CHAPTER Saf-C
3100 DRIVER EDUCATION RULES
Statutory
Authority: RSA 21-P:14, I(a) - (h) and
RSA 263:45.
PART Saf-C
3101 SCOPE OF RULES
Saf-C
3101.01 Purpose. The purpose of these rules is to provide a
framework for the departments of safety and education to administer and
regulate New Hampshire driver education programs pursuant to RSA 186:11, XXXI
and RSA 263:19.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3101.02 Department Jurisdiction. Pursuant to RSA 263:19, the department of
safety shall be responsible for setting, maintaining and enforcing quality
standards for driver education in the state.
The department of education shall aid and facilitate the department of
safety in setting and maintaining quality standards.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3101.03 Certificates Required. All individuals who provide driver education
instruction in an approved program shall be certified under the provisions of
these rules.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3101.04 Licenses Required. All commercial drivers’ schools, private and public
high schools providing driver education and tractor trailer schools shall be
licensed under the provisions of these rules.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
New. #9568, eff 10-17-09
Saf-C
3101.05 Applicability.
(a) All driver education instructors and approved
driver education programs shall comply with the requirements of this chapter,
except Saf-C 3121.
(b) All tractor trailer school instructors shall
comply with the requirements of Saf-C
3121.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
PART Saf-C
3102 DEFINITIONS
Saf-C
3102.01 “Approved program” means a driver
education program authorized by the commissioner of safety or operated in an
approved school pursuant to Ed 306.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.02 “Certificate” means the document
issued by the departments of safety and education that authorizes a person to
instruct driver education.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C 3102.03
“Certified driver rehabilitation specialist (CDRS)” means a person certified by
the Association for Driver Rehabilitation Specialists to plan, develop,
coordinate and implement driver rehabilitation services for individuals with
disabilities.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.04 “Clock hour” means 60 minutes of
driver education instruction.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3102.03)
Saf-C
3102.05 “Commissioners” means the
commissioner of the department of safety and the commissioner of the department
of education.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.06 “Departments” means the
department of safety and the department of education.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.07 “Director” means “director” as
defined in RSA 259:20.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.08 “Division” means “division” as
defined in RSA 259:22.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.09 “Drivers’ school” means
“drivers’ school” as defined in RSA 259:26. The term includes “commercial motor
vehicle drivers’ school and “commercial drivers’ school”.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.10 “License” means the document
issued by the department of safety that authorizes a commercial drivers’
school, private or public high school or tractor trailer school to offer driver
education instruction.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3102.09)
Saf-C
3102.11 “Medical examiner” means a
person licensed, certified or registered to perform medical examinations. The
term includes “physician”, “physician assistant” or “advanced practice
registered nurse”.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3102.12 “Professional development” means
approved college courses, in-service seminars or workshops, institutes or
research that are directly related to driver education.
Source. #9568, eff 10-17-09
Saf-C
3102.13 “Resident” means “resident” as
defined in RSA 259:88.
Source. #9568, eff 10-17-09
PART Saf-C 3103
INSTRUCTOR QUALIFICATIONS
Saf-C
3103.01 Required Qualifications. All applicants for driver education
instructor certification shall meet the requirements of this part prior to
submitting an application as set forth in Saf-C 3104.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3103.02 Driving Experience.
(a) All applicants for driver education
instructor certification shall:
(1) Hold a
valid driver license for the class(es) of vehicle for which they intend to
instruct; and
(2) Have a
minimum of 5 consecutive years as a licensed driver immediately prior to the
date of application.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3103.03 Physical Examination.
(a) All applicants for driver education
instructor certification shall provide the department of safety with a current
physical examination signed by a medical examiner. For the purposes of this section, “current” means the physical
examination has been completed no later than 90 days prior to the date of
application.
(b) The physical examination shall be completed
during the following periods:
(1) The
application process for a provisional certificate;
(2) The
application process for a standard certificate; and
(3) Each
renewal.
(c) The physical examination report shall include
the following:
(1) Applicant’s
name and address;
(2) Applicant’s
date of birth;
(3) Applicant’s
height and weight;
(4) A 5 year
medical history, including but not limited to illness, surgery and medication;
(5) Visual
acuity, color perception and horizontal field of vision, including a vision
screening test that indicates that the
applicant’s vision is at least 20/40 in both eyes or at least 20/30 if the
applicant has vision in one eye;
(6) Hearing,
including an audiometric test, that indicates any hearing loss in either of the
applicant’s ears;
(7) Reflexes, including both arms and legs of the
applicant;
(8) Medical
history that the medical examiner determines is important to the applicant’s
performance as a driver education instructor;
(9)
Certification by the medical examiner that the applicant is physically
capable of providing driver education instruction; and
(10) Medical
examiner’s signature and date signed.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3103.04 Written and On-Road
Examinations.
(a) Each applicant for a driver education
instructor certificate shall successfully complete with a grade of 90% or higher, a written 100 question
multiple choice examination conducted by the department of safety.
(b) The written examination shall consist of the
following general topics:
(1) The
operation of a motor vehicle;
(2) Information
contained in the
(3) Motor
vehicle statutes; and
(4) These
rules.
(c) A written examination pursuant to (a) above
shall be valid for a period of one year.
(d) An applicant who has failed the written
examination pursuant to (a) above shall have no more than 3 opportunities in a
one-year period to successfully complete the examination. A period of 10
working days shall pass between the administration of the examinations.
(e) An applicant who has failed the written
examination 3 times in a one-year period shall be permitted to retake the
examination no sooner than one year from the date of the most recent failure.
(f) Each applicant for a driver education
instructor certificate shall successfully complete an on-road examination conducted
by the department of safety.
(g) An applicant who has failed the on-road
examination pursuant to (f) above shall have no more than 3 opportunities in a
one-year period to successfully complete the examination. A period of 10
working days shall pass between the administration of the examinations.
(h) An applicant who has failed the on-road
examination 3 times in a one-year period shall be permitted to take the
examination no sooner than one year from the date of the most recent failure.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3103.05 Instructor Competencies.
