This rule chapter sets forth the standards for the Florida Motorcycle Safety Education Program, hereafter referred to as the Florida Rider Training Program (FRTP) with organizations to provide motorcycle safety training, the certification of ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-12.001: Purpose
15A-12.002: Definitions
15A-12.003: Reciprocity
15A-12.004: Application for Authority to Conduct a Motorcycle Safety Training Program
15A-12.005: Authorized Program: Requirements and Limitations
15A-12.006: Quality Assurance
15A-12.007: Student and Program Records
15A-12.008: Personnel Certification
15A-12.009: Complaints
15A-12.010: Compliance and Termination of Rider Coach Recognition or Sponsor Authorization to Conduct Motorcycle Safety Education Courses
15A-12.011: Forms
PURPOSE AND EFFECT: This rule chapter sets forth the standards for the Florida Motorcycle Safety Education Program, hereafter referred to as the Florida Rider Training Program (FRTP) with organizations to provide motorcycle safety training, the certification of instructors hereafter referred to as RiderCoaches (RC), and regulating the conduct of these programs and courses by the Department of Highway Safety and Motor Vehicles (DHSMV)/Florida Rider Training Program (FRTP) pursuant to Sections 322.0255, 322.12(5)(a), Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Compliance with these rules is required to obtain and to maintain licensure and certification by FRTP.
SPECIFIC AUTHORITY: 322.0255 FS.
LAW IMPLEMENTED: 322.0255, 322.12(5) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Monday, January 4, 2010, 10:30 a.m.
PLACE: Department of Highway Safety and Motor Vehicles, Auditorium, 2900 Apalachee Parkway, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Lauer, Bureau of Driver Education and DUI Programs, 2900 Apalachee Parkway, Room B214, Tallahassee, FL 32399-0500, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

15A-12.001 Purpose.

This rule chapter sets forth the standards for the Florida Motorcycle Safety Education Program, hereafter referred to as the Florida Rider Training Program (FRTP) with organizations to provide motorcycle safety training, the certification of instructors hereafter referred to as RiderCoaches (RC), and regulating the conduct of these programs and courses by the Department of Highway Safety and Motor Vehicles (DHSMV)/Florida Rider Training Program (FRTP) pursuant to Sections 322.0255, 322.12(5)(a), Florida Statutes. Compliance with these rules is required to obtain and to maintain licensure and certification by FRTP.

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

 

15A-12.002 Definitions.

(1) Curriculum – the Basic Rider Course (BRC) or Experienced Rider Course (ERC) curriculum from the Motorcycle Safety Foundation (MSF), Sidecar/Trice Education Program (S/TEP) curriculum from the Evergreen Safety Council (ESC) or a standardized course authorized by FRTP.

(2) Department – The Department of Highway Safety and Motor Vehicles (DHSMV).

(3) Manager – any individual who oversees the day-to-day operation of the state motorcycle safety program.

(4) Motorcycle Safety Foundation – “A not for profit foundation, supported by motorcycle manufacturers, that provides leadership to the motorcycle safety community.” They developed various courses approved for use in Florida.

(5) Program Fee – the fee charged by the motorcycle training program for providing education on motorcycle safety.

(6) Sponsor – an entity which provides or intends to provide motorcycle safety training program services and functions in the State of Florida, hereinafter identified as “the Sponsor.”

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

 

15A-12.003 Reciprocity.

Motorcycle training programs recognized, approved, licensed, or certified by another state or country’s driver license authority, that are recognized by FRTP as being similar to the motorcycle safety training program in this State.

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

 

15A-12.004 Application for Authority to Conduct a Motorcycle Safety Training Program.

(1) Locate a suitable area for a range. An unobstructed area of 200' x 300' is recommended. Potential alternatives can be found on the MSF website. A request for any range approval shall be made electronically or in writing to FRTP to secure a letter of authorization with FRTP.

(2) Obtain a letter of understanding from the property owner stating you have permission to use the property for motorcycle safety courses.

(3) Complete the forms listed below which are available from MSF website, www.msf-usa.org, Training Site Support, Rider Education Recognition Program (RERP) Forms:

(a) Rider Education Recognition Program (RERP) Agreement.

(b) Rider Education Recognition Program (RERP) Application.

(c) Rider Education Recognition Program (RERP) Range Application.

