RELATES TO: KRS 332.204
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the
department to promulgate administrative regulations to carry out the provisions
of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to
adopt administrative regulations to administer the cabinet. KRS 332.204(3)
requires the department to establish an application process for the licensing
of instructors for driver training in the operation of noncommercial motor
vehicles. This administrative regulation establishes the requirements for the
application and licensing for a driver training instructor.
Section 1. A person seeking to be licensed as
a driver training instructor shall submit an application with required
documents to the Kentucky State Police Drivers Testing Branch at the address in
Section 12 of this administrative regulation .
Section 2. The driver training instructor
license application shall indicate the name and address of the driver training
school employing the applicant and shall be signed by an agent or
representative of the driver training school. The application shall be verified
under oath and signed by the applicant.
Section
3. The driver training instructor license applicant shall submit
to the Drivers Testing Branch at the address in Section 12 of this
administrative regulation the following:
(1) A
duly completed driver training instructor application, KSP 107;
(2) The fee set in KRS 332.204(4) in the form
of a certified check or money order made payable to the Kentucky State
Treasurer;
(3) Three (3) identical
photographs that:
(a) Are one and one-half (1
1/2) inches by one and one-half (1 1/2) inches; and
(b) Show a full face view of the applicant's
neck and uncovered head;
(4) A physical examination report, including
the following:
(a) Results of an eye
examination showing the visual acuity of the applicant to be at least 20/20 in
one (1) eye and 20/40 in the other, or 20/30 in each eye separately with or
without corrective lenses;
(b)
Showing that the applicant has at least one (1) functional:
1. Eye;
2. Hand; and
3. Foot; and
(c) Would not be disqualified for a driver's
license pursuant to 601 KAR
13:010;
(5) Proof of age by copy of birth certificate
or valid driver's license;
(6)
Proof of education by copy of diploma or GED certificate; and
(7) A Driver Training Instructor's
Examination Report, KSP 110, if the applicant has obtained a passing
score.
Section 4. The
driver training instructor examination shall be administered by the department.
(1) The examination shall consist of a
written theoretical examination prepared and administered by the department and
embracing subject matter pertinent to the care, operation, and use of a motor
vehicle on the highways, and to general safety principles and practices, both
for the purpose of testing an applicant's competency and fitness in the
operation of a motor vehicle and in providing classroom instruction, including
rules of the road, safe driving practices, pedestrian safety, mechanics of
motor vehicles, driver responsibility, the Kentucky point system, types of
automobile insurance, and use of automobile safety devices. The results of the
examination shall be recorded on the Drivers Training Instructors Examination
Report, KSP 110.
(2) The department
may also test the applicant for depth perception, peripheral vision, and
reaction time.
Section
5. All applicants who pass the instructor's examination and who
are qualified pursuant to
KRS 332.204(3) and this administrative regulation
shall be issued a driver training instructor license certifying the instructor
for both classroom and practical instruction and containing the instructor's
photograph, the name and address of the licensee, and the name and address of
the driver training school by whom the instructor is employed. The license
shall be:
(1) Nontransferable;
(2) Carried and displayed in compliance with
KRS 332.206; and
(3) Surrendered to
the Drivers Testing Branch upon expiration, revocation, suspension, mutilation
of the physical license, or the instructor's separation from employment with
the driver training school listed on the license.
Section 6. A driver training instructor
license shall expire on June 30 of each year or upon separation from employment
by the driver training school listed on the license. License renewal shall
require submission of a new application pursuant to Section 3 of this
administrative regulation, including payment of fees. A renewal application,
supporting documents, and fees shall be submitted to the Drivers Testing Branch
by June 30 of each year.
Section 7.
If a license is lost, mutilated, or destroyed, a duplicate license will be
issued upon proof of the date the license was lost or destroyed and the
circumstances involving the loss, mutilation, or destruction. A five (5) dollar
replacement fee shall be paid for a duplicate license.
Section 8. Any applicant who has previously
been licensed as a driver training instructor but has not been so employed
within two (2) years preceding application shall apply as an original
applicant.
Section 9. Any
instructor who has had the instructor's license suspended or revoked or any
applicant denied a license may apply again six (6) months following the
suspension, revocation, or denial.
Section
10. The department shall not issue a driver training instructor
license to any applicant who has been convicted of two (2) or more moving
hazardous traffic violations within the two (2) year period immediately
preceding the date of application.
Section
11. A driver training school shall complete a Driver Training
School License Information Notice of Change, KSP 115, within ten (10) days of
termination of employment of an instructor or agent, or if there is any change
in the address of any owner, partner, officer, or driving instructor.
Section 12. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Driver Training Instructor
Application". KSP 107, 2009 edition;
(b) "Driver Training Instructor's Examination
Report", KSP 110, 2001 edition; and
(c) "Driver Training School License
Information Notice of Change", KSP 115, 2006 edition.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky State Police,
Drivers Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. or at any KSP regional driver testing
office. This material is also available on the agency Web site
kentuckystatepolice.org under drivers testing.