IDAPA 24.25.01
This rule applies to applicants, apprentices, and license holders for:
This rule governs the operation of driving businesses and practice of driving instructors in Idaho to protect the public health, safety, and welfare. This rule establishes:
This rule implements the following statute passed by the Idaho Legislature:
Professions, Vocations, and Businesses -
Idaho Driving Businesses Licensure Board
Division of Occupational and Professional Licenses
8 a.m. to 5 p.m., Mountain Time, Monday through Friday, except state holidays
11341 W Chinden Blvd, Bldg 4, Boise, ID 83714
Phone: (208) 334-3233
E-mail: DOPLboardsupport@dopl.idaho.gov
Website: https://dopl.idaho.gov/drb/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
24.25.01 – Rules of the Idaho Driving Businesses Licensure Board
000. Legal Authority. ... 3
001. Scope. ... 3
002. -- 099.(Reserved) ... 3
100. Driving Business License. ... 3
101. Driving Business -- Minimum Curriculum Components. ... 4
102. Driving Business - Course of Instruction. ... 4
103. Driving Instructor License. ... 5
104. Operation of Instructor Apprenticeship Training Program. ... 5
105. Continuing Education. ... 6
106. -- 299.(Reserved) ... 6
300. Discipline. ... 6
301. -- 399.(Reserved) ... 7
400. Fees. ... 7
401. -- 999.(Reserved) ... 7
These rules are promulgated pursuant to Section 54-5403. (3-28-23)
These rules govern the Idaho Driving Businesses Act. (3-28-23)
A driving business license is not transferable. The business licensee must conspicuously display the license at the business's principal classroom location. (3-28-23)
01. Ownership. The owner referenced in Idaho Code § 54-5505 (1) includes the applicant's officers and shareholders having a twenty-five percent (25%) or greater ownership interest (if a corporation), members and managers (if a limited liability company), and partners (if a partnership). (3-28-23)
02. Criminal History Background Check. The applicant and all persons listed under Subsection 100.01 must submit to a current, fingerprint-based criminal history check conducted by an organization approved by the Board. (3-28-23)
03. Classroom Locations and Certificates of Occupancy. Each applicant must list all principal and secondary classroom locations to be utilized by the business. The applicant must provide a certificate of occupancy issued for each location. (3-28-23)
04. Certificate of Vehicle Insurance. The certificate of commercial automobile insurance for each vehicle utilized by the driving business for driver education must accompany the application. The minimum coverage will include. (3-28-23)
a. Medical Payment for each person - five thousand dollars ($5,000); and either (3-28-23)
b. Limit of liability (Combined single limit) - five hundred thousand ($500,000) to apply to bodily injury and/or property damage; or (3-28-23)
c. Limit of liability (Split limit). Bodily injury - two hundred-fifty thousand ($250,000) per person/ five hundred thousand ($500,000) each accident; Property damage - two hundred-fifty thousand ($250,000) each accident. (3-28-23)
05. Licensed Instructors. Before beginning to offer driver education, and at all times while offering driver education, a driving business must employ or have contracted with one (1) or more licensed driving instructors to teach the classroom instruction phase and behind-the-wheel training phase of the driver education to be provided by the business. (3-28-23)
06. Vehicles. An applicant for a driving business license must submit to the Division a list of the vehicles that the business will utilize when offering driver education. A business licensee may not utilize vehicles that do not appear on the list. Each vehicle must have dual control brake pedals, safety restraints for all passengers, a side view mirror on each side of the vehicle, and an additional rear view mirror or compatible viewing device for the exclusive use of the instructor. A driving business must ensure that students are not allowed in a listed vehicle unless the vehicle is in a safe and proper operating condition. (3-28-23)
a. Initial Inspection. An applicant may not include a vehicle on a business's vehicle list unless the vehicle has passed a vehicle inspection performed by an ASE mechanic or vehicle technician within the two (2) month period preceding the application. The inspection must be documented on a Board-approved inspection form. The person who inspected the vehicle must sign the form, certifying that the vehicle generally is in a safe and proper operating condition, and that each inspected item passed inspection or, if found to be in need of repair, was repaired on a given date. The application must be accompanied by a separate, signed form for each listed vehicle. (3-28-23)
b. Annual Inspection. A business licensee must ensure that each vehicle passes an inspection every twelve (12) months, and that the inspection is performed by an ASE mechanic or vehicle technician documented on the Board-approved form referenced in Paragraph 225.06.a. of these rules. If a vehicle fails an annual inspection, the business licensee must withdraw the vehicle from service. The business licensee may not use the vehicle for behind-the-wheel training until the vehicle passes a subsequent inspection and the business licensee has submitted to the
Division the inspection form evidencing that the vehicle has passed.
