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) All driver training courses
for beginning drivers, who are between the ages of fifteen years and six months
of age and eighteen years of age, must meet the following requirements:
(1) Except as provided in rule
4501-7-06 of the Administrative
Code for a medically based hospital or rehabilitation facility that offers
instruction for persons with a disability and online providers, enterprises
that provide driver training shall provide both the classroom or virtual
instruction and behind-the-wheel instruction;
(2) No behind-the-wheel instruction shall be
given to a student who does not hold and carry a valid temporary permit or
operator's license. No driver shall be given behind-the-wheel instruction using
a permit or license which has expired or which has been suspended or
revoked
(3) Students shall be
taught and supervised by a licensed instructor. Licensed instructors instruct
only under the authority of a licensed driver training school.
(4) When a student operates a motor vehicle
on the public highways, a licensed instructor shall be in the vehicle seated
beside the driver. The instructor shall carry with them proper identification to prove valid
licensure and provide such proof upon request. Proper identification
includes:
(a)
The instructor's current and valid driver's license and the
department issued instructor license if the department issued license does not
have the instructor's photo printed on it; or
(b)
The instructor's
current and valid department issued instructor license if the department issued
license contains the instructor's photo printed on it.
(5) The driver training course
shall be based on the principals of and cover, at a minimum, the in-car lessons
contained in the "Ohio Driver Training Curriculum." The program includes no
less than eight hours of driver training for each student;
(6) Behind-the-wheel instruction consists of
no less than sixty minutes of instruction for each hour credited toward
completion of the required training. Time taken for breaks in instruction shall
not be included when calculating completion of the required
instruction;
(7) No instructor
shall give a beginning driver behind-the-wheel instruction before the student
has completed the classroom or virtual classroom instruction. No instructor
shall give a student who is enrolled in an online program, behind-the-wheel
instruction without receiving a "Certificate of Completion of an Online Driver
Education Program" issued by the online provider;
(8) Class "D" instructors shall take a ten
minute break after every four consecutive hours of instruction;
(9) A student's good-faith effort made during
the full eight hours of skills training constitutes successful completion of
the behind-the-wheel training;
(10)
All training as required in this rule and rule
4501-7-09 of the Administrative
Code, provided by the enterprise shall be made available to, and completed by,
the student within six months of the first date of training, unless mitigating
circumstances occur. Mitigating circumstances include health and family issues
that disrupt the student's ability to receive training. Mitigating
circumstances do not include the inability to schedule training due to parent
or student elective or extra-curricular activities, such as sports and school
clubs. Mitigating circumstances shall be documented in the student's record.
Requests for special circumstances not listed to be considered "mitigating" are
requested through the department. If no mitigating circumstances are approved,
training will be voided and the student re-takes the training.
(B) In addition to the
requirements for class "D" licensed schools listed in paragraph (A) of this
rule, driver training courses and instructors shall maintain an environment
that is conducive to learning.
(1) If a
student is operating a motor vehicle on a range, an instructor may leave the
motor vehicle, but remain standing outside the vehicle in a position where the
instructor can continue to directly observe the operation of the motor vehicle,
and maintain a position where both the student and the instructor can hear each
other and be heard by each other;
(2) During times of behind-the-wheel
instruction, use of any items or behavior that causes or can cause unreasonable
distraction is prohibited. No eating or drinking by students is permitted in
the vehicle during times of instruction or while the vehicle is in
motion;
(3) No student shall be
given more than three hours of behind-the-wheel instruction in one day. The
total training a student receives shall not exceed four hours in one day.
Students receiving more than two continuous hours of training shall be provided
a ten-minute break at the approximate mid-point of the lesson;
(4) Instructors shall ensure that a beginning
driver's first hour of behind-the-wheel training occurs in an area that is
reasonably free from pedestrian and vehicular traffic, and that the first hour
does not include operation of a vehicle on primary traffic arteries, main
highway routes, and other thoroughfares that carry a large amount of
traffic;
(5) No instructor shall
permit a beginning driver to operate a motor vehicle on an expressway before
the beginning driver has received at least two hours of behind-the-wheel
instruction on a roadway that is not an expressway;
(6) No more than two students may be in a
vehicle while behind-the-wheel instruction is being given. No credit for the
hours of required behind-the-wheel instruction shall be given to a student who
is not driving;
(C)
Instructor candidates who have completed at least thirty-two hours of training
can teach up to two hours of behind-the-wheel instruction for one student with
the training manager supervising from the back seat. A lesson plan and route
sheet provided by the training manager will be used during the
lesson.