601 KAR 13:110. Driver education programs.

      RELATES TO: KRS 186.018, 186.410, 186.535, 186.574

      STATUTORY AUTHORITY: KRS 186.400(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations regarding the licensing of a motor vehicle operator. This administrative regulation establishes the minimum standards for a new driver state traffic school. This administrative regulation also designates those who will attend this new driver education program, application and approval procedures to teach the program for private driving schools licensed pursuant to KRS 332.030, and the method of notification to the cabinet of completion of the program.

      Section 1. State Traffic School. (1) The Transportation Cabinet shall establish a separate curriculum and class for the new driver state traffic school (graduated driver licensing education) and the traffic offender state traffic school.

      (2) The Transportation Cabinet shall secure instructors and classroom locations for both of the state traffic schools.

      (3) The Transportation Cabinet shall conduct at least two (2) new driver state traffic schools in every county every calendar year.

      (4)(a) A person under the age of eighteen (18) years who obtained an operator's license prior to October 1, 1996:

      (a) Shall not be required to attend a KRS 186.410(4) driver education course;

      (b) May attend a new driver state traffic school free of charge.

      Section 2. High School Driver Education Course. If a high school in Kentucky offers a driver education course for credit to its students, the school shall notify the Transportation Cabinet of a student who receives credit for successfully completing the course. The notice shall contain the following information:

      (1) Student's name;

      (2) Student's Social security or operator's license number;

      (3) School district;

      (4) Name of high school;

      (5) Copy of the certification of course completion and credit given;

      (6) Date of course completion; and

      (7) Name and telephone number of person at school to contact.

      Section 3. KRS Chapter 332 Licensed Driver Training Schools. (1) A driver training school licensed under KRS Chapter 332 may apply to the Transportation Cabinet for approval to conduct a driver training program pursuant to KRS 186.410 if it:

      (a)1. Has been licensed by the Kentucky State Police for the prior two (2) calendar years; or

      2. Is operated by a person who has a driver education teaching certification from the Kentucky Department of Education and who has taught driver education pursuant to that endorsement for a minimum of two (2) years; or

      3. Is operated by a person who has taught driver education at a KRS Chapter 332 approved school for a minimum of five (5) years.

      (b) Has at least twenty (20) hours of office hours each week routinely staffed by a person familiar with the school's curriculum and requirements;

      (c) Uses a curriculum which meets the requirements of Section 4(6) of this administrative regulation.

      (2) The applicant shall submit the following to the Transportation Cabinet:

      (a) A detailed copy of the curriculum used, including a copy of all handouts and audio or video material;

      (b) Resume of each instructor proposed to teach the course;

      (c) Business address, telephone number, and office hours;

      (d) Copy of the KRS Chapter 332 certificate issued by the Kentucky State Police; and

      (e) $250 fee to pay for the initial evaluation of the application.

      (3) A school which has been approved to participate in the program may request that a student who began a driver education course at the school after September 30, 1996 and who completed the course by February 28, 1997, be given credit for compliance with the requirements of KRS 186.410.

      Section 4. Class Requirements. (1) A class offered pursuant to KRS 186.410(4)(b) or (c) shall be limited to a maximum of twenty-five (25) students.

      (2) A class offered pursuant to KRS 186.410(4)(b) or (c) shall contain a minimum of four (4) hours of classroom highway safety training which shall include administrative activities related to the class.

      (3)(a) A Transportation Cabinet approved preclass and postclass test shall be administered to all students and the results tabulated for each class taught.

      (b) The results shall be submitted to the Transportation Cabinet with the attendance roster required by subsection (5) of this section.

      (4) At least two (2) weeks prior to each class to be taught under the provisions of this administrative regulation, the school shall notify the Transportation Cabinet of the following:

      (a) Date, time, and location of the scheduled class; and

      (b) Instructor scheduled to teach the class.

      (5) The school shall notify the Transportation Cabinet of each student who successfully completes the course. The notice shall contain the following information:

      (a) Student's name;

      (b) Student's Social Security or operator's license number;

      (c) Name of school;

      (d) Date of course completion;

      (e) Course instructor; and

      (f) Name and telephone number of person at school to contact.

