CHAPTER 6.5. COMMERCIAL DRIVER TRAINING SCHOOLS
IC 5-2-6.5
Chapter 6.5. Commercial Driver Training Schools
IC 5-2-6.5-1
Date of applicability
Sec. 1. This chapter applies after December 31, 2008.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-2
Application of chapter
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 withoutcharge, for employees of the employer only.
(3) Schools or classes conducted by colleges, universities, andhigh schools for regularly enrolled students.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-3
"Bureau"
Sec. 3. As used in this chapter, "bureau" refers to the bureau ofmotor vehicles created by IC 9-14-1-1.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-4
"College"
Sec. 4. As used in this chapter, "college" means:
(1) an accredited college;
(2) a technical college;
(3) a university; or
(4) a junior college.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-5
"Commercial driver training school"
Sec. 5. (a) As used in this chapter, "commercial driver trainingschool" means a business enterprise that:
(1) is conducted by an individual, an association, a partnership,a limited liability company, or a corporation for the educationand training of persons, practically or theoretically, or both, tooperate or drive motor vehicles or to prepare an applicant for anexamination or validation given by the bureau under IC 9-24 fora driver's license; and
(2) charges consideration or tuition for the provision ofservices.
(b) The term does not include a business enterprise that educatesor trains a person or prepares a person for an examination or avalidation given by the bureau to operate or drive a motor vehicle asa vocation.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-6
"Driver's license"
Sec. 6. As used in this chapter, "driver's license" has the meaningset forth in IC 9-13-2-48.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-7
"Institute"
Sec. 7. As used in this chapter, "institute" refers to the Indianacriminal justice institute established by IC 5-2-6-3.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-8
"Instructor"
Sec. 8. As used in this chapter, "instructor" means the following:
(1) An individual, whether acting as the operator of acommercial driver training school or on behalf of a commercialdriver training school, who for compensation teaches, conductsclasses of, gives demonstrations to, or supervises the practice ofindividuals learning to operate or drive motor vehicles orpreparing to take an examination for a driver's license.
(2) An individual who supervises the work of an instructor.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-9
Commercial driver training school licenses; rules statingrequirements for license
Sec. 9. (a) To establish or operate a commercial driver trainingschool, the commercial driver training school must obtain acommercial driver training school license from the institute in themanner and form prescribed by the institute.
(b) Subject to subsections (c) and (d), the institute shall adoptrules under IC 4-22-2 that state the requirements for obtaining acommercial driver training school license, including the following:
(1) Location of the commercial driver training school.
(2) Equipment required.
(3) Courses of instruction.
(4) Instructors.
(5) Previous records of the commercial driver training schooland instructors.
(6) Financial statements.
(7) Schedule of fees and charges.
(8) Character and reputation of the operators and instructors.
(9) Insurance in the amount and with the provisions the instituteconsiders necessary to adequately protect the interests of thepublic.
(10) Other matters the institute prescribes for the protection ofthe public.
(c) The rules adopted under subsection (b) must permit a licensedcommercial driver training school to provide classroom training
during which an instructor is present in a county outside the countywhere the commercial driver training school is located to the studentsof:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomesaccredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized underIC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial drivertraining school may provide classroom training in an entity listed insubdivisions (1) through (3) only if the governing body of the entityapproves the delivery of the training to its students.
(d) Notwithstanding subsection (b)(3), the rules adopted undersubsection (b) must provide that the classroom instruction and thepractice driving instruction required for students of a commercialdriver training school be the same as the rules adopted by the stateboard of education under IC 20-19-2-8(4) concerning the standardsfor driver education programs, including classroom instruction andpractice driving.
(e) The rules adopted under subsection (b) must provide, effectiveJuly 1, 2010, that the classroom training part of driver educationinstruction may not be provided to a child less than fifteen (15) yearsand one hundred eighty (180) days of age.
As added by P.L.107-2008, SEC.2. Amended by P.L.101-2009,SEC.1.
