(a) A motorcycle school must:
  (1) notify the department of any change to the information provided for initial licensure under §98.26 or for license renewal under §98.27, within 15 days from the date of the change;
  (2) maintain ownership of, or possession of written authorization by the owner to use:
    (A) all real property used for a training site; and
    (B) all motorcycles made available for use by students;
  (3) maintain compliance with the insurance requirements of §98.40;
  (4) maintain compliance with the reporting requirements of §98.50;
  (5) cooperate with all department audits and investigations and provide all requested documents;
  (6) comply with §98.74 prior to a relocation;
  (7) notify the department within 30 days after a change of ownership and comply with the requirements of §98.76;
  (8) maintain compliance with training site requirements of §98.100;
  (9) ensure that all motorcycles made available for use by students meet the requirements of §98.102;
  (10) allow course admission only to individuals who meet the requirements of §98.104;
  (11) issue course completion certificates in accordance with §98.106 and implement effective protective measures to ensure that unissued course completion certificates are secured;
  (12) conduct courses only in accordance with a department-approved curriculum and notify the department at least 15 days prior to any change to the list of courses that will be offered;
  (13) employ or contract with instructors to teach all courses conducted by the motorcycle school;
  (14) schedule instructors only in compliance with the student-to-instructor ratio requirements of §98.108;
  (15) require all students and instructors to wear full protective gear whenever participating in the on-cycle portion of any course, as required by §98.108(f);
  (16) maintain, for three calendar years, records of courses conducted and individuals who receive course completion certificates; and
  (17) deal honestly with members of the public and the department.
(b) A motorcycle school must not:
  (1) complete, issue, or validate a department-approved course completion certificate to a person who has not successfully completed the course;
  (2) offer or conduct a course without authorization from the owner of the course; or
  (3) allow an instructor employed by, or contracted with, the motorcycle school to violate any provision of this chapter or Transportation Code, Chapter 662.
(c) Each instructor employed by, or contracted with, a motorcycle school is an agent of the motorcycle school, and the motorcycle school is responsible for all acts performed by an instructor that are within the scope of, and occur during the course of, motorcycle operator training conducted at the motorcycle school.

Source Note: The provisions of this §98.72 adopted to be effective September 1, 2020, 45 TexReg 6088