      (6) The curriculum taught to each class shall consist of the following sections:

      (a) The dangers of alcohol and drugs which shall last for a minimum of forty-five (45) minutes and include:

      1. Information about Kentucky's "Under 21" license and implied consent law;

      2. Types of substances which impair driving ability;

      3. Blood alcohol content and the presumptive levels established in KRS 189A.010(2);

      4. Legal, monetary, and social sanctions or penalties of a conviction of violation of KRS 189A.010(1);

      5. Restricted criteria for obtaining a hardship license pursuant to KRS 189A.410;

      6. Psychological and physiological effects of alcohol consumption;

      7. Other country's penalties for operating a motor vehicle under the influence of alcohol; and

      8. National and state statistics related to operating a motor vehicle and alcohol or drug consumption.

      (b) Defensive and perceptive driving which shall last for a minimum of forty-five (45) minutes and include:

      1. Traits of good drivers;

      2. Traits of safe drivers;

      3. Mental skills needed for safe driving;

      4. The "Scan Identify Predict Decide Execute" (SIPDE) approach to perceptive driving;

      5. Driving emergencies such as brake or tire failure, skidding, stuck accelerator, or running off the roadway; and

      6. Crash-producing locations or situations such as intersections, hydroplaning, railroad crossings, many vehicle types in the traffic mix, and pedestrian traffic.

      (c) Seatbelt usage which shall last for at least thirty (30) minutes and include:

      1. Kentucky's seatbelt law;

      2. Kentucky's child restraint law;

      3. Information on vehicle airbags;

      4. Number of fatalities and injuries in crashes from not wearing seatbelts; and

      5. Seatbelt usage.

      (d) Driver behavior which shall last for a minimum of forty-five (45) minutes and include:

      1. Driving requires physical, social, and mental skills;

      2. Personality changes which occur while driving;

      3. How driving behaviors and reaction are related to attitude;

      4. Need for and importance of self-control while driving; and

      5. National, state, and local statistics on vehicle crashes.

      (e) Rules of the road which shall last for a minimum of thirty (30) minutes and include:

      1. Purpose and significance of the Graduated Driver Licensing Program;

      2. The role of the Division of Driver Licensing in maintaining driving records;

      3. Content of driving records available to insurance companies;

      4. Recognition of the need for and purpose of traffic laws;

      5. The most commonly violated traffic laws;

      6. Speeding as a major contributing factor in vehicle crashes; and

      7. Sanctions or penalties assessed for violating traffic laws.

      Section 5. Instructor Requirements. (1) An instructor employed to teach the KRS 186.410 course by a school approved pursuant to the requirements of Section 3 of this administrative regulation shall meet the following requirements:

      (a) Be at least twenty-one (21) years of age;

      (b) Have a four (4) year college degree. Experience as a professional driver education instructor may substitute year for year for the college education;

      (c) Never have been convicted of a felony;

      (d) Never have been convicted of a violation of KRS 189A.010 or its equivalent from another jurisdiction;

      (e) Never have been convicted or administratively found guilty of refusing to submit to a test to determine blood alcohol content or drugs in system;

      (f) Have fewer than six (6) points assigned pursuant to 601 KAR 13:025 on his driving history record;

      (g) Not have had his driving privilege withdrawn for any reason in the past five (5) years;

      (h) Successfully enroll in, pay the $100 fee for, and complete the instructor training course offered by the Transportation Cabinet;

      (i) Have good communication skills as indicated during an interview; and

      (j) Be of good moral character.

      (2) The approved school shall review the driving history record of an instructor annually.

      Section 6. Evaluations. (1) The Transportation Cabinet shall perform a random or routine performance audit of an approved school or its instructor.

      (2) A school shall be notified in writing of a deficiency discovered in an audit. The deficiency shall be corrected prior to its next scheduled class or the school's approval shall be withdrawn by the Transportation Cabinet.

      (3) The Kentucky State Police shall be provided a copy of each performance evaluation of a school licensed pursuant to KRS Chapter 332.

      (4) A representative from the Transportation Cabinet shall be allowed free of any charge to monitor a class taught by the school pursuant to the provisions of this administrative regulation. (23 Ky.R. 2639; Am. 3032; 3349; 3567; eff. 3-4-97.)