2 Del. Admin. Code § 2224-4.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2224-4.0 - Certification Criteria for Defensive Driving Course

4.1 The Division may certify courses that meet the following requirements:

4.1.1 The Basic Course must include all material from subsections 6.1.1 to 6.1.17 of this regulation.

4.1.2 The Refresher Course must include all material from subsections 6.1.1 to 6.1.7 and at least seven of the requirements found in subsections 6.1.8 to 6.1.17.

4.1.3 The Teen Basic Course shall include all material required for the Basic Course and, at a minimum, the following:

4.1.3.1 Zero Tolerance Law;

4.1.3.2 Graduated Driver License (GDL);

4.1.3.3 Use of cell phones and other technology while driving;

4.1.3.4 Speed and how it impacts driving performance;

4.1.3.5 Backing of vehicle; and

4.1.3.6 Vehicle distractions, including but not limited to:

4.1.3.6.1 Passengers;

4.1.3.6.2 Radio; and

4.1.3.6.3 Eating.

4.1.4 The Experienced Driver Course shall include all material required for the Basic or Refresher Course and, at a minimum, the following additional information:

4.1.4.1 Health factors and how they may affect driving;

4.1.4.2 Backing of vehicle;

4.1.4.3 Inattentiveness and confusion behind the wheel;

4.1.4.4 Travel time and route selection for optimal driving conditions; and

4.1.4.5 Techniques to gain increased time for decisions such as recognizing hazards:

4.1.4.5.1 Driving in unfamiliar areas;

4.1.4.5.2 Construction zones;

4.1.4.5.3 Dealing with a tailgater; and

4.1.4.5.4 Intersection driving in rural area.

4.1.5 The Division shall have the right to approve a course that is geared to a specific demographic.

4.1.5.1 The course must meet the minimum requirements set forth in subsection 4.1.1 or 4.1.2;

4.1.5.2 The course must contain material specific to the requested demographic;

4.1.5.3 The authority and support for demographic-specific material must be provided at time of application and is subject to review and audit by the Division.

4.2 In order to become a Defensive Driving Provider, an application for certification must be submitted to the Division.

4.2.1 Classroom Course:

4.2.1.1 An application shall include the following:

4.2.1.1.1 A copy of all instructor materials, testing materials, and curriculum utilized for course instruction. Materials include but are not limited to:

4.2.1.1.1.1 Lesson plan;

4.2.1.1.1.2 Instructor manual;

4.2.1.1.1.3 Visual presentation aides; and

4.2.1.1.1.4 All written materials provided to students regarding course instruction.

4.2.1.1.2 Sufficient documentation showing that the locations are in compliance with all state and local business license and zoning regulations, with all federal, state, local health, fire, building code requirements, and provisions of physical access to persons with disabilities to the Division. This shall include, but not be limited to:

4.2.1.1.2.1 A copy of a valid business license and for those entities required to register with the Delaware Division of Corporations a certificate of good standing for the State of Delaware. The name on the license shall match the name advertised on the website and certificate. State of Delaware agencies are exempt from this requirement.

4.2.1.2 Instructional requirements for classroom instruction shall include the following:

4.2.1.2.1 A classroom course may be offered in a virtual setting or environment. This shall be offered on a secure platform where recording can be performed during presentation of material. Attendance shall be confirmed with on screen visual evidence of the student's participation. Recordings of these classes shall be held by the provider for 3 years for purpose of auditing.

4.2.1.2.2 Each student must receive a minimum of six hours of instructional time for the Basic Course and a minimum of three hours of instructional time for the Refresher Course;

4.2.1.2.3 Registration shall be completed prior to beginning of any instruction and shall not be counted as instructional time;

4.2.1.2.4 Each instructional hour shall consist of not less than an average of 50 minutes devoted to the presentation of course curriculum;

4.2.1.2.5 Post instructional quiz or testing shall not be required by the Division. However, if post quiz or testing is provided, it shall:

4.2.1.2.5.1 Not be counted as instructional time;

4.2.1.2.5.2 Include minimum of two questions related to subsection 6.1.1.

4.2.1.3 Providers shall require the following for classroom instruction:

4.2.1.3.1 That certified instructors present information in a manner consistent with the approved curriculum;

4.2.1.3.2 Ensure that certified instructors are present during all periods of instructional time and maintain an atmosphere appropriate for learning;

4.2.1.3.3 Ensure that all material required to be covered by this regulation shall be discussed by the certified instructor; and

4.2.1.3.4 Have the instructor obtain the student's driver license number as part of the student registration prior to permitting the student access to the course materials.

