CHAPTER 50
RULES AND REGULATIONS FOR MOTORCYCLE RIDER SAFETY TRAINING CENTER PROGRAM (REPEALED)

24VAC20-50-10. Definitions. (Repealed.)

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Administrator" means the individual responsible for organizing and administering the training center.

"Commissioner" means the Commissioner of the Virginia Department of Motor Vehicles.

"Course" means a motorcycle rider safety training course.

"DMV" means the Virginia Department of Motor Vehicles.

"Instructor" means an individual who has been certified to conduct a Virginia motorcycle rider safety training course.

"MSF" means Motorcycle Safety Foundation.

"Participant" means a person enrolled in a course in motorcycle rider safety training under the program.

"Program" means the Virginia Motorcycle Rider Safety Training Center Program, as established by § 46.2-1188 et seq. of the Code of Virginia and this chapter.

"Range" means a practice area set aside for the operation of motorcycles as part of the course curriculum and marked or otherwise delineated for that use on a temporary or permanent basis.

"Training center" means any public or private agency, organization, school, partnership, corporation, or individual under contract to DMV to provide motorcycle rider safety training.

24VAC20-50-20. Purpose. (Repealed.)

The following rules and regulations are applicable to all program activities carried out by DMV with funds provided by the Motorcycle Rider Safety Training Program Fund, for the purpose of carrying out the Virginia Motorcycle Rider Safety Training Center Program (herein referred to as "the program").

The rules and regulations set forth herein are intended to provide a general description of the program and are not intended to include all actions involved or required in the administration of contract funds. These rules and regulations may be supplemented by policies or procedures and contract requirements adopted by DMV in respect to the program. These rules and regulations are adopted pursuant to § 46.2-1189 of the Code of Virginia. The effective date of the rules and regulations is June 12, 1985.

24VAC20-50-30. General program description. (Repealed.)

Under the program, DMV will contract with regional motorcycle rider safety training centers. The location of the centers will be in accordance with DMV administrative districts. Training centers will provide courses for beginning or experienced motorcyclists, or both.

Training centers will submit proposals to DMV for approval and award of contract funds. DMV will enter into contracts with training centers whose curricula, facilities, equipment and instructors meet DMV approval, in accordance with the standards outlined in this chapter.

Training centers will submit all reports required by DMV for evaluation. Training centers must resubmit proposals and renegotiate contracts annually. DMV will monitor and evaluate the performance of the training centers, and the effectiveness of the program, in training motorcyclists and in reducing motorcycle death, injury, and property damage accidents.

24VAC20-50-40. Procedures for approval of training centers. (Repealed.)

A. Eligibility of training centers. Any public or private agency, organization, school, partnership, corporation or individual that meets all program rules and regulations and contract requirements shall be eligible for participation in the program.

B. Distribution of training centers. Training centers shall be distributed throughout the Commonwealth. DMV shall determine the number of training centers that shall be approved for operation and contracted within each DMV administrative district.

C. Approval process. Applicants for training center approval shall submit a proposal to the DMV Commissioner in response to the request for proposal and the requirements outlined in these rules and regulations.

Proposals for training center approval shall include but not necessarily be limited to:

1. The address and detailed description of the facility or facilities where the course shall be conducted; including criteria outlined in 24VAC20-50-60 and in the request for proposal;

2. The name, address, and telephone number of the individual who is authorized to obligate the training center;

3. The name, address, and telephone number of the administrator or the individual who is involved in the daily operation of the course, or both;

4. The names, addresses, and social security numbers of the administrator, instructors, range aides and all other individuals who are likely to receive payment under the contract;

5. A planned course schedule including course type, dates, and hours of course conduct;

6. The projected number of students to be trained in the program during the calendar year;

7. Detailed specifications of the curricula intended for use, if other than the MSF Motorcycle Rider Course and the MSF Better Biking Program;

8. A planned course budget to include all estimated costs for course operation: administration, instructors' salaries; insurance; advertising; purchase of text books, equipment and materials; and other course related expenses;

9. Estimated course fees charged to participants;

10. Verification of adequate insurance coverage to protect both the Commonwealth and the training center and all instructors, aides and participants in any course conducted under the program. The training center shall carry at least the minimum insurance coverage specified in the contract;

11. Verification of a sufficient number of training motorcycles for beginning rider courses;

12. Verification that the designated classroom or classrooms, range or ranges, and motorcycle and equipment storage area or areas are available for all training courses and that they comply with all necessary zoning, health, and safety codes;

13. Copies of all forms used in the program: participant registration; course recordkeeping; and any other forms used; and

14. A statement as to the ability and willingness to meet all requirements set forth in the rules and regulations and in the contract.

D. Contract award. Upon review and acceptance of the proposal, DMV shall enter into a contract with the approved training center. Approval shall be valid for the period specified in the contract. Approved training centers shall resubmit proposals and renegotiate contracts each year.

E. Contract funds. Approved training centers are eligible to receive program funds for course operation. Costs eligible for reimbursement, method of payment, and required documentation shall be specified by DMV in the contract.

F. Advisory board. The commissioner, at his discretion, may create an advisory board of individuals experienced in the field of motorcycle safety and education. Issues related to technical and educational aspects may be referred to the board for advice. The board may assist in reviewing regulations, curricula, promotional materials, as well as any other materials and requirements under the program. Members of the advisory board shall serve without compensation but shall be reimbursed for necessary expenses.

24VAC20-50-50. Curricula requirements and approval. (Repealed.)

A. Beginning rider course. The curriculum used to train potential and novice riders shall be the most current version of the Motorcycle Rider Course (MRC) developed by the MSF, or DMV-approved equivalent. Each participant enrolled in a beginning rider training course shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current MRC curriculum guidelines.

