No. 33421 (New Rule): Rule R651-412. Curriculum Standards for OHV Education Programs Offered by Non-Division Entities

(New Rule)

DAR File No.: 33421
Filed: 03/01/2010 04:41:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Recent changes in technology and our understanding of the learning styles of today's young people caused us to undertake a serious evaluation of our present teaching practices and programs. We are engaged in a pilot program with several private providers who offer excellent off-highway vehicle (OHV) education programs via the Internet and other media.

Summary of the rule or change:

The proposed rule is designed to allow the Division to approve alternate OHV education offerings.

State statutory or constitutional authorization for this rule:

• Section 41-22-30

Anticipated cost or savings to:

the state budget:

No impact to state budgets. The rule only provides standards for OHV education programs.

local governments:

No impact to local governments. The rule only provides standards for OHV education programs. Local government is not affected by these standards.

small businesses:

Will provide an opportunity for small businesses to provide educational programs to the people of the state if they meet these standards. Could be a profitable business opportunity.

persons other than small businesses, businesses, or local governmental entities:

Allows for educational choice by those who need to take the mandated OHV safety training.

Compliance costs for affected persons:

Cost of training will vary and will be market driven. Currently at about $30 per student.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule may benefit business as they sell off-road vehicles since they may not offer the appropriate educational courses as well.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2010

This rule may become effective on:

07/13/2010

Authorized by:

Mark Forbes, Deputy Director (Legislation)

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-412. Curriculum Standards for OHV Education Programs Offered by Non-Division Entities.

R651-412-1. Rulemaking Authority.

Section 41-22-31 UCA states that the Board shall develop curriculum standards for a comprehensive OHV education program designed to instill the necessary knowledge, attitudes, skills necessary for safe OHV operation, and that the Division shall cooperate with the appropriate public and private organizations in the implementation of this program.

 

R651-412-2. Course Approval Process.

Outside providers wishing to have OHV education courses approved by the Division as adequate for meeting Utah's OHV education standard shall submit a copy of their proposed curricula to the OHV Education Specialist for evaluation. The OHV Education Specialist shall evaluate the proposed curricula against the standard specified in this rule and shall issue a letter of approval to providers who present curriculum packages that meet the standard.

 

R651-412-3. Course Completion.

Individuals who complete a training course approved under this rule shall be issued an OHV Education Certificate in accordance with 41-22-31 UCA.

 

R651-412-4. Curriculum Standards.

At a minimum, all courses approved by the Division shall provide the following course content and shall be presented at a level appropriate for the average fourth grade student. The method of course content delivery is not specified.

(a) Description of OHV riding in Utah.

(b) Utah State Parks regulatory responsibilities.

(c) OHV terminology including, but not imited, to: throttle, fuel shut-off valve, brakes, shift leer, engine stop switch, choke, spark arrestor/muffler, headlights, engine, footrest, ignition switch.

(d) Utah State Laws.

(e) Riding positions, turning and stopping.

(f) Hypothermia, wind chill and cold weather survival.

(g) Riding on different types of terrain.

(h) Pre-ride inspections.

(i) Towing a trailer.

(ii) Crossing roads and highways.

(iii) Dangers of drugs and alcohol.

(i) Ethics, responsible riding and trail etiquette.

(j) Tread Lightly

(k) Proper safety equipment.

(l) Snowmobile courses will also include avalanche safety information.

(m) Any hands-on training provided by an authorized provider shall be conducted in accordance with R651-408(1) and all applicable state and federal law.

 

KEY: OHV education standards, parks

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 41-22-30

 

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