SECTION 595:40-1-4. Qualifications for instructors

(a)   All driver education instructors. Instructors of public, private, commercial driver education schools and other non-public schools shall submit to the Department of Public Safety, upon application, proof of the following:

(1)   current employment by a school which offers a prescribed course of study;

(2)   a valid and unexpired Oklahoma driver license that is not suspended, revoked, denied or cancelled at the time of original or renewal application;

(3)   at least twenty-one (21) years of age;

(4)   never been convicted of a felony, have any pending court action that could result in a felony conviction, or any conviction, whether within Oklahoma or in another state, that would result in the applicant having to register according to the Sex Offenders Registration Act, as evidenced by a full finger print based Oklahoma Bureau of Investigation criminal history background investigation conducted within the immediately preceding thirty (30) days.

(A)   Once the Department has received the state criminal history background investigation, showing no adverse action, pending or otherwise, the Department will issue a ninety (90) day temporary driver education instructor license to the applicant and the applicant shall be directed to have a national criminal history background investigation conducted by the Federal Bureau of Investigations.

(B)   The commercial school shall submit the necessary national criminal history background investigation request within ten (10) business days of the issuance of the temporary driver education instructor license and submit proof of the request to the Driver License Examining Division within five (5) business days thereafter. If the national criminal history background investigation is not completed within ninety (90) days of the request for the national criminal history background investigation, the temporary driver education instructor license may be revoked.

(C)   If either the state or national criminal history background investigation is returned with:

(i)   no adverse action, the Department will issue the temporary or permanent driver education instructor license; or

(ii)   adverse action is found on the applicant's criminal history background investigation, the Department will revoke the temporary driver education instructor permit and will not issue another temporary or permanent driver license instructor license to the applicant as long as the adverse action remains on the applicants criminal history; or

(iii)   if the applicant has pending court proceedings that could result in a felony conviction, the temporary or permanent driver education instructor license shall not be issued until the pending action has been dispensed.

(5)   if applicable, have driving privileges reinstated for at least twelve (12) months, if driving privileges were suspended, canceled, revoked, denied, or disqualified for a driving-related conviction or for Department action related to driving under the influence or driving while impaired. If driving privileges are suspended, canceled, revoked, denied, or disqualified only for a non-driving-related conviction or reason, the applicant shall be eligible immediately upon reinstatement of driving privileges;

(6)   not been convicted of misdemeanor possession or use of alcohol or drugs within the past twelve (12) months;

(7)   not more than five (5) point violations on the driving record;

(8)   no administrative action pending pursuant to 47 O.S. §§ 753, 754, or 754.1;

(9)   a high school diploma or general education diploma; and

(10)   a motorcycle instructor shall have a valid Motorcycle Safety Foundation instructor's certificate.

(b)   All commercial school and non-public school driver education instructors. At the time of original application, all commercial school and non-public school driver education instructors shall take the vision, skills, and written examinations given by the Department for the purposes of driver licensing and, for licensing as a commercial school or non-public school driver education instructor. Commercial motorcycle driver training instructors will not be required to take the basic Class D written exam and skills test but instead will take the motorcycle written exam and skills test. The skills test will be performed on a motorcycle. All driver education instructors shall be required:

(1)   to receive a score of at least eighty percent (80%) on driver license written examination. Should the applicant fail to achieve the required score after three (3) attempts, the applicant shall be denied certification and may reapply after one (1) year;

(2)   to pass the standard Class D driver license or motorcycle road test with a passing score of at least eighty percent (80%). Should the applicant fail to achieve the required passing score after (three) attempts, the applicant shall be denied certification and may reapply after one (1) year.

(c)   Public school driver education instructors only. Qualifications for public driver education instructors are set out in the rules for Oklahoma High School Driver and Traffic Safety Education by the Oklahoma State Board of Education.

(d)   Non-public school driver education instructors. Instructors of driver education for non-public schools, except commercial driver education schools, shall submit to the Department of Public Safety proof of the following:

(1)   a valid Oklahoma secondary, elementary-secondary, library media specialist, speech-language pathology or technology center school license/certificate,

(2)   credentials in Driver and Traffic Safety Education or five (5) years consecutive experience in driver safety training, and

(3)   a valid and unexpired Oklahoma driver license.

(e)   Commercial school driver education instructors other than motorcycle training instructors. Commercial driver education school instructors, other than motorcycle training instructors, shall submit to the Department of Public Safety proof of the following:

(1)   a minimum of six (6) semester hours of Driver Education I and Driver Education II, and a minimum of three (3) semester hours of General Safety Education from an accredited college or university; or

(2)   a course equivalent to that described in paragraph (1) offered by a nationally recognized commercial driver instructor course approved by the Department of Public Safety; or

(3)   certification by the State Department of Education as a driver education instructor, which certification shall be for at least five (5) years immediately preceding application in conjunction with having taught driver education for at least five (5) years in public, private, or parochial school; or

(4)   a minimum of five (5) years of experience as a certified law enforcement officer and possess a certification from an Instructor Development course.

(f)   Commercial motorcycle training school instructor qualifications. Commercial motorcycle training school instructors shall submit to the Department of Public Safety proof of the following:

(1)   a high school diploma, or equivalent, and

(2)   an instructor's certificate issued by the Motorcycle Safety Foundation.

(g)   MSF Basic Rider Coach training. A participant in the MSF Basic Rider Coach training will be exempt from the Oklahoma certification requirement while acting as an instructor under the supervision of a MSF certified Rider Coach Trainer during the Basic Rider Coach training. MSF certification must be signed by the MSF and Oklahoma Certified Rider Coach Trainer.

[Source: Amended at 10 Ok Reg 4813, eff 9-28-93 (emergency); Amended at 11 Ok Reg 2407, eff 5-26-94; Amended at 13 Ok Reg 2839, eff 6-28-96; Amended at 19 Ok Reg 2721, eff 7-15-02; Amended at 20 Ok Reg 2723, eff 8-15-03; Amended at 21 Ok Reg 3031, eff 7-25-04; Amended at 24 Ok Reg 2788, eff 8-15-07; Amended at 25 Ok Reg 2808, eff 9-12-08; Amended at 26 Ok Reg 2791, eff 7-25-09; Amended at 28 Ok Reg 2103, eff 7-15-11; Amended at 32 Ok Reg 2235, eff 9-11-15; Amended at 34 Ok Reg 1971, eff 9-11-17; Amended at 35 Ok Reg 1964, eff 9-17-18; Amended at 36 Ok Reg 1062, eff 7-25-19]