|(a) A person may not instruct or offer instruction in motorcycle operation to the public for a consideration without authorization from the department. To qualify for authorization, a RiderCoach must be approved by the department. The department may deny approval unless a RiderCoach applicant meets the following requirements. The applicant must agree to teach the training courses in accordance with the department's rules, policies, procedures, and approved curricula and must: (1) hold a current national certification from the Motorcycle Safety Foundation (MSF); (2) be a high school graduate or possess a valid GED; (3) possess a current, valid Texas motorcycle license or an equivalent license from the applicant's state of residence; (4) be a licensed driver for at least five years; (5) meet the current driving record evaluation standards established by the Texas Department of Public Safety for school bus drivers pursuant to Texas Transportation Code, §521.022 by supplying a certified copy of an out-of-state driving history if requested; (6) be free from addiction to alcoholic beverages or drugs; and (7) be physically competent to conduct classroom and on-cycle instruction, including technically correct riding demonstrations. (b) An applicant for approval to instruct an advanced motorcycle operator training course must meet all the requirements to instruct as identified in subsection (a) of this section, plus attend a department-approved curriculum update, and be able to perform technically correct riding demonstrations on his or her personal motorcycle. (c) The department may deny or suspend its approval if the instructor fails to meet or continue to meet the requirements of subsections (a) and (b) of this section or if the instructor, as an individual, fails to meet or continue to meet the requirements of §31.2(b) of this title (relating to Contracted Motorcycle Operator Training Site Sponsor). (d) The department may cancel its approval if: (1) it was based on false or incorrect information or mistake; or (2) the discrepancy causing the suspension under §31.2 of this title (relating to Contracted Motorcycle Operator Training Site Sponsor), §31.3 of this title (relating to Standard Motorcycle RiderCoach, §31.4 of this title (relating to Student Admission Requirements), §31.5 of this title (relating to Verification of Standard Motorcycle Operator Training Course Completion), §31.6 of this title (relating to Approved Standard Motorcycle Operator Training Courses), and §31.7 of this title (relating to Motorcycle Requirements) has not been corrected within the time limit prescribed by a suspension. (e) A RiderCoach approved by the department may teach both the classroom and on-cycle phases of the courses for which the approval was granted. (f) RiderCoaches approved by the department may not: (1) give instructions or allow a student to receive instruction in motorcycle safety if either the RiderCoach or student is using or exhibits any evidence of effect from an alcoholic beverage, controlled substance, or drug as defined in Texas Penal Code, §49.01 et seq.; or (2) complete, issue, or validate a certificate of course completion to a person who has not successfully completed the course. A period of absence for any portion of scheduled course instruction will require that student repeat that portion of instruction prior to issuance of the certificate of completion.
|Source Note: The provisions of this §31.3 adopted to be effective April 20, 1993, 18 TexReg 2301; amended to be effective October 24, 1996, 21 TexReg 10220; amended to be effective April 15, 1997, 22 TexReg 3305; amended to be effective May 1, 2001, 26 TexReg 3222; amended to be effective December 25, 2003, 28 TexReg 11343