500 Ky. Admin. Regs. 15:010

Current through Register Vol. 51, No. 6, December 1, 2024

Section 500 KAR 15:010 - Motorcycle safety education program

RELATES TO: KRS 15A.350 - 15A.366, 186.401, 186.450, 186.531, 186.535

NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.356 authorizes the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations that are reasonable and necessary to carry out the provisions of 15A.350 to 15A.366. This administrative regulation establishes the criteria and procedures required for approval of instructors for motorcycle safety education training, instructor training course provider requirements and selection criteria, training course requirements, fees for enrollment in a motorcycle rider training course, and training provider requirements and selection criteria.

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 15A.011(1).

(2) "Commission" means the Motorcycle Safety Education Commission established pursuant to KRS 15A.362.

(3) "Instructor" means a person recognized by the cabinet who conducts motorcycle rider training and may also be known as a rider coach.

(4) "Instructor training course" means a process recognized by the cabinet that prepares an individual to teach a motorcycle rider training course.

(5) "Instructor training course provider" means a person or entity recognized by the cabinet to conduct an instructor training course.

(6) "Instructor trainer" means a person approved by the cabinet to train instructors.

(7) "Program administrator" means the person designated or appointed by the secretary of the cabinet to administer the Motorcycle Safety Education Program.

(8) "Range" means a paved area approved for practicing motorcycle riding skills during a training course.

(9) "Training provider" means a person or entity approved by the cabinet to conduct a rider training course.

Section 2. Training, Approval, and Reporting Requirements of Instructors.

(1) To request approval to be an instructor, an individual shall:

(a) Meet the requirements of KRS 15A.354;

(b) Have a current motorcycle endorsement on the individual's driver's license;

(c) Provide a certified copy of the applicant's driving record for the previous five (5) years in Kentucky or other state in which the applicant holds a driver's license;

(d) Not have been convicted of a felony sex offense in KRS Chapter 510;

(e) Be able to lift the motorcycle required to be used in the training of students;

(f) Be able to perform the motorcycle maneuvers required in the training to be provided;

(g) Complete the Instructor Application in full;

(h) Successfully complete a recognized instructor training course listed on the Motorcycle Safety Education Commission Web site at https://justice.ky.gov/pages/motorcycle-safety-education.aspx;

(i) Provide a diploma, certificate of completion, or other similar documentation from the instructor training course to verify completion of one (1) of the recognized training courses;

(j) Have ridden a motorcycle for at least 1,000 miles within the previous twelve (12) months; and

(k) Submit the application with all other required documents to the program administrator by mailing to Motorcycle Safety Education Commission, Program Administrator, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601.

(2) If an instructor is currently approved and requests to be requalified as an instructor for another year, the instructor shall:

(a) Not have had his driver's license suspended or revoked at any time during the preceding two (2) years or at any time within the preceding five (5) years for any alcohol or drug related offense; and

(b) Provide proof of teaching a minimum of two (2) motorcycle safety courses in the previous year; or

(c) Provide proof of teaching one (1) motorcycle safety course in the previous year; and

(d) Successfully complete in the previous year an approved instructor training course listed on the Motorcycle Safety Education Commission Web site; or

(e) Successfully complete in the previous year a teaching skills course provided by the cabinet or its designee.

(3) Instructor application review and processing.

(a) After review of the application:

1. If the application is missing information, the program administrator shall return the application to the applicant with a request for the missing information; or

2. If the application is missing required documentation, the program administrator shall send a request for the missing documentation to the applicant.

(b) Instructor Application Approval or Denial

1. If the application is complete, within thirty (30) days, the program administrator shall notify the applicant of:

a. Approval as an instructor if all of the requirements in this administrative regulation have been met in the application and the required documentation received; or

b. Denial of approval as an instructor if all of the requirements have not been met in the application.

2. Approval for an instructor shall be valid for (1) year from the date of the approval notice.

(4) Instructor Required Notices. The instructor shall provide written notice with specific details concerning the matter to the program administrator:

(a) If the instructor's driver's license is suspended or revoked;

(b) If the instructor is convicted of a felony sex offense in KRS Chapter 510;

(c) Of teaching one (1) or two (2) motorcycle safety courses each year; and

(d) Any change in contact information.

