Saf-C 5300 Motorcycle Ed

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 basic rider 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

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/her driver license.

Source. #8403, eff 8-2-05

Saf-C 5301.03 "Chief instructor" means "chief instructor" as defined in RSA 263:34-a, I.

Source. #8403, eff 8-2-05

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

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

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

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

Saf-C 5301.08 "Department" means "department" as defined in RSA 259:19.

Source. #8403, eff 8-2-05

Saf-C 5301.09 "Director" means "director" as defined in RSA 259:20.

Source. #8403, eff 8-2-05

Saf-C 5301.10 "Experienced rider course (ERC)" means an experienced rider course established by the motorcycle safety foundation (MSF) for experienced riders.

Source. #8403, eff 8-2-05

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/her driver license.

Source. #8403, eff 8-2-05

Saf-C 5301.12 "Fund" means "fund" as defined in RSA 263:34-a, II.

Source. #8403, eff 8-2-05

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

Saf-C 5301.14 "Intermediate rider course (IRC)" means an intermediate or remedial rider course designed for students who:

(a) Have completed the BRC and passed both the written and skills evaluation; or

(b) Have completed the BRC within the previous 12 months and have the potential to pass the skill test with additional instruction.

Source. #8403, eff 8-2-05

Saf-C 5301.15 "Moped" means "moped" as defined in RSA 259:57.

Source. #8403, eff 8-2-05

Saf-C 5301.16 "Motorcycle" means "motorcycle" as defined in RSA 259:63.

Source. #6144, eff 12-21-95, EXPIRED 12-21-03

Saf-C 5301.17 "Motorcycle rider education program" means "motorcycle rider education program" as defined in RSA 263:34-a, III. The term includes the BRC, IRC and ERC.

Source. #8403, eff 8-2-05

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

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

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

Saf-C 5301.21 "Program coordinator" means "program coordinator" as defined in RSA 263:34-a, IV.

Source. #8403, eff 8-2-05

Saf-C 5301.22 "Range" means a paved area marked or delineated for practicing and testing a student's motorcycle riding skills.

Source. #8403, eff 8-2-05

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

Saf-C 5301.24 "Refresher course" means a mandatory, annual course which all instructors must complete in order to maintain his/her status as an instructor.

Source. #8403, eff 8-2-05

Saf-C 5301.25 "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

Saf-C 5301.26 "Skill test" 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

Saf-C 5301.27 "Written test" 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. #8403, eff 8-2-05

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; and

(2) Submit an application to the director.

(b) The department shall furnish instructor application forms, at the motorcycle rider education program, Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305.

(1) Name, address, and telephone number;

(2) Date of birth;

(3) Occupation;

(4) Name of current employer, if applicable;

(5) Criminal convictions, if applicable;

(6) Year of high school graduation;

(7) Date and level of education last completed;

(8) Teaching experience, if any;

(9) Motorcycle operator license number, state of issuance and date of issuance;

(10) Motor vehicle convictions, if applicable;

(11) Number of years the applicant has operated a motorcycle;

(12) Type of motorcycle the applicant owns, if applicable;

(13) Applicant's level of motorcycle riding experience, measured by the number of miles or number of years; and

(14) Name of motorcycle rider courses previously completed, if applicable.

(d) The applicant shall submit, in writing, a description in his/her own words of the reasons why he/she wants to be an instructor.

(e) The applicant shall submit a statement that he/she understands and agrees to instruct MSF curricula as adopted by the department.

(f) For the purposes of (c)(5) above, the applicant shall provide a copy of his/her criminal record.

(g) For the purposes of (c)(10) above, the applicant shall provide a copy of his/her driving record.

(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

Saf-C 5302.02 Instructor Training Standards.

(a) Each instructor-trainee shall complete the 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.

(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 skill test;

(2) A written test; 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

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

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 New Hampshire instructor certification.

(b) Each applicant shall submit the following on the prescribed form:

(1) Name, address, and telephone number;

(2) Date of birth;

(3) Occupation;

(4) Name of current employer, if applicable;

(5) Motorcycle operator license number, state of issuance and date of issuance;

(6) Criminal convictions, if applicable;

(7) Year of high school graduation;

(8) Date and level of education last completed;

(9) MSF instructor number; and

(10) Location and completion date of the following:

a. Instructor preparation course;

b. BRC certification; and

c. ERC certification.