(a) All applicants for driver education
instructor certification shall complete a program that provides the following
educational competencies:
(1) Knowledge
of the basic elements of driver and traffic safety education, including:
a. Theories of
accident causation;
b.
Interpretation of the elements of the highway transportation system;
c. Components
of the driving task;
d.
Psychological and physiological factors affecting driver behavior; and
e. Laws and rules
that regulate motor vehicle operation.
(b) The program shall provide instructor
candidates with learning opportunities to expand their skill in the following
areas:
(1) Operating
motor vehicles under normal and adverse weather conditions;
(2) Operating
on various types of roadways to enable their students to acquire knowledge in
driving techniques; and
(3) Operating
on various types of roadways to enable their students to acquire knowledge in
sharing the roadway with other highway users, including:
a. Motorcyles;
b. Trucks;
c. Bicycles;
d. Trains;
e. Wildlife,
including moose; and
f. Pedestrians,
including blind pedestrians.
(c) The program shall provide supervised and evaluated
professional instructing experiences in the classroom, behind-the-wheel
instruction and in-car observation.
(d) The program shall provide the instructor
candidates with knowledge of the organization and management of a driver and
traffic safety education program, including.
(1) Developing
and maintaining a localized curricula;
(2) Lesson
plans; and
(3) Completion
of required forms and other record-keeping required by the departments.
(e) The program shall provide the instructor
candidates with the following:
(1) Knowledge
of the processes of human growth, development and learning, including the
characteristics of particular age groups such as adolescents or adults;
(2) Skills in
recognizing, analyzing, evaluating and employing specific teaching and
diagnostic techniques and instructional materials appropriate to classroom and
behind-the-wheel environments;
(3) The ability
to work effectively with educationally or physically disabled students in the
classroom; and
(4) Information
pertaining to the active involvement and on-going communication with a
student’s parent, legal guardian or supervising adult, including the
development of parent nights and interventions, if necessary.
(f) The program shall provide the instructor candidates
with knowledge of the effects of alcohol and drug use, as it relates to
decision-making and driving behaviors.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
PART Saf-C 3104
APPLICATION PROCESS
Saf-C
3104.01 Forms.
(a) Whenever a person is required to complete a
form, the following shall apply:
(1) Forms shall
be filled out completely; and
(2) Forms shall
be typewritten or completed in a legible manner.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3104.02 Incomplete Form.
(a) All forms shall be reviewed by the division
in accordance with RSA 541-A:29.
(b) The submitting party shall be notified of any
apparent errors or omissions and allowed to
resubmit the form to the division.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRES: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3104.03 Failure to Comply with
Statute or Rule.
(a) In the
event an applicant fails to comply with an applicable statute or rule, the
application
shall not be processed.
(b) The applicant shall be notified of the
reason(s) for the rejection.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3104.04 Application Forms.
(a) Application forms may be obtained from the NH
department of education,
(b) A completed application form shall include
the following:
(1) Proof of
driving experience as set forth in Saf-C 3103.02;
(2) Report of physical
examination as set forth in Saf-C 3103.03;
(3) Successful
completion of written and on-road examinations as set forth in Saf-C 3103.04;
(4) Criminal
history record check;
(5) Fingerprints, upon initial application only,
pursuant to RSA 189:13-a; and
(6) Motor
vehicle record from any state the applicant has held a driver license.
(c) Completed application forms shall be
submitted to the:
Administrator, Safety and Driver Education Programs
NH Department of Education
101 Pleasant Street
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3104.05 Application for Driver
Education Provisional Certificate.
(a) Each applicant for a driver education
provisional certificate shall complete the “Application for Provisional Driver
Education Certificate ”.
(b) Each applicant shall furnish the following on
the “Application for Provisional Driver Education Certificate”:
(1) Applicant’s
name, mailing address, home or cellular telephone number, date of birth and
E-mail address, if applicable;
(2) Name,
mailing address, telephone number and E-mail address, if applicable, of the
applicant’s employer;
(3) High school
education, including:
a. Name of high
school;
b. Location of
high school;
c. Dates
attended; and
d. Date of graduation,
if applicable, or whether a high school equivalency test was taken;
(4) Education
beyond high school, including:
a. Name of
college or university;
b. Location of
college or university;
c. Dates
attended; and
d. Major and
degree awarded, if applicable;
(5) Additional
information that the applicant wants considered, including:
a. Course
title(s);
b. College or
university attended; and
c. Date and
number of credits;
(6) Driver
license information, including:
a. Whether the applicant
holds a valid
b. Whether the
applicant has held a driver license in another state and if so, the name of the
state and for how long the driver license was held; and
c. The driver
license number and date of expiration;
(7) Motor
vehicle record information from any state, including:
a. Whether the
applicant has any motor vehicle convictions and if so, the date of conviction
and nature of each offense; and
b. Whether any
charges are pending and if so, what court and an explanation of the charges;
and
(8) Criminal
record information from any state, including:
a. Whether the
applicant has any criminal convictions and if so, the date of conviction and
nature of each offense; and
b. Whether any
charges are pending and if so, what court and an explanation of the charges.
(c) The applicant shall submit a copy of his/her
high school diploma or a certificate of high school equivalency, and any official
college transcripts.
(d) For the purposes of (b)(7) above, each
applicant shall provide a certified copy of his/her motor vehicle record from
any state the applicant has held a driver license and from any other state the
applicant has obtained a motor vehicle conviction.
(e) For the purposes of (b)(8) above, each
applicant shall provide a certified copy of his/her criminal record from this
state and from any other state the applicant has obtained a criminal
conviction.
(f) The applicant shall sign and date the form
under the penalty of unsworn falsification.
(g) Pursuant to RSA 21-P:14, I(g), a fee of $25
shall be submitted along with the application for a driver education
provisional certificate.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3104.06 Application for Driver
Education Standard Certificate.
(a) Each applicant for a driver education standard
certificate shall complete the “Application for Standard Driver Education
Certificate”.