Section 3. Instructor Training Course Provider Responsibilities.

(1) An instructor training course provider shall:

(a) Provide training facilities and equipment required by the approved curriculum;

(b) Provide all course materials including handouts, books, and other items required by the approved curriculum to each participant;

(c) Obtain and maintain all certifications required to teach and certify new instructors within the curriculum being taught;

(d) Coordinate with existing instructor training course providers to deliver training sessions in a specific region based on need and available instructors or candidates;

(e) Report the following participant and course data to the program administrator;

1. Completion status of participants;

2. Contact information of participants; and

3. Instructor certification numbers, if available;

(f) Allow quality assurance inspections of its training courses at the request of the program administrator; and

(g) Conduct quality assurance visits at the request of the program administrator.

(2) Instructor Training Course Provider Required Notices. The instructor training course provider shall notify the program administrator:

(a) If the instructor training course provider or its instructor trainer has lost certification from the appropriate curriculum governing body;

(b) If the instructor training course provider or its instructor trainer has lost his or her driver's license due to suspension or revocation;

(c) If the instructor training course provider or its instructor trainer is convicted of a felony sex offense in KRS Chapter 510; and

(d) Any change in contact information.

Section 4. Training Provider Responsibilities.

(1) A training provider shall:

(a) Follow a curriculum in compliance with the Model National Standards for Entry-Level Motorcycle Rider Training published by the National Highway Traffic Safety Administration and recognized by the commission as described in Section 9(4) of this administrative regulation;

(b) Ensure a sufficient number of courses and instructors are available to meet demand in the local geographic area;

(c) Schedule classes and instructors as needed;

(d) Provide a schedule of classes to the program administrator and any schedule updates throughout the training season;

(e) Register students and take payment using the cabinet Web site or, if the Web site is unavailable, remit student tuition payments to the program administrator made payable to the Kentucky State Treasurer;

(f) Not use participant data, such as contact information, for any purpose outside of the provision of the rider education course;

(g) Keep all participant information confidential and not share with any third parties without prior approval from the cabinet;

(h) Obtain and maintain a training range, motorcycles, safety equipment, classroom, and other course equipment according to Sections 6 through 8 of this administrative regulation;

(i) Provide classroom materials such as books, handouts, videos, and other items as needed for completion of the course;

(j) Have access to a computer or other appropriate device with internet capability and printer for student and course management and printing course completion certificates;

(k) Supervise and monitor adherence of instructors to course curriculum and course delivery;

(l) Solicit student feedback and distribute course evaluations;

(m) Forward student feedback to the cabinet upon request;

(n) Maintain the following insurance:

1. General liability insurance in an amount not less than $1,000,000 underwritten by an insurance carrier licensed and approved by the Kentucky Department of Insurance, which shall include personal injury insurance for students and instructors;

2. Any insurance, including workers compensation and unemployment insurance, required by federal, state, or local law.

(o) Submit student information in a manner prescribed by the cabinet for the purpose of reimbursement of services;

(p) Issue a course completion certificate as described in Section 9(5) of this administrative regulation to a student who has successfully completed the course; and

(q) Establish and implement policies and procedures for delivery of instruction and maintenance of site location and equipment. The training provider shall submit its policies and procedures regarding maintenance of site locations and equipment for written approval or denial to the program administrator before it or any part of it becomes effective and enforceable.

(2) Training Provider Required Notices. The training provider shall notify the program administrator:

(a) If the training provider's range is no longer available or has lost certification from the appropriate curriculum governing body;

(b) Of loss or change in required insurance;

(c) If the training provider cannot deliver services due to availability of instructors or equipment;

(d) Of any accidents involving bodily injury that occur during course instruction;

(e) Of proposed changes to policy and procedures regarding maintenance of equipment or delivery of instruction prior to implementation.

