Chapter 4501-7 Commercial Driver Training Schools

4501-7-01 Definitions.

[Comment: For dates and availability of material incorporated by reference in this chapter, see paragraph (PP) of this rule.]

(A) "Applicant" or "candidate" means any person applying for a license to be an authorizing official for a driver training school, an instructor, an online instructor, or a training manager.

(B) "Authorizing official" or "official" means any person who owns or who maintains responsibility on behalf of an individual, corporation, business trust, estate, trust, partnership, or an association for the facilities, equipment, instructors, managers and other employees of a driver training enterprise or an enterprise providing online driver education.

(C) "Beginning driver" or "beginning student" means any person being trained to drive a particular class of motor vehicle who has not been previously licensed to drive that motor vehicle by any state or country.

(D) "Behind-the-wheel instruction" means that portion of a driver training course which is devoted to teaching a student driving skill, provided to a student who is operating an approved motor vehicle, and presented by a licensed instructor.

(E) "Certificate of completion" means a certificate electronically furnished by the department to a licensed driver training enterprise and issued by the enterprise to students under age eighteen who have completed the required twenty-four hours of classroom instruction, or equivalent online instruction, and eight hours of behind-the-wheel instruction to the satisfaction of the school's authorizing official or training manager as required by division (C) of section 4508.02 of the Revised Code.

(F) "Certificate of completion of an online driver education program" means a certificate electronically furnished by the department to a licensed driver training enterprise and issued by the enterprise to students under the age of eighteen who have completed the online equivalent of the required twenty-four hours of classroom instruction.

(G) "Certificate of Enrollment" means a certificate electronically furnished by the department to a licensed enterprise providing online instruction and issued by the enterprise to students under the age of eighteen who have successfully enrolled and completed at least two hours of online instruction as required by division (A)(2)(d) of section 4508.02 of the Revised Code.

(H) "Chargeable crash" means a conviction of, a guilty plea to, a finding of guilty following a plea of no contest to, or the forfeiture of any bail or collateral deposited to secure an appearance for a moving traffic violation as a result of a motor vehicle crash.

(I) "Class D license school" means any school training students in the operation of motor vehicles for class "D" operator's licenses as defined in Chapter 4507. of the Revised Code.

(J) Class "D" operators are licensed instructors who teach any part of a curriculum, including classroom, and behind-the-wheel instruction, or who provide curriculum support for an online driver training enterprise; for the operation of motor vehicles to persons learning to operate a motor vehicle other than a commercial motor vehicle.

(K) "Classroom" means any room within a driver training school used to teach students driver knowledge.

(L) "Classroom instruction" means that portion of a driver training course that is devoted to teaching driver knowledge and provided in a classroom. Classroom instruction does not include the student's operation of a motor vehicle.

(M) "Commercial driver license" or "CDL" means a license issued in accordance with Chapter 4506. of the Revised Code that authorizes an individual to drive a commercial motor vehicle.

(N) "Commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets the qualifications listed in divisions (E) and (D) of section 4506.01 of the Revised Code.

(O) "Current textbook or workbook" means a book published within the past ten years containing information for safe and responsible driver practices and used as part of an approved driver training curriculum.

(P) "Department" means the "Ohio Department of Public Safety."

(Q) "Director" means the director of the "Ohio Department of Public Safety" as set forth in division (G) of section 121.03 of the Revised Code, or the director's designee.

(R) "Driver education" means that portion of a driver training course that is devoted to teaching driver knowledge and does not include the student's operation of a motor vehicle. See also "classroom instruction" and "online driver education program."

(S) "Driver training" means that portion of a driver training course which is devoted to teaching a student driving skill, provided to a student who is operating an approved motor vehicle, and presented by a licensed instructor. (Also known as "behind-the-wheel instruction.")

(T) "Driver training course" or "training program" means a course consisting of classroom instruction and behind-the-wheel training or an online driver education program offered by a driver training school, as defined in paragraph (V) of this rule.

(U) "Driver license" or "operator license" means a class D license issued to any person to operate a motor vehicle, other than a commercial motor vehicle, including a "probationary license" or a "restricted license" as defined in division (A) of section 4507.01 of the Revised Code.

(V) "Driver training school" or "school" means each facility where a driver training course is conducted. A driver training school includes:

(1) A business enterprise conducted by a person for the training of persons to operate motor vehicles that use public streets or highways to provide training and charges a fee for such services,

(2) A business enterprise that offers the equivalent to classroom instruction via an online internet education program,

(3) A lead school district as provided in section 4508.09 of the Revised Code,

(4) A board of education of a city, exempted village, local, or joint vocational school district or the governing board of an educational service center that offers a driver education course for high school students enrolled in the district or in a district served by the educational service center, or

(5) A college or university that offers training in licensure classes other than "D".

(W) "Dual control brake" means two devices in a single motor vehicle, either of which will safely stop the motor vehicle. One device shall be a brake operated by the driver of the motor vehicle. The second device shall be a brake that can be operated by the front seat passenger of the motor vehicle.

(X) "Enterprise", "driver training enterprise", or "business enterprise" means a person, as defined in section 1.59 of the Revised Code, who operates a school, as defined in this chapter, for the training of persons in the operation of motor vehicles using public streets or highways or an online driver education program.

(Y) "Instructor" means any person, whether acting for self as operator of a driver training school or for such a school, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons learning to operate or drive motor vehicles.

(Z) "Manager's course" means a course of instruction designated by the director to train driver training school authorizing officials and training managers to instruct a school's instructors and to administer the operations of a school or driver training enterprise.

(AA) "Office" means a room used for conducting school business and storing school records which meets the requirements specified in rules 4501-7-02 and 4501-7-22 of the Administrative Code.

(BB) "Online driver education program" means a licensed driver training course that is the equivalent to in-person classroom instruction approved by the director and offered by an online provider. An online driver education program shall not be offered by driver training schools providing instruction for obtaining commercial driver's licenses.

(CC) "Online instructor" means a person who is available for curriculum content support for those students enrolled in an online driver education program. Curriculum content support may be provided through, but is not limited to, open forums, message boards, chat rooms, telephone support, or e-mail correspondences.

(DD) "Online provider" means a business that provides an online program of classroom instruction via the internet for the training of persons to operate Class "D" vehicles, including a driver training school as defined in paragraph (V)(2) of this rule.

(EE) "Original school application" means an application and all required supporting documents submitted by an enterprise or lead school district for a school that has not previously been licensed to operate a driver training school at that location, or an application for renewal received or postmarked after November thirtieth in a given calendar year for renewal of the school license for the calendar year which begins the following January first.

(FF) "Original instructor or training manager application" means an application and all required documents for a license for an instructor or training manager that is submitted by a person who has not previously been licensed as a driver training instructor or training manager, or an application for renewal of a person's driver training instructor or training manager license that is received by the director after December thirty-first in the calendar year that occurs one year after the date of expiration of the last license issued to that person.

(GG) "Ownership" means the legal right of possession; proprietorship.

(1) A change in ownership of an enterprise or school includes the conveyance by a partner of his interest in the partnership that results in the dissolution of the partnership.

(2) A change in ownership of an enterprise or school does not include the conveyance by a partner of his interest to another when such conveyance does not dissolve the partnership.

(HH) "Person" means an individual, corporation, business trust, estate, trust, partnership, or association as defined in section 1.59 of the Revised Code.

(II) "Person with a disability" or "disabled person" means any person who, in the opinion of the registrar of motor vehicles, is afflicted with or suffering from a physical or mental disability or disease that prevents the person, in the absence of special training or equipment, from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways. A person with a disability is not a person who is or who has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle. A student who is deaf is not a person with a disability for purposes of this chapter.

(JJ) "Range" or "driving range" means an off-highway site designed for training motor vehicle drivers that does not permit public traffic to pass through the site, except that ranges for commercial motor vehicles may include only other vehicles being used in training.

(KK) "Residence" means any dwelling used or occupied as living quarters, whether or not on a full-time basis. A residence does not include an unattached structure upon a residential property that has a separate means of ingress and egress.

(LL) "Training manager" or "manager" means a person designated by an authorizing official of a driver training enterprise to carry out orders, instruct, conduct the business and manage the training program of a school, and assess and supervise current and candidate instructors.

(MM) "Teacher's driving institute" means any educational institute operated or sponsored by a college or university for the purpose of training instructors in the field of driver education and training which offers credit hours or a certificate for satisfactory completion of a course that is comparable to the training provided by the department.

(NN) "Route sheet", as it applies to class "D" instruction, means a map or list of specific roads taken during a given behind-the-wheel lesson.

(OO) "Commercial driver license school" or "CDL school" means any school training students to operate a commercial motor vehicle for purposes of obtaining a class "A", "B", or "C" commercial driver licenses as defined in Chapter 4506. of the Revised Code.

(PP) Incorporated by reference. This chapter includes material that has been incorporated by reference. If the material is subject to change, only the specific version listed in this rule is incorporated. Any revision to the referenced material is not incorporated unless and until this rule has been amended to specify the new date.

(1) " 49 CFR 391.43 " or "Title 49 of the Code of Federal Regulations, Section 391.43 " (October, 2012) may be obtained at the "U.S. Government Printing Office, 732 N. Capital Street NW, Washington DC 20401" or via its website at http://www.gpoaccess.gov.

(2) "Certificate of Completion" is made available to licensed driver training enterprises, except for online driver training enterprises, and may be accessed via the driver training program office on-line application database at https://www.dps.ohio.gov/DriverTraining [File Link Not Available].

(3) "Certificate of Completion of an Online Driver Education Program" is made available to licensed online driver training enterprises and may be accessed via the driver training program office on-line application database at https://www.dps.ohio.gov/DriverTraining [File Link Not Available].

(4) "Certificate of Enrollment" is made available to licensed online driver training enterprises, and may be accessed via the driver training program office on-line application database at https://www.dps.ohio.gov/DriverTraining [File Link Not Available].

(5) "Digest of Motor Vehicle Laws" or "HSY 7607" (December, 2013) may be accessed via the bureau of motor vehicles' website at http://www.ohiobmv.gov/.

(6) "Driver Training Enterprise Application" or form "OTS 0116" (August, 2013) may be accessed via the driver training program office website at http://www.drivertraining.ohio.gov/schools.htm.

(7) "Driver Training Instructor License Application" or form "OTS 0115" (August, 2013) may be accessed via the Ohio driver training program website at http://www.drivertraining.ohio.gov/instructors.htm.

(8) "Examination Questions Test Bank" (April, 2013) is made available to licensed online driver training enterprises upon written request submitted to "Driver Training Program Office, 1970 West Broad Street, Columbus, Ohio 43223."

(9) "Ohio Driver Training Curriculum" or "OTS 0108" (August, 2013) and available through the driver training program office, 1970 West Broad street, Columbus, Ohio 43223.

(10) "Online Driver Education Security Assessment" or "OTS 0201 " ( August, 2013) may be accessed via the driver training program office website at http://www.drivertraining.ohio.gov/schools.htm.

(11) "Renewal requirements" are available through the driver training program's on-line application database at https://www.dps.ohio.gov/DriverTraining [File Link Not Available]

(12) "Required Minimum Standards for Online Driver Education" or form "CJS 0051" (May, 2013) may be accessed via the Ohio driver training program website at http://www.drivertraining.ohio.gov/.

Effective: 04/17/2014
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.01 to 4508.09
Prior Effective Dates: 1/7/67, 3/1/76, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04, 10/8/09, 10/10/13

4501-7-02 Place of business for a class "D" and online license school and office.

(A) Each driver training enterprise shall maintain an established place of business that is owned, leased or rented by that enterprise. A copy of the deed, lease, or rental agreement for the property used as the established place of business shall be kept on file with the enterprise records.

(1) Each driver training enterprise operating as a class "D" license school shall maintain at least one fixed geographical location at which a school is operated and at least one classroom where training is conducted. The enterprise shall also maintain at least one office in a fixed geographic location where records are kept.

(a) Any facility used for a class "D" driver training school shall be inspected and approved by the director prior to its use as a school.

(b) The use of a mobile or modular structure as a class "D" driver training school shall be prohibited unless the structure is installed on a permanent foundation.

