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

Affected: IC 9-27-6

Sec. 1. (a) In order to obtain an instructor's license, a person must submit an application in the manner prescribed by the bureau that contains the following:

1. (1) The name, address, date of birth, telephone number, and driver's license number of the applicant.
2. (2) A fingerprint-based full national criminal background check of the applicant dated within ninety (90) days of the application.
3. (3) A certified copy of the applicant's driver record from the state that issued his or her current driver's license.

4. (4) A statement or statements from a physician on a form prescribed by the bureau, dated within twelve (12) months of the application date, certifying the applicant's:

   1. (A) mental ability;
   2. (B) minimum corrected visual acuity of 20/40 in each eye;
   3. (C) visual fields of not less than fifty-five (55) degrees in each eye;
   4. (D) absence of communicable diseases; and
   5. (E) absence of a medical condition that may affect the applicant's ability to operate a vehicle safely, give demonstrations, or supervise students operating motor vehicles.
5. (5) The name and address of each of the applicant's employers for the past five (5) years.
6. (6) Documents demonstrating that the instructor meets the minimum qualifications set forth in subsection (g).
7. (7) Any further information requested by the bureau.

(b) Persons applying to provide instruction only for theoretical training may so indicate in their application and need not submit evidence of the minimum visual acuity standards or ability to operate a vehicle safely. The bureau may grant such applicants instructor's licenses that are restricted to theoretical training instruction.

(c) An application for the renewal of an instructor's license must:

1. (1) be filed with the bureau on or before May 1 in even-numbered years; and
2. (2) contain the information set forth in subsection (a)(1), (a)(2), (a)(3), (a)(4), and (a)(7).

(d) In the event of any change in the information submitted to the bureau under subsection (a), the instructor shall notify the bureau of the changes within ten (10) days.

(e) The instructor shall provide any other documentation requested by the bureau.

(f) The instructor may request amendments to an existing license.

(g) The bureau shall not issue an instructor's license unless the applicant demonstrates that he or she meets the following:

1. (1) Meets one (1) of the following instructor education requirements:

   1. (A) Has earned fifty-one (51) semester credit hours at a postsecondary educational institution and nine (9) credit hours of driver education training that included theoretical and behind-the-wheel training consistent with nationally accepted standards in traffic safety and was a part of a curriculum approved by the commission for higher education.
   2. (B) Has completed a bureau approved instructor training program and completed twenty (20) hours of behind-the-wheel training instruction that meet the standards set forth in 140 IAC 4-4-1.2.
2. (2) Is a citizen or lawful permanent resident of the United States.
3. (3) Is at least twenty-one (21) years of age.
4. (4) Has held a valid driver's license for at least three (3) years.

(h) The bureau may deny an application for an instructor's license:

1. (1) if the application fails to demonstrate that the applicant qualifies for a license under IC 9-27-6-8 or IC 9-27-6-10;
2. (2) if the applicant provides false information to the bureau;
3. (3) if the applicant has violated any statute or regulation pertaining to driver training schools; or
4. (4) for any other reasons set forth in applicable statutes or rules.

(i) The bureau shall review the background check submitted with an application for an instructor license and shall deny the application if the applicant was convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any felony or crime involving dishonesty.

(j) The bureau shall review the driver's record of each applicant for an instructor's license and shall deny the application if the applicant has more than two (2) moving offenses in a twelve (12) month period immediately prior to the application.

(k) There is no continuing education requirement for instructors.

(Bureau of Motor Vehicles; 140 IAC 4-1.3-1; filed Nov 25, 2014, 3:50 p.m.: 20141224-IR-140140292FRA; filed May 23, 2019, 12:04 p.m.: 20190619-IR-140180320FRA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)