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IC 9-27-6-1
Application
Sec. 1. This chapter applies after December 31, 2011.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-2
Exceptions to application
Sec. 2. This chapter does not apply to the following:
(1) An individual giving driver training lessons without charge.
(2) Employers maintaining driver training schools without
charge for employees of the employer only.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-3
Commercial driver training school
Sec. 3. (a) As used in this chapter, "commercial driver training
school" means a business enterprise that:
(1) is conducted by an individual, an association, a partnership,
a limited liability company, or a corporation for the education
and training of persons, practically or theoretically, or both, to
operate or drive motor vehicles or to prepare an applicant for an
examination or validation under IC 9-24 for a driver's license;
and
(2) charges consideration or tuition for the provision of
services.
(b) The term does not include a business enterprise that educates
or trains a person or prepares a person for an examination or a
validation given by the bureau to operate or drive a motor vehicle as
a vocation.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-4
Instructor
Sec. 4. As used in this chapter, "instructor" means the following:
(1) An individual, whether acting as the operator of a
commercial driver training school or on behalf of a commercial
driver training school, who for compensation teaches, conducts
classes for, gives demonstrations to, or supervises the practice
of individuals learning to operate or drive motor vehicles or
preparing to take an examination for a driver's license.
(2) An individual who supervises the work of an instructor.
(3) An individual licensed under IC 20-28-5-1.
(4) An individual under the authority of a postsecondary
proprietary educational institution (as defined in IC 21-17-1-13)
who is teaching, conducting classes for, giving demonstrations
to, or supervising the practice of individuals learning to operate
or drive motor vehicles or preparing to take an examination for
a driver's license.
(5) An individual under the authority of a state educational
institution (as defined in IC 21-7-13-32) who is teaching,
conducting classes for, giving demonstrations to, or supervising
the practice of individuals learning to operate or drive motor
vehicles or preparing to take an examination for a driver's
license.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-5
Driver education advisory board
Sec. 5. (a) As used in this section, "board" refers to the driver
education advisory board established by subsection (b).
(b) The driver education advisory board is established to advise
the commissioner in the administration of the policies of the
commission and the bureau regarding driver education.
(c) The board is composed of seven (7) individuals appointed by
the commissioner as follows:
(1) Three (3) members must be driver education professionals
endorsed by the bureau under section 8 of this chapter. In the
selection of individuals for membership under this subdivision,
consideration must be given to driver education instruction
performed in urban and rural areas.
(2) One (1) member must be a traffic safety advocate.
(3) One (1) member must be a representative of the bureau.
(4) One (1) member must be a representative of higher
education.
(5) One (1) member must be a representative of the insurance
industry.
(d) A member of the board serves a three (3) year term. A member
may not serve more than two (2) consecutive full terms. Each
member serves until the member's successor is appointed and
qualified.
(e) A member of the board may be removed for good cause.
(f) A vacancy on the board shall be filled by the appointment by
the commissioner of an individual to fill the position to which the
vacating member was appointed under subsection (c) for the vacating
member's unexpired term.
(g) At the first meeting of the board each year, the members shall
elect:
(1) one (1) member to be the board's chairperson;
(2) one (1) member to be the board's vice chairperson; and
(3) one (1) member to be the board's secretary.
The chairperson, vice chairperson, and secretary serve until their
successors are elected and qualified.
(h) A vacancy in the office of chairperson, vice chairperson, or
secretary shall be filled by vote of the members. The term of office
of a board member chosen to fill a vacancy under this subsection
expires at the first meeting of the board the following year.
(i) The driver education board shall meet at least two (2) times per
year. Additional meetings may be convened at the call of the
chairperson of the board or the written request of any three (3)
members.
(j) Four (4) members of the board constitute a quorum for doing
business. The majority vote of the members who constitute the
quorum and are present and voting is required for the passage of a
matter put to a vote of the board.
(k) The bureau shall provide staff and administrative support to
the board.
(l) The board has the following powers:
(1) To consult with and advise the commissioner in the
administration of the policies of the commission and the bureau
regarding driver education.
(2) To suggest rules regarding the education and training of
persons to operate or drive motor vehicles or to prepare a
person for an examination or validation for a driver's license.
(m) A member of the board is not subject to liability in a civil
action for bodily injury or property damage arising from or thought
to have arisen from an action taken in good faith as a member of the
board.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-6
Commercial driver training school license
Sec. 6. (a) To establish or operate a commercial driver training
school, the commercial driver training school must obtain a
commercial driver training school license from the bureau in the
manner and form prescribed by the bureau.
(b) Subject to subsections (c) and (d), the bureau shall adopt rules
under IC 4-22-2 that state the requirements for obtaining a
commercial driver training school license. The rules adopted must be
substantially equivalent to rules adopted under section 7(b) of this
chapter.
(c) The rules adopted under subsection (b) must permit a licensed
commercial driver training school to provide classroom training
during which an instructor is present in a county outside the county
where the commercial driver training school is located to the students
of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under
IC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial driver
training school may provide classroom training in an entity listed in
subdivisions (1) through (3) only if the governing body of the entity
approves the delivery of the training to its students.
