Renewal Pending, an Old OWI, and a Posted Student Video
An instructor's Indiana driver training instructor license expires in 21 days. He holds a valid Indiana driver's license, but his driving record shows a misdemeanor OWI conviction 8 years and 2 months ago. He completed the required instructor-training course nine years ago and has taken no continuing education since. Last month he gave four paid behind-the-wheel lessons to his neighbor's 15-year-old in the neighbor's car, which has no passenger-side brake. He posted a dashboard video of the student crying after a near-miss on his public Instagram with the caption 'This is why we drill.' A parent has complained to the school. The owner asks whether the instructor can keep teaching while the renewal is pending, and whether the lessons in the neighbor's car count toward the student's driver-education requirement. The school has no written social-media policy.
1. Can the instructor keep teaching while the renewal is pending? Analyze the licensing issues.
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The owner should not let him teach while the renewal is pending unless the BMV confirms he is eligible and the license remains valid. The OWI conviction 8 years and 2 months ago falls within the 10-year lookback that Indiana uses for instructor licensing, so it is likely a disqualifier on its face; the owner should verify with the BMV and not assume that 'old' means 'off the record.' He also has no continuing education since his training nine years ago, which may leave him short of renewal requirements. A pending renewal is not a license to continue if he is ineligible. The owner should pull him from behind-the-wheel and classroom duties pending written confirmation, document the decision, and give him a clear list of what the BMV requires. If he continues teaching and an incident occurs, the school's license and insurance are exposed.
2. What is wrong with the four lessons in the neighbor's car, and can they count toward the student's driver education?
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The four lessons in the neighbor's car are a serious problem. The car lacks a passenger-side brake, so it is not a proper training vehicle for behind-the-wheel instruction. The lessons were given outside the licensed school's structure, which raises questions about authorization, supervision, insurance, and whether the instructor was acting for the school at all. They should not count toward the student's driver-education completion unless the BMV rules allow that exact arrangement-and on these facts they do not. The owner should stop any further lessons, notify the parent that the hours will not be certified, review whether a report to the BMV is required, and check the school's insurance. The instructor should be told in writing not to use personal vehicles for paid instruction. This is not a paperwork shortcut; it is an unauthorized training arrangement.
3. How should the owner handle the Instagram post and the parent complaint?
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The Instagram post is a conduct and privacy failure. Posting a video of an identifiable student crying after a near-miss, with a mocking caption, is unprofessional and could harm the student and the school's reputation. It also creates evidence of poor judgment in a complaint. The owner should direct the instructor to remove the post immediately, preserve a copy for the complaint file, and avoid any contact with the student about the post except through the parent. The school should investigate the complaint, document interviews and findings, and report to the BMV or other authority if required. Adopt a written social-media policy: no student images or identifying details without written parent consent, no posts that ridicule students, and no posting from the training car. Retain the complaint and corrective-action records.