250 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024

Section 250-3-003 - REQUIREMENTS FOR A DRIVER'S SAFETY TRAINING PROGRAM CERTIFICATION; APPROVAL, DENIAL, CANCELLATION

A provider shall apply to the Department of Motor Vehicles in writing for approval of a driver's safety training program for diversion of minor traffic violations. Failure to provide the required information shall be grounds for denial of the application. The application form for program approval is found as Attachment 1 of these rules and regulations. The application shall contain or be accompanied by all of the following information and documentation:

( Who is a provider who needs to apply for program certification? A provider may be any organization that offers a driver's safety training program. For example, a specific jurisdiction, county or city, may be the provider if that jurisdiction develops and offers its own program. The jurisdiction must then apply for certification of the program offered in that specific jurisdiction. If on the other hand, a jurisdiction, contracts with another organization, commercial, private, or non-profit, that organization is the provider that must apply for certification of the program.)

003.01Curriculum

A written curriculum of driver's safety training designed to educate persons committing minor traffic violations and to deter future violations. The curriculum shall provide for a minimum four hours of instruction time, not including breaks. This subsection shall be effective as provided in Neb. Rev. Stat. § 84-906. Any provider may elect to retain a currently certified eight-hour course until the next certification renewal. After the effective date of this regulation, any provider with a certified eight-hour program in any jurisdiction may elect to provide four-hour classes instead of eight-hour classes but shall provide the Department with documentation verifying that the city or county attorney and the applicable governing body of a city or county board have been notified of the change to a four-hour class. Such verification must be provided to the Department not less than five working days before the four-hour class begins. The curriculum shall contain instruction including, but not limited to, the following elements:

003.01A General driver attitude improvement;

003.01B Education on alcohol and drugs and relationship and effect of alcohol or drug

use to impaired driving and driving under the influence;

003.01C Occupant restraints systems and safety devices including but not limited to

correct use of safety belts, child restraints, booster seats, and airbags;

003.01D Safe driving instruction, which shall include but is not limited to instruction on:

003.01D1 The Nebraska Rules of the Road including but not limited to signs, signals and markings, construction and school zones and other speeding violations, vehicle operating tasks, establishing vehicle position, lane use, parking, traffic flow tasks, and differing driving environments, and awareness of other roadway users.

003.01D2 Human functions during driving including visual scanning, detection/perception, evaluation, risk assessment, decision-making, and motor skills, and factors which affect driver performance.

003.01D3 Various causes and types of traffic accidents and crashes and methods to avoid involvement in traffic accidents and crashes.

003.01D4 Methods to minimize the impact and damage if involved in a traffic accident or crash.

003.01D5 Legal responsibilities of drivers and vehicle owners if involved in a traffic accident or crash and Financial Responsibility law for motor vehicles.

003.01D6 Information concerning the driving privilege and legal status of a driver's license.

003.02Successful Completion Standard

The application shall include a description of standards or measurements used to determine the success or failure of persons who attend the program, an example of instruments used to make such determination, and any other standards, if any, which must be met by an individual to successfully complete the program. An attendee must score at least eighty percent (80%) on a test instrument in order to have successfully completed the program.

003.03Uniform Fee

An application for certification of a program shall provide the following information with regard to the fee paid by an individual for participation in a program. A jurisdiction shall charge a uniform fee for participation in a driver's safety training program regardless of the traffic violation for which the applicant (individual taking the class) was cited. The fee shall be composed of the following elements:

003.03AProvider's Fee. A provider's application for certification shall state the uniform fee to be paid by the applicant for diversion of the minor traffic violation that is reasonable and appropriate to defray the provider's cost of the presentation of the program. The provider's fee may include any costs reasonable and appropriate to defray the provider's cost of presentation of the program. The application shall include an itemized breakdown of the provider's fee including cost germane to the specific program, and which adhere to generally accepted accounting principles; and;

003.03BFees Charged by Jurisdiction. In addition the application shall state the fee charged by a jurisdiction for an individual's participation in the program. An application for program approval shall contain an itemized breakdown of all costs necessary to present the program, which may include costs germane to the specific program in the jurisdiction and which adhere to generally accepted accounting principles. (See 004 of these regulations.)

