2013 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 27. TRAFFIC SAFETY AND DRIVER EDUCATION PROGRAMS
CHAPTER 6. DRIVER EDUCATION TRAINING
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IC 9-27-6
Chapter 6. Driver Education Training
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
Driver training school
Sec. 3. (a) As used in this chapter, "driver training school" means:
(1) a business enterprise that:
(A) 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
(B) charges consideration or tuition for the provision of
services; or
(2) a driver education program operated under the authority of:
(A) a school corporation (as defined in IC 36-1-2-17);
(B) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(C) a nonpublic secondary school recognized under
IC 20-19-2-10;
(D) a postsecondary proprietary educational institution (as
defined in IC 22-4.1-21-9);
(E) a postsecondary credit bearing proprietary educational
institution (as defined in IC 21-18.5-2-12);
(F) a state educational institution (as defined in
IC 21-7-13-32); or
(G) a nonaccredited nonpublic school.
(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. Amended by P.L.85-2013,
SEC.69.
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 driver
training school or on behalf of a 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 22-4.1-21-9) or a postsecondary credit bearing proprietary
educational institution (as defined in IC 21-18.5-2-12) 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. Amended by P.L.107-2012,
SEC.3; P.L.85-2013, SEC.70.
IC 9-27-6-5
Driver education advisory board
Sec. 5. (a) As used in this section, "advisory 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 advisory 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 advisory board serves a two (2) year term. A
member may not be appointed to more than two (2) consecutive full
terms. Each member serves until the member's successor is appointed
and qualified.
(e) A member of the advisory board may be removed for good
cause.
(f) A vacancy on the advisory 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) The advisory board shall:
(1) consult with and advise the commissioner in the
administration of the policies of the commission and the bureau
regarding driver education; and
(2) 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.
(h) A member of the advisory 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 advisory board.
As added by P.L.145-2011, SEC.21. Amended by P.L.125-2012,
SEC.304; P.L.85-2013, SEC.71.
IC 9-27-6-6
Driver training school license
Sec. 6. (a) To establish or operate a driver training school, the
driver training school must obtain a 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 driver
training school license.
(c) The rules adopted under subsection (b) must permit a licensed
driver training school to provide classroom training during which an
instructor is present in a county outside the county where the 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 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. Amended by P.L.85-2013,
SEC.72.
IC 9-27-6-7
Repealed
(Repealed by P.L.85-2013, SEC.73.)
IC 9-27-6-8
Driver education instructor; license
Sec. 8. (a) To be eligible to act as a driver education instructor, an
individual must obtain an instructor's 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 and renewing an
instructor's license, 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 license 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 license issued by the
bureau under this subsection may act as an instructor.
As added by P.L.145-2011, SEC.21. Amended by P.L.85-2013,
SEC.74.
IC 9-27-6-9
Licenses; expiration; fees; refund; deposit of fees
Sec. 9. (a) A license issued under section 6 or 8 of this chapter
expires on the last day of the fiscal year in even-numbered years and
may be renewed upon application to the bureau.
(b) The fee for a license issued under section 6 or 8 of this chapter
must be prescribed by rule under section 11(1) of this chapter.
(c) A license fee may not be refunded if the license application is
rejected or the license is suspended or revoked.
(d) 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.145-2011, SEC.21. Amended by P.L.85-2013,
SEC.75.
IC 9-27-6-10
Refusal to issue or renew, cancel, suspend, or revoke license
Sec. 10. The bureau may refuse to issue, refuse to renew, cancel,
suspend, or revoke a license issued under this chapter if it is shown
that the person:
(1) who applied for the license does not meet the requirements
necessary to obtain the license;
(2) no longer meets the requirements necessary to maintain the
license; 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. Amended by P.L.85-2013,
SEC.76.
IC 9-27-6-11
Rules concerning licenses
Sec. 11. In addition to adopting rules under sections 6(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 8 of this chapter.
(2) The criteria upon which to issue, deny, suspend, renew, and
revoke licenses 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.
(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) driver training school instructors; and
(C) higher education driver education instructors.
As added by P.L.145-2011, SEC.21. Amended by P.L.85-2013,
SEC.77.
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