8 Colo. Code Regs. § 1507-56-3

Current through Register Vol. 47, No. 22, November 25, 2024

Section 8 CCR 1507-56-3 - GENERAL DEFINITIONS

3.1. With respect to these rules, the following definitions are applicable throughout unless otherwise indicated:

3.1.1."Administrative Expenses" means expenses related to Colorado MOST Program salaries, related benefits, and operating costs. Administrative operating costs include:

3.1.1.1. Daily administrative costs incurred by the Colorado MOST Program administered through the Colorado State Patrol, including copyright review of MOST Courses submitted for consideration to the CO MOST Program;

3.1.1.2. Travel costs for business travel by MOST Program staff related to supporting the Colorado MOST Program;

3.1.1.3. Purchasing or leasing of capital equipment by Colorado State Patrol MOST Program staff for the Colorado MOST Program that are not otherwise secured by a Purchase Order, agreement, or contract;

3.1.1.4. Office supplies;

3.1.1.5. In-office printing, copying, form reproduction; and

3.1.1.6. Tuition and/or registration costs for MOST Program personnel attending activities related to the support or administration of the Colorado MOST Program.

3.1.2."Advanced Rider Course (ARC)" means any Motorcycle training course, other than a beginner or intermediate Motorcycle instruction course, designed to improve upon existing knowledge, attitudes, habits, and skills of licensed Motorcycle riders, necessary for the safe operation of a Motorcycle.

3.1.3."Advisory Board" means the Motorcycle Operator Safety Advisory Board (MOSAB) established pursuant to § 43-5-505, CRS.

3.1.4."Approved Beginner/Intermediate MOST Course" means a Motorcycle instruction course approved by the CO MOST Program designed to develop the knowledge, attitudes, habits, and skills necessary for the safe operation of a Motorcycle. To qualify, a beginner or intermediate Course provided by a CO MOST Program Vendor must teach the requirements for issuing a course completion card which can be used to obtain a driver's license motorcycle endorsement.

3.1.5."Best Practices" means guidelines, ideas, or techniques confirmed through applicable research and/or relevant professional experience representing alternative, applicable, practical, and prudent practices and methodology promoting effective and reliable results.

3.1.6."CDOR" means the Colorado Department of Revenue.

3.1.7."CDOT" means the Colorado Department of Transportation.

3.1.8."CDPS" means the Colorado Department of Public Safety.

3.1.9."Certification" means official recognition, affirmation, or approval of status that may be expressed interchangeably and to the same effect within these rules as the certification, recognition, affirmation or approval of the same. As applied throughout these rules, certification is official recognition, affirmation, or approval of a MOST Vendor, Instructor, or Course as a CO MOST recognized, affirmed, or approved Vendor, Instructor, or Course, by the CO MOST Program. Specifically:

3.1.9.1. Certification of a Course is the official recognition, affirmation, or approval of a MOST Motorcycle education course that has been submitted to MOST for evaluation and has received written approval for use as a Motorcycle license waiver endorsement class meeting all applicable statutory requirements and is consistent with these rules.

3.1.9.2. Certification of an Instructor is the official recognition, affirmation, or approval of a MOST Instructor who has applied to perform as a MOST Course Instructor in Colorado from the CO MOST Program. To receive Certification, recognition, affirmation, or approval, a MOST Instructor must maintain compliance with applicable CO MOST Program Approved Course requirements, statutes, and these rules.

3.1.9.3. Certification of a Vendor is the official recognition, affirmation, or approval of a MOST Vendor who seeks to enter into agreement with the CO MOST Program to support CO MOST Program Course instruction. To receive Certification, recognition, affirmation, or approval, a MOST Vendor must agree to operate consistent with the terms and conditions of the CO MOST Program Agreement, applicable statutes, and these rules.

3.1.10."Chief" means the Chief of the Colorado State Patrol. As may be appropriate and as is consistent with CSP and CDPS Policy, "Chief" also includes the designees of the Chief.

3.1.11."Classroom" means a designated area or areas or space, virtual or physical, used for the purpose of CO MOST Program Approved Course academic training and instruction.

3.1.12."Complete CO MOST Course" means a CO MOST Program Approved Course consisting of academic instruction, Range Course training, and skills development for the purposes of meeting Instructor approval requirements set forth within these rules. To receive credit towards the annual CO MOST Instructor Course Instruction requirement of three CO MOST Program Approved Courses, a CO MOST Instructor must instruct three complete CO MOST Program Approved Courses or equal opposite halves of six CO MOST Program Approved Courses.

3.1.13."Course Completion Card" means the certificate or card issued to a student upon the successful completion of a CO MOST Program Approved Course. This card or certificate must include the Course name, a legible Course Instructor signature, the date of card or certificate issue, the complete name of the student as it appears on the student's state driver's license or identification card, and must display a unique, identifying serial or card/certificate issue number.

