reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.12 - General Program Owner Responsibilities

Current through Rules and Regulations filed through June 27, 2024
In addition to meeting all other Program requirements, every
				  Program Owner is responsible for the following:
(a) Providing services for the Assessment and
				Intervention Components of the Program;
(b) The actions of all Program employees,
				volunteers, agents, representatives, and Instructors carried out within the
				scope of employment;
(c)
				Maintaining for every Director, Instructor, employee, volunteer, agent, or
				representative a personnel folder containing their job application, signed
				statements required by these rules, and, if applicable, a copy of each
				Instructor's current Certification;
(d) Ensuring that Students or Offenders know
				where and how to obtain information about local alcohol/drug treatment
				resources and self-help support groups;
(e) Ensuring Students or Offenders know where
				and how to obtain information about clinical evaluators certified by the DUI
				Intervention Program at the Department of Behavioral Health and Developmental
				Disabilities;
(f) Training all
				Program employees, volunteers, agents, or representatives who have contact with
				Students or Offenders to provide accurate information regarding the Program and
				to maintain Student confidentiality;
(g) Participating in Program evaluations and
				research projects, as directed by the Department;
(h) Prohibiting the solicitation of Students
				or Offenders for insurance, legal services, bail bonds, specific clinical
				evaluators or treatment providers, ignition interlock providers, or any other
				product or service;
(i) Ensuring
				the quality of instruction and delivery of the Program in a professional manner
				conducive to learning;
(j) Ensuring
				that each Student receives a new and unused copy of the required student
				workbook; and,
(k) Ensuring that a
				certificate of completion is immediately issued to each Student who
				successfully completes all Program requirements.
O.C.G.A. §§
										40-5-82 and
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.15 - Intervention Component

Current through Rules and Regulations filed through June 27, 2024
(1) Programs shall only use the Intervention
				Component designated by the Department.
(2) An Intervention Component contract
				between the Program and Student or Offender must be executed before the
				Intervention Component can be administered.
(3) The Intervention Component shall only be
				taught by certified Instructors.
(4) The Intervention Component shall be
				conducted in accordance with the following requirements:
(a) Programs shall schedule the Intervention
				Component so that all Sessions are completed within four (4) weeks, with no
				more than two (2) Sessions scheduled in a single day.
(b) Intervention Component course delivery,
				content, and sequence of instruction shall be in accordance with the Department
				designated Instructor's manual.
(c)
				The Intervention Component shall have a minimum of five (5) paid contracts for
				Students planning to attend the scheduled course dates and can have no more
				than the maximum allowed by the Program's Certification, up to a maximum of
				forty (40) Students.
(d)
				Intervention Component courses may be instructed, canceled, or rescheduled at
				the discretion of the Owner if fewer than five (5) Students appear for the
				first Session.
(e) No Students from
				one Intervention Component course may be combined with Students from another
				Intervention Component course to complete Sessions of a course. However, a
				Student · with an excused absence may attend an Intervention Component course
				other than the one he or she started for the purpose of completing missed
				Sessions. An absence is considered excused if the Student is called for
				military duty has a personal medical emergency or a medical emergency involving
				an immediate family member, or there is a death in the Student's immediate
				family. Other absences may be excused at the Program Owner's
				discretion.
(f) All Students shall
				be required to attend the Intervention Component for the entire twenty (20)
				hours, and no Student may be admitted late or dismissed early from any
				Session;
(g) Intervention Component
				classes shall be held in accordance with the course schedule on file with the
				Department. Schedule amendments shall be submitted to the Department at least
				five (5) business days prior to the beginning of any impacted class.
(h) A class roll following a format
				prescribed by the Department shall be signed by each Student and Instructor at
				the beginning of each Session;
(i)
				Illiterate and/or disabled Students and Offenders shall be reasonably
				accommodated.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.16 - Program Records

