MyLRC +
Administrative Rules
Rule 61:16 MOTORCYCLE EDUCATION

ARTICLE 61:16

MOTORCYCLE EDUCATION

Chapter

61:16:01             Motorcycle safety education courses.




CHAPTER 61:16:01

MOTORCYCLE SAFETY EDUCATION COURSES

Section

61:16:01:01        Definitions.

61:16:01:02        Instruction standards.

61:16:01:02.01   Course approval.

61:16:01:03        Teacher certification standards.

61:16:01:04        Time of application.

61:16:01:05        Application contents.

61:16:01:06        Application approval.

61:16:01:07        Compensation.




    61:16:01:01.  Definitions. Terms used in this chapter mean:

    (1)  "Department," the Department of Public Safety;

    (2)  "Secretary," the secretary of the Department of Public Safety;

    (3)  "Compensation," reimbursement for providing motorcycle safety education courses;

    (4)  "Application," a form designed by the department for requesting compensation for providing motorcycle safety education courses;

    (5)  "Basic rider course," a course designed for beginning motorcycle riders;

    (6)  "Rider coach/instructor training," a course designed for training motorcycle instructors; and

    (7)  "Experienced rider course," a course designed to provide specialized motorcycle training.

    Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 23, 2009; 50 SDR 47, effective October 16, 2023.

    General Authority: SDCL 32-20-14.

    Law Implemented: SDCL 32-20-14.




    61:16:01:02.  Instruction standards. To be eligible for compensation:

    (1)  A basic rider course shall follow a curriculum approved by the Director of the Office of Highway Safety that meets the criteria in the 2011 Model National Standards For Entry-Level Motorcycle Rider Training, published by the National Highway Traffic Safety Administration;

    (2)  Rider coach/instructor training shall follow a curriculum approved by the Director of the Office of Highway Safety that meets the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration; and

    (3)  An experienced rider course shall follow a curriculum approved by the Director of the Office of Highway Safety that meets the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration.

    Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 73, effective December 16, 1986; 20 SDR 210, effective June 15, 1994; 36 SDR 27, effective August 23, 2009; 40 SDR 39, effective September 9, 2013; 50 SDR 47, effective October 16, 2023.

    General Authority: SDCL 32-20-14.

    Law Implemented: SDCL 32-20-14.




Rule 61:16:01:02.01 Course approval.

          61:16:01:02.01.  Course approval. Motorcycle course curricula may be submitted to the Director of the Office of Highway Safety for approval. The Director shall approve or deny approval based on the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration. The Director may request additional information regarding the proposed curricula. The Director shall make a written decision on all submitted curricula within 60 days of the request for approval or receipt of all requested information, whichever is later.

 

          Source: 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 32-20-14.

          Law Implemented: SDCL 32-20-14.

 




    61:16:01:03.  Teacher certification standards. Each motorcycle safety education course teacher must be certified by the course provider designated by the director of the Office of Highway Safety and shall hold a valid South Dakota motorcycle driver's license.

    Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 23, 2009; 50 SDR 47, effective October 16, 2023.

    General Authority: SDCL 32-20-14.

    Law Implemented: SDCL 32-20-14.




Rule 61:16:01:04 Time of application.

          61:16:01:04.  Time of application. An applicant shall apply after January 1 for compensation through the following December 31.

          Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 210, effective June 15, 1994.

          General Authority:SDCL 32-20-14.

          Law Implemented:SDCL 32-20-14.




Rule 61:16:01:05 Application contents.

          61:16:01:05.  Application contents. The following information shall be submitted on the application:

 

          (1)  Course to be taught;

          (2)  Proposed number of students;

          (3)  Tentative schedule of course sites:

 

               (a)  A basic rider course shall be offered at a minimum of 20 locations throughout the state; and

               (b)  An experienced rider course and rider coach/instructor training may be offered at one or more locations throughout the state;

 

          (4)  Projected costs of total program;

          (5)  Fees to be charged; and

          (6)  Experience demonstrating ability to provide services effectively.

 

          Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 23, 2009.

          General Authority: SDCL 32-20-14.

          Law Implemented: SDCL 32-20-14.

 




Rule 61:16:01:06 Application approval.

          61:16:01:06.  Application approval. Applications approved by the secretary will receive compensation.

          Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 32-20-14.

          Law Implemented:SDCL 32-20-14.




Rule 61:16:01:07 Compensation.

          61:16:01:07.  Compensation. Compensation for costs incurred by approved applicants shall be made through contract with the department. The contract shall include a performance bond in the amount of $10,000.

          Source: 9 SDR 105, effective February 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 32-20-14.

          Law Implemented:SDCL 32-20-14.

Online Archived History: