(A)
"Armed forces" means the armed forces of the United States, including the army,
navy, air force, marine corps, coast guard, or any reserve components of those
forces; the national guard of any state; the commissioned corps of the United
State public health service; the merchant marine service during wartime; such
other service as may be designated by congress; or the Ohio organized militia
when engaged in full-time national guard duty for a period of more than thirty
days.
(B) "Applicant" or
"candidate" means any person applying for a license to be an authorizing
official for a driver training school, an instructor, an online instructor, or
a training manager.
(C)
"Asynchronous" means education not occurring at the
same time nor in real time with a live instructor.
(C)(D)
"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 or an
enterprise providing online driver education.
(D)(E) "Beginning driver"
or "beginning student" 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.
(E)(F) "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.
(F)(G)
"Biometric authentication" means the verification of a user's identity by means
of a physical trait or behavioral characteristic.
(G)(H) "Certificate of
completion" means a certificate electronically 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, or equivalent online instruction, and eight hours of
behind-the-wheel instruction to the satisfaction of the school's authorizing
official or training manager as required by division (C) of section
4508.02 of the Revised
Code.
(H)(I) "Certificate of
completion of an online driver education program" means a certificate
electronically furnished by the department to a licensed driver training
enterprise and issued by the enterprise to students under the age of eighteen
who have completed the online equivalent of the required twenty-four hours of
classroom instruction.
(I)(J) "Certified Driver
Rehabilitation Specialist" means a person certified through the association of
driver rehabilitation specialists (ADED) and who plans, develops,
coordinates
, and implements driver rehabilitation
services for individuals with disabilities.
(J)(K) "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.
(K)(L) "Class D license
school" means any school training students in the operation of motor vehicles
for class "D" operator's licenses as defined in Chapter 4507. of the Revised
Code.
(L)(M) Class "D" operators
are licensed instructors who teach any part of a curriculum, including
classroom, and behind-the-wheel instruction, or who provide curriculum support
for an online driver training enterprise; for the operation of motor vehicles
to persons learning to operate a
motor vehicle other
than a commercial motor
passenger
vehicle.
(M)(N) "Classroom" means
any room within a driver training school used to teach students driver
knowledge.
(N)(O) "Classroom
instruction" means that portion of a driver training course that is devoted to
teaching driver knowledge and provided in a physical classroom location.
Classroom instruction does not include the student's operation of a motor
vehicle.
(O)(P) "Commercial driver
license" or "CDL" means a license issued in accordance with Chapter 4506. of
the Revised Code that authorizes an individual to drive a commercial motor
vehicle.
(P)(Q) "Commercial motor
vehicle" means any motor vehicle designed or used to transport persons or
property that meets the qualifications listed in divisions (E) and (D) of
section 4506.01 of the Revised
Code.
(Q)(R) "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.
(R)(S) "Department" means
the "Ohio Department of Public Safety."
(S)(T) "Director" means
the director of the "Ohio Department of Public Safety" as set forth in division
(G) of section 121.03 of the Revised Code, or
the director's designee.
(T)(U) "Disqualifying
offense" has the same meaning
an
as in section
9.79 of the Revised
Code.
(U)(V) "Driver education,"
"theory," or "theory instruction" means that portion of a driver training
course that is devoted to teaching driver knowledge and does not include the
student's operation of a motor vehicle. See also "classroom instruction,"
"virtual classroom," and "online driver education program."
(V)(W)
"Driver training" 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.
(Also known as "behind-the-wheel instruction.")
(W)(X) "Driver training
course" or "training program" means a course consisting of classroom
instruction and behind-the-wheel training or an online driver education program
offered by a driver training school, as defined in paragraph (Y) of this
rule.
(X)(Y) "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 division (A) of section
4507.01 of the Revised
Code.
(Y)(Z) "Driver training
school" or "school" means each facility where a driver training course is
conducted. A driver training school includes:
(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 business enterprise
that offers the equivalent to classroom instruction via an
asynchronous online internet education
program,
(3) A lead school district
as provided in section
4508.09 of the Revised
Code,
(4) 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, or
(5) A college or university that offers
training in licensure classes other than "D."
(Z)(AA)
"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.
(AA)(BB)
"Enterprise," "driver training enterprise," or "business 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 or an online
driver education program.
(BB)(CC) "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.
(CC)(DD) "In-person
learning" means a form of instructional interaction that occurs in real time
between instructors and students. This includes instructional interaction that
allows people to interact from different locations at the same time.
(DD)(EE)
"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.
(EE)(FF) "Occupational
therapist" means a person who is license or holds a limited permit to practice
occupational therapy and who offers such services to the public under any title
incorporating the words "occupational therapy," "occupational therapist," or
similar title or description of services as defined in section
4755.04 of the Revised
Code.
(FF)(GG) "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.
(GG)(HH) "Online driver
education program" means a licensed driver training course that is the
equivalent to in-person classroom instruction approved by the director and
offered by an online provider. An online driver education program shall not be
offered by driver training schools providing instruction for obtaining
commercial driver's licenses.
(HH)(II) "Online
instructor" means a person who is available for curriculum content support for
those students enrolled in an online driver education program. Curriculum
content support may be provided through, but is not limited to, open forums,
message boards, chat rooms, telephone support, or e-mail
correspondences.
(II)(JJ) "Online provider"
means a business that provides an
asynchronous
online program of classroom instruction via the internet for the training of
persons to operate Class "D" vehicles, including a driver training school as
defined in paragraph
(Y)
(Z)(2) of this rule.
(JJ)(KK) "Original school
application" means an application and all required supporting documents
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.
(KK)(LL) "Original
instructor or training manager application" means an application and all
required documents 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.
(LL)(MM) "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.
(MM)(NN)
"Person" means an individual, corporation, business trust, estate, trust,
partnership, or association as defined in section
1.59 of the Revised
Code.
(NN)(OO) "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.
(OO)(PP)
"Physician" means a person licensed to practice medicine or surgery or
osteopathic medicine and surgery under Chapter 4731. of the Revised
Code.
(PP)(QQ) "Range" or
"driving range" means an off-highway site designed for training motor vehicle
drivers that does not permit public traffic to pass through the site, except
that ranges for commercial motor vehicles may include only other vehicles being
used in training. The range of a CDL driver training school is a closed-course
facility that enables drivers to maneuver safely and is free from the
interference of other hazards.
(QQ)(RR) "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.
(SS)
"Synchronous"
means education occurring at the same time and in real time.
(RR)(TT)
"Training manager" or "manager" means a person designated by an authorizing
official of a driver training enterprise to carry out orders, instruct, conduct
the business and manage the training program of a school, and assess and
supervise current and candidate instructors.
(SS)(UU) "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.
(TT)(VV) "Route sheet", as
it applies to class "D" instruction, means a map or list of specific roads
taken during a given behind-the-wheel lesson.
(UU)(WW) "Commercial
driver license school" or "CDL school" means any school training students to
operate a commercial motor vehicle for purposes of obtaining a class "A", "B",
or "C" commercial driver licenses as defined in Chapter 4506. of the Revised
Code.
(VV)(XX) "Virtual
classroom" means
an
a synchronous online classroom that allows
participants to communicate with one another, view presentations and/or videos,
interact with other participants and instructor, and engage with resources, and
engage in work groups, all in real time.
(YY)
"Private
certification" means authorization from a private organization to an individual
who meets qualifications determined by the organization related to the
performance of a profession, occupation, or occupational activity and by which
the individual may hold the individual's self out as certified by the
organization.