Current through Rules and Regulations filed through June 27, 2024
(1)
Confidentiality
. Program
				records shall be maintained in accordance with the confidentiality provisions
				of 375-5-6-.24.
(2)
Required records
. Each
				Program shall maintain and make available and accessible for inspection and
				copying by the Department the following records for the periods set forth
				below:
(a)
Assessment Roster
				Files.
1. Assessment Roster Files shall
				be retained for a period of twenty-four (24) months.
2. Assessment Roster Files shall contain the
				monthly assessment rosters and copies of rebate checks.
3. Assessment Roster Files shall be organized
				chronologically by month and calendar year.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.17 - Program Name

Current through Rules and Regulations filed through June 27, 2024
No Program may use the word "state" in any part of its name
				  or suggest that it is owned, operated, or endorsed by the state. A Program may
				  not use as its adopted business name "A DUI Alcohol or Drug Use Risk Reduction
				  Program" or "Risk Reduction Program" or any other generic reference to the
				  Program without additional modifiers in the name.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.18 - DUI Alcohol or Drug Use Risk Reduction Program Location and Facilities

Current through Rules and Regulations filed through June 27, 2024
(1) Programs shall only operate in locations
				that have been certified by the Department.
(2) Programs shall only hold courses in
				classrooms that have been certified by the Department.
(3) No program applying for certification
				shall share the same entrance with, or be immediately adjacent to, a facility
				where alcoholic beverages are sold or distributed.
(4) No program office or classroom shall be
				located within a retail business establishment or a private
				residence.
(5) Except as provided
				in subsection (17) below, program offices and classrooms shall be located on
				the same premises.
(6) All program
				facilities shall include the following:
(a)
				Clean working restrooms;
(b)
				Blinds, shades or curtains for windows or glass doors for student
				privacy;
(c) Adequate lighting,
				heating and air conditioning;
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.19 - Program Hours of Operation

Current through Rules and Regulations filed through June 27, 2024
(1) Each Program shall maintain business
				hours of at least fifteen (15) hours per week.
(2) Each Program shall notify the Department
				of its business hours upon application for Certification.
(3) Each Program shall report any deviations
				from the Program's set bus iness to the Department, in writing, at least
				forty-eight (48) hours in advance, except in cases of emergency.
(4) Program staff shall be available during
				business hours to answer the telephone, furnish information about the Program's
				operation, verify services provided, and to produce records and documentation
				requested by the Department.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.20 - Change of Program Location

Current through Rules and Regulations filed through June 27, 2024
(1) Each Program Owner shall notify the
				Department in writing at least thirty (30) days prior to any change in the
				Program location.
(2) No change of
				Program location shall be approved by the Department without a site inspection
				of the new premises.
(3) No Program
				shall operate in any new location until Certification has been granted by the
				Department.
(4) At least thirty
				(30) days prior to a change in location approved by the Department, all
				Students who have been assessed within one year prior to the move who have not
				started or completed the Program shall be notified, in writing, of the Program
				relocation.
(5) If a Program
				relocates ten (10) or more miles from its original location, the Assessment
				components completed by Students within one (1) year prior to the move that
				have not started or completed the Program shall be transferred to another
				Program of the Student's choice at no charge. Students may cancel their
				Intervention component contracts with a Program that is relocating; and they
				shall receive a full refund upon such cancellation.
(6) Upon applying to the Department for a
				change of location, the Program shall post a notice of its request to move the
				Program. Such notice shall be clearly displayed at the Program location. The
				proposed new location shall be specified in the notice with complete address
				and mileage distance from the present location. The notice shall also inform
				Students of their right to transfer to another Program, and to cancel their
				Intervention component contract with the Program and receive a full
				refund.
(7) Any Program that has
				applied for a change of location shall provide written notice of its
				application to any prospective Student or Offender prior to executing an
				Assessment Component or Intervention Component contract.
(8) No Program relocation shall cause any
				Student to have Sessions of an intervention course in more than one location,
				except in cases of emergency. Programs shall report emergency relocations to
				the Department within five (5) business days.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.21 - Program Closure