(4) The regional coordinator will verify the range area and all forms will be sent to the FRTP Program Manager 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.

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

(7) The letter of authorization will be signed by the Director of the Division of Driver License or her designee and provided to the Sponsor.

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

(9) Non-transferability. 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.

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

(11) Program Title.

(a) No program shall use, adopt, or conduct any business under a name that is like or deceptively similar to a name used by another program.

(b) A program shall not use the word “State” in any part of the program name.

(12) A copy of the program's certificate of occupancy or documentation reflecting compliance with local, state, and federal fire, sanitation and building requirements shall be made available upon request by FRTP.

(13) The program shall permit FRTP and its representatives upon request 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.

(14) The procedure followed for processing the application will be pursuant to Section 120.60, F.S.

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

 

15A-12.005 Authorized Program: Requirements and Limitations.

(1) An organization authorized to conduct motorcycle safety education program

(a) All RiderCoaches must abide by the FRTP and MSF Rules of Professional Conduct;

(b) Sponsors must attend required meetings, advise FRTP of organizational changes, location of services, schedules of classes and provide copies of incident reports and legal actions.

(c) Sponsors must submit reports on student completion in the format required by the FRTP. All completions will be entered within three days of the conclusion of the class into the Online Data Exchange System;

(d) RiderCoaches must meet all requirements regarding certification, continuing recertification, conduct, background, administrative rule requirements, and customer testing of students;

(e) Sponsors must provide proper insurance coverage with FRTP listed as a Certificate holder or co-insured on the policy and any changes to that policy must be provided to FRTP;

(f) Sponsors and RiderCoaches will cooperate with FRTP staff or their consultants on quality assurance site visits;

(g) 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 to ensure proper repair prior to student use;

(h) Sponsors must maintain all ranges and meet safety codes;

(2) 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.

(3) A program shall not use any name other than its registered name with the Secretary of State, for advertising or publicity purposes, nor shall a program advertise or imply that it is “recommended,” or “endorsed” by FRTP.

(4) No program, RiderCoach or employee shall advertise or represent themselves to be an agent or employee of FRTP or allow the use of any advertisement which would reasonably have the effect of leading the public to believe that they are or were an employee or representative of FRTP.

(5) No program, RiderCoach or employee shall solicit business on the premises rented, leased or owned by FRTP including parking lots adjoining driver license examining offices or parking lots used by driver license applicants.

(6) No program shall make a false or misleading claim in any of its advertisements.

(7) Obscene Advertising. No program shall use any form of advertising which is obscene, lewd, or pornographic. Upon a finding by FRTP that a program has used any obscene advertising in any medium, the program's license will be suspended upon a first offense, and a mandatory license revocation for a second offense.

(8) The Sponsor must notify FRTP in writing of any legal action filed against the Sponsor, its officers or the RiderCoaches within 10 days of receiving notice of such action.

(9) With the implementation of the electronic Online Data Exchange System, reports must be submitted within three days of course completion. If any portion of the documentation is incorrect or incomplete, it may be addressed via email to the Sponsor or the documentation will be returned to the Sponsor for correction and must be resubmitted by the Sponsor within 3 working days of receipt.

(10) By submission of the online reports, the Sponsor certifies their correctness. All such reports are subject to audit by the State or its designee.

(11) The Sponsor shall direct all required correspondence and reports to the Department which shall bear an original signature. Of the Sponsors designated representative.

(12) The Sponsor shall provide a completion card to each student who successfully completes a department approved Rider Course but this does not negate the requirement to enter all information in the online system.

(13) The Sponsor shall provide a properly equipped classroom conducive to learning as outlined in the RiderCoach Guide. There shall be sufficient classroom space to comfortably accommodate all students with a minimum of twenty (20) square feet of space per student.

(14) The Sponsor shall issue each student a current original edition of the BRC Rider Handbook, S/TEP Student Book or supply each a set of ERC Suite Classroom cards to be used during the class when applicable. Handbooks cannot be photocopied.

(15) Sponsor schools must order and pay for all Rider Course completion cards, as well as MSF and ESC workbooks directly through MSF and ESC.

(16) A student who fails either the Rider Course knowledge test or skills test shall be allowed one retest. The retest shall not be on the same day as the failure. The retest shall be at no cost to the student and shall occur within 60 days of the date of the failure.

