Ohio Code 4508.08 – Motorcycle safety and education program
There is hereby created in the department of public safety the motorcycle safety and education program. The director of public safety shall administer the program in accordance with the following guidelines:
Terms Used In Ohio Code 4508.08
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Instructor: means any person, whether acting for self as operator of a driver training school or for such a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons learning to operate or drive motor vehicles. See Ohio Code 4508.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(A)(1) The program shall include courses of instruction conducted at vocational schools, community colleges, or other suitable locations, by instructors who have obtained certification in the manner and form prescribed by the director. The courses shall meet standards established in rules adopted by the department in accordance with Chapter 119 of the Revised Code. The courses may include instruction for novice motorcycle operators, instruction in motorist awareness and alcohol and drug awareness, and any other kind of instruction the director considers appropriate. A reasonable tuition fee, as determined by the director, may be charged. All tuition fees collected by the director shall be deposited into the motorcycle safety and education fund created in section 4501.13 of the Revised Code. The director may authorize private organizations or corporations to offer courses without tuition fee restrictions, but such entities are not eligible for reimbursement of expenses or subsidies from the motorcycle safety and education fund.
(2) The director shall do both of the following:
(a) Authorize private organizations or corporations to offer any nationally recognized motorcycle operator training courses or curriculum and any course established in accordance with division (A)(1) of this section;
(b) Permit an applicant for a motorcycle operator’s endorsement or a restricted license that permits only the operation of a motorcycle who has completed any motorcycle operator training course or curriculum as authorized in division (A)(2)(a) of this section successfully within the preceding sixty days to be eligible for the examination waiver as described in division (B)(1) of section 4507.11 of the Revised Code.
(B) In addition to courses of instruction, the program may include provisions for equipment purchases, marketing and promotion, improving motorcycle license testing procedures, and any other provisions the director considers appropriate.
(C) The director shall evaluate all programs, including any nationally recognized motorcycle operator training course or curriculum authorized under division (A)(2)(a) of this section, every two years and shall periodically inspect the facilities, equipment, training course, curriculum, and procedures used in the courses of instruction. The director may suspend or revoke the authorization for a private organization or corporation to offer its course under division (A)(2)(a) of this section if the private organization or corporation fails to maintain the curriculum, standards, and any other requirements specified during its initial authorization. The director shall adopt rules in accordance with Chapter 119 of the Revised Code to implement and administer this division.
(D) The director shall appoint at least one training specialist who shall oversee the operation of the program, establish courses of instruction, and supervise instructors. The training specialist shall be a licensed motorcycle operator and shall obtain certification in the manner and form prescribed by the director.
(E) The director may contract with other public agencies or with private organizations or corporations to assist in administering the program.
(F) Notwithstanding any provision of Chapter 102 of the Revised Code, the director, in order to administer the program, may participate in a motorcycle manufacturer’s motorcycle loan program.
(G) The director shall contract with an insurance company or companies authorized to do business in this state to purchase a policy or policies of insurance with respect to the establishment or administration, or any other aspect of the operation of the program.
(H) A private organization or corporation that offers any nationally recognized motorcycle operator training course or curriculum is not required to use the end-of-course skills evaluation used by a course established in accordance with division (A) of this section if the evaluation used by the private organization or corporation meets or exceeds the requirements of the evaluation authorized by the director under this section.
(I) An instructor for a nationally recognized motorcycle operator training course or curriculum offered by an authorized private organization or corporation shall obtain certification in the manner and form prescribed by the director under division (A)(1) of this section and in accordance with the rules adopted by the director. However, the director shall not require an instructor for a nationally recognized motorcycle operator training course or curriculum to participate in the state instructor training curriculum if the director determines that both of the following apply:
(1) The instructor has completed the training required by the authorized private organization or corporation and the training meets or exceeds the state instructor training curriculum.
(2) The instructor has met all other state requirements for certification.
(J) The director shall charge the following fees:
(1) Beginning on August 31, 2022, a one-time fee of four hundred dollars for the initial authorization of a private organization or corporation to offer a nationally recognized motorcycle operator training course or curriculum in accordance with division (A)(2)(a) of this section;
(2) A one-time fee of fifty dollars for the initial state certification of an instructor of a course authorized under division (A)(2)(a) of this section;
(3) One hundred seventy-five dollars at the time of the two-year program evaluation required under division (C) of this section for a private organization or corporation to continue to offer a nationally recognized motorcycle operator training course or curriculum in accordance with division (A)(2)(a) of this section.
The director shall deposit all fees received under this division into the motorcycle safety and education fund established under section 4501.13 of the Revised Code.
(K) Notwithstanding the requirements for a motorcycle instructor certificate issued under this section, the director shall issue a certificate in accordance with Chapter 4796 of the Revised Code to a person if either of the following applies:
(1) The person holds a license or certificate in another state.
(2) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter as a motorcycle instructor in a state that does not issue that license or certificate.
Last updated December 29, 2023 at 6:46 AM