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, 23 Hazen Drive, Concord, N.H.  03305.

 

(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 New Hampshire motor vehicle or criminal laws or law of any other jurisdiction, that has a direct bearing on the applicant’s fitness to hold a driver education instructor certificate;

 

(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 New Hampshire instructor certification.

 

(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 New Hampshire Motorcycle Rider Training Instructor Certification.

 

(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

2 Jenner Street, Suite 150

Irvine, CA 92618-3806

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

2 Jenner Street, Suite 150

Irvine, CA 92618-3806

Telephone Orders: (949) 727-3227

Web Site: www.nsf-usa.org