CHAPTER Saf-C 5300 MOTORCYCLE RIDER EDUCATION PROGRAM RULES
Statutory
Authority: RSA 263:34-c.
PART Saf-C 5301
DEFINITIONS
Saf-C 5301.01 "Basic rider course (BRC)" means a
course established by the motorcycle safety foundation (MSF) for beginning
riders.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.02 "Beginning rider" means a student
who has:
(a) Little or no previous motorcycle riding
experience; and
(b)
Not obtained a valid motorcycle endorsement on his or her driver license
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.03 "Chief instructor" means
"chief instructor" as defined in RSA 263:34-a, I.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5301.04 "Class" means a group of
students enrolled in any one motorcycle rider education
program course.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.05 "Contract" means an agreement in
which the contractor provides motorcycle rider education program services as
specified by the department.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.06 "Contractor" means any agency,
organization, partnership or person under contract with the department to
provide motorcycle rider education program services.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.07 "Course section" means a training
module included within a set of modules comprising classroom or range
instruction for a motorcycle rider education program course or an instructor
preparation course.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.08 "Department" means
"department" as defined in RSA 259:19.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.09 "Director" means
"director" as defined in RSA 259:20.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.10 "Experienced rider course (ERC)"
means a course established by the motorcycle
safety foundation (MSF) for experienced riders.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.11 "Experienced rider" means a
motorcyclist who has:
(a) Substantial motorcycle riding experience; or
(b) Previously obtained a valid motorcycle
endorsement on his or her driver license.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.12 "Fund" means "fund" as
defined in RSA 263:34-a, II.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.13 "Instructor preparation course" means
a course established by the motorcycle safety foundation (MSF) which an
instructor-trainee must take and pass in order to become an instructor. The
term includes "rider coach preparation workshop".
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.14 "Intermediate rider course (IRC)"
means an intermediate or remedial rider course designed for students who:
(a)
Have completed a BRC and passed both the written and skills evaluation; or
(b) Have completed a BRC and passed the written
evaluation within the previous 12 months but have failed to pass the skills
evaluation.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.15 "Moped" means "moped" as
defined in RSA 259:57.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.16 "Motorcycle" means
"motorcycle" as defined in RSA 259:63.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.17 "Motorcycle rider education
program" means "motorcycle rider education program" as defined
in RSA 263:34-a, III.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.18 "Off-road motorcycle" means, for
the purpose of this chapter, any motorcycle with extended wheel forks or "trail
bikes" as defined in RSA 215-A:1, XIV.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.19 "Out-of-service" means a motorcycle
that is not in a condition to be safely operated by a student during a
motorcycle rider education program.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.20 "Protective gear" means the clothing
and equipment to be worn by instructors and students during all range
activities.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.21 "Program coordinator" means
"program coordinator" as defined in RSA 263:34-a, IV.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.22 "Range" means a paved area marked
or delineated for practicing and evaluating a student's motorcycle riding
skills.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.23 "Range aide" means the person
chosen by the program coordinator to assist the instructors in a
non-instructional role.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.24 "Refresher course" means a
mandatory, annual course which all instructors must complete in order to
maintain his or her status as an instructor.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.25 “Resident” means “resident” as defined in RSA
259:88.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5301.26 "Site manager" means a person who
works directly for the program coordinator to oversee motorcycle rider
education program sites throughout the state.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
(from Saf-C 5301.25)
Saf-C 5301.27 "Skills evaluation" means the basic
or experienced rider course range evaluation to be completed by each student in
order to successfully pass the motorcycle rider education program course.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
(from Saf-C 5301.26)
Saf-C 5301.28 "Written evaluation" means a BRC or
ERC written examination to be completed by each student in order to
successfully pass the motorcycle rider education program course.
Source. #10589, eff 5-14-14 (from Saf-C 5301.27)
PART Saf-C 5302
INSTRUCTOR REQUIREMENTS AND TRAINING STANDARDS
Saf-C
5302.01 Instructor Qualifications.
(a) Each instructor-trainee shall:
(1) Meet the qualifications of RSA 263:34-d, II;
(2) Complete and submit a application to the director
on form DSMV 621 “Motorcycle Rider Training Program Rider Coach Application”
(Rev. 02/14);
(3) Complete and submit a DSSP 256 form “Criminal
Record Release Authorization Form” (Rev. 05/12) to authorize the department to
obtain the applicant’s criminal record; and
(4) Complete and submit a DSMV 505 form “Release
of Motor Vehicle Records” (Rev. 09/12) to authorize the department to obtain
the applicant’s motor vehicle record.