(b) Each applicant shall furnish the following on
the “Application for Standard Driver Education Certificate”:
(1) Applicant’s
name, mailing address, home or cellular telephone number, date of birth and
E-mail address, if applicable;
(2) Name,
mailing address, telephone number and E-mail address, if applicable, of the applicant’s employer;
(3) High school
education, including:
a. Name of high
school;
b. Location of
high school;
c. Dates
attended; and
d. Date of
graduation, if applicable, or whether a high school equivalency test was taken;
(4) Education
beyond high school, including:
a. Name of
college or university;
b. Location of
college or university;
c. Dates
attended; and
d. Major and
degree awarded, if applicable;
(5) Additional
information that the applicant wants considered, including:
a. Course
title(s);
b. College or
university attended; and
c. Date and
number of credits;
(6) Driver
license information, including:
a. Whether the
applicant holds a valid
b. Whether the
applicant has held a driver license in another state and if so, the name of the
state and for how long the driver license was held; and
c. The driver
license number and date of expiration;
(7) Motor
vehicle record information from any state, including:
a. Whether the applicant
has any motor vehicle convictions and if so, the date of conviction and nature
of each offense; and
b. Whether any
charges are pending and if so, what court and an explanation of the charges;
and
(8) Criminal
record information from any state, including:
a. Whether the
applicant has any criminal convictions and if so, the date of conviction and
nature of each offense; and
b. Whether any
charges are pending and if so, what court and an explanation of the charges.
(c) The applicant shall submit a copy of his/her
high school diploma or a certificate of high school equivalency, and any
official college transcripts.
(d) For the purposes of (b)(7) above, each
applicant shall provide a certified copy of his/her motor vehicle record from
any state the applicant has held a driver license and from any other state the
applicant has obtained a motor vehicle conviction.
(e) For the purposes of (b)(8) above, each
applicant shall provide a certified copy of his/her criminal record from this
state and from any other state the applicant has obtained a criminal
conviction.
(f) The applicant shall sign and date the form
under the penalty of unsworn falsification.
(g) Pursuant to RSA 21-P:14, I(g), a fee of $40
shall be submitted along with the application for a driver education standard
certificate.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM,
eff11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3104.07 Application for Renewal of Driver
Education Standard Certificate.
(a) Each applicant for the renewal of a driver
education standard certificate shall complete the “Application for Renewal of
Standard Driver Education Certificate”.
(b) Each applicant shall furnish the following on
the “Application for Renewal of Standard Driver Education Certificate”:
(1) Applicant’s
name, mailing address, home or cellular telephone number, date of birth and
E-mail address, if applicable;
(2) Name,
mailing address, telephone number and E-mail address, if applicable, of the
applicant’s employer;
(3) Education
beyond high school, including:
a. Name of
college or university;
b. Location of
college or university;
c. Dates
attended; and
d. Major and
degree awarded, if applicable;
(4) Additional
information that the applicant wants considered, including:
a. Course
title(s);
b. College or
university attended; and
c. Date and
number of credits;
(5) Applicant’s
driver license number and date of expiration;
(6) Motor
vehicle record information since the date of the previous application,
including:
a. Whether the
applicant has any motor vehicle convictions and if so, the date of conviction
and nature of each offense; and
b. Whether any
charges are pending and if so, what court and an explanation of the charges;
and
(7) Criminal
record information since the date of the previous application, including:
a. Whether the
applicant has any criminal convictions and if so, the date of conviction and nature
of each offense; and
b. Whether any
charges are pending and if so, what court and an explanation of the charges.
(d) For the purposes of (b)(6) above, each
applicant shall provide a certified copy of his/her motor vehicle record from
any state the applicant has held a driver license and from any other state the
applicant has obtained a motor vehicle conviction.
(e) For the purposes of (b)(7) above, each
applicant shall provide a certified copy of his/her criminal record from this
state and from any other state the applicant has obtained a criminal
conviction.
(f) The applicant shall sign and date the form
under penalty of unsworn falsification.
(g) Pursuant to RSA 21-P:14, I(g), a fee of $40
shall be submitted along with the application for the renewal of a driver
education standard certificate.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
PART Saf-C
3105 APPROVAL PROCESS
Saf-C
3105.01 Approval of Driver Education
Provisional Certificate.
(a) A driver education provisional certificate
shall be issued when the applicant:
(1) Submits a
completed application, along with the appropriate fee, pursuant to Saf-C Saf-C
3104.04 and 3104.05;
(2) Meets the
requirements of Saf-C 3103.02 and Saf-C 3103.05;
(3) Is
physically capable of providing driver education instruction pursuant to Saf-C
3103.03;
(4) Has
successfully completed the written and on-road examinations pursuant to Saf-C
3103.04;
(5) Has no
disqualifying arrests, indictments or convictions on the criminal history
record check pursuant to Saf-C 3106.01(c); and
(6) Has no
disqualifying convictions on the motor vehicle record pursuant to Saf-C
3106.01(e).
(b) An applicant who requests a driver education
provisional certificate in order to instruct driver education in an approved
public or private high school program shall:
(1) Complete
with a grade of C or 75 or higher, a minimum of 8 credits of approved college-level
courses designed to meet the specific minimum instructor competencies set forth
in Saf-C 3103.05; and
(2) Meet any
other certification requirements of the bureau of credentialing of the
department of education to instruct in
(c) An applicant who requests a driver education
provisional certificate in order to instruct driver education in an approved
commercial drivers’ school shall:
(1) Currently
possess a high school diploma or a certificate of high school equivalency; and
(2) Complete
with a grade of C or 75 or higher, a minimum of 8 credits of approved
college-level courses designed to meet the specific minimum instructor
competencies set forth in Saf-C 3103.05.
(d) A driver education provisional certificate
shall be valid for a period of 2 years from the date of issuance of the
certificate.
(e) Upon expiration of an initial driver
education provisional certificate, an applicant may receive one additional
provisional certificate if:
(1) The
applicant has not met the requirements of Saf-C 3105.02(c); or
(2) The
applicant has been subject to an administrative action by the department of
safety during the period of initial driver education provisional certification.
(f) An applicant who has been denied a driver education
provisional certificate shall be provided an opportunity for an administrative
hearing in accordance with the requirements of Saf-C 3106.01.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3105.02 Approval of Driver Education
Standard Certificate.
