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 without charge, for employees of the employer only.
        (3) Schools or classes conducted by colleges, universities, and high 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 of motor 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 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 given by the bureau 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.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 meaning set 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 Indiana criminal 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 a commercial driver training school or on behalf of a commercial driver training school, who for compensation teaches, conducts classes of, 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.
As added by P.L.107-2008, SEC.2.

IC 5-2-6.5-9
Commercial driver training school licenses; rules stating requirements for license
    
Sec. 9. (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 institute in the manner and form prescribed by the institute.
    (b) Subject to subsections (c) and (d), the institute shall adopt rules under IC 4-22-2 that state the requirements for obtaining a commercial 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 school and 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 institute considers necessary to adequately protect the interests of the public.
        (10) Other matters the institute prescribes for the protection of the public.
    (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) Notwithstanding subsection (b)(3), the rules adopted under subsection (b) must provide that the classroom instruction and the practice driving instruction required for students of a commercial driver training school be the same as the rules adopted by the state board of education under IC 20-19-2-8(4) concerning the standards for driver education programs, including classroom instruction and practice driving.
    (e) The rules adopted under subsection (b) must provide, effective July 1, 2010, that the classroom training part of driver education instruction may not be provided to a child less than fifteen (15) years and 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 under subsection (d), an individual must complete at least sixty (60) semester hours at a postsecondary educational institution. The individual must:
        (1) complete at least nine (9) semester hours in driver education courses; and
        (2) be at least twenty-one (21) years of age upon completion of the 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-wheel instruction that is consistent with nationally accepted standards in traffic safety.
    (c) The driver education semester hours completed under subsection (a)(1) do not satisfy the requirements of subsection (d) unless the driver education curriculum is approved by the commission 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 rules adopted 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 endorsement issued by the department of education established by IC 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 the requirements, including requirements about criminal convictions, necessary to satisfy the conditions of subdivision (1)(C). Only an individual who holds an instructor's license issued by the institute under 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 license fee
    
Sec. 11. (a) A license issued under section 9 or 10 of this chapter expires on the last day of the fiscal year and may be renewed upon application to the institute as prescribed by rule.
    (b) Each application for an original or a renewal license must be accompanied 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 school license 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 is rejected or the license is suspended or revoked.
    (e) A license 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.107-2008, SEC.2.

IC 5-2-6.5-12
Administration and enforcement of chapter; rules; assistance of superintendent of public instruction
    
Sec. 12. (a) The institute shall adopt rules under IC 4-22-2 that are necessary to administer and enforce this chapter and to protect the public.
    (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 under this 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 instruction in 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 renew license 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 license if the institute finds that a licensee or an applicant has not complied with or has violated this chapter or a rule adopted by the institute under this chapter.
    (b) A person who holds a license that has been canceled, suspended, or revoked under this section shall return the license to the institute.
As added by P.L.107-2008, SEC.2.

IC 5-2-6.5-14
Cancellation, suspension, revocation, or refusal to renew license for absence of continued qualification for license or for willful violation 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 issued under this chapter if it is shown that the person who holds the license:
        (1) no longer meets the requirements necessary to obtain the license; or
        (2) has willfully violated this chapter or a rule adopted by the institute.
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 C infraction.
As added by P.L.107-2008, SEC.2.