(b) The department shall furnish the forms listed
above at the motorcycle rider education program, Division of Motor Vehicles,
(c) An application shall be accepted if the
applicant:
(1)
Submits all completed forms and meets all of the requirements of Saf-C
5302.01;
(2) Meets
the requirements of RSA 263:34-d;
(3) Has
no disqualifying convictions on the criminal history record check pursuant to
Saf-C 5302.01(d); and
(4) Has
no disqualifying convictions on the motor vehicle record pursuant to Saf-C
5302.01(g);
(d) For the purposes of (c)(3) above,
disqualifying convictions shall include the following:
(1)
Conviction involving the commission of a crime in which the applicant
used a motor vehicle to commit said crime;
(2)
Conviction for deviate behavior such as rape, deviate sexual relations
or sexual assault;
(3) Conviction for an offense resulting in
the corruption or delinquency of a minor child;
(4) A
conviction within the preceding 5 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;
(5)
Conviction involving the manufacture, illegal transportation, possession,
sale, or use of a controlled drug;
(6) Conviction of
(7) Involvement
in a motor vehicle accident that has a direct bearing on the applicant's
fitness to drive; and
(8)
Financial responsibility is required and is not on file with the
department, if applicable.
(f) Each applicant shall not be eligible for hire
for one year, if his or 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.
(g)
For the purposes of (f) 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.
(h) The applicant shall sign and date the form.
(i) Each applicant shall successfully complete an
interview with the program coordinator.
(j)
For the purposes of (i) above, the applicant shall demonstrate:
(1) Concern for rider
safety;
(2) Experience in
motorcycle riding;
(3) Knowledge of
motorcycles; and
(4) An ability to
communicate with others.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5302.02 Instructor Training Standards.
(a) Each instructor-trainee shall complete an
instructor preparation course established by the MSF.
(b) Each instructor-trainee shall complete a liability
waiver statement pursuant to Saf-C 5306.04, for any motorcycle rider education
program he/she is required to attend.
(c) Each instructor-trainee shall reimburse the
department in the amount of $50.00 for its cost of the instructor's guide.
(d) Each instructor-trainee shall attend all
course sections of the instructor preparation course.
(e) In order to pass the instructor preparation
course, each instructor-trainee shall successfully complete:
(1) A skills evaluation;
(2) A written evaluation;
and
(3) A student-teacher
lesson based upon MSF evaluation criteria.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5302.03 Instructor Certification. Upon successful completion of the instructor
preparation course, each instructor shall be issued a certificate of completion
by the chief instructor and a state instructor identification number.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5302.04 Instructors Certified by
Other States.
(a) A person who has been certified as an
instructor in any other jurisdiction may apply for
(b) Each applicant shall complete and submit a
DSMV 620 form “Motorcycle Rider Training Program Instructor Application” (Rev.
03/14).
(c) Pursuant to RSA 263:34-d, III, the applicant
shall provide a certified copy of his or her driving record for the preceding 5
years.
(d) The applicant shall provide a certified copy
of his or her criminal record.
(e) The applicant shall submit a statement that he
or she understands and agrees to instruct MSF curricula as adopted by the
department.
(f) The applicant shall sign and date the DSMV
620 form “Motorcycle Rider Training Program Instructor Application” (Rev.
03/14).
(g) Each applicant shall successfully complete:
(1) An interview with the
program coordinator; and
(2) A skills evaluation.
(h) For the purposes of (g)(1) above, the
applicant shall demonstrate:
(1) Concern for rider safety;
(2) Experience in motorcycle riding;
(3) Knowledge of motorcycles;
and
(4) An ability to
communicate with others.
(i) Upon meeting the requirements of RSA
263:34-d, II and III and these rules, the instructor shall be issued a state
instructor identification number.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05 (from Saf-C 5302.05); ss by #10589, eff 5-14-14
Saf-C
5302.05 Maintaining
(a) In order to maintain instructor
certification, each certified instructor shall:
(1) Submit an rider coach
application form pursuant to Saf-C 5302.01(a)(2) every year;
(2) Teach at least 3 BRCs
for the motorcycle rider education program per year;
(3) Take at least one
refresher course and one professional development workshop per year;
(4) Teach all courses
offered by the motorcycle rider education program according to MSF curricula as
adopted by the department;
(5) Provide a signed document stating his or her
criminal record can be obtained by the department, pursuant to Saf-C
5302.01(a)(3);
(6) Provide a signed document stating his or her
driving record can be obtained by the department, pursuant to Saf-C 5302.01(a)(4);
(7) Maintain a current
valid driver license with a motorcycle endorsement; and
(8) Maintain the
requirements set forth in RSA 263:34-d, II.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05); ss by #10589, eff 5-14-14