(c) The place of business shall only be occupied by the driver training school during times of classroom instruction.

(2) Each driver training enterprise providing online driver education shall maintain at least one office at a fixed geographic location where records are kept.

(B) Neither a class "D" driver training school nor its office, nor the office of an enterprise offering only online driver education shall consist of a house, trailer, tent, temporary stand, post office box, rooming house or apartment. Neither a school, nor the office of an enterprise providing online driver education shall be located within a residence or a room in a hotel or motel. No driver training enterprise may share any office or any classroom with any other driver training enterprise unless the same person owns both enterprises.

(1) The office of a driver training enterprise shall have access to a computer, printer, e-mail and the internet. It shall have space adequate to maintain those records required to be kept. A driver training enterprise office shall have sufficient space to interview clients and to display the school license.

(2) The office of a class "D" driver training school shall:

(a) Have a permanent wall that sufficiently prevents distractions and noise in the classroom. If no permanent wall exists, the office shall remain closed during classroom instruction.

(b) Be located in the same county as, or in a county adjacent to, the school for which student records are being stored.

(3) A class "D" driver training school shall contain a classroom that:

(a) Will comfortably sit at least ten students and an instructor, and have sufficient space to contain tables and chairs or desk for all students;

(b) Is equipped with a variety of audio and/or visual training aids that support the course curriculum;

(c) Is reasonably free of visible and audible distractions and shall present an atmosphere adequate for learning;

(d) Has a clean and functional restroom that is available for student use within its facility;

(e) Conforms to all federal, state and local fire, building and safety regulations.

(4) The office of an enterprise providing online driver education shall:

(a) Have a person available for technical support during reasonable hours, which must be posted on the online driver education program website;

(b) Have an online instructor available for curriculum content support during reasonable hours, which must be posted on the online driver education program website.

(C) The driver training enterprise shall operate in compliance with all applicable local, state and federal laws.

Replaces: 4501-7-02

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , R.C. 4508.03
Prior Effective Dates: 1/7/67, 3/1/76, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04, 10/8/09

4501-7-03 Character and fitness for class "D" and online license schools.

(A) Any person connected in any manner with a driver training enterprise, including but not limited to an owner, partner, training manager, instructor, online instructor, or authorizing official, shall be of good character and reputation.

(B) The conviction of any of the above persons of any felonyor any misdemeanor , other than a minor misdemeanor, which is reasonably related to a person's ability to serve safely and honestly in connection with a driver training enterprise, shall be grounds to deny issuing or renewing a license or grounds for suspending or revoking a previously issued license.

(C) Every person connected in any manner with a driver training enterprise, including but not limited to an owner, partner, training manager, office manager, instructor, online instructor, or authorizing official, shall comply with all applicable state and federal laws which prohibit discrimination based upon race, color, national origin, sex, age, handicap, disability, ancestry or religion.

(D) The director may deny the issuance of a license to any person if the person applying for a license has had a driver training school, training manager, online instructor, or instructor license revoked or denied within the five years immediately preceding the current filing for an application.

After the five-year revocation period has lapsed, any training manager, online instructor, or instructor whose license has been revoked may apply for a license by following the training procedure set forth in rule 4501-7-05 of the Administrative Code. Granting of a license shall be based upon successful completion of the training procedure including an appropriate course approved by the director and no further violations of Chapter 4507. or Chapter 4508. of the Revised Code or the rules amplifying those chapters.

(E) No training manager or authorizing official shall knowingly permit any training manager, online instructor, or instructor of the enterprise who is physically or mentally unfit to be in contact with students.

(1) Any person who applies for or holds a driver training instructor's, online instructor's, authorizing official's school, or training manager's license shall submit to an examination of that person's physical or mental fitness when the director or the school's training manager or enterprise's authorizing official has evidence to believe the instructor, official, or manager may not be mentally or physically fit to instruct students or operate a motor vehicle.

(2) Any person who applies for or holds a driver training instructor's, online instructor's, or training manager's license shall notify the authorizing official of any driver training enterprise with which the person is affiliated of any injury, any physical or mental impairment, or any drug or medicine the person is taking that gives good cause to believe such injury, impairment, drug or medicine may affect that instructor's or manager's ability to drive or to effectively and safely instruct students or manage training.

(3) The authorizing official is responsible for maintaining records for an online instructor, a training manager and/or instructor's behavioral problem(s) that give good cause for the belief that the online instructor, training manager and/or instructor could be physically or mentally unfit to perform their duties. The authorizing official is also responsible for maintaining records of disciplinary actions taken to correct such behavior in the instructor's file.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , R.C. 4508.03 , R.C. 4508.04
Prior Effective Dates: 1/7/67, 3/1/76, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 10/08/09

4501-7-04 Application for and renewal of class "D" and online school licenses.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) No person shall establish a driver training enterprise or allow such an enterprise to continue unless the authorizing official first applies for and obtains from the director a license for a driver training school. The authorizing official shall ensure the driver training school, its business enterprise, and its instructors and training managers operate in compliance with Chapter 4508. of the Revised Code and Chapter 4501-7 of the Administrative Code, as well as all other applicable local, state, and federal laws. No motorcycle training or motorcycle safety program is administered under this chapter of the Administrative Code.

(B) Each authorizing official applying for a school license shall submit the "Driver Training Enterprise Application" in writing to the department.

(C) No driver training enterprise established after July 1, 2001, may share the same name as any other driver training enterprise unless the same person owns both.

(D) The director issues driver training school licenses. An authorizing official may apply for one or both of the following types of driver training school licenses:

(1) Class "D" license school, which offers traditional classroom instruction and behind-the-wheel training that complies with the requirements of division (C) of section 4508.02 of the Revised Code;

(2) Online school license, which offers a course of study via the internet, that is the content equivalent of the classroom instruction offered by a class "D" school.

(E) An online provider may be, but is not required to be, affiliated with a class '"D" driver training school. Online providers shall provide a link to the driver training website https://www.dps.ohio.gov/drivingschools [File Link Not Available]. The link shall give the student easy access to the list of approved driver training schools in Ohio.

(F) Each authorizing official applying for an original class "D" school license shall:

(1) Include an application fee of two hundred fifty dollars;

(2) Submit a criminal background check, provided by a government agency, containing information from Ohio and all other states about the authorizing official and owner. The criminal background check shall be dated no more than ninety days prior to the date the "Driver Training Enterprise Application" is received by the director.

(3) Submit a copy of the training manager's certificate of training showing the training manager has completed, within the past ten years, a driver training school manager's course approved by the director;

(4) Complete and submit the "Driver Training Enterprise Application." Within the application, the authorizing official, at a minimum, shall:

(a) Identify the person or persons who will serve as the authorizing official for the school; and

(b) Certify the driver training enterprise will be operated in compliance with all applicable local, state, and federal laws.

(G) Each authorizing official applying for an original online school license shall:

(1) Include a fee of eight hundred fifty dollars, which includes;

(a) Two hundred fifty dollar application fee; and

(b) Six hundred dollars for review of the assessment and online driver education program;

(2) Submit a criminal background check, provided by a government agency, containing information from Ohio and all other states about the authorizing official and owner. The criminal background check shall be dated no more than ninety days prior to the date the "Driver Training Enterprise Application" is received by the director;

(3) Submit evidence of expertise in providing driver education and/or driver training which may include, but is not limited to, proof of prior or current driver's education and/or training certification or licensure issued in Ohio or another state. The director may consider all evidence provided;

(4) Complete and submit the "Driver Training Enterprise Application." Within the application, the authorizing official, at a minimum, shall:

(a) Identify the person or persons who will serve as the authorizing official for the school; and

(b) Certify the driver training enterprise will be operated in compliance with all applicable local, state, and federal laws.

(5) Submit the complete proposed online driver education program in written format and include full access to the proposed internet based website or portal for review;

(6) Complete and submit the "Online Driver Education Security Assessment." The assessment shall be signed and notarized.

(H) An original online school license may be issued to the applicant based on all licensing requirements and the following:

(1) The online program has met an "Acceptable" rating for all requirements as prescribed by the director and set forth in the "Required Minimum Standards for Online Driver Education";

(2) The online program has not been denied a license by the director within one year of the date of an original application filing.

(I) The authorizing official for an online school shall provide the director with an assessment describing any significant system changes for approval within thirty days of enabling the specific changes.

(J) Each original class "D" school license and each online school license expires on December thirty-first of the year it is issued and each license may be renewed.

(K) Each authorizing official applying for a renewal of a class "D" school license shall:

(1) Pay an application fee of fifty dollars; and

(2) Meet the "renewal requirements."

(L) Each authorizing official applying for a renewal online school license shall:

(1) Pay an application fee of fifty dollars; and

(2) Meet the "renewal requirements."

(M) Each authorizing official for a school, as specified in paragraph (D) of this rule, shall ensure the department receives the "renewal requirements" by or that it is postmarked no later than November thirtieth of the year the license expires.

(N) If the "renewal requirements" are not postmarked or received by the director by November thirtieth of each year, the authorizing official shall submit a new "Driver Training Enterprise Application" for an original school license in accordance with paragraph (F) or (G) of this rule, whichever is applicable.

(O) No authorizing official shall change the school's name, ownership, or school location without prior notification to the director.

(1) Any person to whom the ownership is conveyed of a driver training enterprise shall submit a new "Driver Training Enterprise Application" in accordance with paragraph (F) or paragraph (G) of this rule, whichever is applicable. The application for an original license shall be submitted to and approved by the director.

(2) Any person to whom an interest in ownership is conveyed that does not constitute a change of ownership as defined in rule 4501-7-01 of the Administrative Code shall submit a new "Driver Training Enterprise Application" for the conveyance of interest to the director along with the documents required in paragraphs (F)(2) and (F)(4) or (G)(2) and (G)(4) of this rule, whichever is applicable to the enterprise.

(3) No fees will be assessed for changing the location of a school or the name of a driver training enterprise.

(P) All license fees shall be in the form of a check or money order made payable to the treasurer of the state of Ohio.

(Q) No person shall submit the "Driver Training Enterprise Application" or "renewal requirements" that are incomplete or incorrect or which contain false or misleading information. An incomplete, incorrect, false, or misleading "Driver Training Enterprise Application" or "renewal requirements" may be rejected, returned to the applicant, or denied.

(R) If a driver training enterprise or school closes or discontinues business for any reason, the authorizing official shall return the school license to the director immediately.

Effective: 04/17/2014
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.01 , 4508.02 , 4508.03 , 4508.05 , 4508.09
Prior Effective Dates: 1/7/67, 1/1/80, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01, 10/8/09, 10/10/13

4501-7-05 Applications and renewal of licenses for instructors and training managers of class "D" and online license schools.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 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. Instructor candidates completing the forty-hour training requirement may student teach with the training manager supervising from the back seat.

(B) Training managers shall be licensed instructors and shall have completed a course approved by the director for driver training school managers.

(C) Each person applying for a driver training instructor, online instructor or training manager license shall submit the "Driver Training Instructor License Application" in writing to the department . Original applications for driver training instructor, online instructor, or manager licenses shall include:

(1) A fee of twenty-five dollars in the form of a check or money order made payable to the treasurer of the state of Ohio.

(2) A criminal background check, provided by a government agency, containing information from Ohio and all other states about the applicant. The background check shall be dated not more than ninety days prior to the date the director receives the "Driver Training Instructor License Application."

(3) Two passport type photographs of the applicant that measure two by two inches square showing neck, shoulders, full face and uncovered head and taken not more than sixty days prior to the date of the application. Photographs shall not be permanently attached to any material. Photocopies or photographs cut from other identification badges or cards will not be accepted. The photographs will be used to create a pictured license issued by the director.

(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 other than a commercial motor vehicle or a motorcycle.

(6) Except for an online instructor, proof the applicant has completed, within the ten years immediately preceding the application for an instructor license, an approved forty-hour instructor's course in driver training on a form prescribed by the director or 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 a driver training instructor license. The forty-hour instructor's course in driver training shall have been provided by one of the following:

(a) College or university,

(b) Teacher's driving institute,

(c) Program approved by the department,

(d) Licensed driver training school under the direction of a licensed training manager.

(7) Within ten years immediately preceding the "Driver Training Instructor License Application" for an online instructor license, evidence the applicant has completed an online instructor program approved by the director.

