4501-53-03 Instructor qualifications for certification to teach.

(A) The department shall certify an individual to teach the BRC if the individual meets the following conditions:

(1) Submits to the department a completed application on a form approved by the director.

No applicant shall submit an application that contains false or misleading information;

(2) Possesses a high school diploma or GED;

(3) Possesses a current first aid card and a current CPR card or equivalent;

(4) Is currently an experienced motorcycle operator, licensed for at least three years preceding the date of the application with a valid motorcycle endorsement, and currently rides a motorcycle on a regular basis;

(5) Has 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 equivalent convictions from another jurisdiction, within the three years preceding the date of application;

(c) An accumulation of more than five points under Chapter 4510. of the Revised Code, or equivalent action from another jurisdiction, within the three years preceding the date of application;

(d) A twelve-point administrative action under section 4510.037 of the Revised Code, or equivalent action from another jurisdiction, within the ten years preceding the date of application ;

(e) A suspension under section 4511.19 of the Revised Code, or equivalent conviction from another jurisdiction, within ten years preceding the date of application.

(6) Successfully completes an instructor preparation course approved by the director;

(7) Successfully completes the BRC within the two calendar years preceding the date the instructor preparation course is being offered;

(8) Upon request, submits a criminal abstract provided and dated by the bureau of criminal identification and investigation within forty-five days of such request;

(9) Has not been convicted of, pled guilty to, had a judicial finding of guilt for, or had a judicial finding of eligibility for treatment in lieu of conviction for, any of the following:

(a) Any felony;

(b) A misdemeanor involving moral turpitude;

(c) A misdemeanor of the first or second degree which is reasonably related to a person's ability to serve safely and honestly in connection with a motorcycle training course;

(d) A violation of any federal, state, county, or municipal narcotics law;

(e) Any act committed in another state or jurisdiction that, if committed in Ohio, would constitute a violation set forth in this paragraph.

(10) Has not been adjudicated mentally incompetent by a court of law;

(11) Does not engage in the illegal use of controlled substances, alcohol, or other habit-forming drugs or chemical substances while performing the duties of a motorcycle instructor;

(12) Has not committed fraud or material deception in applying for, or obtaining, certification to teach under this chapter;

(13) Upon request, provides an original signed statement from the applicant's physician, on the physician's letterhead, certifying that the applicant is mentally and physically capable of providing motorcycle safety instruction;

(B) In addition to meeting the requirements in paragraphs (A)(1) to (A)(5) and (A)(8) to (A)(13) of this rule, motorcycle instructors certified by another state or military motorcycle safety program, who have successfully completed an instructor preparation course and the BRC, shall successfully complete a special MO training session conducted by an MO chief instructor.

(C) The department may access an applicant's driving record to verify that the applicant meets the requirements of this rule.

(D) The department may observe and evaluate all aspects of the conduct of any course.

(E) An individual's certification to teach shall expire on December thirty-first of the year of certification, and may be renewed annually upon application to the department pursuant to rule 4501-53-05 of the Administrative Code.

(F) The department shall certify an individual to teach the BRC-2, BRC-RR, and/or ARC if the individual meets the conditions of paragraphs (A)(1) to (A)(6) and (A)(8) to (A)(13) of this rule and the individual attends a course specific workshop or training course provided by the department.

Effective: 04/21/2011
R.C. 119.032 review dates: 02/02/2011 and 02/02/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.08
Rule Amplifies: R.C. 4508.08
Prior Effective Dates: 9/26/03 (Emer.), 12/26/03, 2/2/06