Current through Rules and Regulations filed through June 27, 2024
(1)Any Program that intends to permanently
				cease operations shall notify the Department, in writing, at least thirty (30)
				days prior to such date. The notification to the Department shall include the
				Program's closing date.
(2) Any
				Program that intends to permanently cease operations shall post a notice of its
				intent to close in a conspicuous area at the Program location, at least thirty
				(30) days prior to such date. The notice shall include the Program's date of
				closure, as well as advise Students and Offenders that have completed an
				Assessment Component within the previous year, but have yet to begin the
				Intervention Component, of their right to cancel their Intervention component
				contract with the Program, receive a full refund, and have their Assessment
				Component results transferred to a different Program of their choice free of
				charge.
(3) Any Program that
				intends to permanently cease operations, within five (5) business days
				immediately following notification to the Department, shall notify all Students
				or Offenders who have completed an Assessment Component with their Program
				during the previous year, but have not started or completed the Intervention
				Component, of the closure, in writing. The notification to Students and
				Offenders shall include the Program's date of closure, as well as inform these
				Students and Offenders of their right to cancel their Intervention component
				contract with the Program, receive a full refund, and have their Assessment
				Component results transferred to another Program of their choice free of
				charge.
(4) Any Program that
				intends to cease operations shall provide written notice of its intent to close
				to all prospective Student or Offender prior to executing an Assessment
				Component or Intervention Component contract.
(5) Any Program that permanently ceases
				operations shall, within three (3) business days following the date of closure,
				relinquish the following materials to the Department:
(a) The official Program
				Certification;
(b) All unused
				certificates of completion and replacement certificates of
				completion;
(c) All Program
				Records, including assessment results, of Students who were assessed at the
				closed Program within the last year, but who did not complete the Intervention
				Component at that Program;
(d) A
				sample copy of the letter the above Students received notifying them of the
				closure of the Program;
(e) The
				Program card files or a printout of the computer card files for the past five
				calendar years; and
(f) Any other
				Program records designated by the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.22 - Student Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Each Program and Student or Offender
				shall enter into a written contract for both the Assessment Component and
				Intervention Component.
(2) The
				original Assessment Component and Intervention Component contracts shall be
				maintained by the Program for a period of five (5) years from the date of
				execution.
(3) All Assessment
				Component and Intervention Component contracts shall be pre-numbered, shall
				follow a format prescribed by the Department, and shall contain all information
				and provisions required by the Department.
(4) A copy of a completed Assessment
				Component and Intervention Component contract between the Program and Student
				or Offender shall be furnished to the Student or Offender prior to the delivery
				of any service.
O.C.G.A.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.24 - Confidentiality of Records

Current through Rules and Regulations filed through June 27, 2024
All Program records that identify any Student or Offender by
				  name or inference shall be maintained as confidential and shall not be released
				  to any person, other than the Department, without the written consent of the
				  Student/Offender or upon court order.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.25 - Program Advertising and Solicitation

Current through Rules and Regulations filed through June 27, 2024
(1) Except as provided in subsection (3)
				below, a Program must be certified by the Department in order to advertise in
				any manner.
(2) Program
				advertisement shall contain the Program's approved certified name and
				certification number.
(3) An
				Applicant for Program Owner, upon submitting a completed application to and
				obtaining written authorization from the Department, may advertise in
				accordance with this chapter if there is a reasonable expectation that the
				Program will be certified.
(4) No
				Program shall advertise in any manner that is false or misleading. No Program
				advertisement shall make any false or misleading claim, including but not
				limited to, statements suggesting or implying that the Program is affiliated
				with or endorsed by the Department or any other governmental entity, that
				reinstatement of a driver's license is guaranteed to Students or Offenders
				enrolling in a particular Program, or that free or reduced fees will be given
				to any Student or Offender;
(5) No
				Program shall use the logo of the Department, any logo or symbol of any other
				governmental entity, or the seal of the State of Georgia in any advertising or
				on any Program stationary or correspondence; and
(6) No Program Owner, Director, Instructor,
				employee, or agent shall directly or indirectly solicit business by personal
				solicitation on public property, by phone or by mail.
(7) Violations of this regulationmay result
				in the Revocation of Program Certification. Additionally, the Department may
				impose civil penalties and/or pursue criminal charges.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.26 - Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Fees charged to
				Students by Programs for any Program component shall be in strict accordance
				with O.C.G.A. §
									40-5-83(e).
(2) An additional fee shall be set by the
				Department for required Student Program materials. This fee shall be charged by
				each Program and is not optional, unless specifically exempted by
				law.
(3) No Program Owner,
				Director, Instructor, employee, volunteer, agent, or representative may offer
				any Program component free of charge or charge a reduced or inflated fee for
				any Program component or required Student Program materials.
(4) Fees for the Assessment Component shall
				be paid prior to administering the Assessment Component; and fees for the
				Intervention Component shall be paid prior to the scheduled class beginning
				time.
(5) No Program Owner,
				Director, Instructor, employee, volunteer, agent, or representative shall
				withhold, or allow the withholding of a certificate of completion from any
				Student who successfully completes all Program requirements because of
				non-payment of course fees.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.27 - Assessment Fees

