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RULE §31.3Motorcycle Safety Instructor

(a) A person may not instruct or offer instruction in motorcycle operation to the public for a consideration without authorization from the department.

(b) To qualify for authorization, an instructor must be approved by the department. The department may deny approval unless an instructor applicant agrees to teach the training courses in accordance with the department's rules, policies, procedures, and approved curricula. An instructor applicant must:

  (1) hold a current certification for the curriculum for which they are applying:

    (A) Standard motorcycle safety instructor; or

    (B) Specialized motorcycle safety instructor.

  (2) be a high school graduate or possess a valid GED;

  (3) possess a current, valid unrestricted Texas motorcycle license or an equivalent license from the applicant's state of residence for at least 2 years;

  (4) be a licensed driver for at least 5 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) meet the current minimum criminal history requirement pursuant to §31.2(e) of this title (relating to Contracted Motorcycle Operator Training Sponsor);

  (7) must possess a current first aid and adult CPR certification. Training courses must be attended in person and provide hands-on skills practice. Courses will only be accepted from providers that meet or exceed the curriculum standards of the American Red Cross, the American Heart Association, the Department of Transportation, or the National Highway Traffic Safety Administration;

  (8) be free from addiction to alcoholic beverages or drugs;

  (9) be physically competent to conduct classroom and on-cycle instruction, including technically correct riding demonstrations; and

  (10) must abide by the Texas Instructor Rules of Professional Conduct.

(c) 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.

(d) 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(c) of this title (relating to Contracted Motorcycle Operator Training Sponsor).

(e) 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 Sponsor), §31.3 of this title (relating to Motorcycle Safety Instructor), §31.4 of this title (relating to Student Admission Requirements), §31.5 of this title (relating to Verification of 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.

(f) An instructor approved by the department shall teach both the classroom and on-cycle phases of the courses for which the approval was granted. Upon department request, the instructor shall be observed by a department appointed evaluator to ensure quality training courses are offered. The evaluator will use the same pass/fail criteria as is utilized to evaluate the student teaching portion of the approved instructor preparation course.

(g) Instructors approved by the department may not:

  (1) give instructions or allow a student to receive instruction in motorcycle safety if either the instructor 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; amended to be effective November 9, 2014, 39 TexReg 8596

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