(a) An applicant may apply for a driver education
standard certificate no sooner than 90 days prior to the expiration of a driver
education provisional certificate.
(b) A driver education standard certificate shall
be issued when the applicant:
(1) Submits a
completed application, along with the appropriate fee, pursuant to Saf-C
Saf-C 3104.04 and 3104.06;
(2) Meets the
requirements of Saf-C 3103.02 and Saf-C 3103.05;
(3) Is
physically capable of providing driver education instruction pursuant to Saf-C
3103.03;
(4) Has no disqualifying
arrests, indictments or convictions on the criminal history
record check pursuant to Saf-C 3106.01(c);
(5) Has no
disqualifying convictions on the motor vehicle record pursuant to Saf-C
3106.01(e); and
(6) Has not
been subject to an administrative action by the department of safety during the
period of driver education provisional certification.
(c) An applicant who requests a driver education
standard certificate in order to instruct driver education in an approved
public or private high school or an approved commercial drivers’ school shall:
(1) Provide
documentation from the department of education of supervised driver education
experience in
a. 60 hours of
classroom instruction, including 2 complete classroom programs; and
b. 240 hours of
behind the wheel instruction, including hours one through 10; and
(2) Have
completed with a grade of C or 75 or higher, a minimum of 8 credits of approved
college-level courses designed to meet the specific instructor competencies set
forth in Saf-C 3103.05.
(d) A driver education standard certificate shall
be valid for a period of 3 years from the date of issuance of the certificate.
(e) An applicant who has been denied a driver
education standard certificate shall be provided an opportunity for an
administrative hearing in accordance with the requirements of Saf-C 3106.01.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3105.03 Approval of Renewal of Driver Education Standard Certificate.
(a) An applicant may apply for the renewal of a
driver education standard certificate no sooner than 90 days prior to the
expiration of a driver education standard certificate.
(b) A renewal of a driver education standard
certificate shall be issued when the applicant:
(1) Submits a
completed application, along with the appropriate fee, pursuant to Saf-C
3104.04 and Saf-C 3104.07;
(2) Meets the
requirements of Saf-C 3103.05;
(3) Is
physically capable of providing driver education instruction pursuant to Saf-C
3103.03;
(4) Has no
disqualifying arrests, indictments or convictions on the criminal history
record check pursuant to Saf-C 3106.01(c);
(5) Has no
disqualifying convictions on the motor vehicle record pursuant to Saf-C
3106.01(e);
(6) Has
documentation of approved professional development and growth in accordance
with Ed 512 during the previous 3 years, including:
a. Name and
description of workshop;
b. The date of
the workshop; and
c. Number of
hours of professional development earned; and
(7) Has
documentation of approved college-level courses completed with a grade of C or
75 or higher during the previous 3 years.
(c) An applicant who has been denied the renewal
of a driver education standard certificate shall be provided an opportunity for
an administrative hearing in accordance with the requirements of Saf-C 3106.01.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3105.04 Expired Driver Education
Standard Certificate.
(a) A person with an expired driver education
standard certificate may apply for a renewal of a driver education standard
certificate if:
(1) The person
provides documentation of approved professional development and growth; and
(2) The person
meets the requirements of Saf-C 3104.07.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New.
#7362, eff 12-1-00; ss by #9331, INTERIM, eff 11-26-08, EXPIRED: 5-25-09
New.
#9568, eff 10-17-09
PART Saf-C 3106
DENIAL OR REVOCATION OR SUSPENSION OF DRIVER EDUCATION INSTRUCTOR CERTIFICATE
Saf-C
3106.01 Disqualification of Applicant.
(a) A person who is denied a driver education
instructor certificate shall not instruct driver education. An owner, manager or supervisor of a driver
education school shall not permit a disqualified person to instruct driver
education.
(b) Each applicant for a driver education
instructor certificate shall be denied certification in the event the
department receives information showing good cause that the person is not of
good character, reputation and fitness to provide driver education instruction.
(c) Good cause that the person is not of good
character, reputation and fitness to provide driver education instruction shall
include the following:
(1) Arrest,
conviction or indictment involving the commission of a crime in which the
applicant used a motor vehicle to commit said crime;
(2) Arrest,
conviction or indictment for deviate behavior such as rape, deviate sexual
relations or sexual assault;
(3) Arrest,
conviction or indictment for an offense resulting in the corruption or
delinquency of a minor child;
(4) Arrest or
indictment for driving a motor vehicle under the influence of alcohol or controlled drugs, leaving the scene of a
motor vehicle accident, reckless driving or driving to endanger;
(5) A
conviction within the preceding 10 years for:
a. Driving a
motor vehicle under the influence of alcohol or controlled drugs;
b. Leaving the
scene of a motor vehicle accident;
c. Reckless
driving;
d. Driving to
endanger, unless in the judgment of the commissioner, the applicant’s
reputation is such that the conviction is unlikely to adversely affect the
applicant’s physical, mental or moral fitness to instruct driver education; or
e. Any offense
set forth in RSA 259:39, I;
(6) Arrest,
conviction or indictment involving the manufacture, illegal transportation,
possession, sale, or use of a controlled drug;
(7) Arrest,
conviction or indictment of
(8) Involvement
in a motor vehicle accident that has a direct bearing on the applicant's
fitness to drive;
(9) A determination
by the driver education supervisor that the applicant is an abuser of alcohol,
prescription drugs or controlled substances;
(10) Financial
responsibility is required and is not on file with the department, if
applicable; or
(11) A determination
by the driver education supervisor that the applicant is a danger to
him/herself or to a child.
(d) Each applicant for a driver education
instructor certificate shall not be eligible for a certificate for one year, if
his/her driver record report has sufficient convictions. For the purposes of this rule, “sufficient
convictions” means 3 accidents with findings of fault, 3 convictions or a
combination of 3 accidents and convictions, within the 24 month period
preceding the date the driver record report is generated.
