Authority: IC 9-14-8-3; IC 9-27-6-6; IC 9-27-6-11

Affected: IC 9-27-6-6; IC 20-19-2-8; IC 21-7-13-32; IC 27-17-1-13; IC 36-1-2-17

Sec. 2. (a) Licensed schools may provide theoretical training during which an instructor is present in a county outside the county in which the school is located to the students of the schools listed in IC 9-27-6-6(c), but must obtain advance written approval of the governing bodies of the entities listed in IC 9-27-6-6(c)(1), IC 9-27-6-6(c)(2), and IC 9-27-6-6(c)(3) before providing such training.

(b) A school shall not:

1. (1) operate from a residential dwelling;
2. (2) provide theoretical training to a child less than fifteen (15) years of age;
3. (3) employ any current employee of the bureau or the commission or any member of their immediate family;
4. (4) allow any person to provide driver training unless the person is properly licensed as an instructor;
5. (5) solicit persons for driver training at any of the bureau's places of business;
6. (6) falsify or tamper with any records;
7. (7) knowingly assist a person in obtaining driving privileges from the bureau by fraud;
8. (8) use a name that implies any affiliation with the bureau or any other state or local government agency, except when the school is an entity defined under IC 36-1-2-17, IC 20-19-2-8, IC 27-17-1-13, IC 21-7-13-32, or a nonaccredited nonpublic school; or
9. (9) market or advertise its services in a false, deceptive, or misleading manner.

(c) A school shall publicly display its license in all of its locations during office hours or course hours.

(d) A school may state that it is licensed by the bureau, but a school shall not state that it is supervised, recommended, or endorsed by the bureau.

(e) A school shall create and maintain a contract, registration form, or other document signed by the student that states the following:

1. (1) The agreed price for driver training per hour, lesson, or course.
2. (2) All other charges to be made to the student.
3. (3) A description of the training the student must receive (theoretical, behind-the-wheel, or a combination of these).

A school may allow for electronic submission of documents under this subsection.

(f) The school shall make available to each student, in printed form or on the school's website, the bureau approved "Code of Responsibilities for Driver Education Students" and "Bill of Rights for Driver Education Students".

(g) Subject to space requirements, a school must allow parental attendance at theoretical training.

(h) In the event the school or owner receives notice of:

1. (1) civil legal action filed against an owner or school;
2. (2) civil legal action filed against an instructor employed by the school that is related to driver training; or
3. (3) a criminal investigation, arrest, or conviction of an instructor, owner, or school;

the owner shall notify the bureau within one (1) business day and provide any information regarding the action, investigation, arrest, or conviction to the bureau upon request.

(i) In the event of a collision during behind-the-wheel training or a driving skills test, the owner shall report the collision to the bureau within five (5) business days and provide any information regarding the collision to the bureau upon request.

(Bureau of Motor Vehicles; 140 IAC 4-1.2-2; filed Nov 25, 2014, 3:50 p.m.: 20141224-IR-140140292FRA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)