(f) Of any breach involving student data within seven (7) days of discovery of the breach; and

(g) Of any change in contact information.

Section 5. Student-Instructor Ratio. The instructor to student ratio shall not exceed the following:

(1) An instructor shall not teach more than thirty-six (36) students during classroom instruction;

(2) An instructor shall not teach more than eight (8) students during range instruction if teaching alone; and

(3) Two instructors shall not teach more than twelve (12) students during range instruction.

Section 6. Training Course Range Requirements.

(1) A range shall include fifty-six (56) linear feet per student at the perimeter dimension and a minimum of twenty (20) feet paved run-off area on each side.

(2) A range shall be approved by the governing body of the recognized curriculum prior to use.

(3) Student range capacity shall be the total linear feet of the perimeter divided by fifty-six (56) and rounded down.

(4) A standard range shall be 120 feet by 220 feet with a minimum paved run-off area of twenty (20) feet on each side.

(5) A modified range may be used if it meets the requirements in (1) through (3) of this section.

Section 7. Training Motorcycles.

(1) A training motorcycle shall be a 500cc motorcycle or smaller;

(2) One motorcycle shall be available for each student participating in the range session;

(3) A motorcycle shall be intended by the manufacturer for street use, but may have:

(a) The headlight disabled for use on the range; or

(b) A speed or RPM limiting device installed; and

(4) A motorcycle used in the training course shall be maintained in safe operating condition according to the manufacturer's specifications.

Section 8. Training Course Range Equipment.

(1) Protective Equipment. A rider shall wear the following protective equipment during range instruction:

(a) A full face or three-quarter helmet certified by its manufacturer to meet US DOT Federal Motor Vehicle Safety Standard No. 218 in good condition;

(b) A face shield, goggles, or glasses;

(c) Leather or other abrasion-resistant, full-fingered gloves;

(d) A weather appropriate, long-sleeved shirt or jacket that fully covers the arms;

(e) Long pants that fully cover the legs; and

(f) Boots or other sturdy, over-the-ankle footwear.

(2) Safety equipment. A range shall have and maintain the following equipment in close proximity to the riding area during range instruction:

(a) Class A fire extinguisher;

(b) First aid kit; and

(c) An appropriate number of cones or other markers for the outline of riding exercises.

Section 9. Rider Training Courses for Novice Riders.

(1) A rider training course for novice riders shall:

(a) Meet the requirements of KRS 15A.352(2);

(b) Meet or exceed the Model National Standards for Entry-Level Motorcycle Rider Training published by the National Highway Traffic Safety Administration;

(c) Follow a curriculum recognized by the commission as described in subsection 4 of this section;

(d) Not be less than eight (8) hours of hands-on instruction for a novice course;

(e) Be provided by instructors approved by the cabinet; and

(f) Meet the training course requirements in this administrative regulation.

(2) Course materials shall include the Kentucky Motorcycle Manual maintained by the Kentucky State Police and a diagram of the motorcycle with basic parts for driving identified. Materials may also include those specific to the curriculum being taught and required by the governing body of the curriculum.

(3) Student evaluation shall include a:

(a) Written exam that addresses:

1. Current traffic laws with a focus on motorcycles; and

2. Best practices of motorcycle operation; and

(b) A skills test that demonstrates safe operation of the motorcycle in numerous situations.

(4) Training courses for novice riders recognized by the cabinet shall be listed on the Motorcycle Safety Education Commission Web site.

(5) Certificate of Completion

(a) Upon successful completion of a course that meets the requirements in this section of this administrative regulation and is included on the list of training courses for novice riders recognized by the cabinet, the student shall be issued a certificate of completion in physical or electronic format that shall include:

1. Date of course completion;

2. Provider of course taken;

3. Curriculum used in course; and

4. Certificate number.

(b) The student shall present this certificate to the Circuit Clerk in his county of residence to be used for an exemption of the skills portion of the motorcycle endorsement testing.

Section 10. Students.

