motor vehicle for at least five years.
(2) Possess a valid driver's
license.
(3) Certify that the
applicant is in sound physical and mental health, that the applicant does not
have any injury or physical or mental impairment, and that the applicant is not
under the influence of or addicted to any drug or medicine which may affect
that applicant's ability to drive or to effectively and safely instruct
students or manage training.
(4)
Have a record free of a conviction of a disqualifying offense.
(5) Have a driving record free of any of the
following:
(a) Three or more chargeable
crashes within the three years preceding the date of application;
(b) Three or more moving violation
convictions under Chapter 4511. of the Revised Code, or an equivalent
conviction from another jurisdiction, within the three years preceding the date
of application;
(c) An accumulation
of six points or more under Chapter 4510. of the Revised Code, or equivalent
action from another jurisdiction, within the preceding three years;
(d) A twelve-point administrative suspension
under section 4510.037 of the Revised Code, or
equivalent action from another jurisdiction, within the ten years preceding the
date of application.
(N) If an instructor or
training manager failed to renew because of service in the armed forces, the
license shall be renewed in accordance with section
5903.10 of the Revised Code. The
instructor or training manager shall submit the "renewal requirements" as set
forth in paragraph (L) of this rule.
(O) If an instructor or
training manager failed to renew because the certificate holder's spouse served
in the armed forces and the service resulted in the holder's absence from this
state, the license shall be renewed in accordance with section
5903.10 of the Revised Code. The
instructor or training manager shall submit the "renewal requirements" as set
forth in paragraph (L) of this rule.
(P) A renewal shall not
be granted unless the holder or the holder's spouse, whichever is applicable,
has presented satisfactory evidence of the service member's discharge under
honorable conditions or release under honorable conditions from active duty or
national guard duty within six months after the discharge or release.
(Q) An
instructor, online instructor, or training manager shall notify the
enterprise's authorizing official in writing within ten days if any of the
following occur:
(1) The instructor, online
instructor, or training manager is convicted of or pleads guilty to a moving
traffic violation conviction;
(2)
The instructor, online instructor, or training manager is involved in a
chargeable crash;
(3) The
instructor, online instructor, or training manager is convicted of a charge
that assesses points against the applicant's license;
(4) The instructor, online instructor, or
training manager receives any driver license suspension, cancellation, or
revocation;
(5) The instructor,
online instructor, or training manager is convicted of or pleads guilty to any
disqualifying offense
listed in
rule
4501-7-37 of the Administrative
Code.
(R) The authorizing
official or training manager shall notify the director in writing within ten
days of the official's or manager's receipt of notice that any of the following
has occurred:
(1) An instructor, online
instructor, or training manager is convicted of or pleads guilty to a moving
traffic violation conviction;
(2)
An instructor, online instructor, or training manager is involved in a
chargeable crash;
(3) An
instructor, online instructor, or training manager is convicted of a charge
that assesses points against the applicant's license;
(4) An instructor, online instructor, or
training manager receives any driver license suspension, disqualification,
cancellation, or revocation;
(5) An
instructor, online instructor, or training manager is convicted of or pleads
guilty to any disqualifying offense listed in
rule 4501-7-37
of the Administrative Code.
(S) The director may
refuse to issue or renew, or may suspend, revoke, or place on probation the
probationary or non-probationary license of any instructor, online instructor,
or training manager upon notice of that person's conviction for any offense for
which that person may be disqualified under this rule.
(T)
The director may refuse to issue or renew, or may suspend, revoke, or place on
probation a probationary or non-probationary license upon notice of an offense
determined by the director to be of a nature or severity inconsistent with the
standards expected of an instructor, online instructor, or training manager
which is committed beyond the periods provided herein.
(U) No
person shall submit a "Driver Training Instructor License Application" or
"renewal requirements " that are incomplete, incorrect or which contains false
or misleading information. An incomplete or incorrect, false, or misleading
"Driver Training Instructor License Application" or "renewal requirements" may
be rejected, returned to the applicant, or denied.
(V) Every training
manager, instructor, and online instructor shall complete a preapproved
advanced training course once every three years and, upon request from the
director, provide proof of the satisfactory completion of such training.
(1) The course shall be one approved by the
director or one of continued education in driver training or training
management conducted by a college, university, or a national driver training
organization.
(2) The proof of
satisfactory completion shall be in a manner prescribed by the
director.
(3) The director may
pre-approve, on an individual basis, additional conferences, workshops, or
seminars, including a driving dynamics or defensive driving course, in
satisfaction of this requirement.
(W) Every training
manager, instructor, disability instructor, CDL instructor, and online
instructor shall complete the department's online "Sexual Harassment
Prevention Training" annually.
(X)
The director may amend the "Driver Training Instructor License Application"
form at any time.
