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Rule 4501-7-01 | Definitions.
(A) "Armed forces" means the
armed forces of the United States, including the army, navy, air force, marine
corps, coast guard, or any reserve components of those forces; the national
guard of any state; the commissioned corps of the United State public health
service; the merchant marine service during wartime; such other service as may
be designated by congress; or the Ohio organized militia when engaged in
full-time national guard duty for a period of more than thirty
days. (B) "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. (C) "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. (D) "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. (E) "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. (F) "Biometric authentication"
means the verification of a user's identity by means of a physical trait
or behavioral characteristic. (G) "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. (H) "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. (I) "Certified Driver Rehabilitation Specialist"
means a person certified through the association of driver rehabilitation
specialists (ADED) and who plans, develops, coordinates and implements driver
rehabilitation services for individuals with disabilities. (J) "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. (K) "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. (L) 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. (M) "Classroom" means any room within a driver
training school used to teach students driver knowledge. (N) "Classroom instruction" means that portion of
a driver training course that is devoted to teaching driver knowledge and
provided in a physical classroom location. Classroom instruction does not
include the student's operation of a motor vehicle. (O) "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. (P) "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. (Q) "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. (R) "Department" means the "Ohio Department
of Public Safety." (S) "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. (T) "Disqualifying offense" has the same meaning
an in section 9.79 of the Revised Code. (U) "Driver education," "theory," or
"theory instruction" 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," "virtual classroom," and "online driver
education program." (V) "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.") (W) "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 (Y) of this rule. (X) "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. (Y) "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." (Z) "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. (AA) "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. (BB) "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. (CC) "In-person
learning" means a form of instructional interaction that occurs in real
time between instructors and students. This includes instructional interaction
that allows people to interact from different locations at the same
time. (DD) "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. (EE) "Occupational therapist" means a person who
is license or holds a limited permit to practice occupational therapy and who
offers such services to the public under any title incorporating the words
"occupational therapy," "occupational therapist," or
similar title or description of services as defined in section 4755.04 of the
Revised Code. (FF) "Office" means a room used for conducting
school business and storing school records which meets the requirements
specified in rule 4501-7-02 of the Administrative Code. (GG) "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. (HH) "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. (II) "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 (Y)(2) of this rule. (JJ) "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. (KK) "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. (LL) "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. (MM) "Person" means an individual, corporation,
business trust, estate, trust, partnership, or association as defined in
section 1.59 of the Revised Code. (NN) "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. (OO) "Physician" means a person licensed to
practice medicine or surgery or osteopathic medicine and surgery under Chapter
4731. of the Revised Code. (PP) "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. The range of a CDL driver training school is a closed-course facility
that enables drivers to maneuver safely and is free from the interference of
other hazards. (QQ) "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. (RR) "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. (SS) "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. (TT) "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. (UU) "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. (VV) "Virtual
classroom" means an online classroom that allows participants to
communicate with one another, view presentations and/or videos, interact with
other participants and instructor, and engage with resources, and engage in
work groups, all in real time.
Last updated May 2, 2022 at 9:02 AM
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Rule 4501-7-02 | Place of business for a class "D", CDL and online license school.
(A) Each driver training enterprise shall
maintain an established place of business that is owned, leased or rented by
that enterprise. A place of business includes, at a minimum, an office,
classroom, and a range, whichever is applicable to the training provided.
(1) Each driver training
enterprise, that offers in-classroom training, shall maintain at least one
fixed geographical classroom location 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" or CDL 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 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. (3) Each driver training
enterprise, that is offering virtual instruction shall maintain at least one
office, that has been inspected and approved by the director prior to use, at a
fixed geographic location where records are kept and the virtual instruction is
provided. The place of business shall only be occupied by the driver training
school during times of instruction. (B) Neither 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" and CDL driver training school includes: (a) A permanent wall that sufficiently prevents distractions and
noise in the classroom. If no permanent wall exists, the office remains closed
during classroom instruction. (b) Be located in the same county as, or in a county adjacent to,
the school for which students' paper records are being
stored. (3) The classroom for a
class "D" or CDL driver training school includes: (a) Space to comfortably sit at least ten students and an
instructor, and contains tables and chairs or desk for all
students; (b) Being equipped with a variety of audio and/or visual training
aids that support the course curriculum; (c) Being reasonably free of visible and audible distractions and
presents an atmosphere adequate for learning; (d) A clean and functional restroom that is available for student
use within its facility; (e) Conforming 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 range of a CDL driver training
school shall be inspected and approved by the director prior to
use. (1) The range contains
exercise dimensions that include, at a minimum, the following: (a) Straight line backing exercise dimension measuring no
less than two hundred forty feet in length by twelve feet width. (b) Offset backing exercise dimension measuring no less
than one hundred eighty feet length by sixty-six feet width for class A
vehicles. Class B vehicle offset backing exercise dimension measures no less
than one hundred forty feet length and sixty-six feet width. (c) Parallel parking exercise dimension measuring no less
than two hundred twenty-five feet length by twelve feet width for class A
vehicles. Class B parallel parking exercise dimensions measures no less than
the length of the vehicle plus fifteen feet by twelve feet width. (d) Ninety degree alley dock exercise dimension measuring
no less than one hundred ten feet length by twelve feet width for class A
vehicles. Class B vehicle ninety degree alley dock measures no less than ninety
feet length by twelve feet width. (2) Has adequate
unobstructed run-off areas; (3) Has adequate sight
lines; (4) Has reasonably level
surfaces that can withstand the weight of a heavy commercial vehicle, are in
decent condition and free of potholes, loose materials or other surface
defects; (5) Is well lit during
limited lighting conditions; (6) Provides students
with on-site access to bathrooms and a shelter conducive to protecting students
from weather conditions; (7) Does not contain
obstacles within the exercise dimensions; and (8) Prohibits any public
traffic or vehicles not being used for training to pass through the
site. (D) The driver training enterprise shall operate in
compliance with all applicable local, state and federal laws.
Last updated May 2, 2022 at 9:02 AM
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Rule 4501-7-03 | Character and fitness for class "D", CDL, and online license schools.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) 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 persons of any
disqualifying offense 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 not physically or mentally sound 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. (F) Class "D" instructors and
training managers shall provide a completed "Driver Training Personnel
Physical Examination" to the authorizing official of the driver training
enterprise every two years. CDL instructors and training managers shall provide
a physical exam to the authorizing official that is compliant with paragraph
(D)(9) of rule 4501-7-05 of the Administrative Code every two years.
Last updated May 2, 2022 at 9:02 AM
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Rule 4501-7-04 | Application for and renewal of driver training school licenses.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) No person shall 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) A "Driver Training Enterprise Application" may
include one or any combination of the following types of driver training school
licenses: (1) Class "D"
license school, which offers traditional classroom instruction, virtual
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 license
school, which offers a course of study via the internet, that is the content
equivalent of the classroom instruction offered by a class "D"
school. (3) CDL license school,
which offers instruction in the operation of commercial motor vehicles,
including theory and behind-the-wheel training. (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://services.dps.ohio.gov/DETS/public/schools, giving the student easy
access to the list of approved driver training schools in Ohio. (F) Each original "Driver Training
Enterprise Application," submitted by the authorizing official,
includes: (1) An application fee of
two hundred fifty dollars for each school location; (2) Criminal background
checks regarding the authorizing official and owner, dated no more than ninety
days prior to the date the "Driver Training Enterprise Application"
is received by the director. The criminal background checks shall
include: (a) A state level check, which includes information maintained by
the bureau of criminal identification and investigation, or a similar
government agency from the resident state of the authorizing official and/or
owner; and; (b) Except for a CDL enterprise applicant, a federal level check,
provided by a government agency, which includes information from Ohio and all
other states. (3) Proof of legal
occupancy for each driver training school that includes the parties with whom
the agreement is made, address of the property for which the agreement is made,
monetary consideration, even if none, term of the agreement, and signatures and
dates of both parties. For an enterprise offering virtual classroom, this
includes proof of legal occupancy for the office where the virtual classroom is
hosted. For an online school, this includes proof of legal occupancy for the
enterprise office. (4) Proof of a fire
inspection, dated no more than one year prior to the date of application, for
each school or office location, whichever is applicable, that is compliant with
all applicable local, state and federal laws. (5) 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; (G) In addition to paragraph (F) of this
rule, an original application for an online school license
includes: (1) A fee of six hundred
dollars for review of the assessment and online driver education
program; (2) 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; (3) The complete proposed online driver
education program in written format and full access to the proposed internet
based website or portal for review; (4) A completed, signed, and notarized
"Online Driver Education Security Assessment." (H) In addition to paragraph (F) of this
rule, an application for a CDL driver training school license includes a copy
of the intended layout of the range including dimensions of the run-off areas
and dimensions of the specific exercise dimensions. (I) An original online school license may be issued to the
applicant based on all licensing requirements and 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." (J) The authorizing official for an online school shall
provide the director with an "Online Driver Education Security
Assessment" describing any significant system changes for approval within
thirty days of enabling the specific changes. (K) Each driver training school license expires on December
thirty-first of the year it is issued and each license may be
renewed. (L) Each renewal of a driver training school license
includes: (1) An application fee of
fifty dollars for each school location; and (2) 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), (G), or (H) of this rule, whichever
is applicable. (O) No authorizing official shall change
the school's name, ownership, authorizing official, 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) 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
a new "Driver Training Enterprise Application" for the conveyance of
interest to the director along with the documents required in paragraph (F)(2)
of this rule. (3) No fees will be
assessed for changing the location of a school or the name of a driver training
enterprise. (4) Any person applying
to be an authorizing official of an enterprise shall complete and submit a new
"Driver Training Enterprise Application" along with the documents
required in paragraph (F)(2) of this rule. The application shall be approved by
the director. (P) All license fees are paid
electronically or 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. (S) All prospective new enterprise owners
and authorizing officials shall attend a new school orientation provided by the
department no more than one year prior to the date the department receives the
"Driver Training Enterprise Application."
