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.