PART
Saf-C 5303 DUTIES OF COURSE PERSONNEL
Saf-C
5303.01 Duties of the Site Manager.
(a) The site manager shall:
(1) Check range areas, classrooms
and instructors to ensure that they are in compliance with MSF standards, as
adopted by the department;
(2) Provide each instructor
with classroom materials and range equipment;
(3) Check that all
motorcycles are in-service and that spare parts are available, if necessary, to
repair any motorcycles;
(4) Check that instructors
are properly scheduled for each course;
(5) Maintain incident
reports for all personal injuries and property damage for each site;
(6) Immediately notify the
director and the program coordinator of any personal injuries; and
(7) Provide a written
report of any personal injuries or property damage to the director and the
program coordinator within 48 hours of the incident.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5303.02 Duties of Chief Instructor.
(a) The chief instructor shall:
(1) Assist the department with
establishing and maintaining the motorcycle rider education program; and
(2) Train, evaluate and
certify instructors.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5303.03 Duties of Instructor.
(a) The instructor shall:
(1) Conduct course
sections, according to MSF approved curricula as adopted by the department;
(2) Maintain an
instructor-student ratio of no more than 1 to 6;
(3) Observe that each
student enrolled in a motorcycle rider education program course wears
protective gear;
(4) Inspect each motorcycle
before the beginning of each course;
(5) Supervise all range
activities;
(6) Demonstrate all range
exercises;
(7) Confirm that each
student is properly registered and completes the waiver form, at the beginning
of the classroom portion of the course;
(8) Designate and report to
the chief instructor and program coordinator each student eligible for the IRC
pursuant to Saf-C 5304.03;
(9) Conduct remedial
training during the BRC courses;
(10) Immediately notify the
director, program coordinator and site manager of any personal injuries;
(11) Provide a written
report of any personal injuries or property damage to the site manager within
48 hours of the incident; and
(12) Evaluate student
riding performance and issue completion cards, pursuant to RSA 263:34-b, V.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5303.04 Duties of Range Aide.
(a) The range aide shall:
(1) Set up and organize range
equipment throughout the course; and
(2) Maintain the range area free from debris and
obstructions.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
PART
Saf-C 5304 COURSE STANDARDS
Saf-C
5304.01 BRC. The minimum standards for the BRC shall be as
specified in the MSF BRC RiderCoach Guide, thirteenth printing, April 2010,
copyright 2005-2009, available as stated in Appendix B.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5304.02 ERC. The minimum standards for the ERC shall be as
specified in the MSF BRC 2 Suite, first printing 2010, available as stated in
Appendix B.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5304.03 IRC.
(a) The minimum standards for the IRC shall be as
specified in the MSF BRC RiderCoach Guide, thirteenth printing, April 2010,
copyright 2005-2009, available as stated in Appendix B.
(b) Course subject matter for the IRC shall vary
depending upon the needs of the individual remedial students.
(c) A student shall be eligible for the IRC if he
or she:
(1) Has completed the BRC
and passed both the written evaluation and skills evaluation; or
(2) Has completed the entire
BRC and passed the written evaluation within the previous 12 months but has
failed to pass the skills evaluation.
(d) Notwithstanding (c)(2) above, a student shall
not be eligible for the IRC if the failure of the BRC skill test was a result
of a lack of effort on the student's part.
(e) A student shall not be eligible for the IRC
if he or she has failed the BRC written evaluation.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
PART
Saf-C 5305 STUDENT REGISTRATION
Saf-C
5305.01 Student Application. The department shall furnish each interested
person with an application to register for a motorcycle rider education program
course, DSMV 414 “Motorcycle Training Course Registration Form” (Rev. 03/14),
which such person shall complete and submit to the department.
Source. #6144, eff 12-21-95, EXPIRED:
12-21-03
New. #8403,
eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5305.02 Tuition.
(a) The department shall charge the following
tuition fees:
(1) For a BRC, $155.00 per
resident student and $205.00 per non-resident student;
(2) For an ERC, $65.00 per
resident student and $85.00 per non-resident student; and;
(3) For an IRC, $60.00 per
resident student and $80.00 per non-resident student.
