Current through September 17, 2024
Section 247-6-003 - APPLICATION AND RENEWAL REQUIREMENTS FOR PROVIDERS003.01General Requirements. Any school, business, or organization which wishes to provide a motorcycle safety course must comply with the following: 003.01A Continually maintain a place of business which includes at least one permanent, regularly occupied structure within the State of Nebraska.003.01B Provide a training site which includes a driving range.003.01C Designate an authorized representative and contact person.003.01D Require all instructors to be certified motorcycle safety instructors or motorcycle safety trainers.003.01E Have one or more certified motorcycle safety instructor(s) present in the classroom or on the driving range with the students at all times during the presentation of the course content, explanations of course materials, administration of test, and riding skills practice.003.02Application for Motorcycle Safety Course Provider Certification. Applications to become a motorcycle safety course provider shall be submitted on a form provided by the Department and shall contain the following information: 003.02AProvider Name. The legal name, address, telephone number of the provider's headquarters in Nebraska, including the name and electronic contact information for the local contact person.003.02BAuthorized Representative. The name, title, work address, telephone number and electronic contact information of the person authorized to act on the provider's behalf with the Department.003.02CLocation of Course. The location of the classes and driving range if different from that of the provider's headquarters.003.02DTime Frame. A general schedule of what and when training will be offered and the frequency with which it will be offered.003.02EMotorcycle Safety Instructors. The names, dates of birth, home address, e-mail address and operator's license numbers for all persons employed or intended to be employed as motorcycle safety instructors. Motorcycle safety instructors must be certified by the Department prior to teaching any motorcycle safety course in this state.003.02FCurriculum. The curriculum as set forth below in section 0045. If the curriculum consists of a learn-to-ride course offered by the Motorcycle Safety Foundation, a copy of the agreement between the provider and the Motorcycle Safety Foundation will be provided with the application.003.02GVehicles. Provider shall certify that if approved, they will supply a motorcycle for each student as required in section 004, below.003.02HInsurance. Proof of $1,000,000 liability insurance coverage for all instructional and business activities. Motorcycles used in student training will be covered by liability insurance in amounts not less than set forth in Neb. Rev. Stat.§ 60-509.003.02ISignature. The application must contain the signature of the authorized representative.003.03Fee. Each application for certification or the renewal of a certification of each motorcycle safety course provider shall be accompanied by a fee of $100.003.04Changes in Status. The provider shall report in writing any of the following to the Department: 003.04AName Change. A change in the provider's authorized contact person or the provider's name, legal status, or address shall be sent to the Department ten days prior to occurrence.003.04BMotorcycle Safety Instructor Change. The provider shall report any change in a motorcycle safety instructor's driving status within ten days of the date of any suspension or revocation of his/her driving privileges. The provider must report a motorcycle safety instructor's conviction, in this or any other state, for a) DUI or any related alcohol or drug offense in connection with a motor vehicle or b) any helmet violation while operating a motorcycle. The provider shall report the addition or termination of motorcycle safety instructors.003.04CLocation Change. If there is any change in the location of the program or driving course, the provider shall notify the Department not less than ten days prior to the change.003.04DInsurance Cancellation or Change. If the provider's insurance is cancelled or altered by the insurer, or if the provider changes insurance carriers, the provider shall notify the Department within ten working days.003.04EProvider Closure. The provider shall notify the Department ten days prior to the date the operation ceases. The provider shall arrange for the retention of program records and shall notify the Department of those arrangements and how the Department's inspectors or auditors may gain access to such records.003.05Renewal of Certification.003.05A A provider's certificate will expire on the second anniversary of its effective date unless renewed.003.05B At least 120 days prior to expiration, the Department will send the Provider's contact person a renewal notice which states: 003.05B1 The date on which the current certificate expires.003.05B2 The date by which the renewal application must be received by the Department for the renewal to be issued and mailed before the certificate expires.003.05B3 The amount of the renewal fee ($100).003.05C All renewal applications must be submitted to the Department not less than 60 days prior to the time the current certification expires. The Department will not be responsible for the timely issuance of any renewal certificates when the application is not received in a timely manner.003.06Denial, Cancellation, Suspension, Revocation or Refusal to Renew Certification. The Department may deny, cancel, suspend, revoke, or refuse to renew a provider's motorcycle safety course certification for good cause, including but not limited to:003.06A Fraud, forgery or misrepresentation on an application;003.06B Use of non-certified motorcycle safety instructors;003.06C Lapse of insurance coverage;003.06D Failure to notify the Department of any changes in status under section 003.04 above;003.06E Failure of an audit by the Department pursuant to section 010 below;003.06F For good cause shown; or003.06G Failure to maintain adequate records and/or failure to allow the department access to those records upon request pursuant to section 009 herein.247 Neb. Admin. Code, ch. 6, § 003
Amended effective 12/27/2022