Current through all regulations passed and filed through December 16, 2024
[Comment: For dates and availability of material incorporated
by reference in this rule, see paragraph (A) in rule
4501-8-21
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 probationary instructor
license or non-probationary instructor license issued by the director.
No authorizing official or adult training coordinator
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. The instructor shall act only under the authority and guidance
of a licensed driver training enterprise.
(B) Adult training coordinators shall be
licensed instructors and shall have completed a course for adult training
coordinators.
(C) Each person
applying for an instructor or online instructor license
submits the "Abbreviated Adult Driver Training
Instructor License Application" to the department. Original applications for
instructors include:
(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's criminal record and dated no more than ninety days prior to the
date the director receives the "Abbreviated Adult Driver Training Instructor
License Application." The background checks include:
(a)
A state level check, which includes information maintained by the bureau of
criminal identification and investigation, or a similar agency from the
resident state of the applicant; and
(b) A federal level check, provided by a
governmental agency, which includes information from Ohio and all other
states.
(3)
A .jpeg format photograph of the applicant
showing neck, shoulders, full face and uncovered head with a plain solid
colored background and taken not more than sixty days prior to the date of the
application. Photocopies of 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
"Abbreviated Adult Driver Training Instructor License Application" is received
by the director. The abstract must show the applicant has a current and valid
license to operate a motor vehicle.
(5) Except for an online instructor
applicant, certification from an Ohio driver examiner that the applicant has
passed the required driver training instructor testing. Testing includes:
(b) A knowledge test that includes questions
testing the applicant's knowledge of the Administrative Code, road signs, the
care and operation of motor vehicles, and the "Digest of Motor Vehicle
Laws."
(c) A skill examination in a
motor vehicle other than a commercial motor vehicle or motorcycle.
(6) Except for an online
instructor applicant, proof the applicant has completed a training program
within the ten years immediately preceding the application for an instructor's
license. Except for an online instructor, the proof consists
of:
(a) A training program approved by the
director and administered by a licensed driver training school under the
direction of the adult training coordinator; or
(b) A valid copy of a 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. Such certificate shall be valid at the time of applying
for an instructor license; or
(c)
Certificate issued by a college or university providing training specific to
driver education and training; or
(d) An abbreviated training program approved
by the director and administered by the licensed driver training school under
the direction of the adult training coordinator. The abbreviated training
program shall only be provided to instructors who currently meet the
requirements under rule
4501-7-05
of the Administrative Code.
(7) For an online instructor applicant, the
proof shall consist of a training program approved by the director. Such
training shall have been completed within the ten years immediately preceding
the application for an online instructor's license.
(8) Except for an online instructor
applicant, 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
dated no more than one year prior to the date the director receives the
"Abbreviated Adult Driver Training Instructor License Application."
(9) Proof the applicant has completed the
department's online "Sexual Harassment Training."
(D) Upon approval of an
initial "Abbreviated Adult 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 adult
training coordinator shall be responsible for assessing the instructor. The
authorizing official of an online course shall assess the online instructor.
The assessments shall be provided to the director at least one month prior to
the expiration of the probationary license.
(3) A probationary license holder may not be
associated with more than one driver training enterprise during the
probationary term.
(4) If a
probationary 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 adult training coordinator.
(5) If during the probationary term, a
probationary license holder becomes associated with another driver training
enterprise, the probationary term shall start over.
(6) The director shall issue a
non-probationary instructor license to an applicant who has successfully
completed the probationary term.
(E) Every applicant for
an adult training coordinator endorsement shall submit the "Abbreviated Adult
Driver Training Instructor License Application" to the department.
(1) For an abbreviated adult course
instructor, who does not meet the requirements set forth in paragraph (E)(2) or
(E)(3) of this rule, the original application shall include:
(a) Proof the applicant has completed a
course for adult training coordinators approved by the director; and
(b) Proof the applicant has held an
abbreviated adult instructor license for two years and have taught, at a
minimum, eight abbreviated adult courses.
(2) For an applicant who has held, within the
previous three years, a training manager license for a class d driver training
school pursuant to Chapter 4501-7 of the Administrative Code, the original
application includes:
(a) Proof
of the training manager license for a class d driver training school pursuant
to Chapter 4501-7 of the Administrative Code; and
(b) Proof the applicant has completed a
continuing education course for adult training coordinators approved by the
director.
(3) For an
applicant that is a current certified driver rehabilitation specialist, the
original application includes;
(a) Proof
the applicant is a current certified driver rehabilitation specialist;
and
(b) Proof the applicant has
completed a course for adult training coordinators approved by the director.