3.1.14."Contract Expenses" means expenses incurred by the Colorado MOST Program directly related to a contract, agreement, or purchase order issued to a third-party; expenses incurred to promote the MOST Program; and expenses related to the operation of the Colorado MOST Program.

3.1.15."CSP" means the Colorado State Patrol.

3.1.16"Eligible CO MOST Course Student" means any person who enrolls in a CO MOST Course and:

3.1.16.1. Is a resident of Colorado holding a valid driver's license, a Minors' (age-restricted, under 21-years of age) driver's license, valid state ID, or instruction permit, as authorized by § 42-2-106, CRS; or

3.1.16.2. Is a member of the armed forces having moved to Colorado consequent to a permanent change of station basis, holding a valid driver's license issued by another state; or

3.1.16.3. Is an adult holding a valid driver's license from another state and is eligible for a Motorcycle license or endorsement in that same state.

3.1.17."Eligible CO MOST Instructor Training Course Student" means any person who enrolls in a Colorado MOST Program Approved Instructor Training Course and:

3.1.17.1. Is a resident of Colorado holding a valid Motorcycle-endorsed driver's license as provided by § 42-2-106, CRS; or

3.1.17.2. Is a member of the armed forces having moved to Colorado subsequent a permanent change of station basis, holding a valid driver's license issued by another state.

3.1.18."Instructor Professional Development Workshop (PDW)" means a training educational activity designed to improve knowledge, attitudes, habits, and skills of CO MOST Instructors to improve and update the quality of CO MOST Program Approved Courses consistent with best practices.

3.1.19."Leap Year" means a calendar year running from January 1ST through December 31ST, having 29 days in February and occurring once every four (4) calendar years.

3.1.20."Mobile Training" means the transport to and from and the setting up of all CO MOST Program Approved training, including equipment, personnel, and classroom materials at Temporary Training Sites to provide training in under-served areas of the state not having Training Sites or providing CO MOST Program Approved Courses. Mobile training also means training provided by a CO MOST Program Certified Vendor at two or more Temporary Training Sites with the exception that a CO MOST Program Certified Vendor may provide Mobile Training using a single Temporary Training Site during the first year it provides Mobile Training.

3.1.21."MOST Course" or "CO MOST Approved Course" means any beginner or intermediate MOST Course officially recognized and approved by the CO MOST Program.

3.1.22."MOST Fund" or "CO MOST Fund" means the fund authorized by § 43-5-504, CRS.

3.1.23."MOST Instructor," "MOST Program Instructor," "CO MOST Instructor," "CO MOST Program Instructor" or "Instructor" means an individual, satisfying applicable requirements of these rules, who is in good standing with CO MOST Program requirements, Certified by the CO MOST Program to teach CO MOST Program Approved Courses.

3.1.24."MOST Instructor Training Candidate" or "CO MOST Instructor Training Candidate" means an individual satisfying the requirements of these rules, in good standing with CO MOST Program requirements, who, upon successful Course completion, may apply for Certification from the CO MOST Program to instruct CO MOST Program Approved Courses.

3.1.25."MOST Instructor Training Course" or "CO MOST Program Approved Instructor Training Course" means an approved course of instruction which prepares an Instructor Candidate to teach CO MOST Program Approved Courses.

3.1.26."MOST Program Coordinator," "CO MOST Program Coordinator," or "Program Coordinator" means the individual to whom the Chief has delegated responsibility for the administration of the CO MOST Program.

3.1.27."MOST Program Office" or "CO MOST Program Office" means the main office for the CO MOST Program located at the CSP.

3.1.28."MOST Program Instructor Certification" or "CO MOST Program Instructor Certification" means the certification provided to a person to operate as a CO MOST Program Instructor from the CO MOST Program. See definition 3.1.9. of these rules for additional guidance.

3.1.29."MOST Program Vendor," "MOST Vendor," "CO MOST Program Vendor," "Colorado MOST Program Vendor," "CO MOST Vendor," or "Vendor" means a person that offers Motorcycle training meeting applicable CO MOST Program requirements set forth, referenced, and/or adopted by these rules.

3.1.30."MOST Program Vendor Certification" or "CO MOST Program Vendor Certification" means the certification, affirmation, recognition, and/or approval provided to a person to operate as a CO MOST Program Vendor from the CO MOST Program. See definition 3.1.9. of these rules for additional guidance.

3.1.31."Motor Vehicle Record (MVR)" or "Motor Vehicle Operator Record" means an official document produced by an identified state governmental entity detailing the motor vehicle operation and/or motor vehicle operation violation history for a person issued or previously issued a state license to operate a motor vehicle. May be known by another name (i.e., Abstract, Driver's Record, etc.) in states outside of Colorado.