Current through Rules and Regulations filed through June 27, 2024
Each Program shall remit the statutorily required portion of
				  the assessment fees to the Department, in the manner prescribed by the
				  Department, as required by law.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.28 - Inspection, Investigations, and Program Monitoring

Current through Rules and Regulations filed through June 27, 2024
(1) The Department is authorized to inspect,
				monitor, and investigate Programs to determine compliance with the Rules and
				Regulations of the Department.
(2)
				Program Owners, Directors, Instructors, staff, employees, representatives, and
				any agents thereof, shall cooperate with any inspection or investigation by the
				Department and shall provide, without delay, any information reasonably
				requested by the Department.
(3)
				Programs shall be notified of deficiencies in writing and advised of the target
				deadline for remediation thereof.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.29 - Enforcement of Program Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) The Department shall have the authority
				to deny, cancel, suspend, or revoke the Certification of any Program or Program
				Owner, Director, or Instructor for noncompliance with the Rules and Regulations
				of the Department; or assess administrative fines against any Program for
				noncompliance with the Rules and Regulations of the Department.
(2)
Choice of Revocation or Suspension.
The Department, in its discretion, may choose whether to impose
				Suspension or Revocation against a Program or Instructor. In considering which
				to impose, the Department may consider the Program or Program Owner, Director,
				or Instructor's history of compliance; the seriousness of the violations;
				whether the Program or Program Owner, Director, or Instructor voluntarily
				reported to the Department problems giving rise to any violation; and whether
				the Program or Program Owner, Director, or Instructor exhibited good faith
				efforts to correct areas of noncompliance prior or subsequent to their
				discovery by the Department.
(3)
Administrative fines.
The Department has the authority to assess
				an administrative fine, not to exceed $1,000.00 per violation, against any
				Program or Program Owner, Director, or Instructor that fails to comply with any
				Program requirement. In determining the amount of the fine, the Department may
				consider the seriousness of the violation, whether the same or any other Rule
				or Regulation has been violated previously by the same Program or Program
				Owner, Director, or Instructor, and whether procedures designated to prevent
				the violation were in place and were followed.
(4)
Effectuation of Suspension or
				Revocation.
Any Program whose Certification is canceled, suspended, or
				revoked by the Department shallreturn its Certification and unused certificates
				of completion to the Department within five (5) business immediately following
				such event.
O.C.G.A. Secs.
				  40-5-83,
				  40-5-88,
				  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.30 - Alternative Resources for Background Investigations

Current through Rules and Regulations filed through June 27, 2024
In the event the Department is unable to obtain classifiable
				  electronically recorded fingerprints from an applicant for reasons that are
				  beyond the applicant's control, the Department may conduct a background
				  investigation of such applicant utilizing the CJIS Name Search procedures
				  authorized by the Federal Bureau of Investigations and the Georgia Bureau of
				  Investigations.
O.C.G.A. §
										40-16-5.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.31 - Pending Charges Against Owners and Instructors