(e) For the purposes of (d) above, motor vehicle
convictions which shall be considered for disqualification include:
(1) RSA
263:1-a, allowing an improper person to drive a motor vehicle;
(2) RSA 263:2,
failure to display or produce driver license for inspection by an officer;
(3) RSA 263:85,
allowing an improper person to drive a commercial motor vehicle;
(4) RSA 263:13,
failure to abide by driver license restrictions;
(5) RSA 263:92,
driving a motor vehicle with the improper class of driver license;
(6) RSA 263:30,
driving without a motorcycle license;
(7) RSA 265:3,
obedience to a police officer;
(8) RSA 265:9,
obedience to any required traffic control device;
(9) RSA 265:25,
following too closely;
(10) RSA 265:26-a,
driving on a sidewalk;
(11) RSA
265:28, failure to yield the right of way;
(12) RSA
265:30, failure to obey a yield sign;
(13) RSA
265:31, failure to obey a stop or a yield sign;
(14) RSA
265:37, RSA 265:41, failure to use due care;
(15) RSA
265:45, failure to signal turn;
(16) RSA
265:48-51, improper conduct at a railroad crossing;
(17) RSA
265:94, illegal backing;
(18) RSA
265:95, obstruction of driver's view;
(19) RSA
265:96, improperly opening and closing vehicle doors;
(20) RSA
265:99, coasting;
(21) RSA
265:100, following fire apparatus too closely;
(22) RSA
265:106, prohibited carrying of passengers in truck;
(23) RSA
265:60-67, speeding;
(24) RSA
261:75, 261:77, knowing misuse of plates;
(25) RSA
261:76, knowing failure to display plates;
(26) RSA
265:16, failure to drive on right hand side of the road;
(27) RSA
265:18-20, improper passing;
(28) RSA
265:22, crossing yellow line;
(29) RSA
261:61, knowing misuse of registration;
(30) RSA 262:3,
false report of theft;
(31) RSA 262:7,
RSA 262:10, changing or removing vehicle identification;
(32) RSA
262:16, modifying or forging an inspection sticker or registration decal;
(33) RSA
265:54, overtaking and passing a school bus;
(34) RSA 262:1,
alteration of title;
(35) RSA
262:12, taking without owner's consent;
(36) RSA
262:17, odometer tampering;
(37) RSA
263:63, driving without proof of financial responsibility;
(38) RSA
263:64, driving after revocation or suspension;
(39) RSA 264:25,
conduct after an accident;
(40) RSA 265:4,
disobeying a police officer;
(41) RSA
265:75, racing on highway;
(42) RSA
265:79, reckless driving; and
(43) RSA
265:79-b, negligent driving.
(f) The applicant shall be denied a driver education
instructor certificate pending further investigation in the event the applicant
fails to reveal information pertaining to any formal action in any other
jurisdiction, including:
(1) Suspension;
(2) Revocation;
(3) Default; or
(4) Fine requirements.
(g) The applicant and his/her employer or
superintendent shall be notified immediately of any denial of certification in
this section.
(h) Each applicant whose driver education
instructor certificate is denied shall be afforded notice and the opportunity
for an administrative hearing.
(i) Each person requesting a hearing shall
present a written request to the bureau of hearings,
(j) All
administrative hearings shall be conducted in accordance with the provisions of
Saf-C 200.
(k) The scope of the hearing shall include the
following:
(1) Review of
the evidence submitted, pursuant to (b) and (c) above, that supports denial of
a driver education instructor certificate;
(2) Age of
applicant;
(3) Number of
years of driving experience;
(4) Type(s) of
conviction, moving or non-moving;
(5) Past
history as it relates to current convictions;
(6) Mitigating
circumstances;
(7) Evidence of
any alcohol related convictions or violations within the preceding 10 years;
(8) Evidence of
any physical, mental or emotional impairment that would preclude safe operation
of a motor vehicle;
(9) Evidence
that the person is on any medication that would preclude safe operation of a
motor vehicle; and
(10) Any other
evidence indicating the applicant’s fitness to safely drive a motor vehicle or
instruct driver education to pupils, both in the classroom and on the road.
(l) The division shall notify the applicant’s
employer or superintendent of any decision from the bureau of hearings.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3106.02 Revocation or Suspension of
Driver Education Instructor Certificate.
(a) Upon receipt of information showing good cause,
the department of safety shall revoke or suspend a driver education instructor
certificate, after notice and the opportunity for an administrative hearing.
(b) Good cause shall include the following:
(1) Arrest,
conviction or indictment involving the commission of a crime in which the
driver used a motor vehicle to commit said crime;
(2) Arrest,
conviction or indictment for deviate behavior such as rape, deviate sexual
relations or sexual assault;
(3) Arrest,
conviction or indictment for an offense resulting in the corruption or
delinquency of a minor child;
(4) Arrest,
conviction or indictment for driving a motor vehicle under the influence of
alcohol or controlled drugs, leaving the scene of a motor vehicle accident,
reckless driving or driving to endanger;
(5) Arrest,
conviction or indictment involving the manufacture, illegal transportation,
possession, sale or use of a controlled drug;
(6) Arrest,
conviction or indictment of
(7) A
determination that a driver's license has been suspended or revoked and has not
been reinstated in this or in any other jurisdiction;
(8) Involvement
in a motor vehicle accident that has a direct bearing on the instructor’s
fitness to drive or instruct driver education;
(9) A
determination that the driver education instructor is an abuser of alcohol,
prescription drugs or controlled substances;
(10) A
determination by the driver education supervisor that the driver education
instructor is a danger to him/herself or to a child being taught by the
instructor;
(11) Financial
responsibility is required and is not on file with the department, if
applicable;
(12) Evidence
that the driver education instructor has altered his/her driver education
instructor certificate;
(13) Evidence
that the certificate holder lent his/her driver education instructor certificate
to any other person;
(14) Evidence
that the driver education instructor has displayed, represents or holds as
his/her own a driver education instructor certificate not issued by proper
authority;
(15) Evidence
that the driver education instructor has displayed or holds any fictitious,
facsimile or simulated driver education instructor certificate;
(16) Evidence
that the driver education instructor has photographed, photostatted, duplicated
or in any other manner reproduced a driver education instructor certificate in
such a way that it could be construed as a valid driver education instructor
certificate;
(17) Evidence
that the driver education instructor has used a false or fictitious name, age, address
or put false information on any application or form or document utilized to
support the application for a driver education instructor certificate;
(18) Evidence
of any medical condition, physical or mental, including but not limited to seizures,
that would preclude safe operation of a motor vehicle; or
(19) Evidence
that the driver education instructor has violated any of these rules or
jeopardized the health, safety or well-being of a student.