3.1.32."Motorcycle" means a motor vehicle designed with handlebars or any other similarly connected device to the front wheel(s) of the vehicle to steer.

3.1.32.1. A Motorcycle defined within these rules will mean a motor vehicle designed to travel with three or less wheels in contact with the ground.

3.1.32.2. For purposes of these rules, a Motorcycle will not include any farm tractor, low-speed electric vehicle, or low-power scooter, as identified within § 42-1-102(55), CRS.

3.1.33."Motorcycle Operator Safety Training (MOST) Program" or "CO MOST" means the Motorcycle Safety Training Program created pursuant to § 43-5-501, et. seq., CRS. As used within these rules, MOST Program, MOST, CO MOST, Program, and Motorcycle Operator Safety Training Program, are used.

3.1.34."Person" means an individual, a corporation, a government or governmental subdivision or agency, a partnership, an association, or any other legal entity, with the exception that separate divisions of the same corporation may, at their request, be treated as separate persons.

3.1.35."PnP" or "CO MOST PnP" means the CO MOST Program document available to the public and provided through the CO MOST Office, outlining expectations, guidelines, and requirements for Certified and participating Vendors, Instructors, students, and CO MOST Program partners. The CO MOST PnP encompasses as part information relevant to Quality Assurance Reviews (QARs), setting forth policies, procedures and expectations supporting QARs consistent with these rules and CO MOST Program goals. As referenced by these rules the CO MOST PnP applicable is CO MOST Document 1302_3/22.

3.1.36."Program Agreement" means the Motorcycle Operator Safety Training (MOST) Program agreement between the CO MOST Program and Certified CO MOST Program Vendors, CO MOST Document 1320_6/22.

3.1.37."Range" means a Motorcycle Course area of asphalt, pavement, or concrete that is approved of by one or more CO MOST Program Approved Course providers and recognized by the CO MOST Program for Motorcycle (two and/or three-wheeled) training, having sufficient run-off area around the perimeter and any/all obstacles or barriers; adequate run-up and run-out space; defined for a maximum level of students; and designed, painted, and audited consistent with applicable CO MOST Program Approved Course standards.

3.1.38."Quality Assurance Review (QAR)" means actions through which the CSP or its agents evaluate the compliance of CO MOST Program Vendors or CO MOST Program Instructors with applicable statutes, these rules, the CO MOST PnP, applicable contractual or agreement obligations, applicable CO MOST Program Approved Courses, and CO MOST Program directives, policies, and initiatives.

3.1.39."Reinstatement" means the recertification of a CO MOST Program Vendor, CO MOST Instructor Trainer, or CO MOST Instructor by the Chief and the CO MOST Program subsequent to any cancelation, expiration, denial, limitation, suspension, or revocation of a certification consistent with applicable law, CO MOST contracts or agreements, CO MOST Program Approved Courses, these rules, and other applicable CO MOST Program developed criteria (including the CO MOST PnP and/or CO MOST Accountability and Resolution Matrix, CO MOST Document 1356_2/22.

3.1.40."Resident" means a resident of a state for motor vehicle licensing and/or Motorcycle endorsement or licensing purposes. As applied within these rules, the definition of a Colorado resident will be consistent with the definition of resident set forth within § 42-1-102(81), CRS.

3.1.41."Sexual Harassment and Diversity Training" means annual training and updates thereto provided or approved for use by the CO MOST Program. To maintain CO MOST Program Certification, CO MOST Program Instructors must complete this training.

3.1.42."Temporary Training Site" means non-permanent locations whereby, with limited exception, no structure is to remain for more than 10 weeks out of a single state fiscal year that houses or stores Motorcycles or other equipment, and at which CO MOST Approved Courses and CO MOST Approved Instructor Training Courses are provided.

3.1.42.1. Temporary Training Sites may be used multiple times over a single State Fiscal Year, but never for more than 10 weeks consecutively without prior permission from the CO MOST Program.

3.1.42.2. All equipment brought to set up at a Temporary Training Site must be removed from the Temporary Training Site, along with any waste generated, upon completion of any Temporary Training Site period.

3.1.43."Training Site" means a CO MOST Course Approved and CO MOST Program affirmed permanent, non-temporary site for training having at least one (1) CO MOST Approved Range Course and the ability to provide classroom instruction consistent with these rules.

3.1.44."Underserved Areas of the State" means locations where the CSP determines the access of residents to CO MOST Program Approved training is restricted due to distance or program availability.

8 CCR 1507-56-3

41 CR 17, September 10, 2018, effective 9/30/2018

45 CR 02, January 25, 2022, effective 2/14/2022

45 CR 23, December 10, 2022, effective 12/30/2022