Rule 4501-7-05 | Applications and renewal of licenses for instructors and training managers.
[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (A) in rule 4501-7-39 of the Administrative Code.]
(A) No person shall give instruction for hire in the operation of a motor vehicle unless such person is the holder of a current and valid instructor's license issued by the director. No authorizing official or training manager shall allow a person to instruct driver training unless the person has applied for and obtained the appropriate instructor's license from the director. Instructors shall maintain a valid driver's license at all times during licensure.
(B) Class "D" instructor licenses are issued by the director in one of three types:
(1) Class "D" instructors are non-restricted licensed instructors who teach any part of the curriculum, including classroom and behind-the-wheel instruction in the operation of a passenger vehicle.
(2) Classroom-restricted class "D" instructors are licensed instructors who may only teach driver knowledge in the classroom or via virtual classroom in the operation of a passenger vehicle.
(3) Behind-the-wheel-restricted class "D" instructors are licensed instructors who may only instruct students behind the wheel of a vehicle in the operation of a passenger vehicle.
(C) CDL instructor licenses are issued by the director in one of three classes:
(1) Class "A" commercial instructors are licensed instructors who teach any part of a curriculum, including classroom and behind-the-wheel instruction, for the operation of commercial motor vehicles as defined in division (D) of section 4506.01 of the Revised Code.
(2) Class "B" commercial instructors are licensed instructors who teach any part of the curriculum, including classroom and behind-the-wheel instruction, for the operation of commercial motor vehicles as defined in division (D)(2) of section 4506.01 of the Revised Code.
(3) Restricted instructors are licensed instructors who may teach driver knowledge in the classroom or via virtual classroom, and who may be permitted to instruct students on the driving range but not behind the wheel of a commercial motor vehicle on the road. Restricted instructors are not required to possess or maintain a commercial driver license. In order to provide instruction to students on the driving range, the restricted instructor shall have previously held a commercial driver's license in the same classification with the proper endorsements necessary to operate a commercial motor vehicle for which training is provided.
(D) Training managers and probationary training managers shall be licensed instructors and have completed a course approved by the director for driver training school managers.
(1) Training managers are non-restricted instructors, except for disability instructors as defined in paragraph (G)(2) of this rule.
(2) Training managers for commercial training shall be "class A" licensed instructors properly endorsed to operate all classes of vehicles for which the school offers training.
(3) Probationary training managers may remain on probation for up to two years or until they meet the three-year requirement as described in paragraphs (H)(2) to (H)(4) of this rule, whichever is applicable. During the time a person holds a probationary training manager endorsement, additional support and program reviews will occur to ensure compliance with the rules in this chapter.
(E) Each person applying for any original driver training instructor license shall submit the "Driver Training Instructor License Application" as prescribed by the director to the department. Original applications for a driver training instructor includes:
(1) A fee of twenty-five dollars paid electronically or in the form of a check or money order made payable to the treasurer of the state of Ohio.
(2) Background checks regarding the applicant criminal record and dated not more than ninety days prior to the date the director receives the "Driver Training Instructor License Application." The background checks includes:
(a) A state level check, which includes information maintained by the bureau of criminal identification and investigation, or a similar government agency from the resident state of the applicant; and;
(b) Except for a CDL instructor applicant, a federal level check, provided by a government agency, which includes information from Ohio and all other states.
(3) Although not required, an optional photograph of the applicant may be included in a .jpeg format showing neck, shoulders, full face and uncovered head with a plain solid colored background. Photocopies or photographs from other identification badges or cards will not be accepted.
(4) The applicant's driving record abstract obtained from the records maintained by the bureau of motor vehicles, or a similar agency from another state if the applicant has an out-of-state license. The abstract shall be dated no more than ninety days prior to the date the "Driver Training Instructor License Application" is received by the director, and the abstract must show the applicant has a current and valid license to operate a motor vehicle.
(5) Except for online instructors, certification from an Ohio driver examiner that the applicant has passed the required driver training instructor testing. Testing includes:
(a) A vision screening.
(b) A knowledge test that includes questions testing the applicant's knowledge of Chapter 4501-7 of the Administrative Code, road signs, the care and operation of motor vehicles, and the "Digest of Ohio Motor Vehicle Laws."
(c) A skill examination in a motor vehicle, in the correct classification of motor vehicle, and other than a motorcycle.
(6) Evidence the applicant has completed a basic instructor course provided and approved by the department. The course shall have been completed no more than one year prior to the date the director receives the "Driver Training Instructor License Application."