(c) Each instructor whose driver education
instructor certificate is sought to be revoked or suspended pursuant to these
rules shall be afforded notice and the opportunity for an administrative
hearing.
(d) Each person requesting a hearing shall
present a written request to the bureau of hearings,
(e) All administrative hearings shall be
conducted in accordance with the provisions of Saf-C 200.
(f) The scope of the hearing shall include the
following:
(1) Review of the evidence submitted, pursuant to (a)
and (b) above, that supports the revocation or suspension of a driver education
instructor certificate;
(2) Age of
applicant;
(3) Number of
years of driving experience;
(4) Type(s) of
conviction, moving or non-moving;
(5) Past history
as it relates to current convictions;
(6) Mitigating
circumstances;
(7) Evidence of
any alcohol related convictions or violations within the preceding 10 years;
(8) Evidence of
a physical, mental or emotional impairment that would preclude safe operation
of a motor vehicle;
(9) Evidence
that the person is on any medication that would preclude safe operation of a
motor vehicle; and
(10) Any other
evidence indicating the driver education instructor’s fitness to safely drive a motor vehicle or instruct driver
education to pupils, both in the classroom and on the road.
(g) The division shall notify the applicant’s
employer or superintendent of any decision from the bureau of hearings.
(h) Notwithstanding (a) above, the director shall
revoke a driver education instructor certificate immediately, pursuant to RSA
263:59, if he/she receives evidence that the driver education instructor:
(1) Is
physically or mentally an improper or incompetent person to drive;
(2) Is driving
improperly so as to endanger the public;
(3) Is
appealing a conviction of a violation of any provision of title XXI; or
(4) Has made a
material false statement in his/her application.
(i) Any person whose driver education instructor certificate
has been revoked pursuant to (h) above, shall be entitled to an administrative
hearing in accordance with the provisions of Saf-C 200.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3105.03)
Saf-C
3106.03 Effect of Revocation or
Suspension on License. If a hearings
examiner revokes or suspends a driver education instructor certificate and
determines that the conduct of the instructor has a direct bearing on the
operation of a commercial drivers’ school, a hearing shall be scheduled to
determine whether to suspend or revoke the commercial drivers’ school license.
Source. #9568, eff 10-17-09 (from Saf-C 3105.04)
PART Saf-C 3107
INSTRUCTOR CODE OF CONDUCT
Saf-C
3107.01 Responsibility of Instructor. All driver education instructors shall strive
to impart knowledge through effective instruction to provide the skills to
attain and encourage the formulation of safe driving habits.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3106.01)
Saf-C
3107.02 Duties of Instructor.
(a) A driver education instructor shall:
(1) Protect
students from physical harm by working to maintain a safe and healthy
environment free of violence, drugs, alcohol, tobacco, sexual harassment or
other illegal influence;
(2) Provide an
environment of mutual respect at all times;
(3) Recognize
the constitutional rights and responsibilities of students and provide services
without discrimination;
(4) Refrain
from using his/her professional position to take personal advantage of students
or their parents or guardians;
(5) Respond to
calls or inquiries from parents or guardians of students within a reasonable
period of time;
(6) Abstain
from using obscene, vulgar or offensive language or gestures when conducting
any portion of a driver education program;
(7) Abstain from
eating, except where medically necessary, or smoking when conducting any
portion of a driver education program; and
(8) Abstain
from using a cellular phone when conducting any portion of a driver education
program, except in the event of an emergency.
(b) The requirements of (a)(7) above shall not
apply to instructors during breaks.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3106.02)
PART Saf-C 3108
HIGH SCHOOL DRIVER EDUCATION PROGRAM
Saf-C 3108.01
Application for Approval of
(a) Each applicant for approval as a private high
school driver education program shall complete the “Secondary School Education
Program Form”, on an annual basis.
(b) Each applicant shall furnish the following on
the “Secondary School Education Program Form”:
(1) A list of
instructors, including their current certification numbers;
(2) The
proposed program schedules;
(3) Certification that the information regarding
curricula, insurance coverage and use of reimbursement funds, is true and
accurate; and
(4) The
contract with a licensed commercial driver education instructor or commercial
drivers’ school.
(c) The applicant shall sign and date the form
under the penalty of unsworn falsification.
(d) Completed application forms shall be
submitted to the administrator, safety and driver education programs, NH
department of education,
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3107.01)
Saf-C
3108.02
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3107.02)
PART Saf-C 3109
REIMBURSEMENT PROCEDURES FOR PUBLIC AND PRIVATE SCHOOLS
Saf-C
3109.01 Terms of Reimbursement.
(a) All approved
(b) A school shall be reimbursed a maximum of 3
times for an educationally and/or physically disabled student who fails the
course because of his/her disability. To
be eligible for this additional reimbursement, the student shall retake the
entire 10 hours of the behind-the-wheel portion of the program.
(c) Each applicant for reimbursement shall submit
form DSMV 105, to the department of safety.
(d) Each applicant for reimbursement shall
furnish the following on form DSMV 105:
(1) School name
and address;
(2) School
district and number;
(3) SAU number;
(4) Name of
driver education instructor;
(5) The date the
driver education program was started and completed;
(6)
Certification that the students are in-state residents and have
completed the driver education program;
(7) Total
number of students qualifying for reimbursement;
(8) Name, date of
birth, address, and telephone number, if available, of each student;
(9) Certificate
number on certificate of course completion, form DSMV 210, along with any
voided certificate numbers; and
(10) Whether
each student passed or failed the driver education program.
(e) The principal or superintendent shall sign
and date the form under the penalty of unsworn falsification.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3108.01)
Saf-C
3109.02 Use of Reimbursement Funds. Reimbursement funds shall only be used in
accordance with the provisions of RSA 263:52.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3108.02)
Saf-C
3109.03 Deadlines for Filing
Reimbursement Requests.
