DRIVING SKILLS TEST ADMINISTRATION

PURPOSE OF NOTICE

The Bureau of Motor Vehicles (BMV) is soliciting public comment on amending rules at 140 IAC 4-4-8, 140 IAC 4-4-9, and 140 IAC 4-4-11 concerning driving skills test administration. The BMV seeks comment on the affected citations listed and any other provisions of Title 140 that may be affected by this rulemaking.

ADDITIONAL DOCUMENTS

Regulatory Analysis: 20240703-IR-140240214RAA

Notice of Public Hearing: 20240703-IR-140240214PHA

CITATIONS AFFECTED: 140 IAC 4-4-8; 140 IAC 4-4-9; 140 IAC 4-4-11

AUTHORITY: IC 9-14-8-3; IC 9-24-10-4; IC 9-27-6-6; IC 9-27-6-11

OVERVIEW

Basic Purpose and Background

The proposed amendment to 140 IAC 4-4-8 adds language to specify the time frame for when a student's driver training course results must be electronically submitted to the BMV. Currently, 140 IAC 4-4-8 requires a student's driver training course to be electronically submitted to the BMV; however, there is no time frame specified for when that must happen. The proposed amendment to 140 IAC 4-4-8 improves clarity by specifying that when a student completes a driver training course, the course results must be submitted to the BMV within ten (10) days after the course is completed.

The proposed amendment to 140 IAC 4-4-9 adds language clarifying that an individual taking a driving skills test will be tested on the standards expressed in 140 IAC 4-4-1.1 and 140 IAC 4-4-1.2, as well as language to allow the results of a driving skills test to be submitted either electronically or in an alternate form prescribed by the bureau. The proposed amendment to 140 IAC 4-4-9 adds clarity and flexibility to the way driving skills test results may be submitted to the BMV.

The proposed amendment to 140 IAC 4-4-11 adds language specifying the two (2) additional actions that result in automatically failing the driving skills test – failing to stop at a stop sign completely and passing a school bus with a stop arm out – and provides the actions that, on at least eleven (11) occasions, are committed during a driving skills test that will result in a driving skills test failure. The proposed amendment to 140 IAC 4-4-11 improves clarity and makes conforming changes consistent with current practices of the BMV.

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

REQUEST FOR PUBLIC COMMENTS

The BMV is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways:

COMMENT PERIOD DEADLINE

All comments must be postmarked or time stamped not later than August 2, 2024.

The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at Indiana Bureau of Motor Vehicles, Indiana Government Center North, 200 North Senate Avenue, Room N404, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the office of the Indiana Bureau of Motor Vehicles.

If the BMV does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice.

PROPOSED RULE

must appear on the driving skills test score sheet for it to be valid. The instructor who conducted administered the driving skills test, or the school official, shall note on the score sheet whether the student passed or failed the test.

is permitted during a driving skills test provided if it is used in a supporting or an assisting capacity and not taking action without the individual providing direct manual control over the operational maneuver.