(7) Proof the applicant has completed, within the ten years immediately preceding the application for an instructor license, an approved instructor's course in the classification of training for which the applicant is applying for an instructor's license and on a form prescribed by the director.
(a) For a class "D" instructor applicant, in accordance to the type of license, an instructor's course in driver training approved by the director or a copy of a valid state of Ohio department of education certificate with a driver training endorsement issued pursuant to the provisions of sections 3319.22 to 3319.31 of the Revised Code. Instructor candidates completing the training requirement may student teach with the training manager supervising from the back seat. The instructor's course in driver training is provided by one of the following:
(i) College or university,
(ii) Program approved by the department,
(iii) Licensed driver training school under the direction of a licensed training manager,
(b) For an online instructor license, evidence the applicant has completed an online instructor program approved by the director.
(c) For a CDL instructor applicant, an instructor's course approved by the director in the same classification of commercial motor vehicle as the applicant intends to train and provided by:
(i) Program approved by the department, or
(ii) Licensed driver training school under the direction of a licensed training manager.
(d) Training is not required if applicant meets the requirements for reciprocal licensure found in Chapter 4796. of the Revised Code.
(e) Training is not required if the applicant provides proof of being previously licensed as a non-probationary instructor, pursuant to paragraph (B) or (C) of this rule, whichever is applicable, within five years immediately preceding the date of application, if:
(i) The proof of previous licensure is in the same or substantially similar classification of license as the type of license as the application type;
(ii) The previous license was left in good standing with the department, and was not surrendered or revoked; and
(iii) If the applicant has not completed a pre-approved advanced training course in more than three years, the director may issue a license, in accordance with paragraph (F) of this rule, provided the applicant completes a course that complies with paragraph (V) of this rule within one calendar year of the date of issuance.
(8) Each application for an original instructor's license to train behind the wheel of commercial motor vehicles also includes:
(a) Proof of being licensed as the operator of a commercial motor vehicle for at least three years during the ten-year period preceding the application. For restricted instructors, proof of previously operating on a commercial driver's license, in the same classification or higher with the same endorsements as being taught, for at least two years:
(b) Except for CDL restricted instructors, proof of a valid commercial driver's license that is legal for the operation of all vehicles in which the instructor trains students.
(9) Except for an online instructor, the "Driver Training Personnel Physical Examination" signed by a physician, nurse practitioner, or physician's assistant acting within their scope of practice declaring that the instructor does not have a medical condition, physical condition, including vision impairment (not corrected), which could interfere with the responsibilities of being an instructor or could jeopardize the health and welfare of students and/or general public. The "Driver Training Personnel Physical Examination" shall be completed no more than one year prior to the date the director receives the "Driver Training Instructor License Application." For a CDL instructor applicant, as an alternative, may submit proof of a current certificate of medical examination issued under "49 C.F.R. 391.43," which shall have been completed no more than one year prior to the date the director receives the application.
(10) Proof the applicant has taken the department's online "Sexual Harassment Prevention Training."
(11) The signature of the enterprise's authorizing official.
(F) Except for applicants exempt from training under paragraph (E)(7)(d) of this rule, upon approval of an initial "Driver Training Instructor License Application" the director issues a probationary instructor license.
(1) The probationary license expires one hundred eighty days from the date of issuance.
(2) The probationary instructor license holder shall successfully pass an assessment, approved by the director, prior to the expiration of the probationary license. The training manager shall be responsible for assessing the instructor and shall provide the director with the assessment at least one month prior to the expiration of the probationary license.
(a) For any class "D" probationary instructor, the assessment encompasses a minimum of one hour classroom or virtual classroom session, or a minimum of one hour behind-the-wheel session, whichever type of training is primarily taught by the probationary instructor license holder.
(b) For a disability instructor of a medically based hospital or rehabilitation clinic, the assessment encompasses a minimum of one hour behind-the-wheel session being taught by the probationary instructor license holder.
(c) For an online probationary instructor, the assessment encompasses a one day assessment of the online probationary license holder handling curriculum content inquiries from online students.
(d) Except for CDL restricted instructors, the assessment encompasses a minimum of one hour classroom session, a minimum of one hour range session, or a minimum of one hour behind-the-wheel session, whichever type of training is primarily taught by the probationary license holder.
(e) For CDL restricted instructors, the assessment encompasses a minimum of one hour classroom session or one complete range session, whichever is applicable.