1. All beginning rider courses shall include a module on the effects of alcohol and other drugs on motorcycle operation, and a thorough review of Virginia laws and rules of the road applicable to motorcycles.

2. All beginning rider course participants shall be provided one copy of the MRC textbook and one copy of the Virginia Motorcycle Operator Manual.

3. During the on-cycle instruction no more than six students may be under the supervision of any one instructor at any one time. No more than 12 students may operate motorcycles on the same range at the same time.

B. Experienced rider training. The curriculum used to train experienced riders shall be the most current version of the Better Biking Program (BBP) developed by the MSF, or DMV-approved equivalent. Each participant enrolled in an experienced rider course shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current BBP curriculum.

1. All experienced rider courses shall include a module on the effects of alcohol and other drugs on motorcycle operation, and a thorough review of Virginia laws and rules of the road applicable to motorcycles.

2. During on-cycle instruction no more than 10 students may be under the supervision of any one instructor at any one time, and no more than 15 students may operate motorcycles on the same range at the same time.

C. Curricula approval. Training centers shall submit to DMV in writing any changes, additions and deletions to approved curricula, prior to use. DMV shall review and approve any variance to curriculum and criteria outlined in subsections A and B of this section.

D. Protective riding gear. All course participants shall be required to wear the following protective gear during on-cycle instruction:

1. A motorcycle helmet that meets U.S. Department of Transportation Safety standards;

2. Eye protection (a face shield is recommended);

3. A pair of boots or shoes that cover and protect the ankles and feet; boots or shoes should have a heel;

4. A long sleeved jacket or long sleeved shirt and long pants of denim or material of equivalent durability; and

5. A pair of gloves of leather or other material with resistance to abrasion.

24VAC20-50-60. Facilities and equipment requirements and approval. (Repealed.)

A. Facilities and equipment approval. DMV, or an authorized agent of DMV, may inspect each training center's facilities and equipment prior to entering into a contract.

B. Facilities and equipment requirements. A training center shall possess or have access to the use of all classroom, range, storage facilities, and equipment as specified in the contract. Recommended standards and guidelines for facilities and equipment shall be specified in the contract. A training center's facilities and equipment shall include, but not be limited to:

1. A classroom for the presentation of the off-cycle instructional portion of the beginning and experienced rider courses;

2. A paved range area for the on-cycle portion of the beginning and experienced rider courses;

3. Adequate storage to protect motorcycles and equipment from vandalism, theft, and environmental damage; and

4. Audio-visual equipment.

C. Training motorcycles and maintenance.

1. Beginning rider course. The training center shall be responsible for procuring and providing one motorcycle, not to exceed 350cc, for each participant taking part in the largest on-cycle session of the beginning rider course. A minimum of six motorcycles is required per training center.

The training center shall be responsible for the normal maintenance and repair of all motorcycles, as specified in the dealer loan agreement.

2. Experienced rider course. Each participant in the experienced rider course shall provide a motorcycle for use in the course. All motorcycles must past the instructors' safety inspection.

24VAC20-50-70. Instructor qualifications and certification. (Repealed.)

A. Training centers shall only employ motorcycle safety instructors who meet the following minimum qualifications:

1. Possess a current, valid license endorsed for motorcycle operation, that is neither suspended, revoked, cancelled, nor under probation;

2. Possess valid MSF instructor certification or DMV-approved equivalent;

3. Possess the ability to demonstrate successfully all of the riding skills and exercises used in the curriculum;

4. Comply with other DMV requirements specified in the contract.

B. Instructor certification. Training centers must ensure that instructors maintain the minimum qualifications and meet current MSF and DMV standards for certification.

C. Instructor approval revocation. DMV, at its discretion, may review any instructors' or instructor applicants' driving record, and may withdraw the approval for any instructor to participate in the program, at any time.

24VAC20-50-80. Administrative and reporting requirements. (Repealed.)

A. Reporting requirements. Training centers shall provide all reports to DMV as required.

The training center shall provide the following information on each course, within 10 working days of course completion, on forms provided by DMV:

1. The type of course and date of completion;

2. The name and certification number of each instructor;

3. The name, address, social security number of driver, license number, and date of birth of all participants enrolled in each course;

4. The course completion status of each participant (e.g., pass, fail, or drop);

5. A copy of each participant waiver form;

6. The original course evaluation form completed by students; and

7. Other information required by DMV, as specified in the contract.

B. Certification of course completion. The training center shall issue a DMV-approved certificate of completion to each participant who successfully completes a course in the program.

C. Enrollment eligibility. Training centers shall be responsible for verifying that all participants are eligible for enrollment in a course under the program, under the following guidelines:

1. Beginning rider course. Persons enrolling in a beginning rider course must meet the following requirements:

a. Attainment of at least 15 years and eight months of age;

b. Written parental or guardian permission if under the age of 18 years of age; and

c. Physical ability to balance and operate a motorcycle.

2. Experienced rider course. Persons enrolling in an experienced rider course must meet the following requirements:

a. Possess a current, valid license endorsed for motorcycle operation;

b. Written parental or guardian permission if under the age of 18;

c. A street legal motorcycle to be used in the course; and

d. Proof of ownership of said motorcycle or its owner's written permission to use said motorcycle.

D. Recordkeeping. Training centers shall establish and maintain records of course administration, including the information outlined in subsection A of this section, for a three-year period following the course completion.

DMV reserves the right to audit course records, and to monitor and evaluate any and all aspects of a training center's operation. In general, the training centers will be notified in advance of DMV visits.