Current through Rules and Regulations filed through June 27, 2024
(1) If at the time of application the
				applicant is charged with any offense that a conviction for which would result
				in said applicant's ineligibility for certification, consideration of the
				application shall be suspended until entry of a plea or verdict or dismissal of
				said charge.
(2) If after the
				issuance of a permit a person is charged any offense that a conviction for
				which would result in said applicant's ineligibility for certification, the
				permit may be suspended pending disposition of such charge. If the person is
				convicted of such charge, the permit shall be revoked.
§
										40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.32 - DUI Gratuities

Current through Rules and Regulations filed through June 27, 2024
(1) The following items are prohibited from
				being advertised or offered by an owner, agent, representative, instructor, or
				employee to any student or prospective student: legal tender, meals including
				beverages, gift cards, transportation, products or services for free or at a
				discounted price, or anything of monetary value not deemed to be a customer
				service exclusion. Customer service exclusions are limited to ink pens,
				pencils, water, coffee, candy, and Wi-Fi (wireless internet
				connection).
(2) A first violation
				shall result in an administrative fine of $300. A second or subsequent
				violation shall result in a 30-day suspension. A violation of 40-5-81(d) is a
				crime punishable as a misdemeanor. Each person convicted of a second offense
				shall have his or her certification revoked.
O.C.G.A. §§
										40-16-2,
				  40-16-3,
				  40-5-4,
				  40-5-81.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-6 - REGULATION OF VEHICLES › Subject 375-6-1 › Rule 375-6-1-.09

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-8-74,
				  40-8-111,
				  40-8-220.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-6 - REGULATION OF VEHICLES › Subject 375-6-2 › Rule 375-6-2-.01

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
										40-5-2,
				  50-18-72.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-6 - REGULATION OF VEHICLES › Subject 375-6-2 › Rule 375-6-2-.02

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
										40-6-273,
				  40-6-278,
				  40-9-30.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Motorcycle Safety Program shall be administered by the
				  Director of the Regulatory Compliance Division of the Department of Driver
				  Services and is composed of a program administrator and such additional staff
				  as the Commissioner deems necessary for the efficient operation of the
				  Program.
O.C.G.A. §§
											40-5-4,
				  40-5-101,
				  40-15-3,
				  40-16-1,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.02 - Motorcycle Safety Program - Scope

Current through Rules and Regulations filed through June 27, 2024
(1) The purpose of this Chapter is to
				establish minimal requirements for the Motorcycle Safety Program, thus
				improving the safety of motorcyclists through rider education and training and
				a comprehensive public awareness effort that will ultimately benefit all
				highway users.
(2) The scope of
				this Chapter is to include all persons and organizations involved in motorcycle
				rider training and education within the State.
(3) The provisions of Chapter 13 of Title 43,
				and the rules and regulations of the Department of Driver Services governing
				driver training schools, apply to all persons other than employees and sponsors
				of the Department of Driver Services providing training to
				motorcyclists.
O.C.G.A. §
											40-15-3.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.04 - Motorcycle Safety Program - Advisory Committee Standards

Current through Rules and Regulations filed through June 27, 2024
(1) The Advisory Committee shall be composed
				of seven (7) members, at least three (3) of whom shall be active motorcycle
				riders possessing a valid Class M Georgia driver's license.
(2) The Committee shall serve in an advisory
				capacity and assist in the development, implementation, monitoring, and
				evaluation of the Motorcycle Safety Program. The Committee shall make
				recommendations as to the criteria for certification of Instructors,
				certification of program sponsors, course content and curricula, approval of
				course completion requirements, and provide advice as to the issuance of rules
				and regulations governing the Motorcycle Safety Program.
(3) The members of the Committee shall be
				recommended by the Program Administrator, approved by the Commissioner, and
				appointed by the Division Director for Regulatory Compliance.
(4) Appointees to the Committee shall
				include:
(a) A motorcycle dealer licensed in
				Georgia, a representative of a motorcycle manufacturer, or a representative of
				a dealer or manufacturer association or similar group within Georgia;
(b) A peace officer holding valid
				certification from the Georgia Peace Officer Standards and Training Council and
				a valid Class M Georgia driver's license who is active in highway
				safety;
(c) An educator currently
				employed by a recognized school district or educational institution in
				Georgia;
(d) A public member who
				shall be a member of the general, non-motorcycling public who has legal
				residence in Georgia;
(e) An active
				Georgia motorcyclist with a Class M License;
(f) An incumbent officer of a non-profit
				motorcycle organization that actively supports and promotes motorcycle rider
				education and safety; and
(g) The
				Program Administrator, whom also shall chair the committee.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.05 - Motorcycle Safety Program - Coach Trainer Qualifications