(Fees charged by the jurisdiction may include but are not limited to such items as court costs, or other costs necessary for the jurisdiction's operation of a plan for diversion of minor traffic offenses.)

003.03CFees Received by Jurisdiction. If the jurisdiction utilizes fees received from offering a program to pay for the costs of administering and operating such program, to promote driver safety, and to pay for the costs of administering and operating other safety and educational programs within the jurisdiction, the application shall state how such fees are utilized. An application for program approval shall contain an itemized breakdown of all costs necessary to present the program/s, which may include costs germane to the specific program and which adhere to generally accepted accounting principles. (See 004 of these regulations.)

(If the jurisdiction does not utilize the fees received to promote driver safety and pay for the costs of administering and operating other safety and educational programs, the applicant for certification does not need to provide an itemized breakdown of how such fees are utilized.)

003.04Record Maintenance and Transmittal

The application shall include a description of the method and an example of all records, which will be kept by the provider of individuals that attend a program in the jurisdiction for which the provider seeks approval.

003.04A The application for approval shall include an explanation and description of the method the provider will employ to ensure that no individual takes any approved course more than once in any three-year (3-year) period in Nebraska from the date of citation for which the individual previously attended a program to defer a minor traffic violation.

003.04B The application for approval shall include the plan the provider will follow to ensure that no attendee who holds a commercial driver's license is allowed to participate in a program if such participation would be in non-compliance with federal law or regulation and subject the state to possible loss of federal funds.

003.04C The application shall include a description and example of the provider's plan for sharing records of individuals taking the provider's program in the jurisdiction with other similar programs. Such information shall be accessible to providers of all similar programs in other jurisdictions in Nebraska. Such information shall be electronically transmitted and available to providers of other similar programs in Nebraska within twenty-four (24) hours from an individual's registration for a provider's program.

003.05Instructors

The application shall include a list of instructor/s and the instructors' qualifications for certification as required in these regulations.

003.05A The application may have attached application/s for certification of new instructors. If using previously certified instructor/s, the application shall list the instructor/s and the date of certification by the Department.

003.05B The application shall state that if any instructor violates the provisions of these rules and regulations, the provider agrees to remove him or her from the program immediately whenever it comes to the provider's attention and the provider shall notify the Department in writing not more than five (5) days of the provider's discovery of the violation. The Department will revoke the instructor's certification on notice from a provider.

003.06Location and Contact Individual

The application shall include the physical and mailing address of the provider and shall specify the physical address/s where the classes will be taught. The application shall include the name, address, and phone number for an authorized contact person to respond to any inquiries about the provider's program.

003.07Signature

The application shall by signed by an authorized representative of the provider, shall give the title of the representative, and shall be a certification that the information provided in and included with the application is true and correct.

003.08Application Fee

The application shall be accompanied by a fee of fifty dollars ($ 50.00). If the fee is paid by check that is returned unfunded, the application shall be denied. The provider shall submit a separate application for each jurisdiction in which it provides a program for diversion of minor traffic offenses.

003.09Certification, Approval or Denial

The Department shall issue an approval or denial of the application for certification. An approved certification shall expire one (1) year from the date of issuance. If the certification is denied, the application fee shall not be returned. An application shall be denied as provided in these rules and regulations.

003.10Cancellation

Certification of a program shall be cancelled upon the request of the provider when the program is no longer offered or if the provider fails to renew by the expiration date of certification or by agreement between the provider and the Department. Programs that are cancelled are still subject to the record keeping provisions of 008 of these regulations.

003.11Display

The provider shall display its certificate and that of any certified instructors, or copies of such certificate/s in a prominent place at all location/s where the program is offered.

003.12Assumption of Liability and Proof of Insurance

The provider shall agree to assume all liability for any actions related to its program activities, or activities of its instructors related to such program, and maintain insurance for all such activities. The provider shall further agree to hold the State of Nebraska and the Nebraska Department of Motor Vehicles harmless for any losses or damages which the provider or its instructors may incur for activities related to offering a program. The provider shall provide documentation that it has secured insurance for the certification year to carry out its activities and the activities of its instructors related to the program with the application. In lieu of insurance, a provider may demonstrate that it is self-insured and that it has sufficient resources to meet any and all liability that may arise from the program activities or activities of the instructors related to the program.

250 Neb. Admin. Code, ch. 3, § 003