(b) Pursuant to RSA 263:34-b, VI, the director
shall authorize each contractor to charge the following tuition fees:
(1) For a BRC, a maximum of
$500.00 per student;
(2) For an ERC, a maximum of $250.00 per student;
and
(3) For an IRC, a maximum
of $200.00 per student.
(c) Tuition fees shall be non-refundable, except
as provided in Saf-C 5305.04.
Source. #6144, eff 12-21-95; amd by #7022, eff
6-24-99; paragraphs (b) and (c) EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5305.03 Failure to Complete Course. In the event a student fails to complete a
course, the instructor shall complete and submit form DSMV 622 “Motorcycle
Rider Training Program BRC Incomplete Student Report” (Rev. 02/14) to the
department and provide a copy to the student upon request.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5305.04 Refund Procedure.
(a) Each person seeking a refund of the tuition fee
for failure to appear shall notify the director in writing no later than 7 days
after the beginning of the course.
(b) Each person seeking a refund of the tuition
fee for failure to complete a course shall notify the director no later than 7
days after departure from the course.
(c) Each person shall furnish the following in
the notification:
(1) Name;
(2) Address;
(3) Telephone number;
(4) Date of class;
(5) Driver license number;
(6) Reason for failure to appear
for the scheduled course, if applicable; and
(7) Reason for failure to
complete the course and date of departure, if applicable.
(d) The director shall notify the person of his
or her decision within 30 days of receipt of the request.
(e) The director shall make the determination
based upon:
(1) The person's reason for
failure to appear for the scheduled course or failure to complete the course,
such as:
a. Illness;
b. Accident;
c. Death or illness of a family member; or
d. Any other exigent circumstance beyond the
person's control;
(2) The recommendation of
the program coordinator; and
(3) The information
provided pursuant to Saf-C 5305.03, if applicable.
(f) In the event a course is cancelled as a
result of the department's action, each student scheduled for that particular
course shall be issued a refund of the tuition fee or rescheduled for another
available course.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05 (formerly Saf-C 5305.03); ss by #10589, eff 5-14-14
PART
Saf-C 5306 STUDENT REQUIREMENTS
Saf-C
5306.01 Registration. Each
student enrolled in a BRC, IRC, or ERC shall
register pursuant to Saf-C 5305.01(b).
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5306.02 Protective Gear.
(a) Each student shall wear protective gear,
including:
(1) Sturdy gloves made of
leather or a heavy weight material;
(2) Over-the-ankle boot
with a heel no greater than 2.5 inches in height;
(3) Long-sleeved shirt or
jacket;
(4) Long pants made of a
heavyweight material with non-flare bottoms; and
(5) A helmet with eye
protection which meets United States department of transportation (USDOT)
federal motor vehicle safety standard 218.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5306.03 Driver License.
(a) Each student enrolled in a BRC shall:
(1) Produce a valid driver license; or
(2) Provide proof that he/she is eligible for a
motorcycle learner's permit pursuant to RSA 263:32; or
(3) Provide proof of successful completion of an
approved driver’s education program pursuant to 263:19 for those who are under
18 years of age.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5306.04 Waiver.
(a) Each student shall complete the “Motorcycle
Safety Course Waiver & Indemnification” form DSMV 624 (Rev. 04/14) and the “Student
Information form DSMV 623 (Rev. 03/14) at the beginning of the class.
(b) The student shall sign and date the
waiver. If the student is under 18 years
of age, the parent, step parent or legal guardian shall sign and date the
waiver.
(c) The waiver shall release the department from
any liability for injuries to persons or property caused by the negligence of
the student or any other person or entity.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
PART
Saf-C 5307 STUDENT CERTIFICATION
Saf-C
5307.01 Certificate of Completion.
(a) The director shall issue each student who
successfully completes the requirements of a BRC, ERC or IRC a certificate of
completion, form DSMV 391.
(b) Pursuant to RSA 263:34-h, a person shall be
exempt from the licensing skills evaluation required for a motorcycle
operator's license or endorsement if:
(1) He or she presents to the
director a certificate of completion form DSMV 391; and
(2) The certificate of
completion, form DSMV 391, was completed less than one year from the date of
request of the exemption.