Current through Rules and Regulations filed through June 27, 2024
(1) Coach Trainers shall meet the following
				minimum qualifications:
(a) Maintain all
				qualifications that pertain to Coaches;
(b) successfully complete an approved Coach
				Trainer course;
(c) be available to
				conduct Coach Preparation courses, technical functions, teach both approved
				courses, and maintain certification;
(d) have an acceptable conclusion to the
				results obtained by the Department's standard background check, and;
(e) maintain a satisfactory driving
				record.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.06 - Motorcycle Safety Program - Coach Qualifications

Current through Rules and Regulations filed through June 27, 2024
(1) All Coaches shall meet the following
				minimum qualifications:
(a) Be at least
				twenty-one (21) years of age;
(b)
				Possess a high school diploma or equivalent GED;
(c) Successfully complete a Department
				background check commensurate to the requirements found in O.C.G.A. §
										43-13-5;
(d) Successfully complete an approved Coach
				Preparation course;
(e) Agree to
				teach only approved courses;
(f)
				Maintain Coach certification;
(g)
				Enroll in and complete approved Coach refresher courses, updates, professional
				development workshops, and conferences when offered;
(h) Always wear proper protective riding
				apparel when riding which consists of: a DOT-approved helmet, eye protection
				(face shield or goggles), gloves (no fingerless), boots (over-the-ankle
				footwear; not cloth or canvas), long-sleeved shirt or jacket and long
				non-flared pants (made of denim or equivalent abrasive resistant
				materials).
(i) Have and maintain a
				satisfactory criminal history and driving history.
(j) Currently operate a motorcycle and
				possess a valid Georgia Class M License;
(k) Agree to teach only approved training
				courses in conformance with the most current curricula guidelines as per the
Rider Coach
Certification Manual;
(l) Keep up to date on current motorcycle
				safety instruction and information;
(m) Maintain teaching skills by teaching a
				minimum number of courses each year as per the
Rider Coach
Certification Manual;
(n) Keep the
				Motorcycle Safety Program informed of any address changes and return all Coach
				surveys and inquiries promptly;
(o)
				Exhibit professional conduct and appearance that would be an example for all
				motorcyclists to respect, admire, and emulate; and
(p) Provide express authorization for the
				release of a driving record at any time deemed necessary by the Program
				Administrator.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.07 - Motorcycle Safety Program - Certified Private Sponsor Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All Sponsors shall meet the following
				minimum requirements:
(a) any individual or
				organization seeking approval to teach or offer instruction in motorcycle rider
				education and training on behalf of the Department shall make application at
				least thirty (30) days prior to course offering and shall not commence the
				course until receiving certification;
(b) sponsor certification will expire two (2)
				years from the date of issuance;
(c) sponsor must apply for recertification
				within ninety (90) days of expiration date of certification period;
(d) only Motorcycle Safety Program-certified
				Coach Trainers and Coaches will be used to conduct motorcycle rider education
				and training courses;
(e) use only
				approved curricula in accordance with the
Rider Coach
Certification Manual and/or Sponsor Program Certification Manual;
(f) maintain accurate records of student
				participation and incident reports, and make same available for inspection at
				all times;
(g) make sure that all
				students, Coaches, and training motorcycles are covered by insurance during all
				training sessions;
(h) submit all
				required documentation as set out in the Sponsor Program Certification
				Manual;
(i) shall designate an
				individual as site manager or site administrator who shall be responsible for,
				but not limited to: ensuring all persons enrolling meet eligibility
				requirements and are properly registered; recordkeeping; managing site;
				reporting, supervising all instructional personnel and overseeing the operation
				of the program;
(j) monitoring will
				be conducted by Program Administrator and other persons authorized by the
				Motorcycle Safety Program to make audits and visits; and
(k) Coach and student course evaluations will
				be provided and submitted after each course to the Motorcycle Safety Program
				without alteration or abridgement.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				  40-15-3.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.09 - Motorcycle Safety Program - Acceptance of Documentation from Equivalent Military Programs