Last updated May 2, 2022 at 9:02 AM
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Rule 4501-7-05 | Applications and renewal of licenses for instructors and training managers.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) No person shall give instruction for
hire in the operation of a motor vehicle unless such person is the holder of a
current and valid instructor's license issued by the director. No
authorizing official or training manager shall allow a person to instruct
driver training unless the person has applied for and obtained the appropriate
instructor's license from the director. Instructors shall maintain a valid
driver's license at all times during licensure. (B) CDL instructor licenses are issued by
the director in one of three classes: (1) Class "A"
commercial instructors are licensed instructors who teach any part of a
curriculum, including classroom and behind-the-wheel instruction, for the
operation of commercial motor vehicles as defined in division (D) of section
4506.01 of the Revised Code. (2) Class "B"
commercial instructors are licensed instructors who teach any part of the
curriculum, including classroom and behind-the-wheel instruction, for the
operation of commercial motor vehicles as defined in division (D)(2) of section
4506.01 of the Revised Code. (3) Restricted
instructors are licensed instructors who may teach driver knowledge in the
classroom or via virtual classroom, and who may be permitted to instruct
students on the driving range but not behind the wheel of a commercial motor
vehicle on the road. Restricted instructors are not required to possess or
maintain a commercial driver license. In order to provide instruction to
students on the driving range, the restricted instructor shall have previously
held a commercial driver's license in the same classification with the
proper endorsements necessary to operate a commercial motor vehicle for which
training is provided. (C) Training managers shall be licensed instructors and
have completed a course approved by the director for driver training school
managers. 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. (D) Each person applying for any original driver training
instructor license shall submit the "Driver Training Instructor License
Application" as prescribed by the director to the department. Original
applications for a driver training instructor includes: (1) A fee of twenty-five
dollars paid electronically or in the form of a check or money order made
payable to the treasurer of the state of Ohio. (2) Background checks
regarding the applicant criminal record and dated not more than ninety days
prior to the date the director receives the "Driver Training Instructor
License Application." The background checks includes: (a) A state level check, which includes information maintained by
the bureau of criminal identification and investigation, or a similar
government agency from the resident state of the applicant; and; (b) Except for a CDL instructor applicant, a federal level check,
provided by a government agency, which includes information from Ohio and all
other states. (3) A .jpeg format
photograph of the applicant showing neck, shoulders, full face and uncovered
head with a plain solid colored background and taken not more than sixty days
prior to the date of the application. Photocopies or photographs from other
identification badges or cards will not be accepted. (4) The applicant's
driving record abstract obtained from the records maintained by the bureau of
motor vehicles, or a similar agency from another state if the applicant has an
out-of-state license. The abstract shall be dated no more than ninety days
prior to the date the "Driver Training Instructor License
Application" is received by the director, and the abstract must show the
applicant has a current and valid license to operate a motor
vehicle. (5) Except for online
instructors, certification from an Ohio driver examiner that the applicant has
passed the required driver training instructor testing. Testing
includes: (a) A vision screening. (b) A knowledge test that includes questions testing the
applicant's knowledge of Chapter 4501-7 of the Administrative Code, road
signs, the care and operation of motor vehicles, and the "Digest of Ohio
Motor Vehicle Laws." (c) A skill examination in a motor vehicle, in the correct
classification of motor vehicle, and other than a motorcycle. (6) Evidence the
applicant has completed a basic instructor course provided and approved by the
department. The course shall have been completed no more than one year prior to
the date the director receives the "Driver Training Instructor License
Application." (7) Proof the applicant has completed,
within the ten years immediately preceding the application for an instructor
license, an approved instructor's course in the classification of training
for which the applicant is applying for an instructor's license and on a
form prescribed by the director. (a) For a class "D" instructor applicant, a
fifty-two hour instructor's course in driver training approved by the
director or a copy of a valid state of Ohio department of education certificate
with a driver training endorsement issued pursuant to the provisions of
sections 3319.22 to 3319.31 of the Revised Code. Instructor candidates
completing the fifty-two hour training requirement may student teach with the
training manager supervising from the back seat. The fifty-two hour
instructor's course in driver training is provided by one of the
following: (i) College or
university, (ii) Program approved by
the department, (iii) Licensed driver
training school under the direction of a licensed training
manager. (b) For an online instructor license, evidence the
applicant has completed an online instructor program approved by the
director. (c) For a CDL instructor applicant, an instructor's
course approved by the director in the same classification of commercial motor
vehicle as the applicant intends to train and provided by: (i) Program approved by
the department, (ii) Licensed driver
training school under the direction of a licensed training manager,
or (iii) Effective February
7, 2022, a program of training including licensure from another state with
which Ohio has reciprocity. This includes: (a) Verification the
applicant is a licensed instructor in another state at the time of application;
and (b) It has been
determined that the other state's instructor certification requirements
are substantially similar to Ohio's training requirements. (8) Each application for
an original instructor's license to train behind the wheel of commercial
motor vehicles also includes: (a) Proof of being licensed as the operator of a commercial
motor vehicle for at least three years during the ten-year period preceding the
application. For restricted instructors, proof of previously holding a
commercial driver's license, in the same classification or higher with the
same endorsements as being taught, for at least two years: (b) Proof of a valid commercial driver's license that
is legal for the operation of all vehicles in which the instructor trains
students. (9) Except for an online instructor, the
"Driver Training Personnel Physical Examination" signed by a
physician, nurse practitioner, or physician's assistant acting within
their scope of practice declaring that the instructor does not have a medical
condition, physical condition, including vision impairment (not corrected),
which could interfere with the responsibilities of being an instructor or could
jeopardize the health and welfare of students and/or general public. The
"Driver Training Personnel Physical Examination" shall be completed
no more than one year prior to the date the director receives the "Driver
Training Instructor License Application." For a CDL instructor applicant,
as an alternative, may submit proof of a current certificate of medical
examination issued under "49 C.F.R. 391.43," which shall have been
completed no more than one year prior to the date the director receives the
application. (10) Proof the applicant has taken the
department's online "Sexual Harassment Prevention
Training." (11) The signature of the
enterprise's authorizing official. (E) Upon approval of an initial "Driver Training
Instructor License Application" the director issues a probationary
instructor license. (1) The probationary
license expires one hundred eighty days from the date of issuance. (2) The probationary
instructor license holder shall successfully pass an assessment, approved by
the director, prior to the expiration of the probationary license. The training
manager shall be responsible for assessing the instructor and shall provide the
director with the assessment at least one month prior to the expiration of the
probationary license. (a) For a class 'd' probationary instructor, the
assessment encompasses one complete classroom or virtual classroom session, or
one complete behind-the-wheel session, whichever type of training is primarily
taught by the probationary instructor license holder. (b) For a disability instructor of a medically based hospital or
rehabilitation clinic, the assessment encompasses one full behind-the-wheel
session being taught by the probationary instructor license
holder. (c) For an online probationary instructor, the assessment shall
ecompasses a one day assessment of the online probationary license holder
handling curriculum content inquiries from online students. (d) Except for restricted instructors, the assessment
encompasses one complete classroom session, one complete range session, or one
complete behind-the-wheel session, whichever type of training is primarily
taught by the probationary license holder. (e) For restricted instructors, the assessment encompasses
one complete classroom session or one complete range session, whichever is
applicable. (3) A probationary
license holder may not be associated with more than one driver training
enterprise during the probationary term. (4) If a probationary
instructor license holder fails to meet expectations as provided by the
assessment, the director may extend the probationary term no more than ninety
days. The probationary instructor license holder shall successfully pass a
second assessment performed by the training manager. (5) If during the
probationary term, a probationary instructor license holder intends to become
associated with another driver training enterprise, the holder of the license
shall request approval from the director. The director shall review the
request. If the request is approved, the instructor may transfer to the
approved driver training enterprise, and probationary term shall start over. A
transfer may only be approved based upon the demonstration of mitigating
circumstances, including but not limited to, a school closing, the probationary
instructor license holder moving, or inability to teach due to low student
enrollment. (F) The director issues certification for training persons
with a disability in one of two categories: (1) As a disability
endorsement for an instructor of a class 'd' driver training course
providing classroom, virtual classroom, and behind-the-wheel