(c) The director shall issue a certificate of
completion, form DSMV 391, to each student who successfully passes one of the
following out of state programs:
(1) Any state-approved
motorcycle rider education program which consists of both classroom and riding
segments; or
(2) Any nationally
certified motorcycle rider education program approved by the director.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
PART
Saf-C 5308 MOTORCYCLES
Saf-C
5308.01 Qualifications.
(a) Each student enrolled in an ERC shall use his
or her own motorcycle.
(b) Each student enrolled in an ERC pursuant to
(a) above shall be responsible for the safety of his or her own motorcycle.
(c) No moped or off-road motorcycle shall be used
by a student in the motorcycle rider education program course or instructor
preparation course.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C 5308.02
Daily Inspection.
(a)
The instructor shall inspect every motorcycle before each course begins.
(b)
Any motorcycle, including those utilized in an ERC pursuant to Saf-C
5308.01, determined to be out-of-service by the instructor shall not be
operated until repairs are made.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
PART
Saf-C 5309 FUND ADMINISTRATION
Saf-C
5309.01 Responsibilities of the
Program Coordinator.
(a) The program coordinator shall:
(1) Manage disbursement
from the fund as follows:
a. Prepare an annual budget for the fund;
b. Submit all vouchers to the director for
approval; and
c. Submit contracts to the director for
approval;
(2) Report on an annual
basis to the commissioner and the director the amounts disbursed for:
a. Registration process;
b. Site rental;
c. Storage containers;
d. Promotion;
e. Instructor training;
f. Motorcycles and helmets;
g. Motorcycle maintenance; and
h. Program teaching aids and equipment.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
Saf-C
5309.02 Record Keeping and Reporting
Procedures.
(a) The program coordinator shall maintain the
following records:
(1) A list of all students enrolled in each
class;
(2) Student skills and written evaluation scores;
and
(3) Contract payment or wages for chief
instructors, instructors and range aides.
(b) All records shall be maintained for a period
of 5 years.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New.
#8403, eff 8-2-05; ss by #10589, eff 5-14-14
APPENDIX A
RULE |
STATUTE
IMPLEMENTED |
Saf-C
5301.01-5301.02 |
RSA
541-A:7 |
Saf-C
5301.03 |
RSA
263:34-a, I |
Saf-C
5301.04-5301.07 |
RSA
541-A:7 |
Saf-C
5301.08 |
RSA
259:19 |
Saf-C
5301.09 |
RSA
259:20 |
Saf-C
5301.10-5301.11 |
RSA
541-A:7 |
Saf-C
5301.12 |
RSA
263:34-a, II |
Saf-C
5301.13-5301.14 |
RSA
541-A:7 |
Saf-C
5301.15 |
RSA
259:57 |
Saf-C
5301.16 |
RSA
259:63 |
Saf-C
5301.17 |
RSA
263:34-a, III |
Saf-C
5301.18-5301.21 |
RSA
541-A:7 |
Saf-C
5301.22 |
RSA
263:34-a, IV |
Saf-C
5301.23-5301.28 |
RSA
541-A:7 |
Saf-C
5302.01-5302.06 |
RSA
263:34-c, VI, VII; RSA 263:34-d |
Saf-C
5303.01-5303.04 |
RSA
263:34-c, II |
Saf-C
5304.01-5304.03 |
RSA
263:34-b, I, III; RSA 263:34-c, I, III |
Saf-C
5305.01-5305.04 |
RSA
263:34-b, III, VI; RSA 263:34-c, II, III, V |
Saf-C 5305.02(a) |
RSA 263:34-a through i |
Saf-C
5306.01-5306.04 |
RSA
263:34-b, III, IV; RSA 263:34-c, I, II,III |
Saf-C
5307.01 |
RSA
263:34-b, V; RSA 263:34-c, IV, X; RSA 263:34-h |
Saf-C
5308.01-5308.02 |
RSA
263:34-b, III; RSA 263:34-c, III |
Saf-C
5309.01-5309.02 |
RSA
263:34-b, II; RSA 263:34-c, II, VIII, IX; RSA 263:34-e |
APPENDIX B
Rule |
Title |
Obtain at: |
Saf-C
5304.01; Saf-C
5304.03 |
BRC
RiderCoach Guide, thirteenth printing, April 2010, copyright 2005-2009 |
Communications
Department Motorcycle
Safety Foundation Telephone
Orders: (949) 727-3227 Web
Site: www.nsf-usa.org |
Saf-C
5304.02 |
BRC
2 Suite, first printing, 2010 |
Communications
Department Motorcycle
Safety Foundation Telephone
Orders: (949) 727-3227 Web
Site: www.nsf-usa.org |