(3) A probationary license holder may not be associated with more than one driver training enterprise during the probationary term.
(4) If a probationary instructor license holder fails to meet expectations as provided by the assessment, the director may extend the probationary term no more than ninety days. The probationary instructor license holder shall successfully pass a second assessment performed by the training manager.
(5) If during the probationary term, a probationary instructor license holder intends to become associated with another driver training enterprise, the holder of the license shall request approval from the director. The director shall review the request. If the request is approved, the instructor may transfer to the approved driver training enterprise. A transfer may only be approved based upon the demonstration of mitigating circumstances, including but not limited to, a school closing, the probationary instructor license holder moving, or inability to teach due to low student enrollment.
(G) The director issues certification for training persons with a disability in one of two categories:
(1) As a disability endorsement for an instructor of a class 'D' driver training course providing classroom, virtual classroom, and behind-the-wheel instruction.
(a) An instructor applying for the disability endorsement shall file a "Driver Training Instructor License Application" in accordance with paragraph (E) of this rule and include a certificate of successful completion of a course approved by the director for training drivers with a disability.
(b) In order to maintain current certification, an instructor shall take a continuing education course in training drivers with a disability, as approved by the director, every three years.
(2) A license for an instructor at a rehabilitation clinic or medically based hospital that offers driver training for beginning drivers with a disability.
(a) An instructor applying for a license, who will provide driver training in persons with a disability for a rehabilitation clinic or medically based hospital, shall file a "Driver Training Instructor License Application" in accordance with paragraph (E) of this rule and include one of the following:
(i) Proof of certification as an occupational therapist;
(ii) Proof of certification as a certified driver rehabilitation specialist in lieu of the training required in paragraph (E)(7) of this rule.
(iii) Proof of a valid driver rehabilitation professional microcredential issued by the association for driver rehabilitation specialists.
(b) In order to maintain current certification, an instructor shall show proof of continuing education every three years. The continuing education shall include topics on medical conditions or disabilities and how they relate to driving.
(H) Every training manager applicant shall submit the "Driver Training Instructor License Application." The application includes:
(1) Proof the manager applicant has completed a course for driver training school managers that has been approved by the director.
(2) For a class "D" instructor, proof the applicant has held a valid class "D" driver instructor license, or the equivalent in another state, for at least three years.
(3) If the applicant for a training manager license is a current certified driver rehabilitation specialist, and provides proof of current certification, the three years of holding a valid class "D" driver instructor license may be waived by the director.
(4) For a CDL instructor, proof the applicant has held a valid commercial instructor license for at least three years.
(5) A person may apply for a probationary training manager endorsement if the applicant provides the following:
(a) Proof of being licensed as an instructor for at least one year;
(b) Proof of completing a course for driver training school managers that has been approved by the director; and
(c) Evidence of expertise or experience in education, previous management position or a training instructor in the transportation industry or a related field, or previous proof of expertise in training employees or other professionals. The director may consider all evidence provided.
(I) All instructor, online instructor, disability instructor, CDL instructor, and training manager non-probationary licenses expire on December thirty-first of the year the license is issued, and may be renewed annually upon completion of the "renewal requirements."
(J) All instructor, online instructor, disability instructor, CDL instructor, and training manager license "renewal requirements" may be filed without penalty if filed within one year from the date of expiration of the last license issued, but such license will be effective no sooner than the date it is approved by the director.
(K) Any application for an instructor's, online instructor's, or manager's license received by the director more than one year after the last license expired shall be submitted as an original application.
(L) Each applicant seeking renewal shall submit the "renewal requirements" as prescribed by the director. "Renewal requirements" includes:
(1) At a minimum, payment of the annual fee of ten dollars paid electronically or in the form of a check or money order made payable to the treasurer of the state of Ohio.
(2) Biennially after initial licensure, the applicant's driving record abstract obtained from the records maintained by the bureau of motor vehicles, or a similar agency from another state if the applicant has an out-of-state license. The abstract shall be dated no more than ninety days prior to the date the "renewal requirements" are received by the director, and show the applicant has a current and valid license to operate a motor vehicle.
(3) Although not required, an optional photograph of the applicant may be included in .jpeg format showing neck, shoulders, full face and uncovered head with a plain solid colored background. Photocopies or photographs from other identification badges or cards will not be accepted.
(M) Each applicant for a driver training instructor's, online instructor's, disability instructor, CDL instructor, or training manager's license shall:
(1) Certify the applicant has been licensed as the operator of a motor vehicle for at least five years.