instruction. (a) An instructor applying for the disability endorsement
shall file a "Driver Training Instructor License Application" in
accordance with paragraph (C) of this rule and include a certificate of
successful completion of a course approved by the director for training drivers
with a disability. (b) In order to maintain current certification, an
instructor shall take a continuing education course in training drivers with a
disability, as approved by the director, every three years. (2) A license for an
instructor at a rehabilitation clinic or medically based hospital that offers
driver training for beginning drivers with a disability. (a) An instructor applying for a license, who will provide
driver training in persons with a disability for a rehabilitation clinic or
medically based hospital, shall file a "Driver Training Instructor License
Application" in accordance with paragraph (C) of this rule and be include
proof of certification as an occupational therapist or a certified driver
rehabilitation specialist. (b) In order to maintain current certification, an
instructor shall show proof of continuing education every three years. The
continuing education shall include topics on medical conditions or disabilities
and how they relate to driving. (G) Every training manager applicant shall submit the
"Driver Training Instructor License Application." The application
includes: (1) Proof the manager
applicant has completed a course for driver training school managers that has
been approved by the director; (2) For a class
"D" instructor, proof the applicant has held a valid class
"D" driver instructor license, or the equivalent in another state,
for at least three years. (3) If the applicant for
a training manager license is a current certified driver rehabilitation
specialist, and provides proof of current certification, the three years of
holding a valid class "D" driver instructor license may be waived by
the director. (4) For a CDL instructor,
proof the applicant has held a valid commercial instructor license for at least
three years. (H) All instructor, online instructor, disability
instructor, CDL instructor, and training manager non-probationary licenses
expire on December thirty-first of the year the license is issued, and may be
renewed annually upon completion of the "renewal
requirements." (I) All instructor, online instructor, disability
instructor, CDL instructor, and training manager license "renewal
requirements" may be filed without penalty if filed within one year from
the date of expiration of the last license issued, but such license will be
effective no sooner than the date it is approved by the director. (J) 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. (K) Each applicant seeking renewal shall submit the
"renewal requirements" as prescribed by the director. "Renewal
requirements" includes: (1) A fee of ten dollars
paid electronically or in the form of a check or money order made payable to
the treasurer of the state of Ohio. (2) The applicant's
driving record abstract obtained from the records maintained by the bureau of
motor vehicles, or a similar agency from another state if the applicant has an
out-of-state license. The abstract shall be dated no more than ninety days
prior to the date the "renewal requirements" are received by the
director, and show the applicant has a current and valid license to operate a
motor vehicle. (3) A .jpeg format
photograph of the applicant showing neck, shoulders, full face and uncovered
head with a plain solid colored background and taken not more than sixty days
prior to the date of the submission of the "renewal requirements."
Photocopies or photographs from other identification badges or cards will not
be accepted. (L) Each applicant for a driver training instructor's,
online instructor's, disability instructor, CDL instructor, or training
manager's license shall: (1) Certify the applicant
has been licensed as the operator of a motor vehicle for at least five
years. (2) Possess a valid
driver's license. (3) Certify that the
applicant is in sound physical and mental health, that the applicant does not
have any injury or physical or mental impairment, and that the applicant is not
under the influence of or addicted to any drug or medicine which may affect
that applicant's ability to drive or to effectively and safely instruct
students or manage training. (4) Have a record free of
a conviction of a disqualifying offense. (5) Have a driving
record free of any of the following: (a) Three or more chargeable crashes within the three years
preceding the date of application; (b) Three or more moving violation convictions under Chapter
4511. of the Revised Code, or an equivalent conviction from another
jurisdiction, within the three years preceding the date of
application; (c) An accumulation of six points or more under Chapter 4510. of
the Revised Code, or equivalent action from another jurisdiction, within the
preceding three years; (d) A twelve-point administrative suspension under section
4510.037 of the Revised Code, or equivalent action from another jurisdiction,
within the ten years preceding the date of application. (M) If an instructor or training manager failed to renew
because of service in the armed forces, the license shall be renewed in
accordance with section 5903.10 of the Revised Code. The instructor or training
manager shall submit the "renewal requirements" as set forth in
paragraph (I) of this rule. (N) If an instructor or training manager failed to renew
because the certificate holder's spouse served in the armed forces and the
service resulted in the holder's absence from this state, the license
shall be renewed in accordance with section 5903.10 of the Revised Code. The
instructor or training manager shall submit the "renewal
requirements" as set forth in paragraph (I) of this rule. (O) A renewal shall not be granted unless the holder or the
holder's spouse, whichever is applicable, has presented satisfactory
evidence of the service member's discharge under honorable conditions or
release under honorable conditions from active duty or national guard duty
within six months after the discharge or release. (P) 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 (J)(4) of this rule. (Q) 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. (R) The director may refuse to issue or renew, or may
suspend, revoke, or place on probation the probationary or non-probationary
license of any instructor, online instructor, or training manager upon notice
of that person's conviction for any offense for which that person may be
disqualified under this rule. (S) The director may refuse to issue or renew, or may
suspend, revoke, or place on probation a probationary or non-probationary
license upon notice of an offense determined by the director to be of a nature
or severity inconsistent with the standards expected of an instructor, online
instructor, or training manager which is committed beyond the periods provided
herein. (T) 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. (U) Every training manager, instructor, and online
instructor shall complete a pre-approved advanced training course once every
three years and, upon request from the director, provide proof of the
satisfactory completion of such training. (1) The course shall be
one approved by the director or one of continued education in driver training
or training management conducted by a college, university, or a national driver
training organization. (2) The proof of
satisfactory completion shall be in a manner prescribed by the
director. (3) The director may
pre-approve, on an individual basis, additional conferences, workshops, or
seminars, including a driving dynamics or defensive driving course, in
satisfaction of this requirement. (V) Every training manager, instructor, disability
instructor, CDL instructor, and online instructor shall complete the
department's online "Sexual Harassment Training"
annually. (W) The director may amend the "Driver Training
Instructor License Application" form at any time.
Last updated May 2, 2022 at 9:03 AM
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Rule 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 (A) in rule 4501-7-39 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. (B) A medically based hospital or
rehabilitation facility that offers instruction for beginning drivers with a
disability shall appoint an authorizing official who applies 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 theory 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. For a hospital or rehabilitation facility that does
not supply the required classroom training, the authorizing official or
training manager copies 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 classroom
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, upon the
official's or manager's determination of the student's
successful completion, issues the student a "Certificate of
Completion." Each school's authorizing official or training manager
maintains complete driver training records applicable to this student,
including copies of those completed by another school for the same
student. (2) 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
supplies a "Certificate of Completion" compliant with rule 4501-7-11
of the Administrative Code. (3) 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.
Last updated May 2, 2022 at 9:03 AM
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Rule 4501-7-08 | Insurance and bonding.
(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 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 with all motor vehicles used for instruction. (B) For a class "D" driver
training school, insurance coverage shall be maintained in the following
minimum limits as provided in either paragraph (B)(1) or (B)(2) of this
rule: (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) For a CDL driver training school,
insurance coverage shall be maintained in the following minimum
limits: (1) One million dollars
combined single limit liability coverage; (2) Twenty-five thousand
dollars for injury to property of others in any one crash; (3) Five thousand dollars
medical payments for each occupant; (4) Uninsured motorist
coverage at least equal to the bodily injury coverage required in paragraph
(C)(1) of this rule. (D) 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. (E) 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. (F) 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. 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 bond or escrow account 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. 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. (1) Except for a CDL
driver training enterprise, such bond or escrow 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. (2) For a CDL driver
training enterprise, such bond or escrow account shall be no less than fifty
thousand dollars for each school licensed by the enterprise. (3) 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. (4) 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. (5) The 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. (6) 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.