(8) Except for an online instructor, a statement from a licensed physician shall be presented with the "Driver Training Instructor License Application" on a form prescribed by the director and shall have been completed no more than one year prior to the date the director receives the "Driver Training Instructor License Application."

(9) The signature of the enterprise's authorizing official.

(10) The enterprise or organization that completed the training shall maintain, for three years, records of the instructors and training managers trained. Dates, times, and curriculum used for such training shall be kept on file for inspection.

(D) Every training manager applicant shall submit proof the manager applicant has completed a course for driver training school managers that has been approved by the director.

(E) All instructor, online instructor, and training manager licenses expire on December thirty-first of the year the license is issued, and a license may be renewed annually upon completion of the "renewal requirements."

(F) All instructor, online 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.

(G) 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.

(H) Each applicant seeking renewal of an instructor's, online instructor's, or manager's license shall include:

(1) A fee of ten dollars 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 the abstract shall show the applicant has a current and valid license to operate a motor vehicle.

(3) Two passport type photographs of the applicant that measure two by two inches square, showing neck, shoulders, full face and uncovered head and taken not more than sixty days prior to the date of the submission of the renewal requirements. Photographs shall not be permanently attached to any material. Photocopies or photographs cut from other identification badges or cards will not be accepted. The photographs will be used to create a pictured license issued by the director.

(4) The signature of the authorizing official of the driver training school with which the applicant is affiliated.

(I) Each applicant for a driver training instructor's, online instructor's, 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 for any felony, within ten years of the date of application; or a conviction for any misdemeanor , other than a minor misdemeanor, within five years of the date of application, which is reasonably related to the applicant's ability to serve safely and honestly in connection with a driver training enterprise .

(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.

(J) In addition to the requirements set forth in paragraph (I) of this rule, an applicant for a driver training manager license shall also demonstrate that the applicant has held a valid class "D" driver instructor license, or the equivalent in another state, for at least three years.

(K) 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 criminal charge specified in paragraph (I)(4) of this rule.

(L) 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 criminal charge listed in this rule.

(M) The director may refuse to issue or renew, or may suspend, revoke, or place on probation the 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.

(N) The director may refuse to issue or renew, or may suspend, revoke, or place on probation a 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.

(O) 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.

(P) Every licensed instructor applying for an endorsement to teach driver training to persons with a disability shall submit the "Driver Training Instructor License Application" in writing to the director. Such application shall be accompanied by a certificate of successful completion of a course approved by the director for training drivers with a disability. In order to maintain current certification, an instructor shall show proof the instructor has received continuing education every three years in training drivers with a disability.

(Q) No authorizing official or training manager shall allow a person to instruct driver training unless the person has applied for and obtained an instructor's or online instructor's license in the manner and form prescribed by the director.

(R) Every training manager shall complete a pre-approved advanced training course once every three years and shall, 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 the course shall be 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 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.

(S) The director may amend the "Driver Training Instructor License Application" form at any time.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03 , 4508.04 , 4508.05
Prior Effective Dates: 1/7/67, 3/1/76, 11/23/78, 10/26/79, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 7/11/97, 10/4/01, 1/8/04, 10/8/09

4501-7-06 Qualifications for instructing persons with a disability for class "D" license schools.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) No school shall offer behind-the-wheel training programs for persons with a disability unless that school employs a driver training instructor who is certified by the director to provide training for persons with a disability. No instructor shall provide behind-the-wheel training to a student with a disability unless that instructor has been certified by the director to train persons with a disability.

To maintain such endorsement, any disability endorsed instructor shall take a continuing education course approved by the director every three years.

(B) A medically based hospital or rehabilitation facility that offers instruction for beginning drivers with a disability shall appoint an authorizing official who shall apply for a driver training school license for each driver training facility or school it operates. The school may offer only behind-the-wheel driver training and may refer students under the age of eighteen to another licensed driver training school for the required classroom instruction. The school shall also employ instructors certified to provide driver training instruction for beginning drivers with a disability, and only certified instructors may provide driver training.

(1) The authorizing official or training manager of the driver training school at a hospital or rehabilitation facility shall maintain complete records of each student's training at that school. Except for those students who are currently enrolled in or have completed training in an online driver education program, and if the school is operated by a hospital or rehabilitation facility that does not supply the required classroom training, the authorizing official or training manager shall copy all records produced at that school for students under the age of eighteen taking behind-the-wheel training and forward those records to the driver training school that will complete each student's instruction required by division (C) of section 4508.02 of the Revised Code. The authorizing official or training manager of the driver training school in which a student under eighteen completed classroom training shall, upon the official's or manager's determination of the student's successful completion, issue the student a certificate of completion. Each school's authorizing official or training manager shall maintain complete driver training records applicable to this student, including copies of those completed by another school for the same student. For those students who have completed driver education as required by division (C) of section 4508 .02 of the Revised Code in an online driver education program, the hospital or rehabilitation facility that provides the behind-the-wheel instruction shall supply a "Certficate of Completion" compliant with rule 4501-7-11 of the Administrative Code.

(2) The medically based hospital or rehabilitation facility shall have sufficient space for storing files. If classroom driver training is not being provided at the medically based hospital or rehabilitation facility, the requirement for a classroom is waived for this type of facility. The facility shall comply with all other requirements of a driver training school under Chapter 4501-7 of the Administrative Code.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.01 , 4508.02 , 4508.03 , 4508.04
Rule Amplifies: R.C. 4508.02
Prior Effective Dates: 10/4/01, 10/8/09

4501-7-07 Employees of the department and a class "D" or online license school.

No employee of the department shall be connected in any capacity whatsoever with any driver training enterprise.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , R.C. 4508.03 , R.C. 4508.04
Prior Effective Dates: 1/7/67, 12/1/80, 2/29/88, 9/4/91(Emer.), 12/21/91, 7/1/97, 10/4/01, 10/8/09

4501-7-08 Insurance and bonding for training the operation of class "D" motor vehicles.

(A) Except for a driver training school providing only online instruction, the authorizing official shall maintain financial responsibility for the operation of all motor vehicles used for instruction as specified in Chapter 4509. of the Revised Code. Such insurance coverage shall be acquired from a company licensed to do business in this state and shall be maintained as long as the driver training enterprise is operating a driver training school. Proof of the insurance coverage required by this rule shall be maintained in the school office and with all motor vehicles used for instruction, and the certificate of insurance shall be available for inspection during reasonable hours.

(B) Except for a driver training school providing only online instruction, insurance coverage shall be maintained in the following minimum limits as provided in either paragraph (B)(1) or (B)(2) of this rule, and these limits shall be listed on the certificate of insurance:

(1)

(a) One hundred thousand dollars for bodily injury to or death of one person in any one crash;

(b) Three hundred thousand dollars for bodily injury to or death of two or more persons in any one crash;

(c) Twenty-five thousand dollars for injury to property of others in any one crash;

(d) Five thousand dollars medical payments for each occupant;

(e) Uninsured motorist coverage at least equal to the bodily injury coverage required in paragraphs (B)(1)(a) and (B)(1)(b) of this rule.

(2)

(a) Four hundred thousand dollars combined single limit liability coverage;

(b) Twenty-five thousand dollars for injury to property of others in any one crash;

(c) Five thousand dollars medical payments for each occupant;

(d) Uninsured motorist coverage at least equal to the bodily injury coverage required in paragraph (B)(2)(a) of this rule.

(C) Except for a driver training school providing only online instruction, failure to maintain the required insurance, including the record of current coverage as required by this rule, may result in the suspension or revocation of an authorizing official's driver training school license.

(D) Students with a disability providing motor vehicles for their own instruction shall, before such motor vehicle is used for any behind-the-wheel instruction, provide proof of insurance or other financial responsibility that indicates compliance with Chapter 4509. of the Revised Code.

(E) No driver training school license will be issued or renewed until the authorizing official certifies that the enterprise maintains a continuous performance bond for each of its schools in an amount sufficient to cover the cost of reimbursing students for training not supplied. Such bond shall be no less than ten thousand dollars for the first school licensed by the enterprise and an additional two thousand dollars for each additional school licensed by the same enterprise. In lieu of a performance bond, an enterprise may maintain an escrow account sufficient to cover the cost of reimbursing students for instruction and/or services not supplied. The amount for such shall be based on the number of students trained by the enterprise or number of students anticipated to be trained by the enterprise. The performance bond or escrow account shall continue in force as long as the enterprise operates a school or as long as the enterprise has students to whom it is contractually obligated.

(1) The current and valid performance bond or evidence of an escrow account shall be maintained at the school office and filed as a part of the school records and made available upon request. Such bond or escrow account shall be obtained by the enterprise from a company authorized to do business in this state specifying that such enterprise shall not practice any fraud or make any fraudulent representation which may cause a monetary loss to a person taking instruction from the enterprise.

(2) The bond or escrow account shall include the enterprise name, the amount of the bond or escrow account, the effective date, and the period of coverage.

(3) The bond or escrow account shall name the department of public safety and the state of Ohio as obligees and shall stipulate that the director shall be notified ten days before the bond or escrow account terminates due to its expiration or cancellation for any reason or before the bond or escrow account is reduced in value.

(4) The above bond or escrow account is required of each licensed school but does not apply to a driver training school operated under the authority of the state of Ohio or any political subdivision approved by the director.

(5) Failure to maintain such performance bond or escrow account, including the record of bond or escrow account required by this rule, during any portion of the licensure period may result in suspension or revocation of an authorizing official's driver training school license.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , R.C. 4508.03 , R.C. 4508.09
Prior Effective Dates: 1/7/67, 3/1/76, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 10/8/09

4501-7-09 Driver education.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

Driver education courses for beginning drivers, who are between fifteen years and five months of age and eighteen years of age, may be delivered in a classroom or via an online program to satisfy the requirements as provided for in division (C) of section 4508.02 of the Revised Code.

(A) The following requirements apply to all driver education courses, instructors, and training managers, as applicable, who provide instruction to beginning drivers who are between the ages of fifteen years and five months and eighteen years of age shall meet the following.

(1) No student will be accepted for driver education before attaining the age of fifteen years and five months without approval from the director;

(2) The program shall be based on the principles of and cover, at a minimum, the body of knowledge contained in the "Ohio Driver Training Curriculum." The program shall include no less than twenty-four hours of driver education;

(3) The instruction shall consist of no less than sixty minutes of instruction for each hour credited toward completion of the required training;

(4) The instruction shall include dissemination of materials regarding anatomical gifts and anatomical gift procedures as specified in section 4508.021 of the Revised Code that are created or approved by the second chance trust fund advisory committee created under section 2108 .17 of the Revised Code;

(5) The instruction shall include the dangers of driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication;

(6) It shall be the responsibility of the driver training enterprise offering the driver education instruction to determine each student's successful completion by means of a comprehensive final examination measuring driver knowledge.

(a) No final examination shall permit the student being tested to refer to any materials that may contain answers to the questions thereon;

(b) Student knowledge measured by the final examination shall be representative of the entire scope of knowledge of the driver training curriculum and of motor vehicle laws. These laws are summarized in the "Digest of Motor Vehicle Laws";

(c) Ensure the student answers seventy-five per cent or more of the questions comprising the final examination correctly in order to constitute a successful completion of the driver education course. If a student fails the exam, the student may be offered no more than two additional opportunities to pass without further education. Students may not be provided a final examination less than twenty-four hours from the last attempt;

(7) Not more than nine hours nor fewer than three hours of driver education shall be devoted to showing educational videos, slides or films that relate to driver training. No videos, slides or films, or activities unrelated to safe driving practices, driver knowledge, or driver skill shall be used;

(8) All training as required in this rule and rule 4501-7-10 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. Those mitigating circumstances shall be documented in the student's record.

