W. Va. Code R. § 126-22-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-22-3 - Standards for an Approved Course

3.1. The driver education course shall be organized and designed in such a manner that is equivalent to or surpasses the following requirements.

3.1.a. Minimum and preferred requirements of the driver education course:

3.1.a.1. classroom instruction of 50 hours (66 hours preferred);

3.1.a.2. in-car observation of 10 hours (18 hours preferred); and

3.1.a.3. in-car practice driving of six hours or the equivalent according to the established and universally recognized ratio when simulation and multiple car instruction ranges are utilized.

3.2. At a minimum, driver education shall be scheduled as a one-semester program consisting of both classroom and laboratory instructional phases. In the case of schools using a block schedule of 90 minutes, the program may be scheduled as a nine-week program.

3.3. The course shall provide a minimum of one-half unit of credit.

3.4. Student on-street practice driving lessons shall be provided in an automobile equipped with a dual control brake, and a dual control clutch pedal for vehicles with manual shift transmissions. An approved/certified driver education teacher shall occupy the seat beside the student.

3.5. Classroom instruction shall not exceed the school's typical instructional course timeframe.

3.6. Student in-car practice driving lessons shall be scheduled so that students will receive not more than one-half hour behind-the-wheel instruction per session and not more than one hour during any 24-hour period.

3.7. Along with the driver education teacher, a minimum of two and a maximum of four students shall occupy the driver education vehicle during on-street practice driving/instruction lessons.

3.8. Only eligible students shall participate in the laboratory (practice driving) part of the course. An eligible student is defined as one who is 15 years of age and older and is in grades 9-12 during the period of enrollment in the course. The student must not have a known mental or physical disability that would prevent the student from qualifying for an operator's license, unless the disability is controlled or corrected so the student could so qualify. (W. Va. Code § 18-6-3 and § 18-6-5.)

3.9. Students at least 15 years of age or older may enroll in driver education and receive instruction and practical training in the operation of a motor vehicle on public streets and highways. Students who will not reach 15 years of age before completion of the driver education course may enroll, if space is available, after giving priority to those students who are already 15 years of age or older; instruction shall be limited to the classroom only.

3.10. Any student who is at least 15 years of age or older may enroll in driver education and operate a motor vehicle on West Virginia roadways without a Level I Instructional Permit while accompanied by an approved/certified driver education teacher occupying a seat beside the student and in an automobile equipped with dual controls. However, it is encouraged that a student possess a Level I Instructional Permit at the time the student enrolls in the course and begins the behind-the-wheel driving instruction.

3.11. Course content shall be taught in the driver education program as required in W. Va. Code § 18-6-3 and W. Va. 126CSR44H, Policy 2520.8, West Virginia Driver Education Standards.

3.12. Multiple-vehicle driving range instruction/practice driving may substitute for a portion of the time required for on-street driving practice at a 2:1 ratio. However, such instruction shall be supplemented with a minimum of two hours of practice driving per student under actual traffic conditions. A minimum program would consist of eight hours practice driving on the range and two hours on-street driving.

3.13. Simulator instruction programs shall provide not more than one-half of the six hours on-street practice driving requirements at a 4:1 ratio. Therefore, a minimum program would be three hours of practice driving in real traffic conditions coupled with 12 hours of simulation.

3.14. In the scheduling of students for the course, a minimum of six hours driving practice/instruction is required for each enrolled student. The amount of practice driving instruction required by licensed students will vary depending on their individual skills and experience. Therefore, licensed students shall receive a minimum of three hours in-car practice driving/instruction, testing, and evaluation in a variety of highway and traffic conditions. If the student, in the best judgment of the driver education teacher, requires additional driving instruction to hone skills and improve driving performance, such time shall be provided. Any instructional time that is not utilized by the licensed student shall be applied to providing additional in-car practice driving to the less experienced students enrolled in the course.

W. Va. Code R. § 126-22-3