(d) The rules adopted under subsection (b) must provide that the
classroom training part of driver education instruction may not be
provided to a child less than fifteen (15) years of age.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-7
Driver education programs; school license
Sec. 7. (a) To establish or operate a driver education program
under the authority of a:
(1) school corporation (as defined in IC 36-1-2-17);
(2) nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) nonpublic secondary school recognized under
IC 20-19-2-10;
(4) postsecondary proprietary educational institution (as defined
in IC 21-17-1-13);
(5) state educational institution (as defined in IC 21-7-13-32);
or
(6) nonaccredited nonpublic school;
the entity providing the training must obtain a school license from
the bureau in the manner and form prescribed by the bureau.
(b) Subject to subsection (c), the bureau shall adopt rules under
IC 4-22-2 that state the requirements for obtaining a school license.
The rules adopted must be substantially equivalent to rules adopted
under section 6(b) of this chapter.
(c) The rules adopted under subsection (b) must provide that the
classroom training part of driver education instruction may not be
provided to a child less than fifteen (15) years of age.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-8
Driver education instructor; instructor's endorsement
Sec. 8. (a) To be eligible to act as a driver education instructor, an
individual must obtain an instructor's endorsement from the bureau
in the manner and form prescribed by the bureau.
(b) Subject to subsection (c), the bureau shall adopt rules under
IC 4-22-2 that state the requirements for obtaining and renewing an
instructor's endorsement, including the requirements for continuing
education for instructors. The rules must specify the requirements,
including requirements about criminal convictions, necessary to
satisfy the conditions of subsection (c)(3).
(c) The bureau shall issue an instructor's endorsement to an
individual who:
(1) meets the requirements of subsection (a) and rules adopted
under subsection (b);
(2) does not have more than the maximum number of points for
violating traffic laws specified by the bureau by rules adopted
under IC 4-22-2; and
(3) has a good moral character, physical condition, knowledge
of the rules of the road, and work history.
Only an individual who holds an instructor's endorsement issued by
the bureau under this subsection may act as an instructor.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-9
Licenses; endorsements; expiration and renewal; fees to be
prescribed by rule; no refund of license or endorsement fee if
application rejected or license suspended or revoked; deposit of
fees
Sec. 9. (a) A license issued under section 6 or 7 of this chapter or
an endorsement issued under section 8 of this chapter expires on the
last day of the fiscal year and may be renewed upon application to
the bureau.
(b) The fee for a license issued under section 6 or 7 of this chapter
or an endorsement issued under section 8 of this chapter must be
prescribed by rule under section 11(1) of this chapter.
(c) A license or endorsement fee may not be refunded if the
license or endorsement application is rejected or the license is
suspended or revoked.
(d) A license or endorsement fee collected under this section shall
be deposited in the motor vehicle highway account fund established
under IC 8-14-1.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-10
Refusal of issuance, refusal to renew, cancellation, suspension, or
revocation of license or endorsement
Sec. 10. The bureau may refuse to issue, refuse to renew, cancel,
suspend, or revoke a license or an endorsement issued under this
chapter if it is shown that the person:
(1) who applied for the license or endorsement does not meet
the requirements necessary to obtain the license or
endorsement;
(2) no longer meets the requirements necessary to maintain the
license or endorsement; or
(3) has willfully violated this chapter or a rule adopted by the
bureau concerning driver education instruction.
As added by P.L.145-2011, SEC.21.
IC 9-27-6-11
Adoption of rules by bureau concerning license and endorsements
Sec. 11. In addition to adopting rules under sections 6(b), 7(b),
8(b), and 9(b) of this chapter, the bureau shall adopt rules under
IC 4-22-2 concerning the following:
(1) Methods and procedures for the investigation and evaluation
of the qualifications of individuals applying for licenses under
sections 6 and 7 of this chapter and endorsements under section
8 of this chapter.
(2) The criteria upon which to issue, deny, suspend, renew, and
revoke licenses and endorsements under section 10 of this
chapter, including requirements for continuing education for
instructors.
(3) Procedures for:
(A) the investigation into potential grounds for; and
(B) conduct of hearings on;
the issuance, renewal, cancellation, suspension, or revocation
of a license or an endorsement.
(4) Standards for classroom and in-car driver education
curriculum (including classroom instruction, Internet
instruction, and practice driving) and equipment. Classroom
instruction standards established under this subdivision must
provide for instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must limit classroom instruction to students at least fifteen
(15) years of age.
(5) Limitations on the number of:
(A) hours an instructor may teach in a day; and
(B) classroom and driving hours in which a driver education
student may participate during a day.
(6) Programs to improve parental involvement in driver
education.
(7) Establishment and maintenance of standards for instructors
of driver education, including:
(A) secondary school driver education instructors;
(B) commercial driver training school instructors; and
(C) higher education driver education instructors.
As added by P.L.145-2011, SEC.21.