PURPOSE: This rule outlines the standards for an approved motorcycle rider training program sponsor.

1. (1) No individual, association, partnership, corporation, or educational or governmental agency may sponsor or offer training in motorcycle operation to the public for tuition, consideration, or fee without authorization from the division. To qualify for authorization, a sponsor must be approved by the division through a current contract for a permanent site sponsor or letter of agreement for a mobile site sponsor. Approval will be denied unless a sponsor applicant meets the following requirements. The applicant must demonstrate the capacity to register students, collect and account for tuition as appropriate, arrange public notice of courses, provide required insurance coverage and make all necessary insurance premium payments, submit and maintain all required records, and contract with, schedule, and compensate authorized instructors as appropriate.

   1. (A) All applicants must have access to a riding area for on-cycle training that is— 7 CSR 60-1

      1. 1. A paved surface, including asphalt,

concrete, or other all-weather surface of suitable traction; and

1. 2. Large enough to safely accommodate

any motorcycle training range approved by the department, per Motorcycle Safety Foundation (MSF) guidelines, as flat as possible, secure from vehicular and pedestrian traffic, and free of surface hazards and obstacles.

1. (B) Applicants for permanent sites must also have access to—

   1. 1. A secure storage area to physically

and environmentally protect training motorcycles and other course equipment;

1. 2. A classroom, not located in a private

residence, that is large enough to seat all students and instructors comfortably and that contains at least one (1) adequate desk or equivalent seating and writing surface for each student, and at least one (1) instructor’s desk, table, or podium;

1. 3. Audiovisual presentation equipment

for the classroom, including a chalkboard or equivalent; and

1. 4. A first-aid kit and at least one (1) five

pound (5 lb.) Class ABC Occupational Safety and Health Administration (OSHA)-approved fire extinguisher, or equivalent, for the riding area.

1. (2) Approval as a sponsor may be suspended if the sponsor, an instructor under contract with the sponsor, or a member of the sponsoring organization with supervisory or executive duties involving the training program—

   1. (A) Fails to continue to meet the requirements of MSF;

   2. (B) Has been convicted or placed on probation for—

      1. 1. Any felony;
      2. 2. Any offense involving moral turpi-

tude within the previous ten (10) years from the date of approval or renewal except as provided hereinafter; or

1. 3. Any offense involving tampering with

a government record, or any of the following offenses involving the operation of a motor vehicle within the previous five (5) years:

1. A. Criminally negligent homicide;
2. B. Driving while intoxicated; or
3. C. Driving under the influence of

drugs;

1. (C) Cannot provide sufficient information and documentation to enable the department to evaluate or reevaluate the applicant’s request for approval;
2. (D) Knowingly presents or allows to be presented to the department any false or misleading information relating to a request for approval;
3. (E) Permits or engages in any fraud or fraudulent practice concerning an application or, in any action between the applicant or licensee and the public, induces or countenances any fraud or fraudulent practice on the part of an applicant for a driver’s license or permit;
4. (F) Knowingly or recklessly disregards or fails to comply with any departmental rule, written policy, or written procedure regarding the motorcycle operator training program; or
5. (G) Knowingly allows an instructor to give, or a student to receive, classroom or riding instruction if either exhibits any evidence of or effects from an alcoholic beverage, controlled substance, or drug as defined in section 195.010(7), RSMo.

1. (3) The division may construe any probation or conviction which is for a criminal offense arising from a penal provision from another state, federal, military, or foreign jurisdiction to be its closest equivalent under the penal provisions of this state.

2. (4) Approval may be canceled if—

   1. (A) It was based on false or incorrect information or mistake, such as clerical or other nonsubstantive errors by either party; or
   2. (B) If the discrepancy causing the suspension under these administrative rules has not been corrected within the time limit prescribed by a suspension.
3. (5) Each sponsor must designate a chief school official to be responsible for signing contracts with the department, instructors, or students and for signing any forms required of the sponsor. The chief school official must also be designated by the sponsor to be the custodian of all records, which shall be kept for a period of at least three (3) years from the date of the final performance report under the contract.
4. (6) If the sponsor is an organization, that organization shall designate one (1) of its members as the chief school official. If the sponsor is an individual, that person shall also be the chief school official.

5. (7) The control of the sponsor is considered to have changed if—

   1. (A) In the case of sole proprietorship, more than fifty percent (50%) of the controlling interest has been sold or transferred;
   2. (B) In the case of a partnership or a corporation, more than fifty percent (50%) of the controlling interest has been sold or transferred; or
   3. (C) The board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the sponsor.
6. (8) When control of the sponsor has changed, as outlined in section (7) of this rule, the contract will be canceled and renegotiated through the appropriate rules and regulations.

AUTHORITY: section 302.134, RSMo Supp. 1995.* This rule originally filed as 11 CSR 60-1.020. Original rule filed March 20, 1996, effective Sept. 30, 1996. Moved to 7 CSR 60-1.020, effective Aug. 28, 2003.

*Original authority: 302.134, RSMo 1995.