IC 5-2-6.5-10
Driver training instructor licenses; educational requirements
Sec. 10. (a) To be eligible for an instructor's license undersubsection (d), an individual must complete at least sixty (60)semester hours at a postsecondary educational institution. Theindividual must:
(1) complete at least nine (9) semester hours in driver educationcourses; and
(2) be at least twenty-one (21) years of age upon completion ofthe driver education courses required by subdivision (1).
(b) The driver education courses required under subsection (a)(1)must include a combination of theoretical and behind-the-wheelinstruction that is consistent with nationally accepted standards intraffic safety.
(c) The driver education semester hours completed undersubsection (a)(1) do not satisfy the requirements of subsection (d)unless the driver education curriculum is approved by thecommission for higher education.
(d) The institute shall issue an instructor's license to an individual:
(1) who:
(A) meets the requirements of subsection (a);
(B) does not have more than the maximum number of points
for violating traffic laws specified by the bureau by rulesadopted under IC 4-22-2; and
(C) has a good moral character, physical condition,knowledge of the rules of the road, and work history; or
(2) who holds a driver and traffic safety education endorsementissued by the department of education established byIC 20-19-3-1 and meets the requirements of subdivision (1)(B)and (1)(C).
The institute shall adopt rules under IC 4-22-2 that specify therequirements, including requirements about criminal convictions,necessary to satisfy the conditions of subdivision (1)(C). Only anindividual who holds an instructor's license issued by the instituteunder this subsection may act as an instructor.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-11
License expiration and renewal; payment; fees; deposit of licensefee
Sec. 11. (a) A license issued under section 9 or 10 of this chapterexpires on the last day of the fiscal year and may be renewed uponapplication to the institute as prescribed by rule.
(b) Each application for an original or a renewal license must beaccompanied by a:
(1) certified check;
(2) corporate check; or
(3) United States postal money order.
(c) The fee for:
(1) an original or a renewal commercial driver training schoollicense is one hundred dollars ($100); and
(2) an original or a renewal instructor's license is ten dollars($10).
(d) A license fee may not be refunded if the license application isrejected or the license is suspended or revoked.
(e) A license fee collected under this section shall be deposited inthe motor vehicle highway account fund established under IC 8-14-1.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-12
Administration and enforcement of chapter; rules; assistance ofsuperintendent of public instruction
Sec. 12. (a) The institute shall adopt rules under IC 4-22-2 that arenecessary to administer and enforce this chapter and to protect thepublic.
(b) The institute shall do the following:
(1) Inspect the following:
(A) Commercial driver training school facilities.
(B) Equipment of applicants for licenses and licensees underthis chapter.
(2) Examine applicants for instructor's licenses.
(c) The institute shall administer and enforce this chapter and may
request assistance from the state superintendent of public instructionin developing and formulating appropriate rules.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-13
Cancellation, suspension, revocation, or refusal to issue or renewlicense for chapter or rule violation; return of license
Sec. 13. (a) The institute may:
(1) cancel;
(2) suspend;
(3) revoke;
(4) refuse to issue; or
(5) refuse to renew;
a commercial driver training school license or an instructor's licenseif the institute finds that a licensee or an applicant has not compliedwith or has violated this chapter or a rule adopted by the instituteunder this chapter.
(b) A person who holds a license that has been canceled,suspended, or revoked under this section shall return the license tothe institute.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-14
Cancellation, suspension, revocation, or refusal to renew license forabsence of continued qualification for license or for willfulviolation of chapter or rule; notice and hearing
Sec. 14. The institute, after notice and opportunity for a hearing,may cancel, suspend, revoke, or refuse to renew a license issuedunder this chapter if it is shown that the person who holds thelicense:
(1) no longer meets the requirements necessary to obtain thelicense; or
(2) has willfully violated this chapter or a rule adopted by theinstitute.
As added by P.L.107-2008, SEC.2.
IC 5-2-6.5-15
Penalty for violation of chapter
Sec. 15. A person who violates this chapter commits a Class Cinfraction.
As added by P.L.107-2008, SEC.2.