(a) All requests for reimbursement shall be
submitted to the department of safety as follows:
(1) Not later
than March 1;
(2) Not later
than June 1;
(3) Not later
than September 1; and
(4) Not later
than December 1.
Source. #9568, eff 10-17-09 (from Saf-C 3108.03)
Saf-C
3109.04 Non-Resident Enrollee.
(a) No public or private high school shall be
reimbursed for a student who is not a
(b) A student’s residency shall be determined
based upon the residential address in the school’s enrollment records.
Source. #9568, eff 10-17-09 (from Saf-C 3108.04)
Saf-C
3109.05 Irregular Attendance. No public or private high school shall be
reimbursed for a student who fails to meet the minimum attendance requirements
set forth in Saf-C 3114.04.
Source. #9568, eff 10-17-09 (from Saf-C 3108.05)
Saf-C
3109.06 High School Contracts for
(a) High schools that provide instruction on a
contracted basis with a licensed commercial driver education instructor shall
be eligible for reimbursement of students within the SAU if the high school has
obtained approval from the departments pursuant to Saf-C 3113.
(b) Approval pursuant to (a) above shall be
requested annually, prior to the start of the school year, or whenever there is
a change in the contract or service provider.
(c) Notwithstanding (a) above, private high
school programs that provide instruction on a contracted basis with a licensed
commercial driver education instructor shall be eligible for reimbursement of
students enrolled within the private high school.
(d) Notwithstanding (a) above, a commercial
driver education instructor who has a contract with more than one high school
located in separate SAU’s shall be eligible for reimbursement for the students
enrolled in the separate SAU’s, if the instructor combines programs at one of
the high school locations.
Source. #9568, eff 10-17-09 (from Saf-C 3108.06)
PART Saf-C 3110
HIGH SCHOOL FACILITIES AND EQUIPMENT
Saf-C
3110.01 Facilities and Equipment. All approved public and private high school
driver education programs shall comply with the requirements of Saf-C 3112.02.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3109.01)
Saf-C
3110.02 Non-Compliance. If the commissioners or their designees
determine that an approved public or private high school driver education
program is not in compliance with these rules, the departments shall notify the
SAU.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3109.02)
PART Saf-C 3111
COMMERCIAL DRIVERS’ SCHOOL LICENSE
Saf-C
3111.01 License Required. Pursuant to RSA 263:44, all commercial
drivers’ schools shall be licensed.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3110.01)
Saf-C
3111.02 Commercial Drivers’ School
Application.
(a) Each applicant for a commercial drivers’
school shall complete the “Commercial Motor Vehicle Drivers’ School
Application”.
(b) Each applicant for a commercial drivers’
school shall furnish the following on the “Commercial Motor Vehicle Drivers’
School Application”:
(1) Applicant’s
name, address, date of birth and E-mail address, if applicable;
(2) School’s
name, address, telephone number and E-mail address, if applicable;
(3) Address of
classroom, if different from (b)(2) above;
(4) Type of
business entity;
(5) Name, address
and telephone numbers of all partners and corporate officers, if applicable;
(6) Whether the
applicant, partners or corporate officers have been convicted of any crime and
if so, the date of conviction, nature of the offense and explanation;
(7) Whether the
applicant, partners or corporate officers have previously been licensed to
operate a drivers’ school in
(8) Whether the
school is being conducted with any other business;
(9) Name and
address of any public or private high schools that the applicant has contracted
with to provide driver education instruction, if applicable;
(10) School
employee information, including:
a. Name;
b. Address;
c. Date of
birth;
d. Telephone
number; and
e. License
certificate number and state of issuance; and
(11)
Information pertaining to vehicles which will be used by the school,
including:
a. Make and
model;
b. Year of
manufacture;
c. Registration
number; and
d. Certification
that the vehicle complies with all applicable laws and rules.
(c) Each applicant, partners and officers shall
submit their motor vehicle record from
(d) Each applicant shall sign and date the form
under the penalty of unsworn falsification.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3110.02)
Saf-C
3111.03 Approval of Commercial
Drivers’ School.
(a) A commercial drivers’ school license shall be
issued when the applicant:
(1) Submits a
completed application, pursuant to Saf-C 3111.02;
(2) Meets the requirements
of Saf-C 3111.07, Saf-C 3112 and Saf-C 3115;
(3) Pays the
appropriate fee, pursuant to RSA 263:44; and
(4) Has no
grounds for denial, pursuant to RSA 263:50 or these rules.
(b) All commercial drivers’ school licenses shall
expire on December 31st of each year.
(c) A commercial drivers’ school license shall be
visibly displayed in accordance with the requirements of RSA 263:44.
(d) An applicant who has been denied a commercial
drivers’ school license shall be provided an opportunity for an administrative
hearing in accordance with the requirements of RSA 263:47 and Saf-C 3106.01.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09
Saf-C
3111.04 Renewal of Commercial
Drivers’ School License.
(a) A renewal of a commercial drivers’ school
license shall be issued when the applicant:
(1) Submits a
completed application, pursuant to Saf-C 3111.02; and
(2) Pays the
appropriate fee, pursuant to RSA 263:44.
Source. #9568, eff 10-17-09
Saf-C
3111.05 Change of Ownership. In the event of a change of ownership or
interest in the commercial drivers’ school, an application for a new license
shall be filed pursuant to Saf-C 3111.02.
Source. #9568, eff 10-17-09 (from Saf-C 3110.03)
Saf-C
3111.06 Change of Name or Address.
(a) Prior to changing the name or address of a
commercial drivers’ school, the owner shall notify the department of safety.
(b) A change of classroom location shall require
an inspection pursuant to Saf-C 3112.02(b).
A school shall not operate at the new location until it has received
approval from the department of safety.
Source. #9568, eff 10-17-09 (from Saf-C 3110.04)
Saf-C
3111.07 Experience.
(a) Operators and persons in charge of a
commercial drivers’ school shall have at least 300 hours prior supervised experience
in actively instructing driver education.
The 300 hours shall consist of at least 60 hours of classroom
instruction and at least 240 hours of behind-the-wheel instruction.
