Citations Affected: IC 9-13-2-5; IC 9-24-8-4; IC 9-29-9-12; IC 20-10.1-7-14.
Synopsis: Motorcycle operational skills test and waiver. Revises the
definition of approved motorcycle driver education and training course
to specify that a course offered by a motorcycle dealer must meet
certain standards. Requires the bureau of motor vehicles to establish a
free waiver procedure from the motorcycle license operational skills
test for a graduate of an approved motorcycle driver education and
training course. Provides that the department of education may enter
into contracts with motorcycle dealers for motorcycle operator safety
Effective: Upon passage.
January 12, 2004, read first time and referred to Committee on Transportation and
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 9-13-2-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. "Approved motorcycle driver
education and training course" means:
(1) a course offered by a public or private secondary school or other driver education school offering motorcycle driver training as developed and approved by the superintendent of public instruction and the bureau; or
(2) a course that is offered by a:
(A) commercial driving school; or
(B) new motorcycle dealer that meets standards that are equivalent to or more stringent than those established by the Motorcycle Safety Foundation for a course of instruction in motorcycle safety and education; and
that is approved by the bureau.
SECTION 2. IC 9-24-8-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c) and (d), the bureau shall:
as applicants may reapply for and be offered examinations for an
operator's license. The bureau shall publish and make available at all
locations where an individual may apply for an operator's license
information concerning motorcycle operator licensing or endorsement.
(f) An individual who:
(1) has held a motorcycle learner's permit for at least two (2) months; or
(2) holds a temporary motorcycle learner's permit, has successfully completed an approved motorcycle driver education and training course, and possesses a valid operator's, chauffeur's, or public passenger chauffeur's license;
may apply for a motorcycle operator's license endorsement not later than the expiration date of the holder's permit. However, not more than three (3) examinations may be allowed a holder during the period the permit is valid. A holder of a learner's permit or a temporary learner's permit who does not pass the written and operating skills examination during the period for which the permit is valid must obtain a new learner's permit.
SECTION 3. IC 9-29-9-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The fee for a motorcycle operational skills test administered under IC 9-24-8 is five dollars ($5).
(b) The fees collected for motorcycle operational skills tests shall be distributed as follows:
(1) For tests given by state employees, to the motor vehicle highway account under IC 8-14-1.
(2) For tests given by a certified motorcycle operational examiner who is not a state employee, to the examiner.
(c) There is no fee for the waiver procedure from the motorcycle operational skills test under IC 9-24-8-4.
SECTION 4. IC 20-10.1-7-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As used in this section:
"Certified chief instructor" means a licensed motorcycle operator who meets standards established by the department that are equivalent to or more stringent than those established by the Motorcycle Safety Foundation for instructors in motorcycle safety and education.
"Dealer" has the meaning set forth in IC 9-13-2-42.
"Department" refers to the department of education.
"Director" refers to the superintendent of the department of public instruction.
"Fund" refers to the motorcycle operator safety education fund
created under subsection (f).
"Program" means the motorcycle operator safety education program.
"Program coordinator" refers to the coordinator of the motorcycle operator safety education program.
"Training course" means an approved motorcycle rider education course that meets standards established by the department that are equivalent to or more stringent than those established by the Motorcycle Safety Foundation for courses of instruction in motorcycle safety and education.
"Training specialist" means the training specialist of the motorcycle operator safety education program.
(b) The department shall develop and administer a program that, as a minimum, must:
(1) provide motorcycle rider education;
(2) provide instructor training;
(3) increase public awareness of motorcycle safety; and
(4) evaluate and recommend improvements to the motorcycle rider licensing system.
(c) The director shall appoint:
(1) a program coordinator who shall administer the program and conduct an annual evaluation; and
(2) a training specialist who shall:
(A) establish training courses throughout the state;
(B) set program and funding guidelines; and
(C) supervise instructors and other personnel as necessary.
The training specialist must be a certified chief instructor and hold a valid license to operate a motorcycle.
(d) The department may enter into contracts with regional training centers or any other sites approved by the director, which may include a motorcycle dealer, for the conduct of motorcycle operator safety education courses. If necessary, course sites may charge a reasonable tuition fee for the courses.
(e) The director shall appoint a five (5) member advisory committee consisting of at least three (3) active motorcyclists to serve in an advisory capacity to the program.
(f) The motorcycle operator safety education fund is established. The fund consists of money received from motorcycle registrations as provided under IC 9-29. The money in the fund is appropriated to the department for the administration of the program and expenses related to the program, including:
(1) reimbursement for course sites;
(2) instructor training;