(B) In addition to the requirements for class "D" licensed schools listed in paragraph (A) of this rule, driver training courses for beginning drivers, shall also meet the following requirements:

(1) Students shall be taught and supervised by a licensed instructor. Licensed instructors shall instruct students only under the authority and guidance of a licensed driver training school;

(2) The classroom environment shall be maintained in a manner that is conducive to learning. In maintaining an environment that is conducive to learning, the school shall give consideration to the appropriate class size, appropriate methods of maintaining discipline, and any other relevant factors;

(3) 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 permitted a break at the approximate mid-point of the lesson;

(4) Current textbooks or workbooks, as defined in paragraph (O) of rule 4501-7-01 of the Administrative Code, or other materials used for classroom instruction shall be available to every student taking that instruction. Instructional materials referenced during classroom instruction shall be provided for each student;

(5) A student absent from a training session shall make up the segment of the training that was missed prior to receiving a certificate of completion;

(6) In addition to requirements in paragraph (A)(6) of this rule, it shall be the responsibility of the training manager and the instructor to provide each student with a final examination at the completion of classroom instruction.

(a) The final examination shall be administered and graded in-person by a licensed instructor. Only examinations approved by the director may be used. Accommodations shall be made for the final examination to assist students with confirmed learning difficulties.

(b) The student may not re-take an exam that the student had previously taken and failed.

(c) The record of all final examinations given shall include the date the test was given, the student's score, the name and signature of the instructor who administered and graded the test, and the student's name and signature.

(d) The school's training manager or authorizing official shall store the results of such measurements and maintain the results in the school office for three years.

(C) In addition to the requirements listed in paragraph (A) of this rule, online driver education courses for beginning drivers, who are between fifteen years and five months of age and eighteen years of age, shall meet the following requirements:

(1) Student curriculum and content based questions and/or comments shall be responded to by an online instructor. This includes, but is not limited to, responses to message boards, chat rooms, e-mails and telephone calls;

(2) Any reference material required for the student to complete the online instruction must be provided to the student prior to the start of the online instruction;

(3) Students shall receive a "Certificate of Enrollment" after completing two hours of online internet based instruction. The two hours shall not include the time spent for registration;

(4) Each student successfully enrolled in an online driver education course shall be provided with a username and password. This username and password shall be required for each time the student logs into the program;

(5) All instruction provided by the online provider must have measures in place that prevent a student from completing more than four hours instruction in a twenty-four hour period;

(6) No student shall be given more than four hours of training in an online driver education program within a twenty-four hour period. Students shall be provided with a break in instruction after two consecutive hours of training. The break shall be documented and recorded;

(7) Personal validation questions shall appear periodically throughout the entire course and at a minimum shall appear once during the final examination. The student shall answer correctly the personal validation question within sixty seconds for the questions presented over the internet. The student shall have no more than one additional opportunity to answer another validation question if the student fails to answer correctly the first question. Failure to answer both validation questions correctly shall lock the student out of the program for twenty-four hours.

(8) The online driver education program shall provide a final examination at the completion of the program. All final examinations shall be given during the online provider's operational hours and an online instructor shall be available during this time. In addition to the requirements in paragraph (A)(6) of this rule, final examinations shall:

(a) Include fifty questions that have been randomly drawn from the "Examination Questions Test Bank." No question shall appear more than once per final examination;

(b) Not identify the correct answer of a final examination question to the student until the entire test has been completed and submitted;

(9) Any modifications made to the online instruction, including but not limited to, design, quizzes, activities, modules, content, law updates or resources must be approved by the director prior to being placed into production.

(10) In order to meet the standards set forth in division (A)(2)(a) of section 4508.02 of the Revised Code, an online provider must meet all security controls included in the "Online Driver Education Security Assessment."

Replaces: 4501-7-10, in part

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.c. 4508.02
Rule Amplifies: R.C. 4508.02 and 4508.03
Prior Effective Dates: 1/7/67, 3/1/76, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 7/31/03, 1/8/04, 10/8/09

4501-7-10 Driver training in the operation of Class "D" motor vehicles.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 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 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 shall 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 wear, in a conspicuous location, an identification card. The identification card shall display a clear photo of the instructor's face, the instructor's name and the name of the driver training school for which the instructor is working;

(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 shall include no less than eight hours of driver training for each student;

(6) Behind-the-wheel instruction shall consist 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 received at least two hours of classroom instruction. No instructor shall give a student who is enrolled in an online program, behind-the-wheel instruction without receiving a certificate of enrollment issued by the online provider;

(8) Class "D" instructors shall take a break from instruction at least every four hours;

(9) A student's good-faith effort made during the full eight hours of skills training shall constitute 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. Those mitigating circumstances shall be documented in the student's record.

(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 shall remain standing outside the vehicle in a position where the instructor can continue to directly observe the operation of the motor vehicle, and the instructor shall 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 shall be prohibited. No eating or drinking by students shall be 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 permitted a 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.

Replaces: 4501-7-10, in part

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4509.02
Rule Amplifies: R.C. 4508.02 , 4508.03
Prior Effective Dates: 1/7/67, 3/1/76, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 7/31/03, 1/8/04, 10/8/09

4501-7-11 Certificates.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) The director shall supply the certificates as required by division (E)(2) of section 4508.02 of the Revised Code and shall maintain a record of all certificates supplied to each online provider. This record will include the name of the enterprise and the date the certificates were supplied. The certificates will be supplied to a licensed online enterprise and shall not be transferred to or issued by any other enterprise.

(1) Online providers shall issue a "Certificate of Enrollment" to a student who has successfully enrolled and has completed at least two hours of online instruction. No authorizing official shall issue a certificate before the student has completed at least two hours of actual online instruction.

(2) Online enterprises shall issue a "Certificate of Completion of an Online Driver Education Program" for a student who has successfully completed the online driver education program. No authorizing official shall issue a certificate prior to the student completing every module and passing the final examination of the online driver education program.

(3) The authorizing official shall issue certificates to students in numerical sequence.

(4) Certificates shall be logged and printed by the online provider through the online system managed by the department.

(B) The director shall supply "Certificate of Completion" for the course of training required by division (C) of section 4508.02 of the Revised Code and shall maintain a record of all certificates supplied to each enterprise. This record will include the name of the enterprise and the date the certificates were supplied. The certificates will be supplied to a licensed enterprise and shall not be transferred to or issued by any other enterprise.

(1) Except for an online enterprise, driver training enterprises shall issue a "Certificate of Completion" to a beginning driver who is under the age of eighteen and who has successfully completed the classroom, or equivalent program of instruction with an online provider and the behind-the-wheel training required by division (C) of section 4508.02 of the Revised Code.

(2) The authorizing official shall issue certificates to students in numerical sequence based upon the date a student completed the training. No authorizing official or training manager shall issue a certificate before the student had completed all required training.

(3) Certificates shall be logged and printed by the enterprise through the on-line system managed by the department.

(C) When the authorizing official or training manager determines that a certificate must be voided, the box for "void" shall be marked on the online system.

(D) In the event a certificate is lost or stolen after being issued to a student, the student may obtain a new certificate from the driver training enterprise that issued it. The student shall first complete a request for a new certificate on a form supplied by the director explaining the theft or loss. This form shall be signed by the student and parent or legal guardian. The completed request from the student shall be retained by the enterprise and maintained in the school files. The training manager or authorizing official, or a designee, shall mark the box for "duplicate" and issue the new certificate via the online system. No driver training school may charge a fee for a replacement certificate that exceeds the actual cost of preparing the certificate requested.

(E) No certificate may be sent electronically. An authorizing official or training manager of the school who issues the certificate shall sign each certificate. If an instructor, authorizing official, or manager permits the use of a stamped or electronically produced signature, that instructor, official, or manager shall be responsible for securing the stamp or electronic means, and that instructor, official, or manager shall be responsible for any document on which that instructor's, official's, or manager's signature is produced.

(F) When a driver training enterprise closes for any reason, including a license suspension or revocation, the director shall make all unused certificates inaccessible to the enterprise.

Replaces: 4507-7-13, in part.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03
Prior Effective Dates: 1/7/67, 3/1/76, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04, 10/8/09

4501-7-12 Class "D" and online license school training agreements.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) A signed written agreement shall be established between the student and the student's parent or legal guardian and the driver training enterprise prior to the start of any training. Verbal agreements are prohibited. A signed copy of the written agreement shall be maintained in the school office files for a period of three years.

(B) All written agreements shall contain the following:

(1) The full address where the classroom instruction will be given. Online providers shall use the office address of the company and its website address;

(2) The student's date of birth if the student is a beginning driver under the age of eighteen.

(3) All charges for the training course stated clearly.

(4) Except for a driver training school providing only online instruction, a statement whether the use of an enterprise-owned vehicle for the license examination is included in the charges, and if not included, any additional charge for this service.

(5) The number of classroom or online driver education hours to be provided. If the student entering the agreement is a beginning driver and less than eighteen years old, the enterprise shall agree to provide at least twenty-four hours of classroom instruction based on the "Ohio Driver Training Curriculum."

(6) The number of behind-the-wheel instruction hours to be provided by an enterprise other than an online driver education program. If the student entering the agreement is a beginning driver less than eighteen years old, the enterprise shall agree to provide at least eight hours of behind-the-wheel instruction based on the "Ohio Driver Training Curriculum."

(7) The signature of an authorizing official, training manager, or instructor and the date such signature was made.

(8) The signature of the student and for a student under eighteen years old, the signature of the student's parent or legal guardian, and the date each signature was obtained. An online enterprise shall develop and maintain the means to reasonably authenticate the parent's identity. This may be accomplished by a combination of the following:

(a) Third-party database authentication;

(b) Bio-metric authentication; or

(c) Other secure means that are based on emerging technologies and allow for reasonable assurance that the parent's identity is authenticated.

(9) A declaration of the date by which the complete program of training will be made available to the student. This date shall be no more than six months from the date the driver training begins.

(10) The statement, "Driver training schools are licensed by the Department of Public Safety through the Driver Training Program Office, 1970 West Broad Street, Columbus, Ohio 43223."

(11) A declaration of the conditions under which refunds may be made. If refunds are not made, the agreement shall clearly state that the enterprise makes no refunds.

(C) A declaration of conditions under which a student may be denied training may be included in the training agreement.

(D) A signed copy of the agreement shall be given to the student, or to a parent or legal guardian, if the student is under the age of eighteen, on the day that it is executed.

(E) For a student enrolled in an online driver education program, an agreement must be established between the student, parent or guardian, and an enterprise offering the behind-the-wheel training. Verbal agreements are prohibited. Except for paragraph (B)(6) of this rule, all other requirements in this chapter apply to the agreement.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03
Prior Effective Dates: 1/7/67, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01, 1/8/04, 10/8/09

4501-7-13 Records for online and class "D" licensed schools.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) Each licensed school shall maintain the following records for three years from the date the record was finalized.

(1) For a class "D" licensed school, a record of the material taught for each student in each training session, regardless of whether the student has completed all training.

(a) The record shall include the student's name and address; driver license or permit number and, if applicable, its validation date; the date of each training session; and the starting time, and the ending time for each session the student completed;

(b) Each behind-the-wheel session notation shall be signed or initialed by the student;

(c) The instructor who provided the instruction for each behind-the-wheel session shall initial the record and record the instructor's license number for each session;

(d) The training manager or a licensed instructor shall sign the final record. The signature of the training manager or instructor shall confirm all training has been successfully completed;

(e) A distinct record shall be kept for classroom instruction, and a distinct record shall be kept for behind-the-wheel training.

(2) In addition to paragraph (A)(1) of this rule, a class "D" licensed school shall also maintain:

(a) The record for each student who is less than eighteen years of age shall include the following notations, if applicable to the student:

(i) That the student received all classroom instruction or the equivalent online instruction as required by this chapter and division (C) of section 4508.02 of the Revised Code;

(ii) That the student has satisfactorily completed the behind-the-wheel instruction required by this chapter and division (C) of section 4508.02 of the Revised Code;

(iii) The student's score on any examination of knowledge required by rule 4501-7-09 of the Administrative Code;

(iv) A record of the "Certificate of Completion" issued including its number and the date of issue.

(b) A record of every driver training certificate of completion issued by the enterprise to students under eighteen years of age. This record shall be maintained in a manner prescribed by the director;

(c) A copy of the training agreement between the enterprise and each student trained;

(d) The completed and signed final training record which has been given to each student upon completion of the training;

(e) A record of each training session administered by the school including the date, time, topic of instruction, instructor of record, and complete roster of the students attending such session;

(f) A record of every student's proof of completion for instruction obtained through an online provider. This record shall be maintained in a manner prescribed by the director;

(g) A record of the schedule for behind-the-wheel instruction for each instructor that includes the date, time and student name for each lesson;

(h) An annual assessment for all instructors performed by the training manager and are in a written format pre-approved by the director. The assessments shall be maintained in the instructor's file.