(b) Operators and persons in charge of a
commercial drivers’ school shall have at least one calendar year of prior
supervised experience in an approved
(c) A driver education provisional certificate
holder shall not own, operate or manage a commercial drivers’ school.
(d) Operators and persons in charge of a
commercial drivers’ school shall submit documentation of a minimum of 2 full
classroom programs to the department.
Source. #9568, eff 10-17-09 (from Saf-C 3110.05)
Saf-C
3111.08 Terminating Business Services. After a course has begun, a commercial
drivers’ school that is going out of business or is under a suspension or
revocation, shall ensure that the course is completed by all students presently
enrolled or that it finds the means for those students to complete the course.
Source. #9568, eff 10-17-09 (from Saf-C 3110.06)
Saf-C
3111.09 Return of Records.
(a) For the purposes of this rule, “records shall
include documents, forms, reports and licenses.
(b) Prior to the suspension, revocation or
closing of a commercial drivers’ school, all records shall be returned to the
department of safety.
(c) Failure to comply with (b) above shall result
in the refusal to issue a commercial drivers’ school license if the school
subsequently submits a new application pursuant to Saf-C 3111.02.
Source. #9568, eff 10-17-09 (from Saf-C 3110.07)
Saf-C
3111.10 Suspension or Revocation.
(a) Each commercial drivers’ school whose license
is sought to be suspended or revoked pursuant to these rules or for a violation
of RSA 263:51 shall be afforded notice and the opportunity for an
administrative hearing at the bureau of hearings at the department of safety.
(b) All administrative hearings shall be
conducted in accordance with the provisions of Saf-C 200.
Source. #9568, eff 10-17-09
PART Saf-C 3112
DRIVERS’ SCHOOL FACILITIES
Saf-C
3112.01 Multiple Vehicle Driving
Range.
(a) Multiple vehicle driving ranges shall:
(1) Be designed
to simulate driving conditions on local streets and to provide space for
driving drills;
(2) Be supplied
with at least 2 vehicles;
(3) Be equipped
with a mode of communication between instructors and operators of the range;
and
(4) Not be
operated with more than 2 students in each vehicle.
(b) The department of safety shall approve each multiple
vehicle driving range to ensure compliance with these rules.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3111.01)
Saf-C
3112.02 Facilities and Equipment.
(a) All drivers’ schools shall provide:
(1) Space for a
classroom which:
a. Is free from
any disturbing influence;
b. Is used exclusively
for driver education instruction during the classroom period;
c. Has a
minimum of 20 square feet per student, unless in a public or private high
school that requires 32 or 36 square feet ;
d. Has a
minimum classroom facility of 300 square feet, unless in a public or private
high school that requires 800 square feet; and
e. Has adequate
heat, light and ventilation;
(2) A text book
issued to each student pursuant to Saf-C 3116.01;
(3)
Supplemental teaching aids, including:
a. Diagrams;
b. Reference
books;
c. Pamphlets;
d. Driver
manuals; and
e. Other
audio-visual material;
(4) A
blackboard, flip-chart or equivalent that measures at least 4 feet by 3 feet;
(5) A Snellen eye
chart or equivalent, for use when administering a vision test; and
(6) A VCR or
DVD and a monitor or projector with at least a 19-inch screen.
(b) Each drivers’ school shall be inspected by
the department of safety, upon initial application for a commercial drivers’
school license and every 2 years thereafter, to ensure compliance with this
section.
(c) Each request for an initial approval of a
classroom facility shall require an inspection pursuant to RSA 153:14, II by
the state fire marshal, local fire department chief or his/her designee. A copy of the inspection report shall be
submitted to the department of safety at the time of application for approval.
Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff
3-22-98, EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09 (from Saf-C 3111.02)
Saf-C
3112.03 Non-Compliance.
(a) Upon inspection, if a drivers’ school fails
to comply with the requirements of Saf-C
3112.02, notice shall be provided as follows:
(1) If the
drivers’ school has not previously failed to comply, the department of safety
shall provide written notice, including:
a. The specific
requirements of Saf-C 3112.02 that have not been met;
b. The drivers’
school shall have 30 days to comply;
c. The drivers’
school shall be reinspected at the conclusion of the 30 day period; and
d. After
reinspection, no further action shall be taken if the drivers’ school meets the
requirements of Saf-C 3112.02; and
e. After
reinspection, if the drivers’ school still does not meet the requirements of
Saf-C 3112.02, the drivers’ school shall
be afforded an opportunity for a hearing, pursuant to (b) below; and
(2) If the drivers’ school has previously failed to
comply, the department of safety shall provide written notice of the specific
requirements of Saf-C 3112.02 that have not been met and the drivers’ school
shall be afforded an opportunity for a hearing, pursuant to (b) below.
(b) The scope of the hearing shall be whether the
drivers’ school failed to have the required facilities and/or equipment
pursuant to Saf-C 3112.02.
(c) If the hearings examiner finds that the
drivers’ school failed to have the required facilities and/or equipment
pursuant to Saf-C 3112.02, he/she shall:
(1) Suspend the
commercial drivers’ school license for at least 30 days, none of which shall be
held in abeyance; and
(2) Require
compliance with the requirements of Saf-C 3112.02 prior to reinstatement of the
commercial drivers’ school license.
(d) The provisions of (a) above shall not apply
if immediate action is necessary pursuant to RSA 541-A:30, III, to protect the
health, safety or welfare of the public.
(e) If a hearings examiner revokes or suspends a
commercial drivers’ school license and determines that the conduct that led to
the suspension or revocation has a direct bearing on the owner or operator’s
fitness to instruct driver education, a hearing shall be scheduled to determine
whether to suspend or revoke the driver education instructor certificate.
New. #9568, eff 10-17-09 (from Saf-C 3111.03)
PART Saf-C 3113
COMMERCIAL DRIVERS’ SCHOOL CONTRACTING WITH A PUBLIC OR PRIVATE HIGH
SCHOOL
Saf-C
3113.01 Driver Education Program
Evaluation.
(a) A public or private high school may contract with a commercial drivers’ school to provide a driver education program.