Last updated May 2, 2022 at 9:03 AM
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Rule 4501-7-09 | Driver education.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] 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, via virtual instruction, or 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 are the
responsibility of all driver education schools, 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. (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
includes no less than twenty-four hours of driver education; (3) The instruction
consists of no less than sixty minutes of instruction for each hour credited
toward completion of the required training; (4) The instruction includes
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
includes 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, as prescribed by the director, measuring
driver knowledge. (a) No student being tested shall be permitted to refer to any
materials that may contain answers to the questions thereon; (b) The student shall answer 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. Mitigating circumstances include health and family issues
that disrupt the student's ability to receive training. Mitigating
circumstances do not include the inability to schedule training due to parent
or student elective or extra-curricular activities, such as sports and school
clubs. Mitigating circumstances shall be documented in the student's
record. Requests for special circumstances not listed to be considered as
"mitigating" shall be requested through the department. If no
mitigating circumstances are approved, training will be voided and the student
shall re-take the training. (B) In addition to the requirements
listed in paragraph (A) of this rule, for class "D" licensed schools,
providing instruction in the classroom or via virtual classroom courses for
beginning drivers, shall also meet the following requirements: (1) Students shall be
taught and supervised by a licensed instructor. Licensed instructors instruct
students only under the authority and guidance of a licensed driver training
school; (2) The classroom
environments shall be maintained in a manner that is conducive to learning. In
maintaining an environment that is conducive to learning, consideration is
given to the appropriate class size, appropriate methods of maintaining
discipline, and any other relevant factors; (3) For instruction
provided via a virtual classroom environment, the instructor shall periodically
ensure the students are present and actively engaged with the course content.
This may be accomplished through quizzes, worksheets, group activities, or
other educational activities related to the content being taught. (4) 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; (5) Current textbooks or workbooks, as
defined in paragraph (R) 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; (6) 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; (7) 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 provided 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. (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 is
provided to the student prior to the start of the online
instruction; (3) 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; (4) All instruction provided by the
online provider must have measures in place that prevent a student from
completing more than four hours of instruction in a calendar day; (5) No student shall be given more than
four hours of training in an online driver education program within a calendar
day. Students shall be provided with a break in instruction after two
consecutive hours of training. The break shall be documented and
recorded; (6) Personal validation questions appears
periodically throughout the entire course and at a minimum 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 locks the
student out of the program for twenty-four hours. (7) The online driver education program
shall provide a final examination at the completion of the program during the
online provider's operation hours. 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; (8) 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. (9) 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 implement and maintain all security controls included in the
"Online Driver Education Security Assessment."
Last updated May 2, 2022 at 9:03 AM
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Rule 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 (A) in rule 4501-7-39 of
the Administrative Code.] (A) All driver training courses for
beginning drivers, who are between the ages of fifteen years and six months of
age and eighteen years of age, must meet the following
requirements: (1) Except as provided in
rule 4501-7-06 of the Administrative Code for a medically based hospital or
rehabilitation facility that offers instruction for persons with a disability
and online providers, enterprises that provide driver training shall provide
both the classroom or virtual instruction and behind-the-wheel
instruction; (2) No behind-the-wheel
instruction shall be given to a student who does not hold and carry a valid
temporary permit or operator's license. No driver shall be given
behind-the-wheel instruction using a permit or license which has expired or
which has been suspended or revoked (3) Students shall be taught and
supervised by a licensed instructor. Licensed instructors instruct only under
the authority of a licensed driver training school. (4) When a student
operates a motor vehicle on the public highways, a licensed instructor shall be
in the vehicle seated beside the driver. The instructor shall wear, in a
conspicuous location, an identification card. The identification card displays
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
includes no less than eight hours of driver training for each
student; (6) Behind-the-wheel
instruction consists of no less than sixty minutes of instruction for each hour
credited toward completion of the required training. Time taken for breaks in
instruction shall not be included when calculating completion of the required
instruction; (7) No instructor shall
give a beginning driver behind-the-wheel instruction before the student has
completed the classroom or virtual classroom instruction. No instructor shall
give a student who is enrolled in an online program, behind-the-wheel
instruction without receiving a "Certificate of Completion of an Online
Driver Education Program" issued by the online provider; (8) Class "D"
instructors shall take a ten minute break after every four consecutive hours of
instruction; (9) A student's good-faith effort
made during the full eight hours of skills training constitutes successful
completion of the behind-the-wheel training; (10) All training as required in this rule
and rule 4501-7-09 of the Administrative Code, provided by the enterprise shall
be made available to, and completed by, the student within six months of the
first date of training, unless mitigating circumstances occur. Mitigating
circumstances include health and family issues that disrupt the student's
ability to receive training. Mitigating circumstances do not include the
inability to schedule training due to parent or student elective or
extra-curricular activities, such as sports and school clubs. Mitigating
circumstances shall be documented in the student's record. Requests for
special circumstances not listed to be considered "mitigating" are
requested through the department. If no mitigating circumstances are approved,
training will be voided and the student re-takes the training. (B) In addition to the requirements for
class "D" licensed schools listed in paragraph (A) of this rule,
driver training courses and instructors shall maintain an environment that is
conducive to learning. (1) If a student is operating a motor
vehicle on a range, an instructor may leave the motor vehicle, but remain
standing outside the vehicle in a position where the instructor can continue to
directly observe the operation of the motor vehicle, and maintain a position
where both the student and the instructor can hear each other and be heard by
each other; (2) During times of behind-the-wheel
instruction, use of any items or behavior that causes or can cause unreasonable
distraction is prohibited. No eating or drinking by students is permitted in
the vehicle during times of instruction or while the vehicle is in
motion; (3) No student shall be given more than
three hours of behind-the-wheel instruction in one day. The total training a
student receives shall not exceed four hours in one day. Students receiving
more than two continuous hours of training shall be provided a ten-minute break
at the approximate mid-point of the lesson; (4) Instructors shall ensure that a
beginning driver's first hour of behind-the-wheel training occurs in an
area that is reasonably free from pedestrian and vehicular traffic, and that
the first hour does not include operation of a vehicle on primary traffic
arteries, main highway routes, and other thoroughfares that carry a large
amount of traffic; (5) No instructor shall permit a
beginning driver to operate a motor vehicle on an expressway before the
beginning driver has received at least two hours of behind-the-wheel
instruction on a roadway that is not an expressway; (6) No more than two students may be in a
vehicle while behind-the-wheel instruction is being given. No credit for the
hours of required behind-the-wheel instruction shall be given to a student who
is not driving; (C) Instructor candidates who have
completed at least thirty-two hours of training can teach up to two hours of
behind-the-wheel instruction for one student with the training manager
supervising from the back seat. A lesson plan and route sheet provided by the
training manager will be used during the lesson.
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Rule 4501-7-11 | Certificates.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) The director shall supply and
maintain record of the certificates as required by division (E)(2) of section
4508.02 and division (A) of section 4508.10 of the Revised Code. 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.
Certificates are non-transferrable to any other enterprise. No authorizing
official or training manager shall issue a certificate before the student had
completed all required training. (1) 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.
Successful completion includes the student completing every module and passing
the final examination of the online driver education program. (2) Except for CDL and online
enterprises, 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. (3) For a CDL enterprise, certificate
information shall be logged via the enterprise through an on-line system
managed by the department. The authorizing official or training manager issues
a "Certificate of Completion" to each out-of-state student completing
the program as prescribed in paragraphs (L) and/or (M) of rule 4501-7-28 of the
Administrative Code. The "Certificate of Completion" shall be logged
and printed by the enterprise through an on-line system managed by the
department. (B) 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. (C) 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 and parent or legal
guardian shall first complete and sign the "Request for Duplicate
Certificate" and explain the theft or loss. The "Request for
Duplicate Certificate" shall be retained by the enterprise and maintained
in the school files. The training manager or authorizing official, or a
designee, marks the box for "duplicate" and issues the new
certificate via the online system. No driver training school may charge a fee
for a replacement certificate that exceeds fifteen dollars. (D) An authorizing official or training manager of the
school who issues the certificate shall sign each certificate. If an
authorizing official or manager permits the use of a stamped or electronically
produced signature, that official, or manager is responsible for securing the
stamp or electronic means, and that official, or manager is responsible for any
document on which that official's, or manager's signature is
produced. (E) All unused certificates will be made inaccessible by
the director when a driver training enterprise closes for any reason, including
a license suspension or revocation.