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

 

15A-12.006 Quality Assurance.

FRTP will process quality assurance at each program site to ensure compliance with these administrative rules, Florida Statutes, and the Florida Administrative Code. The FRTP staff and consultants under these administrative rules shall:

(1) Conduct unannounced site visits.

(2) Check the range for size and safety compliance; if there is an immediate safety issue the range shall be shut down; a report shall be made on the Quality Assurance Audit Form.

(3) During a site visit, all representatives of the program shall cooperate with FRTP’s representative(s), and, upon request, shall exhibit all records, instructional aids, manuals, or such other materials as necessary for the review.

(4) The person completing the quality assurance will produce a report on the Quality Assurance Audit Form which shall be provided to the Sponsor.

(5) Sponsors shall be responsible for ensuring any deficiencies noted in the report are remedied in the time allotted. Failure to do so shall be considered administrative rule violations which are cause for termination of authorization to provide motorcycle safety education.

(a) The Quality Assurance Audit Form, HSMV….. outlines the steps that will be taken by the Florida Rider Training Program (FRTP), when the Code of Conduct and / or the Florida “Letter of understanding”, are not adhered to.

(b) On the first observation the State 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 Rider Coach and Sponsor. The Rider Coach and Sponsor will be allowed to explain why they do it that way or did it that way. If it makes sense and is just different then ok, if not advise Rider Coach and Sponsor of corrective measure(s) to be taken by them to correct it.

(6) In order to better facilitate site visits, the shall provide the Department a quarterly Rider Course schedule no later than the 15th of the month preceding the new quarter. The course schedule shall be sent to [e-mail]. The Sponsor shall notify the Department of any changes in course schedules.

(7) The steps for non-compliance issues are as follows:

(a) 1st Time Observed: The State representative shall explain in a comprehensive report what they viewed and why it was considered a problem. This report shall be submitted to the Quality Assurance Coordinator for review. A notice shall be sent electronically to the RiderCoach and Sponsor who must respond to this report.

(b) 2nd Time Observed: The State representative shall explain in a comprehensive report what they observed and why it was considered a problem. This report will be submitted to the Quality Assurance Coordinator for review. A notice shall be sent electronically to the Rider Coach and Sponsor advising them that a second written complaint has been received by QA – FRTP. A written warning to be issued by an FRTP member to the Rider Coach and Sponsor and the Sponsor will receive notice of the action. The Rider Coach and Sponsor will be placed on notice for a period of 6 months.

(c) 3rd. Time Observed: The State representative shall explain in a comprehensive report what they observed and why it was considered a problem. This report shall be submitted to the Quality Assurance Coordinator for review. A notice shall be sent electronically to the Rider Coach and Sponsor advising them that a third written complaint has been received. After a review by the QA Coordinator and the FRTP Manager a letter of suspension shall be sent to the Rider Coach and Sponsor of their FRTP recognition for a period of 90 days, this letter will be forwarded to the Sponsor. The Rider Coach and Sponsor may address complaint if desired. During this time the RiderCoach must attend an RCP or clinic to observe or participate in and must be observed on the first class he/she is teaching following this suspension. The Sponsor must correct the issues noted in the audit report prior to the end of the suspension.

(d) 4th. Time observed: The State representative shall explain in a comprehensive report what they saw, and why it was seen as a problem. This report shall be submitted to the Quality Assurance Coordinator for review. A notice shall be sent electronically to the Rider Coach and Sponsor advising them that a fourth written complaint has been received by QA – FRTP. After a review by the Quality Assurance Coordinator and the FRTP Manager, FRTP shall issue a letter of suspension of their FRTP recognition for one year to the Rider Coach. The Sponsor’s authorization to conduct rider education shall be suspended. The RiderCoach, along with the Sponsor, if they choose, can address the complaint, pursuant to Chapter 120, Florida Statutes, prior to the full suspension being enacted. Prior to returning to any program in the State of Florida as a Rider Coach they must complete a pre-approved educational plan and apply as a new coach. The Sponsor must reapply with the state for a Letter of Understanding to conduct Rider Training in the State of Florida.

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

 

15A-12.007 Student and Program Records.

The program Sponsor shall produce and maintain specific records as identified below:

(1) Student Observation/Incident Report, HSMV Form 77008, where applicable. The Sponsor shall submit copies of all incident reports to the Department within 30 days of occurrence.