(3) For an online licensed school, the records shall include, at a minimum;

(a) The student's name and address;

(b) The date the student started and date the student completed the program;

(c) The start time and end time of each module of the online program;

(d) The agreement between the enterprise and each student trained;

(e) A record of the "Certificate of Enrollment" and "Certificate of Completion of an Online Driver Education Program" issued by the online provider to students under eighteen years of age. This record shall be maintained in a manner prescribed by the director;

(f) A record of every student's proof of completion for instruction.This record shall be maintained in a manner prescribed by the director.

(g) The online provider shall create and maintain the records for each examination provided to each student. The school shall ensure that the record for each examination includes:

(i) All of the questions asked and the student's responses;

(ii) The name or identity of the online instructor entering comments or responding to questions during each final examination.

(B) In addition to student records listed in paragraph (A) of this rule, all driver training enterprises or schools shall maintain a permanent file of the following records:

(1) A copy of each instructor's current license.

(2) A complete copy of the driver training curriculum used by the school and any supporting textbooks, articles, or other sources of driver training information used for the classroom, online equivalent or behind-the-wheel instruction.

(3) The current school license. A copy shall be stored in the files maintained by the enterprise and shall be made available to any person upon request. Except for an online driver training program, the original school license shall be posted in the school in a conspicuous location where any person who enters the school can see it. If a license cannot be posted at the school, the license, or a copy thereof, shall be carried to each training session provided in that school.

(4) The enterprise or organization that completed the training shall maintain the records of the instructors. Dates, times, location of training and curriculum used shall be kept on file for inspection.

(5) A valid and current continuous performance bond covering the enterprise's obligations to provide student instruction as set forth in paragraph (E) of rule 4501-7-08 of the Administrative Code.

(C) In addition to student records listed in paragraph (A) of this rule, all driver training enterprises or schools, with the exception of driver training schools who solely provide online instruction, shall maintain a permanent file of the following records:

(1) A copy of authorization from the department for instructors employed by that enterprise to train persons with disabilities;

(2) A certificate of insurance verifying an active policy covering each vehicle used by the enterprise or its instructors for driver training with limits set forth in paragraph (B) of rule 4501-7-08 of the Administrative Code;

(3) The enterprise or organization that completed the training shall maintain the records of the training managers trained for three years. Dates, times, location of training and curriculum used shall be kept on file for inspection.

(D) All of the documents listed in this rule shall be kept accurately and stored in a file in the office of the school or office for the online enterprise. These documents shall be furnished upon request to the director.

(E) If a school closes or an enterprise discontinues business for any reason, the authorizing official or training manager shall advise the director in writing at least thirty days prior to closing where the school's records will be stored.

(F) The instructor's license, or a photocopy of the license, shall be maintained by the instructor, and by each enterprise for which the instructor trains. The license, or a photocopy thereof, shall be kept in the instructor's possession at any time the instructor is training students.

(G) No person shall falsify, alter, or in any manner tamper with any records required to be kept by this chapter.

(H) All records required to be maintained by an enterprise under the rules of this chapter, including those maintained on a computer database, shall be kept in a school's designated office that conforms to the standards under this chapter. The authorizing official or training manager shall make all records available for inspection by the director. The authorizing official or training manager shall make all applicable records available for inspection by a student and/or the student's parent or legal guardian at any and all reasonable times. Any records required to be maintained which are in a computer database shall be accessible and capable of being distinguished from non-related records.

Replaces: 4501-7-13

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03
Prior Effective Dates: 1/7/67, 3/1/76, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04, 10/8/09

4501-7-14 Vehicles used to train the operation of motor vehicles other than commercial motor vehicles.

(A) Every driver training enterprise that provides students with behind-the-wheel instruction in the operation of motor vehicles shall supply all equipment necessary to give the required instruction for operating motor vehicles, except that a student with a disability may provide a motor vehicle that is specially equipped for that student's disability.

(B) Every motor vehicle used to provide behind-the-wheel instruction shall be maintained in safe mechanical condition and shall be in compliance with all applicable provisions of Chapter 4513. of the Revised Code.

(C) Safety belts that meet the standards set forth in section 4513.262 of the Revised Code shall be provided for all occupants of motor vehicles used for driver training. Such belts shall be in use by all occupants of a driver training vehicle at all times.

(D) All motor vehicles used for behind-the-wheel training shall be equipped with dual controls as defined in this chapter of the Administrative Code. The auxiliary control device shall be securely fastened and easily accessible to the person seated in the front seat on the right side of the vehicle.

(E) All motor vehicles used for behind-the-wheel instruction shall be equipped with inside rearview mirrors for both the driver and instructor and outside rearview mirrors on the driver's and passenger's side of the vehicle. A visor mirror shall not be used as an inside rear view mirror.

(F) All motor vehicles used for training shall be equipped with signs containing words reading, "student driver" which are visible and legible outside of the motor vehicle from both the front and the rear. Such words shall be a minimum of three inches high and use material that reflects light at night. Any other words on such signs shall be no more than two inches high. Additional signs on the front, rear, or doors that indicate the vehicle is being used as a driver-training vehicle are permitted.

(G) Every motor vehicle shall carry a current financial responsibility identification card or insurance identification card that complies with rule 4501:1-2-02 of the Administrative Code.

(H) The authorizing official or training manager of the school shall make all motor vehicles used by the school available for inspection by the director at any and all reasonable times.

(1) Every motor vehicle used by the school shall be inspected during the school's biennial inspection. No motor vehicle shall be used for driver training unless it is inspected by, and displays a valid motor vehicle inspection decal issued by the state highway patrol within the last twelve months.

(2) When a driver training enterprise obtains vehicles after the biennial inspection to add to its fleet for instructional purposes, the authorizing official or training manager shall immediately notify the state highway patrol and ask for a motor vehicle inspection and decal. The state highway patrol shall schedule a motor vehicle inspection in response to such a request from a driver training school official, manager, or instructor.

(a) Prior to first using a vehicle for training, the authorizing official or training manager shall:

(i) Inspect the vehicle for compliance to provisions in paragraphs (A), (B), (C), (D), (E), (F) and (G) of this rule completing a form prescribed by the director,

(ii) Add the vehicle information to the fleet list for the online school function, and

(iii) Schedule the vehicle for inspection by the state highway patrol.

(b) If the motor vehicle acquired by the enterprise meets the provisions of this rule as determined by the authorizing official or training manager but does not display the decal required by this rule, the motor vehicle may be used for a period not to exceed thirty days from the date the vehicle was acquired by the driver training enterprise.

(I) A person who has a disability may provide and receive instruction in a motor vehicle that has been altered for the purpose of providing the person with special equipment. Any vehicle provided for this purpose shall be in a safe operating condition as determined by the licensed driver training instructor, training manager or authorizing official, and the vehicle shall be insured as provided in paragraph (D) of rule 4501-7-08 of the Administrative Code.

Effective: 10/08/2009
R.C. 119.032 review dates: 04/03/2009 and 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02 , 4508.03 , 4508.04 , 4508.05
Rule Amplifies: 4508.02 , 4508.03 , 4508.04 , 4508.05
Prior Effective Dates: 1/7/67, 12/1/80, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01

4501-7-15 Vehicles used to train the operation of commercial motor vehicles. [Rescinded].

Rescinded eff 10-8-09

4501-7-16 Safe operation of vehicles for class D license school.

To assure the safety and welfare of students and instructors when providing behind-the-wheel instruction, the driver training enterprise's authorizing officials, managers, and instructors shall assess all factors that affect driving conditions and shall take corrective action to ensure the continued safe operation of driver training vehicles. Officials, managers, and instructors shall evaluate road conditions, the environment, vehicle condition, road construction, traffic, weather, and any other factors that may affect the safe operation of a motor vehicle before and during any behind-the-wheel instruction.

Effective: 10/08/2009
R.C. 119.032 review dates: 04/03/2009 and 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , R.C. 4508.03
Prior Effective Dates: 10/4/01

4501-7-17 Use of driver examination test routes by a class D license school prohibited.

(A) No authorizing official or training manager of a driver training enterprise or school shall use, or permit the school's instructors to use, any driver test routes or sites of a driver license examination station for instruction during the hours the examining station is open for business.

(B) No driver training instructor shall use any driver test routes or sites of a driver license examination station for instruction during the hours that the examining station is open for business.

Effective: 10/08/2009
R.C. 119.032 review dates: 04/03/2009 and 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , R.C. 4508.03 , R.C. 4508.04
Prior Effective Dates: 10/4/01

4501-7-18 Advertising and soliciting business by a class "D" and online license school.

(A) A driver training enterprise shall not use any name other than its licensed name for advertising or publicity purposes, nor shall a driver training enterprise advertise or imply it is supervised, recommended, or endorsed by the director, the department, or the state highway patrol.

(B) A driver training enterprise shall not advertise or imply that it is endorsed or sanctioned by any organization unless such endorsement or sanction is maintained on file in written form at the school office and can be produced upon demand of any person.

(C) No person shall advertise in any manner a driver training instruction course prior to being licensed as a driver training school.

(D) Advertisements shall not list program information or offer discounts that are inaccurate or not available during the time that the advertisement is valid.

(E) Advertisements shall not include any erroneous, misleading, or false information.

(F) Advertisements posted in classified sections of any published media shall not state that a position of employment shall result from the training received. This rule shall not limit the ability of a driver training enterprise to solicit employees for the driver training enterprise itself.

(G) No driver training enterprise shall solicit or advertise for business at or in the immediate area used by patrons of any office used for conducting driver license examinations. The use of an enterprise's licensed name on its motor vehicles or place of business shall not be construed as advertising or soliciting under this rule.

(H) No driver training enterprise shall solicit or advertise for business without supplying its name and the location where training is conducted.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02
Prior Effective Dates: 10/4/01, 10/8/09

4501-7-19 Prohibition of guarantees by a class "D" or online license school.

No person associated with a driver training enterprise shall assert or imply that the person or the enterprise will guarantee a license to operate a motor vehicle as a result of the training received. No person associated with a driver training enterprise shall assert or imply that the enterprise will guarantee employment in the operation of a motor vehicle upon completion of the course, nor shall any person associated with the enterprise assert that the enterprise will guarantee that the student will pass the state examinations in the operation of motor vehicles.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02
Prior Effective Dates: 10/4/01, 10/08/09

4501-7-20 Inspections and investigations of class "D" and online license schools.

(A) Every place used as an office or classroom by a driver training enterprise, except as provided in paragraph (B) of this rule, shall be subject to inspection and/or investigation by the director during reasonable hours. Inspections and investigations may include, but are not limited to, any and all records, facilities, classroom instruction, behind-the-wheel instruction, and vehicles used for behind-the-wheel instruction. The enterprise's authorizing official or the school's training manager shall make school records, student records, vehicles, and facilities required by this chapter available to the director for inspection. The training manager or authorizing official shall, upon the director's request, produce records for copying. Such records shall be promptly returned to the school.

(B) An online enterprise shall be subject to inspections and/or investigations by the director during reasonable hours. Inspections and investigations may include, but are not limited to, all student records, training modules, infrastructure, security measures and other aspects of the online driver education program. The director may inspect and/or investigate supporting documentation to include access to computer logs related to the inspection and/or investigation. If the technical support, application server host, or data storage facilities are located outside the state of Ohio, the authorizing official shall submit, upon request of the director, a report encompassing the rules of this chapter to meet the requirements in lieu of a state-conducted inspection and/or investigation of technical support, application server host, or data storage facilities. The authorizing official shall make school and student records required by this chapter available to the director online, in a password-protected environment, upon request.

Replaces: 4501-7-20

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03
Prior Effective Dates: 1/7/67, 12/1/80, 2/29/88, 9/4/91 (EMER.), 12/21/91, 7/1/97, 10/4/01, 10/8/09

4501-7-21 The director may take action against a license of a class "D" or online school, training manager, online instructor or instructor.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) The director may reject any application or the "renewal requirements" for license when the director determines the applicant may have violated any of the provisions of Chapter 4501-7 of the Administrative Code or Chapter 4508. of the Revised Code.