(3-28-23)
c. Incident Inspection. If a vehicle incident occurs that requires an investigation and report by law enforcement, or in which the damage exceeds one thousand five hundred dollars ($1,500), the business licensee must withdraw the vehicle from service. The business licensee may not use the vehicle for behind-the-wheel training until the vehicle passes inspection by an ASE mechanic or vehicle technician and the business licensee has submitted to the Division the inspection form evidencing that the vehicle has passed. (3-28-23)
d. Signage. The business licensee must ensure that the outside of each vehicle is equipped with safely secured signs. Signs must include “Student Driver,” “Driver Education,” “Driver Training,” “Driving School,” or similar language that clearly designates the vehicle as a driver training vehicle. (3-28-23)
07. Course of Instruction. Each applicant must provide the course of instruction it will use when instructing students. The applicant must demonstrate, to the Board’s satisfaction, that the course of instruction is designed to produce safe and effective drivers and is educationally sound. (3-28-23)
08. On-line Instruction. In addition to, or in lieu of offering classroom instruction at a physical classroom location, a business licensee may offer classroom instruction to students via the internet. While a business licensee may utilize a third party to offer on-line classroom instruction, the business licensee is responsible for ensuring that the instruction content meets the requirements of these rules and is approved by the Board. (3-28-23)
The curriculum used by a driving business shall conform to the minimum standards as approved by the Board on an annual basis. The minimum standards can be found on the Board’s website and on the driving business application form. (3-28-23)
01. In-Car Documentation. A business licensee must ensure that each listed vehicle contains documentation that identifies each student and the student’s permit number. Permits will be given to the students following the successful completion of the course and used during the required graduate licensing process. (3-28-23)
02. Maximum Daily Driving and Observation Time. Neither a business licensee nor an instructor licensee may permit an enrolled student to receive more than two (2) hours of behind-the-wheel driving time per day. Maximum observation time is two (2) hours per student, per day, and may be completed with a parent or legal guardian. (3-28-23)
03. Grading Criteria. A business licensee may not permit a student to graduate from the business’s driver education program unless the student has achieved an eighty percent (80%) or higher in each of the three (3) course areas described in Idaho Code § 54-5405(1) (a)-(c). The business licensee must utilize written grading criteria for each of the minimum components in the curriculum approved by the Board. Criteria may include student attitude and such other criteria as the driving business may deem appropriate. The business licensee must maintain records of the student’s grades. (3-28-23)
04. Driving Log. Each driving instructor must complete a log for each student’s behind-the-wheel driving and each driving business licensee must ensure that its driving instructors complete the log. The log must include the student’s name, birthdate, driving permit number, class date, instructor’s name lesson objective, total instruction time, total observation time, final grade, and date the student passed. (3-28-23)
05. Reporting. A business licensee will send student performance information as prescribed by the Idaho Division of Motor Vehicles (DMV) to the DMV no later than five (5) p.m. on the third business day following completion of the course. (3-28-23)
06. Record Retention. The business licensee must maintain all logs and other records required under Rule 227 for at least three (3) years from date on which the student completes, or is no longer enrolled in, the business’s driver education course. The business licensee may not release these records without written consent from the student and the student’s parent or legal guardian. The Board and its agents, however, may inspect these records at
any time.
(3-28-23)
01. Driving Record and Driver’s License. On a Board approved application form, each applicant must submit a copy of a valid driver’s license and a copy of a satisfactory driving record. An unsatisfactory record includes, but is not limited to, two (2) moving violations in the past twelve (12) months, or suspension or revocation of a driver’s license in the last thirty-six (36) months, or a conviction involving alcohol or controlled substances within the last thirty-six (36) months.
(3-28-23)
02. Criminal History Background Check. Each applicant must submit to a current, fingerprint-based criminal history check conducted by an organization approved by the Board.
(3-28-23)
03. Medical Certificate. A driving instructor licensee may not provide in-vehicle instruction to students if the instructor suffers from a medical condition that may impair the instructor’s ability to safely instruct student drivers. Each applicant for an instructor’s license must obtain a medical examination performed by a licensed medical professional. The examination must be completed within two (2) years preceding the application. A driving instructor licensee must obtain a new medical certificate every two (2) years and annually certify compliance with these requirements. The applicant must submit a medical examiner’s certificate, issued and signed by a licensed, qualified medical professional. If a medical condition exists, the applicant must re-certify as the medical professional requires and submit that information to the Board.
(3-28-23)
04. Instructor Apprenticeship Training Program. Applicants for licensure must demonstrate to the Board’s satisfaction that they have successfully completed all required classroom instruction and behind-the-wheel training hours from a Board-approved instructor apprenticeship training program. The applicant must have undertaken and completed the apprenticeship training program within the five (5) year period immediately preceding the application.
(3-28-23)
a. Proof of successful completion must include written certificate from a Board-approved apprenticeship training program certifying that the applicant has satisfactorily completed the program.
