4501-7-01 Definitions.

 

 

 

4501-7-01                    Definitions.

 

 

 

(A)   "Applicant" means any person applying for a license to be an authorizing official for a driver training school, an instructor, or a training manager.

 

(B)    "Authorizing official" or "official" means any person who owns or who maintains responsibility on behalf of an individual, corporation, business trust, estate, trust, partnership, or an association for the facilities, equipment, instructors, managers and other employees of a driver training enterprise.

 

(C)    "Beginning driver" means any person being trained to drive a particular class of motor vehicle who has not been previously licensed to drive that motor vehicle by any state or country.

 

(D)   "Behind-the-wheel instruction" means that portion of a driver training course which is devoted to teaching a student driving skill, provided to a student who is operating an approved motor vehicle, and presented by a licensed instructor.

 

(E)     "Certificate of completion" or "certificate" means a certificate furnished by the department to a licensed driver training enterprise and issued by the enterprise to students under age eighteen who have completed the required twenty-four hours of classroom instruction and eight hours of behind-the-wheel training to the satisfaction of the school's authorizing official or training manager as required by section 4508.02(C) of the Revised Code.

 

(F)     "Chargeable crash" means a conviction of, a guilty plea to, a finding of guilty following a plea of no contest to, or the forfeiture of any bail or collateral deposited to secure an appearance for a moving traffic violation as a result of a motor vehicle crash.

 

(G)   "Classroom" means any room within a driver training school used to teach students driver knowledge.

 

(H)   "Classroom instruction" means that portion of a driver training course that is devoted to teaching driver knowledge and which does not include the student's operation of a motor vehicle.

 

(I)  "Commercial driver license" means a license issued in accordance with Chapter 4506. of the Revised Code that authorizes an individual to drive a commercial motor vehicle.

 

(J)   "Commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets the qualifications listed in division (E) of section

 

 

4506.01 of the Revised Code.

(K)    "Current textbook or workbook" means a book published within the past ten years containing information for safe and responsible driver practices and used as part of an approved driver training curriculum.

(L)  "Department" means the Ohio department of public safety.

(M)    "Director" means the director of the Ohio department of public safety as set forth section 121.03(G) of the Revised Code, or the director's designee.

(N)   "Driver license" or "operator license" means a class D license issued to any person to operate a motor vehicle, other than a commercial motor vehicle, including a "probationary license" or a "restricted license" as defined in 4507.01(A) of the Revised Code.

(O)    "Driver training school" or "school" means each facility where driver training is conducted. A driver training school means either of the followingincludes:

(1)     A business enterprise conducted by a person for the training of persons to operate motor vehicles that use public streets or highways to provide training and charges a fee for such services.,

(2)   A lead school district as provided in section 4508.09 of the Revised Code., or

(3) A board of education of a city, exempted village, local, or joint vocational school district or the governing board of an educational service center that offers a driver education course for high school students enrolled in the district or in a district served by the educational service center.

(P)    "Dual control brake" means two devices in a single motor vehicle, either of which will safely stop the motor vehicle. One device shall be a brake operated by the driver of the motor vehicle. The second device shall be a brake that can be operated by the front seat passenger of the motor vehicle.

(Q)   "Enterprise" or "driver training enterprise" means a person, as defined in section 1.59 of the Revised Code, who operates a school, as defined in this chapter, for the training of persons in the operation of motor vehicles using public streets or highways.

(R)   "Instructor" means any person, whether acting for self as operator of a driver training school or for such a school, who teaches, conducts classes of, gives demonstrations

to, or supervises practice of, persons learning to operate or drive motor vehicles.

(S)    "Manager's course" means a course of instruction designated by the director to train driver training school authorizing officials and training managers to instruct a school's instructors and to administer the operations of a school or driver training enterprise.

(T)     "Office" means a room used for conducting school business and storing school records which meets the requirements specified in rule 4501-7-02 of the Administrative Code.

(U)   "Original school application" means an application submitted by an enterprise or lead school district for a school that has not previously been licensed to operate a driver training school at that location, or an application for renewal received or postmarked after November thirtieth in a given calendar year for renewal of the school license for the calendar year which begins the following January first.

(V)     "Original instructor or training manager application" means an application for a license for an instructor or training manager that is submitted by a person who has not previously been licensed as a driver training instructor or training manager, or an application for renewal of a person's driver training instructor or training manager license that is received by the director after December thirty-first in the calendar year that occurs one year after the date of expiration of the last license issued to that person.

(W)   "Ownership" means the legal right of possession; proprietorship.

(1)   A change in ownership of an enterprise or school includes the conveyance by a partner of his interest in the partnership that results in the dissolution of the partnership.

(2)     A change in ownership of an enterprise or school does not include the conveyance by a partner of his interest to another. When such conveyance does not dissolve the partnership.

(X)   "Person" means an individual, corporation, business trust, estate, trust, partnership, or association as defined in section 1.59 of the Revised Code.

(Y)   "Person with a disability" or "disabled person" means any person who, in the opinion of the registrar of motor vehicles, is afflicted with or suffering from a physical or mental disability or disease that prevents the person, in the absence of special training  or  equipment,  from  exercising  reasonable  and  ordinary  control  over  a

motor vehicle while operating the vehicle upon the highways. A person with a disability is not a person who is or who has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle. A student who is deaf is not a person with a disability for purposes of this chapter.

(Z)    "Range" or "driving range" means an off-highway site designed for training motor vehicle drivers that does not permit traffic to pass through the site, except that ranges for commercial motor vehicles may include only other vehicles being used in training.

(AA) "Residence" means any dwelling used or occupied as living quarters, whether or not on a full-time basis. A residence does not include an unattached structure upon a residential property that has a separate means of ingress and egress.

(BB) "Training manager" or "manager" means a person designated by an authorizing official of a driver training enterprise to carry out orders, instruct, and conduct the business and manage the training program of a school instructors.

(CC) "Teacher's driving institute" means any educational institute operated or sponsored by a college or university for the purpose of training instructors in the field of driver education and training which offers credit hours or a certificate for satisfactory completion of a course that is comparable to the training provided by the department.

Effective:

R.C. 119.032 review dates:    10/08/2003

Certification

Date

Promulgated Under:   119.03 Statutory Authority:                                    R.C. 4508.02

Rule Amplifies:           R.C. 4508.01 to R.C. 4508.09 Prior Effective Dates: 10/4/01