(B) When the director has rejected an application or the "renewal requirements" for a license, or when the director determines that a licensee may have violated any of the provisions of Chapter 4501-7 of the Administrative Code or Chapter 4508. of the Revised Code, the applicant shall be afforded an opportunity for a hearing in accordance with sections 119.01 to 119.13 of the Revised Code.

(C) The director may reprimand, deny, suspend, revoke, or place on probationary status the license of any driver training school, training manager, or instructor when the director determines that the applicant or licensee has violated any of the provisions of Chapter 4501-7 of the Administrative Code or Chapter 4508. of the Revised Code.

Effective: 10/10/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03
Prior Effective Dates: 10/4/01, 10/8/09

4501-7-22 Place of business for a CDL school and office.

(A) The established place of business of each driver training enterprise shall be owned, leased, or rented by the driver training enterprise. A driver training enterprise shall maintain at least one fixed geographic location in which a school is operated and where training is conducted, and each enterprise shall maintain at least one office in a fixed geographic location where records are maintained and at least one classroom where students are instructed. A single business enterprise may own and operate more than one school. Any facility used as a driver training school shall be inspected and approved by the director prior to its use as a school. A copy of the rental or lease agreement or deed for the property shall be kept on file with the school records. The use of a mobile or modular structure as a driver training school shall be prohibited unless the structure is installed on a permanent foundation.

(B) Neither a school nor its office shall consist of a house trailer, tent, temporary stand, post office box, rooming house, or apartment. Neither a school nor its office shall be located within a residence or a room in a hotel or motel. No driver training enterprise may share any office or classroom with any other driver training enterprise unless the same person owns both enterprises. The place of business shall be occupied only by the driver training school during times of classroom instruction.

(1) The office of a driver training enterprise shall:

(a) Have space adequate to maintain the required records, interview clients, and display the school license.

(b) Have a permanent wall that sufficiently prevents distractions and noise in the classroom. If no permanent wall exists, the office shall remain closed for business during classroom instruction.

(c) Be located in the same county as or in a county adjacent to the school for which student records are being stored.

(d) Have access to a computer, printer, e-mail and the internet.

(2) Schools shall contain a classroom that:

(a) Will comfortably accommodate at least ten students and an instructor, and have sufficient space to contain tables and chairs or desks for all students.

(b) Is equipped with a variety of audio and/or visual training aids that support the course curriculum.

(c) Is reasonably free of visible and audible distractions and shall present an atmosphere adequate for learning.

(d) Has a clean and functional restroom that is available for student use within its facility.

(e) Conforms to all federal, state, and local fire, building and safety regulations.

Replaces: part of Rule 4501-7-02

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02 , 4508.03
Prior Effective Dates: 1/7/67, 3/1/76, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04

4501-7-23 Character and fitness for CDL schools.

(A) Any person connected in any manner with a driver training enterprise, including but not limited to an owner, partner, training manager, instructor, or authorizing official, shall be of good character and reputation.

(B) The conviction of any of the above persons of any felonyor any misdemeanor, other than a minor misdemeanor, which is reasonably related to a person's ability to serve safely and honestly in connection with a driver training enterprise, shall be grounds to deny issuing or renewing a license or grounds for suspending or revoking a previously issued license.

(C) Every person connected in any manner with a driver training enterprise, including but not limited to an owner, partner, training manager, office manager, instructor, or authorizing official, shall comply with all applicable state and federal laws which prohibit discrimination based upon race, color, national origin, sex, age, handicap, disability, ancestry or religion.

(D) The director may deny the issuance of a license to any person if the person applying for a license has had a driver training school, training manager, or instructor license revoked or denied within the five years immediately preceding the current filing for an application or renewal.

After the five-year revocation period has lapsed, any training manager or instructor whose license has been revoked may apply for a license by following the training and application procedure set forth in rule 4501-7-25 of the Administrative Code. Granting of a license shall be based upon successful completion of the training and application procedure including an appropriate course approved by the director and no further violations of Chapter 4507. or Chapter 4508. of the Revised Code or the rules amplifying those chapters.

(E) No training manager or authorizing official shall knowingly permit any training manager or instructor of the enterprise who is physically or mentally unfit to be in contact with students.

(1) Any person who applies for or holds a commercial driver training instructor's or training manager's license shall submit to an examination of that person's physical or mental fitness when the director or the school's training manager or enterprise's authorizing official has evidence to believe the instructor, official, or manager may not be mentally or physically fit to instruct students or operate a motor vehicle.

(2) Any person who applies for or holds a commercial driver training instructor's or training manager's license shall notify the authorizing official of any driver training enterprise with which the person is affiliated of any injury, any physical or mental impairment, or any drug or medicine the person is taking that gives good cause to believe such injury, impairment, drug or medicine may affect that instructor's or manager's ability to drive or to effectively and safely instruct students or manage training.

(3) The authorizing official is responsible for maintaining records for a training manager and/or instructor's behavioral problem(s) that give good cause to believe that the training manager and/or instructor could be physically or mentally unfit and also for maintaining disciplinary actions taken to correct such behavior.

Effective: 05/02/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02
Prior Effective Dates: 10/4/2001, 10/8/2009

4501-7-24 Application for and renewal of a CDL school license.

(A) No person shall establish a driver training enterprise or allow such enterprise to continue unless the authorizing official first applies for and obtains from the director a license for a driver training school. The authorizing official shall ensure the driver training school, its business enterprise, and its instructors and training managers operate in compliance with Chapter 4508. of the Revised Code and Chapter 4501-7 of the Administrative Code as well as all other applicable local, state, and federal laws. No motorcycle training or motorcycle safety program is administered under this chapter of the Administrative Code.

(B) Each authorizing official applying for a school license shall make application in writing to the department on a form prescribed and designated by the director.

(C) No driver training enterprise established after July 1, 2001, may share the same name as any other driver training enterprise unless the same person owns both.

(D) The director issues CDL school licenses.

(E) Each authorizing official applying for an original school license shall:

(1) Include a fee of two hundred fifty dollars;

(2) Complete and submit the form supplied by the director;

(3) Identify the person or persons who are the licensed training manager and the authorizing official for the school;

(4) Submit a criminal abstract of the authorizing official provided by the bureau of criminal identification and investigation and dated by the bureau of criminal identification and investigation not more than ninety days prior to the date the application is received by the director;

(5) Submit a copy of the training manager's certificate of training showing the training manager has completed, within the past ten years, a driver training school manager's course approved by the director;

(6) Certify the applicant will operate the driver training enterprise and its school in compliance with all applicable laws of the Revised Code, the Administrative Code, and all other applicable local, state, and federal laws.

(F) An original school license expires on December thirty-first of the odd year following issuance and may be renewed every odd year thereafter.

(G) Each authorizing official applying for a renewal school license shall:

(1) Include a fee of one hundred dollars;

(2) Complete the form supplied by the director;

(3) Identify the person or persons who serve as the licensed training manager and the authorizing official for the school;

(4) Certify the applicant will operate the driver training enterprise and its school in compliance with all applicable laws of the Revised Code, the Administrative Code, and all other applicable local, state, and federal laws.

(5) Ensure the department receives the renewal application or that it is postmarked no later than November thirtieth of each odd year.

(H) If a renewal application is not postmarked or received by the director at least thirty days prior to the expiration of the current school license, the authorizing official shall submit an application for an original school license in accordance with paragraph (E) of this rule.

(I) No authorizing official shall change the school's name, ownership, or school location without prior notification to the director.

(1) Any person to whom the ownership of a driver training enterprise is to be conveyed shall submit an original license application in accordance with paragraph (E) of this rule. The application for an original license shall be submitted to and approved by the director prior to the conveyance of ownership.

(2) Any person to whom an interest in ownership is conveyed that does not constitute a change of ownership as defined in rule 4501-7-01 of the Administrative Code shall submit an application for conveyance of interest to the director along with the documents required in paragraphs (E)(2), (E)(3), and (E)(4) of this rule.

(3) No fees will be assessed for moving the location of a school or the name of a driver training enterprise.

(J) All license fees shall be in the form of a check or money order made payable to the treasurer of the state of Ohio.

(K) No person shall submit an application that is incomplete or incorrect or which contains false or misleading information. An incomplete or incorrect application may be rejected or returned to the applicant. An application containing false or misleading information may be denied.

(L) If a driver training enterprise or school closes or discontinues business for any reason, the authorizing official shall return the school license to the director immediately.

Replaces: part of 4501-7-04

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.01 , 4508.02 , 4508.03 , 4508.05 , 4508.09
Prior Effective Dates: 10/4/01

4501-7-25 Application for and renewal of CDL school instructor and training manager licenses.

[Comment: For dates and availability of material incorporated by reference in this chapter, see paragraph (PP) in rule 4501-7-01 of the Administrative Code.]

(A) No person shall give instruction for hire in the operation of a commercial class motor vehicle unless such person is the holder of a current and valid commercial instructor's license issued by the director. Instructor candidates completing the eighty-six hour training requirement may student teach with the training manager supervising from the back seat.

(B) Commercial instructor licenses are issued by the director in one of two classes:

(1) 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) Restricted instructors are licensed instructors who may teach driver knowledge in the classroom but who are not permitted to instruct students on the driving range or behind the wheel of a commercial motor vehicle. Restricted instructors are not required to possess or maintain a commercial driver license.

(C) 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. The driver training manager shall have completed a course approved by the director for driver training school managers. In addition to the courses on the director's approval 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.

(D) Each person applying for a driver training instructor or training manager license shall submit the "Driver Training Instructor License Application" in writing to the department on a form prescribed by the director. Original applications for driver training instructor or manager licenses shall include:

(1) A fee of twenty-five dollars in the form of a check or money order made payable to the treasurer of the state of Ohio.

(2) A criminal background check containing information from Ohio and all other states regarding the applicant's criminal record, provided by the bureau of criminal identification and investigation and dated by the bureau of criminal identification and investigation not more than ninety days prior to the date the director receives the "Driver Training Instructor License Application."

(3) Two passport type photographs of the applicant that measure two by two inches square, showing neck, shoulders, full face and uncovered head and taken not more than sixty days prior to the date of the application. Photographs shall not be permanently attached to any material. Photocopies or photographs cut from other identification badges or cards will not be accepted. The photographs will be used to create a pictured license issued by the director.

(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) 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 driving skills test that is an examination of the applicant's skill in the operation of a motor vehicle. The driving skills test will be administered as follows:

(i) Applicants for an instructor license for commercial drivers shall take a skill examination in the class of vehicle for which the applicant intends to train.

(ii) Applicants for a restricted instructor license for commercial drivers shall be required to take a skill examination in a motor vehicle other than a commercial motor vehicle or a motorcycle.

(6) Proof the applicant has completed, within the ten years immediately preceding the application for an instructor license, an approved eighty-six hour instructor's course in driver training on a form prescribed by the director or 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 a driver training instructor license. The eighty-six hour instructor's course in driver training shall have been conducted by one of the following:

(a) College or university,

(b) Teacher's driving institute,

(c) Program approved by the department,

(d) Licensed driver training school under the direction of a licensed training manager.

(7) A statement from a licensed physician 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. The statement shall be presented with the application on a form prescribed by the director or as an alternative, the applicant 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.

(8) The signature of the enterprise's authorizing official.

(9) The enterprise or organization that completed the training shall maintain, for three years, records of the instructors and training managers trained. Dates, times, and curriculum used for such training shall be kept on file for inspection.

(E) Every training manager applicant shall submit proof the manager has completed a course for driver training school managers that has been approved by the director.

(F) Each applicant for an original instructor's license to train behind the wheel of commercial motor vehicles shall also:

(1) Show 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;

(2) Possess a valid commercial driver's license that is legal for the operation of all vehicles in which the instructor trains students.

(G) All instructor and training manager licenses expire on December thirty-first of the year the license is issued, and a license may be renewed annually upon compliance with renewal requirements.

(H) All 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.

(I) Any application for an 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 pursuant to paragraph (D) of this rule.