Current through Rules and Regulations filed through June 27, 2024
Any current or former military service member or dependent
				  thereof who presents documentation of completion of motorcycle training, taken
				  within five (5) years of applying for a military waiver and offered by the
				  United States Department of Defense or a branch of the United States military
				  during such military service that is equivalent to the training offered the
				  Basic Rider Course or the Basic Rider II Course, shall be eligible for issuance
				  of a Class M driver's license without being subject to a knowledge test or
				  skills testing as if he or she had completed a class offered by the Georgia
				  Motorcycle Safety Program.
O.C.G.A. §§
											40-5-4,
				  40-5-28.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.10 - Motorcycle Safety Program - Coach Preparation Course

Current through Rules and Regulations filed through June 27, 2024
(1) All Coach Preparation courses shall be
				conducted by the Program Administrator, designated Motorcycle Safety Program
				Staff, or an approved, qualified contractor.
(2) All training sites will be responsible
				for Coach candidate selection subject to approval of the Program
				Administrator.
O.C.G.A. §
											40-15-3.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.11 - Motorcycle Safety Program - Minimum Student Enrollment Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All students
				must be registered and meet the following minimum requirements:
(a) complete student registration
				form;
(b) complete release, waiver,
				and indemnification form;
(c) be at
				least sixteen (16) years of age;
(d) obtain parental/guardian permission if
				under eighteen (18) years of age;
(e) make payment of student registration
				fee;
(f) be a legal resident of
				Georgia, as defined in O.C.G.A. §
										40-5-1(15); a
				nonresident on active duty in the Armed Forces stationed in Georgia, or such
				person's spouse or children; a nonresident student at a college, university, or
				school in Georgia, or such person's spouse or children; and
(g) possess at least a Georgia Motorcycle
				Learner's Permit, or a valid Class C driver's license (or out-of-state
				equivalent), or a Class M license/endorsement.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.12 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				  40-15-3.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.13 - Motorcycle Safety Program - Course Fees and Charges

Current through Rules and Regulations filed through June 27, 2024
(1) All fees and charges are non-refundable
				with the following exceptions:
(a) the course
				is full (fee can be applied towards a future class if student
				desires);
(b) the course is
				cancelled; or
(c) the registrant
				gives notice of withdrawal fourteen (14) calendar days prior to the start of
				the course.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.14 - Motorcycle Safety Program - Curricula and Delivery Standards