(1) Enrollment and Registration Requirements. A student shall:

(a) Have a valid Kentucky driver's license or Kentucky motor vehicle instructional permit;

(b) Complete and sign a liability waiver form. A student under the age of eighteen (18) shall have a liability waiver from his or her parent or legal guardian, signed on-site or notarized, authorizing the student to take the course;

(c) Complete the registration process; and

(d) Pay any required fee.

(2) Course Completion. A student shall:

(a) Attend, participate in, and complete all required training sessions; and

(b) Achieve passing scores on required tests.

(c) Upon successful completion of the program, receive a course completion certificate as prescribed in this administration regulation.

Section 11. Approval of Courses for Exemption from the Licensing Skill Test.

(1) In order for a course to be approved for exemption from the licensing skill test pursuant to KRS 15A.352, a course shall:

(a) Meet the curriculum standards of and receive any approvals required by the Motorcycle Safety Foundation for motorcycle rider education or instructor training, but shall not include an online course without hands on training on a motorcycle;

(b) Meet the curriculum standards of and receive any approvals required by Total Control Training, Inc. for motorcycle rider education;

(c) Be a rider education training course administered by an approved training provider in another state which is recognized for exemption from the motorcycle licensing skill test in that state; or

(d) Be submitted to and approved by the commission for inclusion on the list.

(2) The courses approved for exemption by the commission shall be published on the commission's Web site.

Section 12. Data and Reporting.

(1) All reports shall be submitted electronically to the cabinet through the commission's Web site. If the program Web site is unavailable, reports shall be sent by electronic mail or by mailing to Motorcycle Safety Education Program, Program Administrator, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601.

(2) A training provider shall report to the program administrator:

(a) Course schedules and updates;

(b) Student attendance;

(c) Student contact information;

(d) Student driver's or permit license information;

(e) Course completion date;

(f) Whether student passed or failed course;

(g) Skills waiver card number if issued;

(h) Student feedback evaluations when requested; and

(i) Evaluations of instructors and the instructor training course provider.

(3) An instructor training course provider shall report to the program administrator:

(a) Student attendance;

(b) Results and recommendations for instructor candidates upon completion of training; and

(c) Results of quality assurance visits for both instructors and training providers.

Section 13. Quality Assurance.

(1) An instructor shall:

(a) Maintain all appropriate certifications required by the governing body of the recognized curriculum; and

(b) Participate in all required professional development activities as prescribed by the governing body of the recognized curriculum or cabinet.

(2) Instructor training course providers shall:

(a) Conduct periodic audits and provide feedback to instructors for the purpose of professional development at the request of the program administrator; and

(b) Maintain all appropriate certifications required by the governing body of the recognized curriculum.

(3) Portions of student evaluation form results may be made available for professional development to the following:

(a) Instructors;

(b) Instructor training course providers; and

(c) Training providers.

(4) The cabinet program administrator or designee may conduct audits as needed to review quality of instruction, range condition, equipment condition, and compliance with financial and other reporting requirements.

Section 14. Fees.

(1) A fee shall not be required for an individual who is:

(a) At least sixteen (16) years of age;

(b) Less than eighteen (18) years of age;

(c) A Kentucky resident; and

(d) Has a valid motor vehicle instructional permit or driver's license.

(2) A fee not to exceed $150 may be required for an individual who is:

(a) At least eighteen (18) years of age;

(b) A Kentucky resident; and

(c) Eligible for a motor vehicle instruction permit.

(3) Any fee shall be paid upon registration and shall not be refundable.

(4) Any fee shall be paid by check or money order made payable to the Kentucky State Treasurer or other means established through the Justice and Public Safety Cabinet Web site.

Section 15. Training Provider Selection Criteria.

(1) To request to be a training provider, the applicant shall:

(a) Complete the Training Provider Application in full;

(b) Submit evidence showing the person or entity has the ability meet the required responsibilities as prescribed in this administrative regulation. This shall include:

1. Description of expertise in offering this or similar type of program;

2. Range approval certification or application for certification;

3. Schedule of range availability or proposed course schedule;

4. List of training motorcycles including VIN number or plan to acquire them;

5. Maintenance records of owned motorcycles, if available;

6. Copies of policies or quotes to obtain required insurance;

7. Business plan showing anticipated costs and revenues to determine viability; and

8. Policy and procedures manual for course delivery, site, and equipment maintenance.

(c) Submit the application with all other required documents to the program administrator by electronic mail or by mailing to Motorcycle Safety Education Program, Program Administrator, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601.