(2) Possess a valid driver's license.
(3) Certify that the applicant is in sound physical and mental health, that the applicant does not have any injury or physical or mental impairment, and that the applicant is not under the influence of or addicted to any drug or medicine which may affect that applicant's ability to drive or to effectively and safely instruct students or manage training.
(4) Have a record free of a conviction of a disqualifying offense.
(5) Have a driving record free of any of the following:
(a) Three or more chargeable crashes within the three years preceding the date of application;
(b) Three or more moving violation convictions under Chapter 4511. of the Revised Code, or an equivalent conviction from another jurisdiction, within the three years preceding the date of application;
(c) An accumulation of six points or more under Chapter 4510. of the Revised Code, or equivalent action from another jurisdiction, within the preceding three years;
(d) A twelve-point administrative suspension under section 4510.037 of the Revised Code, or equivalent action from another jurisdiction, within the ten years preceding the date of application.
(N) If an instructor or training manager failed to renew because of service in the armed forces, the license shall be renewed in accordance with section 5903.10 of the Revised Code. The instructor or training manager shall submit the "renewal requirements" as set forth in paragraph (L) of this rule.
(O) If an instructor or training manager failed to renew because the certificate holder's spouse served in the armed forces and the service resulted in the holder's absence from this state, the license shall be renewed in accordance with section 5903.10 of the Revised Code. The instructor or training manager shall submit the "renewal requirements" as set forth in paragraph (L) of this rule.
(P) A renewal shall not be granted unless the holder or the holder's spouse, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the discharge or release.
(Q) An instructor, online instructor, or training manager shall notify the enterprise's authorizing official in writing within ten days if any of the following occur:
(1) The instructor, online instructor, or training manager is convicted of or pleads guilty to a moving traffic violation conviction;
(2) The instructor, online instructor, or training manager is involved in a chargeable crash;
(3) The instructor, online instructor, or training manager is convicted of a charge that assesses points against the applicant's license;
(4) The instructor, online instructor, or training manager receives any driver license suspension, cancellation, or revocation;
(5) The instructor, online instructor, or training manager is convicted of or pleads guilty to any disqualifying offense listed in rule 4501-7-37 of the Administrative Code.
(R) The authorizing official or training manager shall notify the director in writing within ten days of the official's or manager's receipt of notice that any of the following has occurred:
(1) An instructor, online instructor, or training manager is convicted of or pleads guilty to a moving traffic violation conviction;
(2) An instructor, online instructor, or training manager is involved in a chargeable crash;
(3) An instructor, online instructor, or training manager is convicted of a charge that assesses points against the applicant's license;
(4) An instructor, online instructor, or training manager receives any driver license suspension, disqualification, cancellation, or revocation;
(5) An instructor, online instructor, or training manager is convicted of or pleads guilty to any disqualifying offense listed in rule 4501-7-37 of the Administrative Code.
(S) The director may refuse to issue or renew, or may suspend, revoke, or place on probation the probationary or non-probationary license of any instructor, online instructor, or training manager upon notice of that person's conviction for any offense for which that person may be disqualified under this rule.
(T) The director may refuse to issue or renew, or may suspend, revoke, or place on probation a probationary or non-probationary license upon notice of an offense determined by the director to be of a nature or severity inconsistent with the standards expected of an instructor, online instructor, or training manager which is committed beyond the periods provided herein.
(U) No person shall submit a "Driver Training Instructor License Application" or "renewal requirements " that are incomplete, incorrect or which contains false or misleading information. An incomplete or incorrect, false, or misleading "Driver Training Instructor License Application" or "renewal requirements" may be rejected, returned to the applicant, or denied.
(V) Every training manager, instructor, and online instructor shall complete a pre-approved advanced training course once every three years and, upon request from the director, provide proof of the satisfactory completion of such training.
(1) The course shall be one approved by the director or one of continued education in driver training or training management conducted by a college, university, or a national driver training organization.
(2) The proof of satisfactory completion shall be in a manner prescribed by the director.
(3) The director may pre-approve, on an individual basis, additional conferences, workshops, or seminars, including a driving dynamics or defensive driving course, in satisfaction of this requirement.
(W) Every training manager, instructor, disability instructor, CDL instructor, and online instructor shall complete the department's online "Sexual Harassment Prevention Training" annually.
(X) The director may amend the "Driver Training Instructor License Application" form at any time.
Last updated March 18, 2024 at 11:25 AM
Supplemental Information