Current through Rules and Regulations filed through June 27, 2024
(1) Only certified
				Coach Trainers and Coaches can teach in approved programs.
(2) Training may be conducted in any calendar
				year.
(3) Only certified Coaches
				can issue a license waiver to those students they have personally
				trained.
(4) Each student enrolled
				in a license waiver Basic
Rider Course
2 (BRC2) shall be
				required to use their own personal motorcycle for on-cycle instruction (subject
				to passing safety inspection prior to course beginning).
(5) No motorcycle with a defect which could
				impair handling or control will be permitted into training programs or
				courses.
(6) Off-road motorcycles
				or extensively modified "choppers" (handlebars more than fifteen (15) inches
				above seat, rake exceeding thirty-seven (37) degrees and trail exceeding eight
				(8) inches) will not be permitted into training program or courses.
(7) Students and instructional personnel will
				be required to wear all protective riding apparel during any and all on-cycle
				training.
(8) Minimal instruction
				for the basic license waiver course will commence in proper sequence and in
				accordance with the current
Rider Coach
Certification Manual,
				Sponsor Program Certification Manual, or as directed by the Program
				Administrator.
(9) In order to
				successfully complete a basic license waiver course, students must meet the
				Motorcycle Safety Program standards for passing scores on a knowledge
				evaluation, a riding skills evaluation, and attend all classroom and range
				training sessions.
(10) Minimal
				instruction for the license waiver BRC2 will commence in proper sequence and in
				accordance with the current
Rider Coach
Certification Manual,
				Sponsor Program Certification Manual, or as directed by the Program
				Administrator.
(11) In order to
				successfully complete a license waiver BRC2, students must attend all classroom
				and on-cycle training sessions and obtain a passing score on a knowledge
				evaluation and a riding skills evaluation.
(12) Rates of pay for Coaches shall be
				established annually by each certified Sponsor Program, including the
				Department.
(13) Any deviations of
				established pay scales must be approved by the Program Administrator prior to
				the beginning of any class offerings. In the absence of such approval, sponsors
				shall compensate their instructors in accordance with the requirements of this
				Chapter.
O.C.G.A. §
											40-15-3.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.15 - Motorcycle Safety Program - Public Awareness and Promotion

Current through Rules and Regulations filed through June 27, 2024
(1) The Motorcycle
				Safety Program is authorized to implement a public information program
				publicizing the availability of rider education courses as approved by the
				Commissioner.
(2) This program may
				include, but not be limited to:
(a) direct
				mailings;
(b) paid
				advertisements;
(c) participation
				in trade shows and rallies;
(d)
				public service announcements;
(e)
				presentations;
(f) press releases,
				articles, and other written marketing material; and
(g) printed marketing material such as
				flyers, posters and business cards.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-7 - MOTORCYCLE SAFETY › Subject 375-7-4 - SAFETY PROGRAM › Rule 375-7-4-.16 - Motorcycle Safety Program - Motorcycle Licensing

Current through Rules and Regulations filed through June 27, 2024
(1) Motorcycle license applicants who have
				successfully completed the Department of Driver Services sponsored license
				waiver course will only be required to pass the vision examination, if
				applicable, and submit the appropriate licensing fee in order to receive a
				motorcycle license.
(2) In order to
				successfully complete the license waiver course, students must attend all
				scheduled course sessions and make a passing score on both the knowledge
				evaluation and the riding skills evaluation. Students not obtaining a passing
				score will not be eligible for a license waiver. If the student wants the
				license waiver, they will be required to retake the entire course.
(3) Students successfully completing the
				prescribed Department of Driver Services course will have ninety (90) calendar
				days maximum, from date of course completion, to apply for their
				license.
O.C.G.A. §
											40-5-4.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-8 - INSURANCE › Subject 375-8-1 › Rule 375-8-1-.01

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-2-1,
				  40-2-26,
				  40-2-137,
				  40-5-71,
				  40-6-10.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-8 - INSURANCE › Subject 375-8-1 › Rule 375-8-1-.02

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-2-1,
				  40-2-26,
				  40-2-137,
				  40-5-4,
				  40-5-71,
				  40-6-10.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-8 - INSURANCE › Subject 375-8-1 › Rule 375-8-1-.03

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-2-1,
				  40-2-26,
				  40-2-137,
				  40-5-71,
				  40-6-10.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-8 - INSURANCE › Subject 375-8-1 › Rule 375-8-1-.04

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-2-26,
				  40-2-137,
				  40-5-71,
				  40-6-10.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-8 - INSURANCE › Subject 375-8-1 › Rule 375-8-1-.05

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-2-26,
				  40-6-10.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-8 - INSURANCE › Subject 375-8-1 › Rule 375-8-1-.06

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-2-1,
				  40-2-26,
				  40-2-137,
				  40-5-71,
				  40-6-10.