Last updated May 2, 2022 at 9:04 AM
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Rule 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 (A) in rule 4501-7-39 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. (B) All written agreements contain the
following: (1) The type of training
the enterprise will provide; (2) The full address where the classroom
instruction will be given, if applicable. Online providers shall use the office
address of the company and its website address; (3) The student's date of birth if
the student is a beginning driver under the age of eighteen. (4) All charges for the training course
stated clearly. (5) 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. (6) 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 agrees to
provide at least twenty-four hours of classroom instruction based on the
"Ohio Driver Training Curriculum." (7) 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 agrees to provide at least eight
hours of behind-the-wheel instruction based on the "Ohio Driver Training
Curriculum." (8) The signature of an authorizing
official, training manager, or instructor and the date such signature was
made. (9) 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. (10) A declaration of the date by which
the complete program of training will be made available to and completed by the
student. This date shall be no more than six months from the date the driver
training begins. For schools providing both classroom or virtual training and
behind-the-wheel training, a date by which the classroom or virtual training
needs to be completed for the behind-the-wheel training to be offered and
completed within the six months. The date for classroom or virtual training
completion shall be of such length to allow the student to actually complete
both portions of the training program within the six months. (11) 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." (12) A declaration of the conditions under
which refunds may be made. If refunds are not made, the agreement clearly
states 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)(7) of this rule, all
other requirements in this chapter apply to the agreement. (F) Driver training enterprises shall use
reasonable controls to verify the parent or legal guardian's
identification when enrolling in the program. For a Class "D" driving
school using a web-based enrollment process, secure and reasonable controls to
authenticate the parent or guardian's identity are used. 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: (1) Third-party database
authentication; (2) Biometric
authentication; (3) Other secure means
that are based on emerging technologies and allow for reasonable assurance that
the parent's identity is authenticated; or (4) A signed and
notarized affidavit. The affidavit includes certification that the parent or
guardian submitted official documents to verify the parent's or
guardian's identity. The affidavit shall be received by the online
enterprise before training may begin.
Last updated May 2, 2022 at 9:04 AM
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Rule 4501-7-13 | Records maintained by a licensed driver training enterprise.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) Each licensed school shall maintain
student records for three years from the date the record was finalized,
regardless of whether the student has completed all training. (B) For a class "D" and CDL
licensed school, a distinct record shall be kept for classroom instruction, and
a distinct record shall be kept for behind-the-wheel training. These records
include: (1) A record of the
material taught for each student in each training session, which
includes: (a) The student classroom and behind-the-wheel records
shall include the student's name and address; driver license or permit
number and, if applicable, its issuance date; the date of each training
session; and the actual starting time, break time, and the actual ending time
for each session the student completed; (b) Each behind-the-wheel session notation signed or
initialed by the student and instructor, who provided the training, after
completion of the training. The record also includes the instructor's
license number for each session; (c) The signature of the training manager or instructor on
the final record confirming all training has been successfully
completed; (d) A record of each training session administered by the
school including the date, time, break time, topic of instruction, instructor
of record, and complete roster of the students attending such session. In
addition, for virtual classroom, a copy of the student roster footprint showing
each student's log in and log out times; (e) A copy of the student's final
examination; (f) For a class "D" student, a record of every
student's proof of completion for instruction obtained through an online
provider in a manner prescribed by the director. (2) For a class
"D" training course, a copy of the completed and signed final record
for each student who is less than eighteen years of age, if applicable to the
student, includes the following notations: (a) 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; (b) 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; (c) The student's score on any examination of
knowledge required by rule 4501-7-09 of the Administrative Code; (d) A record of the "Certificate of Completion"
issued including its number and the date of issue. (3) For each student in a
training course for the operation of commercial motor vehicles, the records
include the following notations: (a) That the student received all classroom and
behind-the-wheel instruction required by rule 4501-7-28 of the Administrative
Code. (b) The student's final test score. (4) A record of every
driver training certificate of completion issued by the enterprise to students
under eighteen years of age in the format prescribed by the
director. (5) A copy of the fully
executed training agreement between the enterprise and each student
trained. (C) For an online licensed school, the
records include, at a minimum; (1) The student's
name and address; (2) The date the student
started and date the student completed the program; (3) Each start time, each
end time, and total cumulative time spent in of each module of the online
program; (4) The agreement between
the enterprise and each student trained; (5) A record of the
"Certificate of Completion of an Online Driver Education Program"
issued by the online provider to students under eighteen years of age, in a
format prescribed by the director; (6) The records for each
examination provided to each student, which includes: (a) All of the questions asked and the student's
responses; (b) The name or identity of the online instructor entering
comments or responding to questions during each final examination. (D) All driver training enterprises and
schools shall maintain an instructor file for all instructors currently
employed and maintain the records for at least three years following the
termination of an instructor's employment. The records
include: (1) A copy of each
instructor's current license. The instructor's license, or a
photocopy of the license, shall also be maintained by the instructor, and by
each enterprise for which the instructor trains. The license, or a photocopy
thereof, is kept in the instructor's possession at any time the instructor
is training students. (2) The enterprise or
organization that completed the training is responsible for maintaining the
records of the instructors. This includes the dates, times, location of
training and curriculum used. (3) For instructors with
the training manager endorsement or disability endorsement, proof of completion
of the training provided to obtain such endorsement. (4) An annual assessment for all
instructors performed by the training manager that are in a written format
pre-approved by the director. (5) Proof of the annual
"Sexual Harassment Prevention Training" course
completion. (6) Proof of satisfactory
completion of a pre-approved advanced training course as set forth in
paragraphs (F) and/or (U) of rule 4501-7-05 of the Administrative Code,
whichever is applicable. (7) The "Driver
Training Personnel Physical Examination" as set forth in paragraph (F) of
rule 4501-7-03 of the Administrative Code. (8) For a class "D" school
records include a record of the schedule or log for behind-the-wheel
instruction for each instructor that includes the date, start and ending time,
and student name for each lesson. (9) Records for a training manager and/or
instructor's behavioral problem(s) that give good cause for the belief
that the instructor and/or training manager could be physically or mentally
unfit to perform their duties. The records also include disciplinary actions
taken to correct such behavior in the instructor's file. (E) Driver training enterprises and
schools shall also maintain a file for business records. Business records
include: (1) The current school
license. A copy shall be made available to any person upon request. Except for
an online driver training program, the original school license is 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, is carried to each training session provided in that
school. (2) A copy of the deed,
lease, or rental agreement for the property used as the established place of
business; (3) Proof of valid
insurance coverage as set forth in paragraph (B) or (C) in rule 4501-7-08 of
the Administrative Code, whichever is applicable; (4) Proof of a valid and
continuous bond or escrow account covering the enterprise's obligations to
provide student instruction as set forth in paragraph (F) in rule 4501-7-08 of
the Administrative Code; (5) For a CDL enterprise,
a copy of the range layout including dimensions of the run-off areas and
dimensions of the specific exercise dimensions as set forth in paragraph (H) of
rule 4501-7-04 of the Administrative Code. (6) The annual
"Motor Vehicle Inspection List"; (7) A complete copy of
the required curriculum and lesson plans 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. (F) If an instructor, authorizing
official, or manager permits the use of a stamped or electronically produced
signature, that instructor, official, or manager is responsible for securing
the stamp or electronic means, and that instructor, official, or manager is
responsible for any document on which that instructor's, official's,
or manager's signature is produced. (G) All of the documents listed in this
rule shall be kept accurately and stored in a file in the office of the school
that conforms to the standards in this chapter. Finalized records may be stored
at the enterprise's main office. Active student records shall be stored on
site in the classroom or in an office located in the same county as or in a
county adjacent to where the training takes place. 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. These
documents shall be furnished upon request to the director. (H) If a school closes or an enterprise
discontinues business for any reason, the authorizing official or training
manager shall complete and submit the "Enterprise Closing Procedure"
to the director at least thirty days prior to closing. (I) No person shall falsify, alter, or in
any manner tamper with any records required to be kept in this
chapter. (J) All records required to be maintained
by an enterprise under the rules of this chapter, that are stored
electronically, shall be stored either in a secured computer at the office for
the enterprise or at a secure off-site data center within the United States.
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.
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Rule 4501-7-14 | Vehicles used to train the operation of motor vehicles other than commercial motor vehicles.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) 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 a sign on the front of the vehicle and a sign on the
rear of the vehicle containing the words, "student driver." The words
of both signs shall be 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, contrast the color of the vehicle 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 annually. No motor vehicle shall be used
for driver training unless it is inspected and received an inspection number by
the director within the last twelve months. (2) When a driver
training enterprise obtains vehicles to add to its fleet for instructional
purposes, after the annual inspection, the authorizing official or training
manager notifies the department for a motor vehicle inspection. The department
will 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 department. (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 receive the inspection number 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 (E) of rule
4501-7-08 of the Administrative Code.