(F) All
non-probationary instructor, online instructor and adult training coordinator
licenses expire on December
thirty-first of the year the license was issued, and a license may be renewed
annually upon completion of the "renewal requirements."
(G)
All non-probationary instructor, online instructor and adult coordinator
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.
(H)
The director issues certification for training persons
with a disability in one of two categories:
(1)
As a disability
endorsement for an instructor of an abbreviated adult training course providing
classroom and behind-the-wheel instruction.
(a)
An instructor
applying for the disability endorsement shall file a "Abbreviated Adult Driver
Training Instructor License Application" in accordance with paragraph (C) 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)
As a
license for an instructor of only 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 "Abbreviated Adult Driver Training
Instructor License Application" in accordance with paragraph (C) of this rule
and include proof of certification as an occupational therapist or a certified
driver rehabilitation specialist.
(b)
In order to
maintain current certification, an instructor shall show proof of continuing
education every three years in training drivers with a
disability.
(I) Any application for an instructor, online
instructor, or adult training coordinator license received by the director more
than one year after the last license expired shall be submitted as an original
application.
(J) Each applicant
seeking renewal shall
submit the "renewal requirements" as prescribed by the
director. "Renewal requirements" include:
(1) A 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) 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)
A .jpeg format
photograph of the applicant showing neck, shoulders, full face and uncovered
head with a plain solid colored background and taken not more than sixty days
prior to the date of the application. Photocopies of
photographs from other identification
badges or cards will not be accepted.
(4) The signature
of the authorizing official of the driver training school with which the
applicant is affiliated.
(K) Every applicant for a probationary or
non-probationary instructor or online instructor license or applicant for an
adult training coordinator 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, does not have any injury
or physical or mental impairment, and 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
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.
(L) If an instructor, online instructor, or
adult training coordinator 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, online instructor, or adult training
coordinator shall submit the "renewal requirements" as set forth in paragraph
(I) of
this rule.
(M) If an instructor,
online instructor, or adult training coordinator failed to renew because the
license holder's spouse served in the armed forces and the service resulted in
the holder's absence from Ohio, the license shall be renewed in accordance with
section
5903.10
of the Revised Code. The instructor or adult training coordinator shall submit
the "renewal requirements" as set forth in paragraph (I) of this
rule.
(N) 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.
(O) An instructor, online instructor, or
adult training coordinator shall notify the enterprise's authorizing official,
in writing, within ten days if any of the following occur:
(1) The instructor, online instructor, or
adult training coordinator is convicted of or pleads guilty to a moving traffic
violation;
(2) The instructor,
online instructor, or adult training coordinator is involved in a chargeable
crash;
(3) The instructor, online
instructor, or adult training coordinator is convicted of a charge that
assesses points against the holder's license;
(4) The instructor, online instructor, or
adult training coordinator receives any driver license suspension,
cancellation, or revocation;
(5)
The instructor, online instructor, or adult training coordinator is convicted
of or pleads guilty to any criminal charge specified in paragraph (K)(4)
of this rule.
(P) The
authorizing official shall notify the director, in writing, within ten days of
the receipt of notice that the instructor, online instructor, or adult training
coordinator received a conviction or violation specified in paragraph (O) of
this rule.
(Q) The director may
refuse to issue or renew, or suspend, revoke or place on probation the
probationary or non-probationary license of any instructor, online instructor,
or adult training coordinator upon notice of that person's conviction for any
offense for which that person may be disqualified under this rule.
(R) The director may refuse to issue or
renew, or suspend, revoke or place on probation the probationary or
non-probationary license of any instructor, online instructor, or adult
training coordinator 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 adult training coordinator which is committed
beyond the periods provided herein.
(S) No person shall submit a "Abbreviated
Adult Driver Training Instructor License Application" or "renewal requirements"
that are incomplete, incorrect or which contains false or misleading
information. An incomplete, incorrect, false, or misleading "Abbreviated Adult
Driver Training Instructor License Application" or "renewal requirements" may
be rejected, returned to the applicant, or denied.
(T) No
authorizing official or adult training coordinator shall allow a person to
instruct unless the person has applied for and obtained a probationary or
non-probationary instructor's license in the manner and form prescribed by the
director.
(U) Every
non-probationary instructor license holder and adult training coordinator shall
complete a pre-approved continuing education course once every three years, and
shall, upon request from the director, provide proof of the satisfactory
completion of such training.
(1) The
continuing education course shall be approved by the director and shall consist
of topics related to driver's education and 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 shall
provide a list of approved courses upon request. In addition to the list, 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.
(V)
Every instructor, online instructor, and adult training coordinator shall
complete the department's online "Sexual Harassment Training" annually. Proof
of the course completion shall be maintained in the instructor's file and shall
be made available upon request of the director.
