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TITLE 140 BUREAU OF MOTOR VEHICLES

Final Rule
LSA Document #18-5(F)

DIGEST

Amends 140 IAC 7-2-6 to remove language that prohibited a person who has been an instructor or owner of a school offering motorcycle instruction for a fee from administering an operational skills test to an applicant who was a student of such school. Effective 30 days after filing with the Publisher.



SECTION 1. 140 IAC 7-2-6 IS AMENDED TO READ AS FOLLOWS:

140 IAC 7-2-6 Motorcycle skills test

Authority: IC 9-14-8-3
Affected: IC 9-24-8

Sec. 6. (a) An applicant for motorcycle endorsement must take an operational skills test administered by a person whom the commissioner, or the commissioner's his or her designee, approves as a motorcycle operational skills test examiner. No person who has been an instructor or owner of a school offering motorcycle instruction for a fee may administer an operational skills test to an applicant who was a student of such school.

(b) The operational skills test must include maneuvers with a motorcycle involving proper starting, stopping, turning, braking, riding through obstacles, changing traffic lanes, and the testing of other areas of riding skills. The bureau shall determine the number of penalty points necessary to fail the skills test. If the applicant is assessed that number of penalty points any time prior to the completion of the test, the examination attempt will be terminated.

(c) A person who fails the operational skills test must wait until the next business day before being allowed to retake the operational skills test.

(d) All persons must wear a motorcycle helmet during the operational skills test.

(e) Every applicant must sign a waiver of liability prior to taking an operational skills test. The waiver must include the following information:
(1) The applicant understands they are taking a motorcycle operational skills test and believes they are qualified to take such test.
(2) The applicant will hold the commission, the state, the owners of the test site, and the motorcycle examiner harmless for any injury that the applicant or the applicant's motorcycle and equipment, or all, might sustain from any accident during the operational skills test.
(Bureau of Motor Vehicles; 140 IAC 7-2-6; filed Apr 28, 1981, 9:35 a.m.: 4 IR 901; filed Nov 9, 1983, 3:40 p.m.: 7 IR 25; errata filed Aug 10, 1992, 3:00 p.m.: 15 IR 2595; readopted filed Oct 17, 2001, 4:01 p.m.: 25 IR 920; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Oct 5, 2017, 9:34 a.m.: 20171101-IR-140160492FRA; filed Jun 1, 2018, 2:32 p.m.: 20180627-IR-140180005FRA)


LSA Document #18-5(F)
Notice of Intent: 20180110-IR-140180005NIA
Proposed Rule: 20180314-IR-140180005PRA
Hearing Held: April 9, 2018
Approved by Attorney General: May 29, 2018
Approved by Governor: June 1, 2018
Filed with Publisher: June 1, 2018, 2:32 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Natalie H. Huffman, Staff Attorney, Indiana Bureau of Motor Vehicles, Indiana Government Center North, 100 North Senate Avenue, Room N404, Indianapolis, IN 46204, (317) 232-1936, nahuffman@bmv.in.gov

Posted: 06/27/2018 by Legislative Services Agency

DIN: 20180627-IR-140180005FRA
Composed: Apr 29,2024 12:57:03AM EDT
A PDF version of this document.