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Rule 4501-7-16 | Safe operation of vehicles.
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.
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Rule 4501-7-17 | Use of driver examination test routes.
(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.
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Rule 4501-7-18 | Advertising and soliciting business.
(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.
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Rule 4501-7-19 | Prohibition of guarantees by a 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 or commercial motor vehicle,
whichever is applicable, 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.
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Rule 4501-7-20 | Inspections and investigations of licensed driver training schools.
(A) Every place used as an office, range,
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,
virtual 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, information technology 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.
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Rule 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 (A) in rule 4501-7-39 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. (D) The director may reprimand, deny,
suspend, revoke, or place on probationary status the license of any driver
training enterprise if the enterprise fails to pay for the fees and fines owed
to the department, as set forth in Chapter 4501-7 of the Administrative Code
and Chapter 4508. of the Revised Code. (E) The director may immediately suspend
a driver training instructor or training manager license without a prior
hearing if the director believes there exists clear and convincing evidence of
any conduct, as specified in division (B) of section 4508.06 of the Revised
Code, committed by the instructor or training manager. (F) The director may immediately suspend
a driver training school license without a prior hearing if the director
believes there exists clear and convincing evidence of any conduct or risk as
specified in division (C) of section 4508.06 of the Revised Code. (G) The director, in accordance with
section 119.07 of the Revised Code, shall issue a written order of suspension
and provide the opportunity for a hearing for a driver training instructor,
training manager, or driver training school.
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Rule 4501-7-28 | Training required for the operation of commercial motor vehicles.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) Enterprises training drivers in the
operation of commercial motor vehicles shall provide theory instruction and
behind-the-wheel instruction in the operation of commercial motor vehicles. A
CDL licensed school may offer instruction in class "A" instruction,
class "B" instruction, or both. (B) Students shall be taught and
supervised by a licensed instructor. Instructors shall act only under the
authority and guidance of a licensed driver training enterprise. (C) If a student completed the classroom
or virtual classroom training through another enterprise, no behind-the-wheel
instruction is provided until proof of completion of the classroom or virtual
classroom is provided. (D) The training environment shall be maintained in a
manner that is conducive to learning. Maintaining an environment that is
conducive to learning includes consideration to the appropriate class size,
providing appropriate shelter in inclement weather on the range, ensuring the
safety of students in and around vehicles on the range, and any other relevant
factors. (E) The authorizing official and/or training manager of the
enterprise shall ensure that each student completes all required classroom
hours and/or behind-the-wheel training hours, whichever is applicable, within
two hundred seventy days after the first lesson unless mitigating circumstances
occur which is documented by the school in the student's record.
Mitigating circumstances include health and family issues that disrupt the
student's ability to receive training. (F) No student is provided more than ten hours of training
by an enterprise in one calendar day. (G) Theory instruction and behind-the-wheel instruction
consists of no less than sixty minutes for each hour credited toward completion
of the required instruction. Time taken for breaks or observation is not
included when calculating completion of the required instruction. (H) No more than forty per cent of the total theory
instruction hours is 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. (I) 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. (J) If a student is observing behind-the-wheel instruction
of another student and not actually driving, such time is not be credited to
the student for behind-the-wheel training completed. 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. (K) During the training of one or more motor vehicles on
the range, an instructor, who is not restricted to the classroom only, is
required to remain on the range to actively instruct and monitor students. The
following limits exist: (1) During the operation
of a vehicle on the range: (a) One instructor may oversee no more than eight
students; (b) One instructor may oversee no more than four vehicles;
and (c) No more than two students may be working with one
vehicle at one time. (2) During pre-trip
inspection training, one instructor may oversee no more than eight
students. (L) Theory instruction. (1) Theory instruction
for class "A" commercial motor vehicle training totals at least forty
hours. The curriculum shall, at a minimum, meet all curriculum standards set
forth in "Title 49 of the Code of Federal Regulations, Appendix A to Part
380" and the "Commercial Driver's License Curriculum
Guideline." (2) Theory instruction
for class "B" commercial motor vehicle training totals at least
twelve hours. The curriculum shall, at a minimum, meet all curriculum standards
set forth in "Title 49 of the Code of Federal Regulations, Appendix B to
Part 380" and the "Commercial Driver's License Curriculum
Guideline." (3) Theory instruction
for a passenger endorsement totals at least eight hours. The curriculum shall
at a minimum, meet all curriculum standards set forth in "Title 49 of the
Code of Federal Regulations, Appendix C to Part 380" and the
"Commercial Driver's License Curriculum Guideline." (4) School bus
endorsement training curriculum. Theory instruction for a school bus
endorsement totals at least eight hours and shall, at a minimum, meet all
curriculum standards set forth in "Title 49 of the Code of Federal
Regulations, Appendix D to Part 380" and the "Commercial
Driver's License Curriculum Guideline." (5) Final examination. It shall be the
responsibility of the commercial driver training enterprise offering the theory
instruction to determine each student's successful completion by means of
a comprehensive final examination measuring driver knowledge. The final
examination is provided at the completion of the theory training. (a) No student being tested shall be permitted 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 curriculums as
set forth in paragraph (L) of this rule. The number of questions shall be based
on the following: (i) The final examination
for class "A" commercial motor vehicle training as set forth in
paragraph (L)(1) of this rule includes one hundred content based test
questions. (ii) The final
examination for class "B" commercial motor vehicle training as set
forth in paragraph (L)(2) of this rule includes fifty content based test
questions. (iii) The final
examination for training provided as set forth in paragraphs (L)(3) and (L)(4)
of this rule includes twenty-five content based questions. (c) Each student shall answer eighty per cent or more of
the questions comprising the final examination correctly in order to constitute
successful completion. If a student fails the exam, the student may be offered
no more than two additional opportunities to pass without further education.
The student may not re-take the same exam the student had previously taken and
failed. Students may not be provided a final examination less than a calendar
day from the last attempt. (d) The final examination shall be administered and graded
under the supervision of a licensed instructor. Accommodations shall be made
for the final examination to assist students with confirmed learning
difficulties. (e) 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. (M) Behind-the-wheel training. Instructors providing
behind-the-wheel training shall be actively instructing during all public road
training sessions. (1) Behind-the-wheel
instruction for class "A" commercial motor vehicle training shall be
provided in a class "A" vehicle and total at least forty hours. No
less than ten hours of behind-the-wheel instruction shall be given on
off-highway ranges. No less than ten hours of behind-the-wheel instruction
shall be given on streets and highways with normal traffic. Twenty hours of
behind-the-wheel instruction may be used either for on-highway or off-highway
training. The authorizing official, instructor or training manager shall
determine which behind-the-wheel instruction would be most beneficial to the
student. No student shall be taken on the road for training prior to receiving
a minimum of five hours of range training. The five hours of time credited does
not include observation time. The curriculum shall, at a minimum, include
instruction as set forth in "Title 49 of the Code of Federal Regulations,
Appendix A to Part 380" and the "Commercial Driver's License
Curriculum Guideline." (2) Behind-the-wheel
instruction for class "B" commercial motor vehicle training shall be
provided in a class "B" vehicle and total at least twenty-eight
hours. No less than eight hours of behind-the-wheel instruction shall be given
on ranges. No less than eight hours of behind-the-wheel instruction shall be
given on streets and highways with normal traffic. Twelve hours of
behind-the-wheel instruction may be used either for on-highway or off-highway
training. The authorizing official, instructor or training manager shall
determine which behind-the-wheel instruction would be most beneficial to the
student. No student shall be taken on the road for training prior to receiving
a minimum of four hours of range training. The four hours of time credited
shall not include observation time. The curriculum shall, at a minimum, include
instruction as set forth in "Title 49 of the Code of Federal Regulations,
Appendix B to Part 380" and the "Commercial Driver's License
Curriculum Guideline." (3) Passenger endorsement
behind-the-wheel curriculum. The driver training school may include the
passenger endorsement training curriculum in the Class B curriculum. For those
students seeking to obtain the passenger endorsement on a current commercial
driver's license, the driver training school may offer the passenger
endorsement curriculum as separate behind-the-wheel instruction. The curriculum
shall, at a minimum, include instruction as set forth in "Title 49 of the
Code of Federal Regulations, Appendix C to Part 380" and the
"Commercial Driver's License Curriculum Guideline." (4) School bus
endorsement training curriculum. The driver training school may include the
school bus endorsement training curriculum in the Class B curriculum. For those
students seeking to obtain the school bus endorsement on a current commercial
driver's license, the driver training school may offer the school bus
endorsement curriculum as separate behind-the-wheel instruction. The curriculum
shall, at a minimum, include instruction as set forth in "Title 49 of the
Code of Federal Regulations, Appendix D to Part 380" and the
"Commercial Driver's License Curriculum Guideline." (5) Proficiency. It shall be the
responsibility of the commercial driver training enterprise offering the
behind-the-wheel instruction to determine each student's successful
completion of all range and road activities. Successful completion shall be
based upon the student's ability to demonstrate proficiency in proper
techniques for the range and road skills. (a) The instructor shall determine and document that the
student has demonstrated proficiency in all topics of behind-the-wheel
instruction topics. (b) The proficiency demonstration shall occur at the end of
the student's training. The demonstration shall be, at a minimum, two
hours in length with thirty minutes for pre-trip.
