Exemptions, Application to Become a Sponsor, Additional Program Requirements, Regulation of Authorized Program

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

Rule No.: RULE TITLE
15A-12.003: Exemptions
15A-12.004: Application to Become a Sponsor
15A-12.005: Additional Program Requirements
15A-12.006: Regulation of Authorized Program

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 33, August 20, 2010 issue of the Florida Administrative Weekly.

15A-12.003 Exemptions.

Persons holding a valid driver license that includes a motorcycle endorsement or equivalent certificate from those states, countries or organizations that require successful completion of the Basic Rider Course, including a similar examination of the knowledge and skill of the applicant in the operation of a motorcycle, are exempt from taking courses required for licensure listed below are not required to undergo additional motorcycle training in this state in order to obtain a motorcycle endorsement.

(1) Any state, except Alabama, unless the customer presents a valid Motorcycle Safety Foundation course completion card that is not more than one year old.

(2) United States Territories, Possessions (including Panama Canal Zone if issued prior to January 1, 2000)

(3) Canada

(4) France

(5) Germany

(6) Taiwan

(7) United States Military

Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5) FS. History–New_________.

 

15A-12.004 Application to Become a Sponsor.

(3) Persons or entities desiring to act as Sponsors must first qualify with the Department MSF as an entity affiliated with the FRTP that is responsible for motorcycle safety and education in which the Sponsor agrees to teach current MSF RiderCourse curricula and does so through RiderCoaches certified according to MSF and FRTP standards. Department MSF qualifications require completion and use of the forms listed below, which include the student course waiver and indemnification agreement, reporting and insurance requirements and driving range layout, all of which are conditions of the Department MSF for utilizing the MSF their course and instructor certifications. Copies are available from the MSF website, www.msf-usa.org, Training Site Support, Rider Education Recognition Program (RERP) Forms or by contacting the FRTP, 2900 Apalachee Parkway, Neil Kirkman Building, MS 88, Room A226, Tallahassee, Florida 32399-0571:

(4) The Regional Coordinator will verify the range area and all forms will be sent to the FRTP Program Manager for approval, signature and forwarding who will sign and forward them to MSF for approval.

(5) MSF will send a letter of approval to the applicant with a copy to the FRTP Program Manager.

(5)(6) Once FRTP receives acknowledgment clearance from MSF, FRTP will initiate the letter of authorization process.

(6)(7) The Letter of Authorization will be signed by the Director of the Division of Driver Licenses or her designee and provided to the Sponsor.

(7)(8) Only when the applicant receives both official documents, will they be able to start classes.

(8)(9) Any change in the information provided by the applicant must be approved by FRTP. A letter of authorization shall not be transferable. The program shall notify FRTP at least 90 days prior to the effective date of a proposed change in the program’s corporate structure. FRTP shall review the proposed changes and may request additional information from the program.

(9)(10) The Sponsor shall be given Primary and Secondary signatory templates designed to designate approval authority for the motorcycle safety course classes. The Sponsor shall keep a record of Online Data Exchange System signatories, signatory ID’s and clerical additions.

Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New_________.

 

15A-12.005 Additional Program Requirements.

(1) An organization authorized to conduct the Program shall adhere to the following:

(f) Sponsors must provide proper insurance coverage as required by MSF.

(f)(g) Sponsors and RiderCoaches will cooperate with FRTP staff or representatives during program regulation visits.

(g)(h) Sponsors shall produce and maintain specific records as identified below:

(h)(i) The Sponsor, upon request, shall permit FRTP and its representatives to inspect the program, its public facilities, equipment and records that are required by these administrative rules to be maintained in the operation of the program.

(i)(j) Sponsors must maintain training materials and equipment. All cosmetic damage to state loaned motorcycles must be repaired at least annually. Any motorcycle that has been involved in a crash will be immediately removed from service. The Sponsor must ensure that it is inspected and ridden by a RiderCoach or Certified Range Aide to ensure proper repair prior to student use.

(j)(k) Sponsors must maintain all ranges in safe operating condition, as provided in HSMV Form 77091 and meet applicable local ordinances and zoning requirements.

(k)(l) The Sponsor is solely responsible for the performance of all aspects of these administrative rules. The Sponsor may subcontract aspects of these requirements but assumes full responsibility for the performance of that subcontractor.

(9) The Sponsor shall issue each student a current edition of the BRC Student Handbook or S/TEP Student Handbook, which shall be an original and not photocopied. For the BRC-2, the Sponsor shall provide a set of Rider Classroom Cards to the students for use during the program.

Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New_________.

 

15A-12.006 Regulation of Authorized Program.

(2) The FRTP representative visiting the Sponsors will produce a report on the Quality Assurance Audit Form, HSMV Form 92786 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms”, or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS 88, Room A226, Tallahassee, Florida 32399-0571. A copy of the report shall be provided to the Sponsor.

(b) The Quality Assurance Audit Form, copies of which can be obtained by contacting the Motorcycle Safety Foundation, 2 Jennifer Street, Suite 150, Irvine, CA 92618, [phone], or from its website, www.msf-usa.org. This Form outlines the steps that will be taken by the FRTP, when the Code of Conduct or the Department “Letter of Authorization”, are not adhered to.

(b)(c) On the first observation the FRTP representative documents in a comprehensive report what they saw and why it was viewed as a problem. This report is submitted to FRTP for review. A notice will be provided to the RiderCoach and Sponsor by either the Program Manager or Regional Coordinator. The RiderCoach and Sponsor will be allowed to provide explanations and reasoning as to their actions. If the explanation and/or reasoning is/are acceptable, then no further action will be deemed necessary. If the explanations and reasoning so warrant, either the Regional Coordinator or Program Manager will advise the RiderCoach and Sponsor of the necessary corrective measure(s) to be implemented by them to correct it.

Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New_________.