School license -- Contents of rules.

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  • (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules regarding the requirements for:
    • (a) a school license, including requirements concerning:
      • (i) locations;
      • (ii) equipment;
      • (iii) courses of instruction;
      • (iv) curriculum on air quality, based on data and information provided by the Division of Air Quality, including:
        • (A) instruction on ways drivers can improve air quality; and
        • (B) the harmful effects of vehicle emissions;
      • (v) instructors;
      • (vi) previous records of the school and instructors;
      • (vii) financial statements;
      • (viii) schedule of fees and charges;
      • (ix) character and reputation of the operators and instructors;
      • (x) insurance as the commissioner determines necessary to protect the interests of the public; and
      • (xi) other provisions the commissioner may prescribe for the protection of the public; and
    • (b) an instructor's license, including requirements concerning:
      • (i) moral character;
      • (ii) physical condition;
      • (iii) knowledge of the courses of instruction;
      • (iv) motor vehicle laws and safety principles and practices;
      • (v) previous personnel and employment records; and
      • (vi) other provisions the commissioner may prescribe for the protection of the public;
    • (c) applications for licenses; and
    • (d) minimum standards for:
      • (i) driving simulation devices that are fully interactive under Subsection 53-3-505.5(2)(b); and
      • (ii) driving simulation devices that are not fully interactive under Subsection 53-3-505.5(2)(c).
  • (2)
    • (a) Rules made by the commissioner may not require observation time to observe the instructor, another student driver, or another road user.
    • (b) The prohibition on rulemaking described in Subsection (2)(a) does not prohibit a commercial driver education school or other driver education program from including observation time as part of a driver education curriculum.
  • (3) Rules made by the commissioner shall require that a commercial driver training school offering motorcycle rider education meet or exceed the standards established by the Motorcycle Safety Foundation.
  • (4) Rules made by the commissioner shall require that an instructor of motorcycle rider education meet or exceed the standards for certification established by the Motorcycle Safety Foundation.
  • (5) The commissioner may call upon the state superintendent of public instruction for assistance in formulating appropriate rules.




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