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Rule 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. (B) An enterprise may contract with a student to provide
the theory portion of training, behind-the-wheel training, or both. The student
shall complete the hours of training per the contract with the enterprise and
may not complete partial at another school unless mitigating circumstances
occur. To contract for the behind-the-wheel training, the student provides the
enterprise with proof of theory completion. (C) All written agreements contain the
following: (1) The full address
where the instruction will be given. For virtual classroom, this includes the
website and requirements to access the course. (2) Classification of
vehicle and type of training being provided. (3) All charges for the training course
stated clearly. (4) 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. (5) The number of classroom instruction
hours to be provided, if applicable. (6) The number of behind-the-wheel
instruction hours to be provided, if applicable. (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 the
date each signature was made. (9) A declaration of the date by which
the complete program of training will be made available to the student. This
date is no more that two hundred seventy days 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. (D) A declaration of conditions under which a student may
be denied training may be included in the training agreement. (E) A signed copy of the agreement shall be given to the
student on the day it is executed.
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Rule 4501-7-31 | Vehicles used to train in the operation of commercial motor vehicles.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of
the Administrative Code.] (A) 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) Except for school buses, as defined
in division (F) of section 4511.01 of the Revised Code and that comply with
provisions set forth in section 4511.77 of the Revised Code, 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) Except for school buses as defined
in paragraph (F) of section 4511.01 of the Revised Code and that comply with
provisions set forth in section 4511.77 of the Revised Code, 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,
with a license plate, used by the school shall be inspected annually by the
Ohio state highway patrol. 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, without a license plate, used by the enterprise shall be inspected
before being placed into service and annually thereafter by the department for
compliance with Chapter 4513. of the Revised Code using a form prescribed by
the director. (3) Buses, as defined by
sections 4513.50 to 4513.53 of the Revised Code, shall be inspected pursuant to
Chapter 4501-52 of the Administrative Code. (4) School buses, as
defined in division (F) of section 4511.01 of the Revised Code and that comply
with provisions set forth in section 4511.77 of the Revised Code, shall be
inspected pursuant to section 4511.761 of the Revised Code.
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Rule 4501-7-37 | Disqualifying offenses.
(A) "Disqualifying offense"
means a conviction, judicial finding of guilt, or plea of guilty to a criminal
offense that has is directly related to the duties and responsibilities related
to the operation of a driver training school, the operation as an instructor or
training manager, or both. A conviction of attempt, conspiracy, or complicity
to any section or offense listed in subsection (C) of this rule is considered a
disqualifying offense. (B) "Offense" for the purposes
of this rule means an offense as listed in sections of the Revised Code as
listed in this rule and includes any municipal ordinance, law of this state,
any other state or the United States that is substantially equivalent to any
section or offense listed in subsection (C) of this rule. (C) For any license issued by the department pursuant to
Chapter 4508., with the exception of section 4508.08, of the Revised Code and
the related rules adopted by the director, the following offenses are
disqualifying offenses: (1) Violent offenses:
section 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary
manslaughter), 2903.04 (involuntary manslaughter), 2903.041 (reckless
homicide), 2903.05 (negligent homicide), 2903.11 (felonious assault), 2903.12
(aggravated assault), 2903.13 (assault), 2903.21 (aggravated menacing),
2903.211 (menacing by stalking), or 2909.24 (terrorism) of the Revised
Code; (2) Sexually-oriented offenses: section
2907.02 (rape), 2907.03 (sexual battery), 2907.04 (unlawful sexual conduct with
a minor), 2907.05 (gross sexual imposition), 2907.06 (gross sexual imposition),
2907.07 (importuning), 2907.08 (voyeurism), 2907.09 (public indecency), 2907.19
(commercial sexual exploitation of a minor), 2907.21 (compelling prostitution),
2907.22 (promoting prostitution), 2907.23 (enticement or solicitation to
patronize a prostitute; procurement of a prostitute for another), 2907.231
(pandering obscenity involving minor or impaired person), 2907.31
(disseminating matter harmful to juveniles), 2907.311 (Displaying matter
harmful to juveniles), 2907.32 (pandering obscenity), 2907.321 (pandering
obscenity involving minor or impaired person), 2907.322 (pandering sexually
oriented matter involving a minor or impaired person), or 2907.323 (illegal use
of a minor or impaired person in nudity-oriented material or performance) of
the Revised Code or a violation of former section 2907.12 (felonious sexual
penetration) of the Revised Code; (3) Child-related violent offenses:
section 2903.15 (permitting child abuse), 2905.05 (criminal child enticement);
2919.22 (endangering children), 2919.24 (contributing to the unruliness or
delinquency of a child), of the Revised Code; (4) Arson offenses:
section 2909.02 (aggravated arson), and 2909.03 (arson) of the Revised
Code; (5) Vandalism and related
offenses: section 2909.05 (vandalism), 2909.06 (criminal damaging or
endangering), 2909.09 (vehicular vandalism) of the Revised Code; (6) Major motor vehicle
offenses: section 4511.19 (operating a motor vehicle under the influence),
section 4511.194 (having physical control of vehicle while under the
influence), 2903.06 (aggravated vehicular homicide, vehicular homicide,
vehicular manslaughter), 2903.08 (aggravated vehicular assault, vehicular
assault) of the Revised Code; (7) Terrorism-related
offenses: section 2909.22 (soliciting or providing support for act of
terrorism), 2909.23 (making a terroristic threat), 2909.24 (terrorism), 2909.26
(criminal possession of chemical, biological, radiological, or nuclear weapon
or explosive device), 2909.27 (criminal use of chemical, biological,
radiological, or nuclear weapon or explosive device), 2909.27 (illegal assembly
or possession of chemicals or substances for manufacture of prohibited
weapons), and 2909.29 (money laundering) of the Revised Code; (8) Theft-related
offenses: section 2911.01 (aggravated robbery); 2911.02 (robbery); 2911.11
(aggravated burglary); 2911.12 (burglary); 2911.13 (breaking and entering);
2921.13 (falsification- in theft offense - to purchase firearm); 2921.41 (theft
in office); of the Revised Code; (9) Weapons-related
offenses: section 2923.12 (carrying concealed weapons); 2923.122 (illegal
conveyance of deadly weapon or dangerous ordinance or of object
indistinguishable from firearm in school safety zone); 2923.1211 (falsification
of concealed handgun license - possessing a revoked or suspended concealed
handgun license); 2923.13 (having weapons while under disability) of the
Revised Code; (10) Failing to provide for a functionally
impaired person as set forth in section 2903.16 of the Revised
Code; (11) Menacing by stalking as set forth in
section 2903.211 of the Revised Code; (12) Patient abuse or neglect as set forth
in section 2903.34 of the Revised Code; (13) Patient endangerment as set forth in
section 2903.341 of the Revised Code; (14) Kidnapping as set forth in section
2905.01 of the Revised Code; (15) Abduction as set forth in section
2905.02 of the Revised Code; (16) Extortion as set forth in section
2905.11 of the Revised Code; (17) Coercion as set forth in section
2905.12 of the Revised Code; (18) Trafficking in persons as set forth
in section 2905.32 of the Revised Code; (19) Disrupting public services as set
forth in section 2909.04 of the Revised Code; (20) Aggravated trespass as set forth in
section 2911.211 of the Revised Code; (21) Safecracking as set forth in section
2911.31 of the Revised Code; (22) Tampering with coin machines as set
forth in section 2911.32 of the Revised Code; (23) Operating a gambling house as set
forth in section 2915.03 of the Revised Code; (24) Inciting to violence as set forth in
section 2917.01 of the Revised Code; (25) Riot as set forth in section 2917.03
of the Revised Code; (26) Telecommunications harassment as set
forth in section 2917.21 of the Revised Code; (27) Inducing panic as set forth in
section 2917.31 of the Revised Code; (28) Making false alarms as set forth in
section 2917.32 of the Revised Code; (29) Unlawful possession or use of a hoax
weapon of mass destruction as set forth in section 2917.33 of the Revised
Code; (30) Improperly handling infectious agents
as set forth in section 2917.47 of the Revised Code; (31) Unlawful abortion upon a minor as set