(2) Application review and processing.

(a) After review of the application:

1. If the application is missing information, the program administrator shall return the application to the applicant with a request for the missing information; or

2. If the application is missing required documentation, the program administrator shall send a request for the missing documentation to the applicant.

(b) Application approval or denial.

1. If the application is complete, within thirty (30) days, the program administrator shall notify the applicant of:

a. Approval as a training provider if all of the requirements have been met in the application and send a certificate of approval. A contract between the cabinet and training provider shall also be sent for the training provider to sign and return to the cabinet within thirty (30) days of receipt; or

b. Denial of approval as a training provider if all of the requirements have not been met in the application.

2. Approval for a training provider shall be valid for two (2) years from the date of the approval notice.

Section 16. Instructor Training Course Provider Selection Criteria.

(1) To request to be an instructor training course provider, the person or entity shall:

(a) Complete the instructor training course provider application in full;

(b) Provide a diploma, certificate of completion, or other similar documentation from the instructor training course to verify completion of one (1) of the approved training courses for each instructor trainer;

(c) Submit evidence showing the person or entity has the ability meet the required responsibilities and course requirements in this administrative regulation. This shall include:

1. Description of expertise in offering this or similar type of program;

2. Copies of policies or quotes to obtain all required insurance;

3. Business plan showing anticipated costs and revenues to determine viability;

4. Policy and procedure manual or plan for new instructor training, quality assurance, and existing instructor professional development; and

5. Cost schedule for each type of class including number of participants, if applicable, and quality assurance visits.

(d) Submit the application with all other required documents to the program administrator by electronic mail or by mailing to Motorcycle Safety Education Program, Program Administrator, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601.

(2) Application review and processing. After review of the application:

(a) If the application is missing information, the program administrator shall return the application to the applicant with a request for the missing information; or

(b) If the application is missing required documentation, the program administrator shall send a request for the missing documentation to the applicant.

(3) Application approval or denial:

(a) If the application is complete, within thirty (30) days, the program administrator shall notify the applicant of:

(b) Approval as an instructor training course provider if all of the requirements have been met in the application and send a certificate of approval. A contract between the cabinet and instructor training course provider shall also be sent for the instructor training course provider to sign and return to the cabinet within thirty (30) days of receipt; or

(c) Denial of approval as a trainer if all of the requirements have not been met in the application.

(4) Approval for instructor training course provider shall be valid for two (2) years from the date of the approval notice.

Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Model National Standards for Entry-Level Motorcycle Rider Training", NHTSA, DOT HS 811 503, August 2011.

(b) "Model National Administrative Standards for State Motorcycle Rider Training Programs" NHTSA, November 2014, Report No. DOT HS 812 071.

(c) "Training Instructor Application", Motorcycle Safety Education Program, 2019.

(d) "Instructor Training Course Provider Application", Motorcycle Safety Education Program, 2019.

(e) "Training Provider Application", Motorcycle Safety Education Program, 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Motorcycle Safety Education Program, Office of the Secretary, 125 Holmes Street, Frankfort, Kentucky 40601 phone (502) 564-7554, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. The applications may also be obtained from the Motorcycle Safety Education Commission Web site at https://justice.ky.gov/Pages/Motorcycle-Safety-Education.aspx. The standards may also be obtained from the U.S. Department of Transportation, National Highway Traffic Safety Administration Web site in the Motorcycle Safety area at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/811503.pdf and https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/812071-modelnatladminmotorcycle.pdf.

500 KAR 15:010

46 Ky.R. 3355; eff. 6-5-2020.

STATUTORY AUTHORITY: KRS 15A.350, 15A.352, 15A.354, 15A.356