(3-28-23)
b. A person may not enroll in an apprenticeship training program unless the person has applied for, paid for, and obtained an apprenticeship permit from the Board. The applicant must apply on Board-approved forms, which must identify the applicant and the business licensee in whose approved apprenticeship training program the applicant will be enrolled. The individual applicant must establish that they are at least twenty-one (21) years old. An apprenticeship permit automatically expires one (1) year after issuance. The Board also may suspend or revoke an apprenticeship permit, and refuse to issue another permit, if the permittee engages in any act or omission that would subject the permittee to discipline if the permittee had an instructor’s license. No one may be a permittee for more than three (3) years.
(3-28-23)
05. Waiver of Instructor Apprenticeship Training Program. An applicant is entitled to a waiver of the apprenticeship training program if they provide proof to the Board that they possess the requisite training and experience requirements as set forth below:
(3-28-23)
a. An applicant who has held within the past five (5) years an active and unrestricted public driver education instructor license issued by the Idaho State Department of Education and has completed eight (8) hours of continuing education within the prior year or an individual who has completed the Idaho State Department of Education driving instructor program within the past five (5) years and has completed eight (8) hours of continuing education within the prior year qualifies for a waiver of the apprenticeship training program requirement.
(3-28-23)
01. Application for Approval. A business licensee may operate a Board-approved instructor apprenticeship training program. The business licensee must apply for program approval on forms provided by the Board.
(3-28-23)
02. Apprentices. The business licensee must ensure that all persons who enroll in the licensee’s program possess a valid instructor apprenticeship training permit from the Board.
(3-28-23)
03. Instruction and Training Hours. The program must include the instruction and training as required by Idaho Code § 54-5406 (2). (3-28-23)
a. The required classroom hours may also be completed through on-line or internet based instruction. (3-28-23)
b. When an apprentice begins to provide behind-the-wheel driving instruction to students, a program instructor must supervise the apprentice by riding in the vehicle with the apprentice and students for the first six (6) hours. A program instructor also must ride in the vehicle with the apprentice and students to evaluate the apprentice during the final two (2) hours of the apprentice’s behind-the-wheel training. (3-28-23)
04. Instructors. The business licensee must ensure that only licensed driving instructors are allowed to teach in the program. A list of the instructors must accompany the application for approval. (3-28-23)
05. Recordkeeping. The business licensee must ensure that the program maintains progress records for each apprentice. A program instructor and the apprentice must sign and date the records each month, and copies of the records must be provided to the apprentice. The records must, at a minimum, identify each lesson completed, the number of hours of instruction involved in the lesson, the date the apprentice completed the lesson, the instructor who taught the lesson, and whether the apprentice passed. (3-28-23)
06. Certificate of Proficiency. The program must provide each apprentice with a certificate of proficiency evidencing all hours satisfactorily completed by the apprentice while in the program, and that the apprentice is proficient in all areas covered by the certificate. (3-28-23)
07. Discontinuance of Program. If the business licensee ceases to operate the program, the business licensee must provide the program’s current and prior apprentices with any progress or other records that the program is required to maintain under this Section. (3-28-23)
01. Continuing Education (CE) Requirement. Each Idaho licensed driving instructor must complete a minimum of eight (8) hours of continuing education every two years. (3-28-23)
a. A licensee is considered to have satisfied the CE requirements for the first renewal of the initial license. (3-28-23)
b. Prior to reinstatement of a license lapsed, canceled, or otherwise non-renewed for less than five (5) years, the applicant must provide proof of attendance of eight (8) hours of continuing education for the previous twelve (12) months. (3-28-23)
02. Providers/Sponsors/Subjects of Continuing Education. The continuing education must be provided by a nationally or regionally accredited college or university, a national or state driver education and traffic safety association such as the Idaho Association of Professional Driving Businesses, Driving School Association of the Americas, the American Driver Traffic Safety Education Association, and the American Automobile Association, transportation and law enforcement agencies, or other person or entity approved by the Board and must be germane to driver education. Courses taken on-line may be approved for continuing education if the courses require an exam or other proof of successful completion. (3-28-23)
01. Grounds for Discipline. In addition to the grounds for discipline listed in Section 54-5408, Idaho Code, grounds for discipline also include violating any of the following standards of conduct that have been adopted by the Board: (3-28-23)
a. A licensee must not use fraud or deception in procuring or renewing, or in attempting to procure or renew, a license, permit, or other authorization issued by the Board. (3-28-23)
b. A licensee must not aid, abet, or assist any person or entity in conduct for which a license or permit is required under Idaho Driving Businesses Act, unless the person or entity has the required license or permit. (3-28-23)
c. A licensee must comply with final orders of the Board issued in contested cases to which the licensee is a party. (3-28-23)
301. -- 399. (RESERVED)
All fees are non-refundable.
| FEE TYPE | AMOUNT (Not to Exceed) |
|---|---|
| Application | $25 |
| Original Instructor License and Annual Renewal | $25 |
| Instructor Apprentice Permit | $25 |
| Original Business License and Annual Renewal | $125 |
| Reinstatement | As provided in Section 67-2614, Idaho Code |
(3-28-23)
401. -- 999. (RESERVED)