forth in section 2919.121 of the Revised Code; (32) Unlawful distribution of an
abortion-inducing drug as set forth in section 2919.123 of the Revised
Code; (33) Abortion manslaughter as set forth in
section 2919.13 of the Revised Code; (34) Abortion trafficking as set forth in
section 2919.14 of the Revised Code; (35) Dismemberment abortion as set forth
in section 2919.15 of the Revised Code; (36) Partial birth feticide as set forth
in section 2919.151 of the Revised Code; (37) Terminating or attempting to
terminate human pregnancy after viability as set forth in section 2919.17 of
the Revised Code; (38) Abortion after gestational age of
twenty weeks as set forth in section 2919.201 of the Revised Code; (39) Domestic violence as set forth in
section 2919.25 of the Revised Code; (40) Violating protection order as set
forth in section 2919.27 of the Revised Code; (41) Bribery as set forth in section
2921.02 of the Revised Code; (42) Intimidation as set forth in section
2921.03 of the Revised Code; (43) Intimidation of attorney, victim or
witness in criminal case of delinquent child action proceeding as set forth in
section 2921.04 of the Revised Code; (44) Retaliation as set forth in section
2921.05 of the Revised Code; (45) Perjury as set forth in section
2921.11 of the Revised Code; (46) Tampering with evidence as set forth
in section 2921.12 of the Revised Code; (47) Making or causing false report of
child abuse or neglect as set forth in section 2921.14 of the Revised
Code; (48) Making false allegation of peace
officer misconduct as set forth in section 2921.15 of the Revised
Code; (49) Compounding a crime as set forth in
section 2921.21 of the Revised Code; (50) Obstructing official business as set
forth in section 2921.31 of the Revised Code; (51) Obstructing justice as set forth in
section 2921.32 of the Revised Code; (52) Failure to comply with order or
signal of police officer as set forth in section 2921.331 of the Revised
Code; (53) Aiding escape or resistance to lawful
authority as set forth in section 2921.35 of the Revised Code; (54) Illegal conveyance of weapons, drugs,
or other prohibited items onto grounds of detention facility or institution as
set forth in section 2921.36 of the Revised Code; (55) Dereliction of duty as set forth in
section 2921.44 of the Revised Code; (56) Impersonation of peace officer or
private police officer as set forth in section 2921.51 of the Revised
Code.
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Rule 4501-7-38 | Process for armed forces applications.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (SS) of rule 4501-7-01 of
the Administrative Code.] (A) The driver training program office
tracks and monitors "Driver Training Instructor Applications" and
"renewal requirements" that have been received from veterans or
members of the armed forces and/or spouses or surviving spouses of veterans or
members of the armed forces. (B) The department prioritizes and
expedites completed "Driver Training Instructor Applications" and
"renewal requirements" for veterans and members of the armed forces,
and spouses or surviving spouses of veterans or members of the armed forces
within two business days of the receipt of a completed "Driver Training
Instructor Application" or "renewal requirements." An
application is considered complete only when all requirements as set forth in
rule 4501-7-05 of the Administrative Code, are met and the documentation as
required in paragraph (C) of this rule has been provided to the
department. (C) Satisfactory evidence that the applicant or applicant's
spouse is a veteran or member of the armed forces includes the applicant's
official military identification card, official DD-214 separation document, or
other official military documentation approved by the director of the
department. A marriage certificate may be required, in addition to evidence of
status as a veteran or member of the armed forces, if the applicant is the
spouse of a veteran or member of the armed forces. (D) In order to expedite the processing of applications and
renewals, especially for individuals facing imminent deployment, the department
shall accept necessary information in support of the applications by electronic
and other appropriate means.
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Rule 4501-7-39 | Incorporated by reference.
(A) 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" (February, 2014) 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.govinfo.gov. (2) "49 CFR
380" or "Title 49 of the Code of Federal Regulations, Section
380" (March, 2015) available through the "U.S. Government Printing
Office, 732 N. Capital Street NW, Washington DC 20401" or via its website
at http://www.govinfo.gov. (3) "49 CFR
383" or "Title 49 of the Code of Federal Regulations, Section
383" (February, 2020) available through the "U.S. Government Printing
Office, 732 N. Capital Street NW, Washington DC 20401" or via its website
at http://www.govinfo.gov. (4) "49 CFR
391" or "Title 49 of the Code of Federal Regulations, Section
391" (February, 2014) available through the "U.S. Government Printing
Office, 732 N. Capital Street NW, Washington DC 20401" or via its website
at http://www.govinfo.gov. (5) "49 CFR
395" or "Title 49 of the Code of Federal Regulations, Section
395" (July, 2019) available through the "U.S. Government Printing
Office, 732 N. Capital Street NW, Washington DC 20401" or via its website
at http://www.govinfo.gov. (6) "Title 49 of the
Code of Federal Regulations, Appendix A to Part 380" (March, 2019)
available through the "U.S. Government Printing Office, 732 N. Capital
Street NW, Washington DC 20401" or via its website at
http://www.govinfo.gov. (7) "Title 49 of the
Code of Federal Regulations, Appendix B to Part 380" (May, 2018) available
through the "U.S. Government Printing Office, 732 N. Capital Street NW,
Washington DC 20401" or via its website at
http://www.govinfo.gov. (8) "Title 49 of the
Code of Federal Regulations, Appendix C to Part 380" (December, 2016)
available through the "U.S. Government Printing Office, 732 N. Capital
Street NW, Washington DC 20401" or via its website at
http://www.govinfo.gov. (9) "Title 49 of the
Code of Federal Regulations, Appendix D to Part 380" (December, 2016)
available through the "U.S. Government Printing Office, 732 N. Capital
Street NW, Washington DC 20401" or via its website at
http://www.govinfo.gov. (10) "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://services.dps.ohio.gov/DETS. (11) "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://services.dps.ohio.gov/DETS. (12) "Commercial Driver's
License Curriculum Guideline" or form "DTO 0232 " (January,
2022) may be accessed via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (13) "Digest of Motor Vehicle
Laws" or "HSY 7607" (October, 2021) may be accessed via the
bureau of motor vehicles' website at http://www.ohiobmv.gov/. (14) "Driver Training Enterprise
Application" or form "DTO 0116" (July, 2014) may be accessed via
the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx or electronically through the
"Driver Education and Training System" at
https://services.dps.ohio.gov/DETS. (15) "Driver Training Instructor
License Application" or form ""DTO 0115" (July, 2014) may
be accessed via the Ohio driver training program website at
https://www.drivertraining.ohio.gov/instructors.aspx or electronically through
the "Driver Education and Training System" at
https://services.dps.ohio.gov/DETS. (16) "Driver Training Personnel
Physical Examination" or "DTO 0117" (May, 2021) may be accessed
via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (17) "Enterprise Closing Procedure
Form" or form "DTO 0158" (July, 2014) may be accessed via the
driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (18) "Examination Questions Test
Bank" (January, 2022) 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." (19) "Motor Vehicle Inspection
List" or form "DTO 0142" (March, 2021) may be accessed via the
driver training program website at
http://www.drivertraining.ohio.gov/forms.aspx. (20) "Ohio Driver Training
Curriculum" or "DTO 0108" (January, 2022) and available through
the driver training program office, 1970 West Broad street, Columbus, Ohio
43223. (21) "Online Driver Education
Security Assessment" or "DTO 0201" (January, 2022) may be
accessed via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (22) "Renewal requirements" are
available through the driver training program's on-line application
database at https://services.dps.ohio.gov/DETS. (23) "Request for Duplicate
Certificate" or form "DTO 0120" (July, 2014) may be accessed via
the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (24) "Required Minimum Standards for
Online Driver Education" or form "DTO 0051" (August, 2020) may
be accessed via the Ohio driver training program website at
http://www.drivertraining.ohio.gov/forms.aspx. (25) "Sexual Harassment Prevention
Training" or "WBT650-DriversTraining" (September, 2014) may be
accessed via the "Public Safety Training Campus" at
http://www.drivertraining.ohio.gov/. (B) Materials incorporated by reference
are also available by writing to the "Ohio Department of Public Safety,
Driver Training Program, 1970 West Broad Street, Columbus, Ohio
43223."
Last updated May 2, 2022 at 9:08 AM
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