4.2.2 Online Course:

4.2.2.1 Each Application shall include the following:

4.2.2.1.1 All curriculum and testing material used in connection with an online course, including but not limited to all materials available to students regarding an online course, must be submitted in static format for review and approval;

4.2.2.1.2 Free site access to online courses for the Division for purposes of verification of compliance;

4.2.2.1.3 A toll-free telephone line staffed by knowledgeable customer service personnel who can assist with content-based questions, number must be present on the website prior to the course registration page; and

4.2.2.1.4 A copy of a valid business license or corporation in good standing for the State of Delaware, name on the license shall match the name advertised on the website and certificate. State of Delaware agencies are exempt from this requirement.

4.2.2.2 Testing requirements for Online Courses:

4.2.2.2.1 Each provider shall require each student to take a final exam with a minimum of 25 questions, at least two (2) of which must be related to subsection 6.1.1;

4.2.2.2.2 To receive credit for the course, a student must receive a passing score of 80% or better; and

4.2.2.2.3 Individual unit/chapter testing shall not be required by the Division. However, if unit/chapter testing is a curriculum requirement of the provider, it shall:

4.2.2.2.3.1 Not be counted as instructional time; and

4.2.2.2.3.2 Include a minimum of two questions related to subsection 6.1.1.

4.2.2.3 Providers shall obtain the student's driver license number as part of the student registration prior to permitting the student access to the course materials. Each student must complete an online affidavit with a verification that the student is the person who completed the course, is receiving the completion certificate, and understands that making an unsworn falsification is a violation of 11 Del.C. § 1233 of the Delaware Crimes Code, subjecting a violator to fine, imprisonment, or both.

4.2.3 If the course is offered in any language other than English, the provider must have a translation of the course from a certified third-party translator in that particular language. The provider will supply a static copy of the course as it is presented to the student, the English translation of the course, and the accreditation of the company providing the service.

4.2.4 Providers must notify the Division of each student's successful completion of the course in the manner required by the Division. Notification must be made within fourteen days of the course completion.

4.2.5 Providers must utilize and maintain its own proprietary teaching or testing materials or teaching and testing properly obtained by a third party under a written license agreement. The provider of an online course may not submit an original course application for a course previously approved by the Division and owned or licensed to another provider.

4.2.6 Providers must maintain proof that any instructor the provider uses meets the requirements set forth in subsection 5.1 of this regulation. The Division has the right to require this documentation upon request and to audit eligibility requirements at any point.

4.2.7 The Division may provide procedural guidelines and directives through the use of email, bulletins, or letters.

4.2.8 The Division requires a certification fee of $150 for each course at time of application. This fee shall be collected for each approved course. State of Delaware agencies are exempt from this requirement.

4.3 Providers who have submitted material that is deemed not to meet the regulation requirements shall be denied.

4.4 The provider shall:

4.4.1 Provide all students with a copy of the DMV Participant Letter, in a manner approved by the Division;

4.4.2 Provide information on how and when the participant will receive the course completion certificate and how the Division will be notified;

4.4.3 Provide information on benefits upon completion of course, including but not limited to:

4.4.3.1 Provide information on the 10% and 15% premium discounts; and

4.4.3.2 Provide information on how the administrative 3-point credit is applied on the driving record.

4.4.4 Provide statistics not older than 3 years from date of certification if any statistics are cited during the course. Statistics used in this course shall contain the year statistics were compiled;

4.4.5 Supply students who present a valid Delaware driver license or identification card from the Division with a free certificate upon completion of a DDC course. This shall include at a minimum:

4.4.5.1 Full name of student;

4.4.5.2 Date of completion;

4.4.5.3 Name of course provider;

4.4.5.4 Name of course completed; and

4.4.5.5 Provider's authorized signature.

4.5 Course certifications shall expire three (3) years after approval date. Providers shall submit applications for recertification no earlier than six (6) months and no later than 30 days prior to expiration. Applications for recertification received in this time shall be deemed approved until the Division has acted on the application.

4.5.1 The course recertification application shall include all the requirements set forth in subsection 4.2 of this regulation.

4.5.2 In the case the application is not complete or is not received within the time frame in subsection 4.5, certification shall expire on the three-year anniversary date and those courses shall be decertified until such time as approval is granted.

2 Del. Admin. Code § 2224-4.0

20 DE Reg. 125 (8/1/2016)
24 DE Reg. 1016 (5/1/2021) (Final)