(2) The student has one year from the date the BRC was completed to secure the endorsement on their driver license.

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

 

15A-12.008 Personnel Certification.

(1) The Sponsors shall employ only RiderCoaches who are recognized by FRTP and certified by MSF.

(2) RiderCoaches and Sponsors must adhere to the professional standards adopted by FRTP as established by the MSF and the ESC.

(3) RiderCoaches trained in another state, must, prior to teaching in Florida, complete a BRC RiderCoach Information Sheet; submit a driver’s record and criminal history background and a copy of their MSF RiderCoach card to the area Regional Coordinator. Then they will be evaluated by FRTP staff or their designee. They must also attend a RiderCoach update within six months of evaluation.

(4) RiderCoaches must maintain their certification and a valid driver license with a motorcycle endorsement.

(5) RiderCoaches must sign and abide by the FRTP’s RiderCoach Rules of Professional Conduct, teach or team teach a minimum of one complete BRC or S/TEP annually, attend one FRTP RiderCoach Update and one professional development activity in their certification period (two years).

(6) RiderCoaches must recertify with MSF on-line and must forward recertification surveys to Sponsors.

(7) RiderCoaches must refrain from conduct that would constitute conduct unbecoming a public employee, defined by Rule 15-3 of the Florida Administrative Code on the job and off.

(8) RiderCoaches shall ensure that no assistance is given any student in a manner that provides unfair advantage in passing the skills and/or knowledge tests. RiderCoaches cannot conduct tests for their relatives as defined in Section 112.3135, Florida Statutes.

(9) RiderCoaches cannot be employed if they engage in behavior which constitutes sexual harassment, discrimination or behavior which endangers the health, safety and welfare of any person or the general public. They cannot be convicted of or placed on probation for any felony within a time period to be determined on a case by case basis by FRTP, any offense involving alcohol, drugs, violence, dishonesty, deceit, fraud or indecency within a time period determined on a case by case basis by FRTP.

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

 

15A-12.009 Complaints.

Any complaint against the Florida Rider Training Program must be submitted to the Florida Department of Highway Safety and Motor Vehicles, Bureau of Driver Education and DUI Programs, 2900 Apalachee Parkway, MS 88, Room B214, Tallahassee, Florida, in writing. The complaint can also be submitted electronically by contacting [phone] for the specific email address.

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

 

15A-12.010 Compliance and Termination of RiderCoach Recognition or Sponsor Authorization to Conduct Motorcycle Safety Education Courses.

(1) Administrative non-compliance is the failure to meet requirements for reporting, notifications, record keeping and similar acts that do not compromise testing integrity or public safety. The first occurrence requires a written reprimand and a repeated one requires a 30 day suspension of the authorization to provide motorcycle safety education.

(2) Discrepancy in test procedure is the failure to properly administer a required portion of a test procedure, such as the omission of a required maneuver. The first occurrence is a ten day suspension of the administrative rule agreement and a repeated occurrence requires the termination thereof.

(3) A major discrepancy in testing procedures is a failure to include all required parts, use of an unsafe vehicle for testing, or other action that significantly compromises the integrity of the testing process. This requires a 45 day suspension for the first occurrence and the termination if it is repeated.

(4) Fraud is defined as the abuse of authorities granted under these administrative rules to gain profit through the issuance of test waivers for students who have not passed a complete test.

(5) The authorization to conduct motorcycle safety education may be cancelled if a Sponsor refused to allow public access to all documents subject to Chapter 119, F.S., failed to comply with any part of these administrative rules, commits an act that compromises the integrity of the program, uses a RiderCoach who is not Florida recognized.

(6) Upon termination of the authorization, all loaned equipment and program materials must be returned to FRTP within 10 calendar days of the termination.

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

 

15A-12.011 Forms.

The forms listed below are incorporated by reference for administration of the FRTP program. Copies of the forms may be obtained from the FRTP website, under forms or by contacting the Department, Neil Kirkman Building, MS 88, Room B211, Tallahassee, Florida 32399-0571.

(1) Form 77108, “BRC Skill Evaluation Score Sheet,”

(2) Form 77110, “ERC Skill Evaluation Score Sheet,”

(3) Quality Assurance Form.

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