(11) Number of years the applicant has operated a motorcycle;

(12) Type of motorcycle the applicant owns, if applicable; and

(13) Applicant's level of motorcycle riding experience, measured by the number of miles or number of years.

(c) Pursuant to RSA 263:34-d, III, the applicant shall provide a certified copy of his/her driving record for the preceding 5 years.

(d) For the purposes of (b)(6) above, the applicant shall provide a certified copy of his/her criminal record.

(e) The applicant shall submit a statement that he/she understands and agrees to instruct MSF curricula as adopted by the department.

(f) The applicant shall sign and date the form.

(g) Each applicant shall successfully complete:

(1) An interview with the program coordinator; and

(2) A skill test.

(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)

Saf-C 5302.05 Maintaining Instructor Certification.

(a) In order to maintain instructor certification, each certified instructor shall:

(1) Submit an instructor application form pursuant to Saf-C 5302.01(c) 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) Maintain a current valid driver license with a motorcycle endorsement; and

(6) 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

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

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

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

Saf-C 5303.04 Duties of Range Aide.

(a) The range aide shall:

(1) Set up and organize range equipment; 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

PART Saf-C 5304 COURSE STANDARDS

Source. #6144, eff 12-21-95, EXPIRED: 12-21-03

New. #8403, eff 8-2-05

Source. #6144, eff 12-21-95, EXPIRED: 12-21-03

New. #8403, eff 8-2-05

Saf-C 5304.03 IRC.

(b) Course subject matter for the IRC shall vary depending upon the needs of the individual remedial students.

(1) Has completed the BRC and passed both the written test and skill test; or

(2) Has completed the entire BRC within the previous 12 months and has the potential to pass the skill test with additional instruction.

(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/she has failed the BRC written test.

Source. #6144, eff 12-21-95, EXPIRED: 12-21-03

New. #8403, eff 8-2-05

PART Saf-C 5305 STUDENT REGISTRATION

Saf-C 5305.01 Student Application.

(a) The department shall furnish each interested person with an application to register for a motorcycle rider education program course.

(b) The applicant shall furnish the following on the prescribed form:

(1) Name;

(2) Address;

(3) Date of birth;

(4) Driver license number;

(5) Telephone number; and

(6) Signature of applicant and date signed.

Source. #6144, eff 12-21-95, EXPIRED: 12-21-03

New. #8403, eff 8-2-05

Saf-C 5305.02 Tuition.

(a) The department shall charge the following tuition fees:

(1) For the BRC, $110.00 per student;

(2) For the ERC, $60.00 per student; and

(3) For the IRC, $50.00 per student.

(b) Pursuant to Saf-C 263:34-b, VI, the director shall authorize each contractor to charge the following tuition fees:

(1) For the BRC, a maximum of $500.00 per student;

(2) For the ERC, a maximum of $250.00 per student; and

(3) For the IRC, a maximum of $200.00 per student.

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

Saf-C 5305.03 Failure to Complete Course.

(a) In the event a student fails to complete a course, the instructor shall furnish the following on the prescribed form:

(1) Name;

(2) Course site;

(3) Statement of the reason for the departure; and

(4) Signature of instructor and date signed.

(b) The instructor shall provide a statement of the student's performance up to the point of departure.

Source. #6144, eff 12-21-95, EXPIRED: 12-21-03

New. #8403, eff 8-2-05

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.

(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/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)

PART Saf-C 5306 STUDENT REQUIREMENTS

Saf-C 5306.01 Registration. Each student enrolled in the 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

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

Saf-C 5306.03 Driver License.

(a) Each student enrolled in a BRC shall produce a New Hampshire driver license or proof that he/she is eligible for a motorcycle learner's permit pursuant to RSA 263:34-b, IV.

Source. #6144, eff 12-21-95, EXPIRED: 12-21-03

New. #8403, eff 8-2-05

Saf-C 5306.04 Waiver.

(a) Each student shall complete a liability waiver form 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

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 the 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 test required for a motorcycle operator's license or endorsement if:

(1) He/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.

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

PART Saf-C 5308 MOTORCYCLES

Saf-C 5308.01 Qualifications.

(a) Each student enrolled in an ERC shall use his/her own motorcycle.

(b) Each student enrolled in an ERC pursuant to (a) above shall be responsible for the safety of his/her own motorcycle.

(c) No moped, 3-wheel motorcycle 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

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

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

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 skill and written test 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

Appendix

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 5302.01-5302.05	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