(J) Each applicant seeking renewal of an instructor's or manager's license shall submit the renewal requirements as prescribed by the director. Renewal requirements shall include:

(1) A fee of ten dollars 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 the abstract shall show the applicant has a current and valid license to operate a motor vehicle.

(3) Two passport type photographs of the applicant that measure two by two inches square, showing neck, shoulders, full face and uncovered head and taken not more than sixty days prior to the date of submission of the renewal requirements. Photographs shall not be permanently attached to any material. Photocopies or photographs cut from other identification badges or cards will not be accepted. The photographs will be used to create a pictured license issued by the director.

(4) The signature of the authorizing official of the driver training school with which the applicant is affiliated.

(K) Each applicant for a driver training instructor's 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 to operate the class of motor vehicle for which the applicant will instruct or is instructing, except that applicants for a restricted instructor's license shall be required to possess only a class "D" operator's license.

(3) Have a record free of a conviction for any felony, within the last ten years, and free of any misdemeanor , other than a minor misdemeanor, which is reasonably related to the applicant's ability to serve safely and honestly in connection with a driver training enterprise.

(4) Have a driving record free of any of the following:

(a) Three or more chargeable crashes within the preceding three years ;

(b) Three or more moving violation convictions under Chapter 4511. of the Revised Code, or an equivalent conviction from another jurisdiction, within the preceding three years ;

(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 preceding ten years .

(L) In addition to the requirements set forth in paragraph (K) of this rule, an applicant for a driver training manager license shall also demonstrate that the applicant has held a valid commercial instructor license for at least three years.

(M) An 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 or training manager is convicted of or pleads guilty to a moving traffic violation conviction;

(2) The instructor or training manager is involved in a chargeable crash;

(3) The instructor or training manager is convicted of a charge that assesses points against the applicant's license;

(4) The instructor or training manager receives any driver license suspension, disqualification, cancellation, or revocation;

(5) The instructor or training manager is convicted of or pleads guilty to any criminal charge listed in this rule.

(N) 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 or training manager is convicted of or pleads guilty to a moving traffic violation conviction;

(2) An instructor or training manager is involved in a chargeable crash;

(3) An instructor or training manager is convicted of a charge that assesses points against the applicant's license;

(4) An instructor or training manager receives any driver license suspension, disqualification, cancellation, or revocation;

(5) An instructor or training manager is convicted of or pleads guilty to any criminal charge listed in this rule.

(O) The director may refuse to issue or renew, or may suspend, revoke, or place on probation the license of any instructor or training manager upon notice of that person's conviction for any offense for which that person may be disqualified under this rule.

(P) The director may refuse to issue or renew, or may suspend, revoke, or place on probation a 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 or training manager which is committed beyond the periods provided herein.

(Q) No person shall submit the "Driver Training Instructor License Application" or renewal requirements that are incomplete or incorrect or which contains false or misleading information. An incomplete or incorrect "Driver Training Instructor License Application" or renewal may be rejected or returned to the applicant. An application containing false or misleading information may be denied.

(R) No authorizing official or training manager shall allow a person to instruct driver training unless the person has applied for and obtained an instructor's license in the manner and form prescribed by the director.

(S) Every training manager shall complete a pre-approved, advanced training course once every three years and shall, 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 the course shall be 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 or form 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. These shall be submitted prior to attending.

(T) The director may amend the "Driver Training Instructor License Application" at any time.

Effective: 05/16/2013
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4508.02
Rule Amplifies: R.C. 4508.02 , 4508.03 , 4508.04 , 4508.05
Prior Effective Dates: 1/7/67, 3/1/76, 11/23/78, 10/26/79, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04, 10/8/09

4501-7-26 Employees of the department and a CDL school.

No employee of the department shall be connected in any capacity whatsoever with any driver training enterprise.

Replaces: part of 4501-7-07

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01

4501-7-27 Insurance and bonding for training the operation of commercial motor vehicles.

(A) The authorizing official shall maintain financial responsibility for the operation of all motor vehicles used for instruction as specified in Chapter 4509. of the Revised Code. Such insurance coverage shall be acquired from a company licensed to do business in this state and shall be maintained as long as the driver training enterprise is operating a driver training school. Proof of the insurance coverage required by this rule shall be maintained in the school office and with all motor vehicles used for instruction. The certificate of insurance shall be available for inspection during reasonable hours.

(B) Insurance coverage shall be maintained in the following minimum limits as provided in either paragraph (B)(1) or (B)(2) of this rule, and these limits shall be listed on the certificate of insurance:

(1)

(a) One hundred thousand dollars for bodily injury to or death of one person in any one crash;

(b) Three hundred thousand dollars for bodily injury to or death of two or more persons in any one crash;

(c) Twenty-five thousand dollars for injury to property of others in any one crash;

(d) Five thousand dollars medical payments for each occupant;

(e) Uninsured motorist coverage at least equal to the bodily injury coverage required in paragraphs (B)(1)(a) and (B)(1)(b) of this rule.

(2)

(a) Five hundred thousand dollars combined single limit liability coverage;

(b) Twenty-five thousand dollars for injury to property of others in any one crash;

(c) Five thousand dollars medical payments for each occupant;

(d) Uninsured motorist coverage at least equal to the bodily injury coverage required in paragraph (B)(2)(a) of this rule.

(C) Failure to maintain the required insurance, including the record of current coverage as required by this rule, may result in the suspension or revocation of an authorizing official's driver training school license.

(D) No driver training school licensed to train commercial motor vehicle operators shall be issued or renewed until the authorizing official certifies that the enterprise maintains a continuous performance bond for each of its schools in an amount sufficient to cover the cost of reimbursing students for training not supplied. In lieu of a performance bond, an enterprise may maintain an escrow account to cover the cost of reimbursing students for instruction and/or services not supplied. The amount for such shall be based on the number of students trained by the enterprise or number of students anticipated to be trained by the enterprise. Such bond or escrow account shall be no less than fifty thousand dollars for each school licensed by the enterprise. The performance bond or escrow account shall continue in force as long as the enterprise operates a school or as long as the enterprise has students to whom it is contractually obligated.

(1) The current and valid performance bond or evidence of an escrow account shall be maintained at the school office and filed as a part of the school records and made available upon request. Such bond or escrow account shall be obtained by the enterprise from a company authorized to do business in this state specifying that such enterprise shall not practice any fraud or make any fraudulent representation which may cause a monetary loss to a person taking instruction from the enterprise.

(2) The bond or escrow account shall include the enterprise name, the amount of the bond, and the effective dates of the bond or escrow account.

(3) The bond or escrow account shall name the department of public safety and the state of Ohio as obligees and shall stipulate that the director shall be notified ten days before the bond or escrow account terminates due to its expiration or cancellation or before the bond or escrow account is reduced in value.

(4) The above bond or escrow account does not apply to a driver training school operated under the authority of the state of Ohio or any political subdivision approved by the director.

(5) Failure to maintain such performance bond or escrow account, including the record of bond or escrow account required by this rule, during any portion of the licensure period may result in suspension or revocation of an authorizing official's driver training school license.

Replaces: rule 4501-7-09

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 12/21/91, 7/1/97, 10/4/01

4501-7-28 Training required for the operation of commercial motor vehicles.

(A) The following requirements apply to enterprises and instructors training drivers in the operation of commercial motor vehicles.

(1) The enterprise shall ensure that each student completes all required classroom and behind-the-wheel training within two hundred seventy days after the first lesson unless mitigating circumstances occur which shall be documented by the school in the student's record.

(2) No enterprise shall provide more than ten hours of training to a student in one calendar day.

(3) Classroom instruction shall total at least forty hours and shall, at a minimum, cover the curriculum topics including the following:

(a) Traffic laws.

(b) Rules and regulations of the public utility commission of Ohio.

(c) Federal motor carrier safety regulations relating to the operation of trucks, commercial cars, commercial tractors, trailers and semi-tractors, and motor vehicles transporting flammable and/or hazardous cargo. In addition, the enterprise shall provide the student with a current copy of the Code of Federal Regulations, Title 49, parts 380, 383, and 391, of the federal motor carrier safety regulations.

(d) Federal laws relating to vehicle brake systems, lighting, and display of emergency equipment.

(e) Registration and licensing laws.

(f) Special taxes such as the international registration plan (IRP), the international fuel tax alliance (IFTA), and the unified carrier registration system (UCRS).

(g) Crash reporting and financial responsibility laws.

(h) The effects of driver fatigue.

(i) Safe driving practices.

(j) Courteous driving practices and sharing the road.

(k) Routine services and pre-trip and post-trip inspections and documentation.

(l) Use of occupant protection devices, including their benefits and effectiveness in motor vehicle collisions.

(m) Emerging commercial motor vehicle safety technologies (i.e. electronic stability control and automatic braking systems).

(n) Commercial driver license requirements.

(o) The effect of alcohol and drugs.

(p) Proper public thoroughfare railroad grade crossing procedure.

(q) Commercial motor vehicle view limitations, also known as the "no zone".

(4) No more than forty per cent of the total classroom instruction hours shall be devoted to showing educational videos, slides or films that relate to commercial driver training. No videos, films, or activities unrelated to safe commercial driving practices, commercial driver knowledge, or commercial driver skill shall be used.

(5) Behind-the-wheel instruction shall total at least forty hours and include, at a minimum, all of the following topics:

(a) Starting.

(b) Stopping.

(c) Turning.

(d) Shifting.

(e) Braking.

(f) Parking.

(g) Docking.

(h) Hooking up and unhooking trailers and semi-trailers.

(i) Display of emergency equipment.

(j) Use of hazard lighting systems.

(k) Checking and servicing the parts of commercial motor vehicles. Pre-trip and post-trip documenting vehicle repair needs.

(l) Sharing the road.

(m) Safe driving practices.

(n) Proper public thoroughfare railroad grade crossing procedure.

(6) No less than ten hours of behind-the-wheel instruction shall be given on off-highway ranges. At least four hours of instruction shall be given off the highway and behind-the-wheel before any on-highway, behind-the-wheel instruction can be offered.

(7) No less than ten hours of behind-the-wheel instruction shall be given on streets and highways with normal traffic.

(8) Twenty hours of behind-the-wheel instruction may be used either for on-highway or off-highway training. The authorizing official or training manager, who may consider which behind-the-wheel instruction would be most beneficial to the student, shall make such determination. Each student driver, with the assistance of the instructor, shall do at least one pre-trip inspection during each day of on-the-road training.

(9) If a student is observing behind-the-wheel instruction of another student and not actually driving, such time shall not be credited to the student for behind-the-wheel training completed.

(10) For every five vehicles, a minimum of one instructor, who is not restricted to the classroom, shall be on the driving range at any time a student is operating a motor vehicle. During such operation a maximum of two students shall be assigned to each vehicle. There shall be a maximum of ten students per instructor during instruction on the range.

(11) All behind-the-wheel instruction on streets and highways shall be under the direct supervision of a licensed instructor who is in the vehicle and seated in the front seat next to the driver.

(B) Enterprises training drivers in the operation of commercial motor vehicles shall provide both classroom instruction and behind-the-wheel instruction in the operation of commercial motor vehicles. Students shall be taught and supervised by a licensed instructor.

(C) Classroom instruction and behind-the-wheel instruction shall consist of no less than sixty minutes for each hour credited toward completion of the required instruction. Time taken for breaks shall not be included when calculating completion of the required instruction.

Replaces: rule 4501-7-11

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 12/21/91, 7/1/97, 10/4/01

4501-7-29 CDL school training agreements.

(A) A written agreement shall be established between the student and the driver training enterprise prior to the start of any training. Verbal agreements are prohibited. A signed copy of the written agreement shall be maintained in the school office files for a period of three years.

(B) All written agreements shall contain the following:

(1) The full address where the classroom instruction will be given.

(2) All charges for the training course stated clearly.

(3) A statement as to whether the use of an enterprise-owned vehicle for the license examination is included in the charges, and if not included, any additional charge for this service.

(4) The number of classroom instruction hours to be provided.

(5) The number of behind-the-wheel instruction hours to be provided.

(6) The signature of an authorizing official, training manager, or instructor and the date such signature was made.

(7) The signature of the student and the date each signature was made.

(8) A declaration of the date by which the complete program of training will be made available to the student. This date shall be no more that two hundred seventy days from the date the driver training begins.

(9) The statement, "Driver training schools are licensed by the Department of Public Safety through the Ohio Traffic Safety Office, 1970 West Broad Street, Columbus, Ohio 43223."

(10) A declaration of the conditions under which refunds may be made. If refunds are not made, the agreement shall clearly state that the enterprise makes no refunds.

(C) A declaration of conditions under which a student may be denied training may be included in the training agreement.

(D) A signed copy of the agreement shall be given to the student on the day it is executed.

Replaces: rule 4501-7-12

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01, 1/8/04

4501-7-30 CDL school records.

(A) Each school shall maintain the following records for three years from the date the record was finalized.

(1) A record of the material taught for each student in each training session, regardless of whether the student has completed all training.

(a) The record shall include: the student's name and address, driver license or permit number and, if applicable, its validation date and the date of each training session, the starting time, and the ending time for each session the student completed.

(b) Each session notation shall be signed or initialed by the student.

(c) The instructor who provided the instruction for each session shall initial the record and record the instructor's license number for each session.

(d) The training manager or a licensed instructor shall sign the final record. The signature of the training manager or instructor shall confirm all training has been successfully completed.

(e) A distinct record shall be kept for classroom training, and a distinct record shall be kept for behind-the-wheel training.

(2) For each student in a training course for the operation of commercial motor vehicles, the records shall include the following notations:

(a) That the student received all classroom training required by rule 4501-7-28 of the Administrative Code.

(b) That the student satisfactorily completed the behind-the-wheel instruction required by this chapter.

(c) The student's final test score.

(3) For three years the enterprise or organization that completed the training shall maintain records of the instructors and training managers trained. Dates, times, location of training, and curriculum used shall be kept on file for inspection.

(B) In addition to student records listed in paragraph (A) of this rule, the authorizing official or training manager of a driver training enterprise or school shall maintain a permanent file of the following records:

(1) A copy of each instructor's current license.

(2) A complete copy of the driver training curriculum used by the school and any supporting textbooks, articles, or other sources of driver training information used for classroom or behind-the-wheel instruction.

(3) The current school license. A copy shall be stored in the files maintained by the enterprise and the original school license shall be posted in the school in a conspicuous location where any person who enters the school can see it. If a license cannot be posted at the school, the license, or a copy thereof, shall be carried to each training session provided in that school, and it shall be made available to any person upon request.

(4) A certificate of insurance verifying an active policy covering each vehicle used by the enterprise or its instructors for driver training with limits set forth in paragraph (B) of rule 4501-7-27 of the Administrative Code.

(5) A valid and current continuous performance bond covering the enterprise's obligations to provide student instruction as set forth in paragraph (D) of rule 4501-7-27 of the Administrative Code.

(6) A record of all driver training instructor's and manager's training provided to instructors and managers who are or who have been employed by the enterprise. The enterprise shall maintain this record for all instructors currently employed and it shall be maintained for at least three years following the termination of an instructor's employment.

(C) All of the documents listed in this rule shall be kept accurately and stored in a file in the office of the school. These documents shall be furnished upon request to the director.

(D) If a school closes or an enterprise discontinues business for any reason, the authorizing official or training manager shall advise the director in writing at least thirty days prior to closing where the school's records will be stored.

When a driver training enterprise closes for any reason, including a license suspension or revocation, all unused certificates of completion shall be made inaccessible to the enterprise by the department.

(E) Certificate information shall be logged via the enterprise through an on-line system managed by the department.

(F) The instructor's license, or a photocopy of the license, shall be maintained by the instructor, and by each enterprise for which the instructor trains. The license, or a photocopy thereof, shall be kept in the instructor's possession at any time the instructor is training students.

(G) No person shall falsify, alter, or in any manner tamper with any records required to be kept by this chapter.

(H) All records required to be maintained by an enterprise under the rules of this chapter, including those maintained on a computer database, shall be kept in a school's designated office that conforms to the standards under this chapter. The authorizing official or training manager shall make all records available for inspection by the director or by a student at any and all reasonable times. Any records required to be maintained which are in a computer database shall be accessible and capable of being distinguished from non-related records.

Replaces: part of 4501-7-13

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 3/1/76, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 12/21/91, 7/1/97, 10/4/01, 1/8/04

4501-7-31 Vehicles used to train in the operation of commercial motor vehicles.

(A) Every driver training enterprise that provides students with behind-the-wheel instruction in commercial motor vehicles shall supply all the equipment necessary to give the required instruction for operating commercial motor vehicles.

(B) Every licensed commercial motor vehicle used to provide behind-the-wheel instruction shall meet all applicable regulations of the public utilities commission of Ohio and federal motor carrier safety regulations. Every commercial motor vehicle used to provide behind-the-wheel instruction shall be in compliance with all applicable provisions of Chapters 4513. and 5577. of the Revised Code.

(C) Safety belts that meet the standards set forth in section 4513.262 of the Revised Code shall be provided for all occupants of vehicles used for driver training. Such belts shall be in use by all occupants of a driver training vehicle at all times.

(D) All commercial vehicles used on streets and highways to provide behind-the-wheel instruction shall be equipped with a securely fastened dual control brake that is easily accessible to the person seated in the front seat on the right side of the vehicle. In the absence of a dual control brake, the vehicle shall have a hand brake that is readily accessible to the instructor. The brake shall operate the vehicle's service brakes and shall permit the driver training instructor to bring the vehicle to a safe stop while the instructor is seated in the right front seat of the vehicle with the safety belt fastened. Such dual control or hand brake is not required on training vehicles used by driver training enterprises for commercial motor vehicles that are operated exclusively on off-highway driving ranges with no traffic other than the commercial motor vehicles used in training.

(E) All commercial motor vehicles used to provide behind-the-wheel instruction shall be equipped with outside driver and passenger-side mirrors to enable both the student and the instructor to see to the rear.

(F) All commercial motor vehicles used on streets and highways to provide behind-the-wheel instruction by a driver training enterprise shall be equipped with a sign on the front and a sign on the rear of the vehicle containing the words, "Student Driver." The words of both signs shall be visible on both the front and rear of the vehicle, or combination of vehicles and shall clearly contrast any other lettering or art present. The words shall be a minimum of three inches high and shall reflect light at night. Any other wording on such signs shall not be more than two inches high. Any additional signs on the front, rear or doors that indicate that the vehicle is being used for a driver-training vehicle are permissible.

(G) Every motor vehicle used in the school's operations shall carry a current financial responsibility identification card or insurance identification card that complies with rule 4501:1-2-02 of the Administrative Code.

(H) The authorizing official or training manager of the school shall make all motor vehicles used by the school available for inspection by the director at any and all reasonable times.

(1) Every motor vehicle used by the school shall be inspected during the school's annual inspection. No motor vehicle shall be used for driver training unless it has been entered into the fleet list for the online school function.

(2) All range-only vehicles used by the enterprise shall be inspected before being placed into service and annually thereafter by the authorizing official or training manager of the school or a mechanic for compliance with Chapter 4513. of the Revised Code using a form prescribed by the director.

This inspection is not required for vehicles for which a current periodic inspection conducted under Title 49 of the Code of Federal Regulations is available.

Replaces: rule 4501-7-15

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02 , 4508.03
Prior Effective Dates: 12/1/91, 7/1/97, 10/4/01

4501-7-32 Safe operation of vehicles for a CDL school.

To assure the safety and welfare of students and instructors when providing behind-the-wheel instruction, the driver training enterprise's authorizing officials, managers, and instructors shall assess all factors that affect driving conditions and shall take corrective action to ensure the continued safe operation of driver training vehicles. Officials, managers, and instructors shall evaluate road conditions, the environment, vehicle condition, road construction, traffic, weather, and any other factors that may affect the safe operation of a motor vehicle before and during any behind-the-wheel instruction.

Replaces: part of 4501-7-16

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 7/1/97, 10/4/01

4501-7-33 Use of driver examination test routes by a CDL school prohibited.

(A) No authorizing official or training manager of a driver training enterprise or school shall use, or permit the school's instructors to use, any driver test routes or sites of a driver license examination station for instruction during the hours the examining station is open for business.

(B) No driver training instructor shall use any driver test routes or sites of a driver license examination station for instruction during the hours that the examining station is open for business.

Replaces: part of 4501-7-17

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01

4501-7-34 Advertising and soliciting business by a CDL school.

(A) A driver training enterprise shall not use any name other than its licensed name for advertising or publicity purposes, nor shall a driver training enterprise advertise or imply it is supervised, recommended, or endorsed by the director, the department, or the state highway patrol.

(B) A driver training enterprise shall not advertise or imply that it is endorsed or sanctioned by any organization unless such endorsement or sanction is maintained on file in written form at the school office and can be produced upon demand of any person.

(C) No person shall advertise in any manner a driver training instruction course prior to being licensed as a driver training school.

(D) Advertisements shall not list program information or offer discounts that are inaccurate or not available during the time that the advertisement is valid.

(E) Advertisements shall not include any erroneous, misleading, or false information.

(F) Advertisements posted in classified sections of any published media shall not state that a position of employment shall result from the training received. No published advertisement for driver employment shall contain the name or phone number of a driver training enterprise. This rule shall not limit the ability of a driver training enterprise to solicit employees for the driver training enterprise itself.

(G) No driver training enterprise shall solicit or advertise for business at or in the immediate area used by patrons of any office used for conducting driver license examinations. The use of an enterprise's licensed name on its motor vehicles or place of business shall not be construed as advertising or soliciting under this rule.

(H) No driver training enterprise shall solicit or advertise for business without supplying its name and the location where training is conducted.

Replaces: part of 4501-7-18

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 1/1/76, 3/1/76, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01

4501-7-35 Prohibition of guarantees by a CDL school.

No person associated with a driver training enterprise shall assert or imply that the person or the enterprise will guarantee a license to operate a motor vehicle as a result of the training received. No person associated with a driver training enterprise shall assert or imply that the enterprise will guarantee employment in the operation of a motor vehicle upon completion of the course, nor shall any person associated with the enterprise assert that the enterprise will guarantee that the student will pass the state examinations in the operation of motor vehicles.

Replaces: part of 4501-7-19

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 12/1/80, 9/4/91 (Emer.), 12/21/91, 10/4/01

4501-7-36 Inspections and investigations of CDL schools.

Every place used as an office or classroom by a driver training enterprise shall be subject to inspection and/or investigation by the director during reasonable hours. Inspections and investigations may include, but are not limited to, inspecting and investigating any and all records, facilities, classroom instruction, behind-the-wheel instruction, and vehicles used for behind-the-wheel instruction. The enterprise's authorizing official or the school's training manager shall make school records, student records, vehicles, and facilities required by this chapter of the Administrative Code available to the director for inspection. The training manager or authorizing official shall, upon the director's request, produce any records for copying. Such records shall be promptly returned to the school.

Replaces: part of rule 4501-7-20

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02
Prior Effective Dates: 1/7/67, 12/1/80, 2/29/88, 9/4/91 (Emer.), 12/21/91, 7/1/97, 10/4/01

4501-7-37 The director may take action against a license of a CDL school, training manager, or instructor.

(A) The director may reject any application for license when the director determines the applicant may have violated any of the provisions of Chapter 4501-7 of the Administrative Code or Chapter 4508. of the Revised Code.

(B) When the director has rejected an application for a new or renewal license, or when the director determines that a licensee may have violated any of the provisions of Chapter 4501-7 of the Administrative Code or Chapter 4508. of the Revised Code, the applicant shall be afforded an opportunity for a hearing in accordance with sections 119.01 to 119.13 of the Revised Code.

(C) The director may reprimand, deny, suspend, revoke, or place on probationary status the license of any driver training school, training manager, or instructor when the director determines that the applicant or licensee has violated any of the provisions of Chapter 4501-7 of the Administrative Code or Chapter 4508. of the Revised Code.

Replaces: part of rule 4501-7-37

Effective: 10/08/2009
R.C. 119.032 review dates: 10/08/2014
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02 , 4508.06
Prior Effective Dates: 1/7/67, 8/25/78, 11/23/78, 12/1/80, 2/29/88, 9/4/91(Emer.), 12/21/91, 7/1/97, 10/4/01