CHAPTER Saf-C
3100 DRIVER EDUCATION RULES
Statutory
Authority: RSA 21-P:14, I(a) - (h) and
RSA 263:45.
REVISION NOTE:
Document #12509, effective
4-5-18, readopted, readopted with amendments, or repealed the rules Chapter
Saf-C 3100 on driver education. The
former rules, prior to Document #12509, had last been filed under Document
#9568, effective 10-17-09. These rules
did not expire on 10-17-17 but were extended pursuant to RSA 541-A:14-a until
replaced by the rules filed under Document #12509, effective 4-5-18. Document #12509 replaces all prior filings
for the former rules in Chapter Saf-C 3100.
The changes made by Document
#12509 in Chapter Saf-C 3100 included the insertion of a new definition in
Saf-C 3102.05 of “commercial motor vehicle”, the repeal of the definition in
Saf-C 3102.09 of “drivers’ school”, and the replacement in other rules of
references to “drivers’ school” and “commercial drivers’ school” with “approved
drivers’ school”. The following rule
sections were also repealed or otherwise deleted from the parts in Saf-C 3100
as numbered prior to Document #12509 becoming effective:
PART Saf-C 3104 APPLICATION PROCESS
Section Saf-C
3104.07 Application for Renewal of
Driver Education Standard Certificate.
PART Saf-C 3108 HIGH SCHOOL DRIVER EDUCATION PROGRAM
Section
Saf-C 3108.01 Application for
Approval of Private High School Driver Education Program.
Section Saf-C 3108.02 Public High School Driver Education
Programs.
PART Saf-C 3109 REIMBURSEMENT PROCEDURES FOR PUBLIC AND
PRIVATE SCHOOLS
Section Saf-C 3109.01 Terms of Reimbursement.
Section Saf-C 3109.02 Use of Reimbursement Funds.
Section Saf-C 3109.03 Deadlines for Filing Reimbursement
Requests.
Section Saf-C 3109.04 Non-Resident Enrollee.
Section Saf-C 3109.05 Irregular Attendance.
Section Saf-C 3109.06 High School Contracts for Commercial
School Instruction.
PART Saf-C 3110 HIGH SCHOOL FACILITIES AND EQUIPMENT
Section Saf-C 3110.01 Facilities and Equipment.
Section Saf-C 3110.02 Non-Compliance.
PART Saf-C 3113 COMMERCIAL DRIVERS’ SCHOOL CONTRACTING WITH A
PUBLIC OR PRIVATE HIGH SCHOOL
Section Saf-C 3113.01 Driver Education Program Evaluation.
Section Saf-C 3113.02 Contract Provisions.
PART Saf-C 3114 DRIVER EDUCATION PROGRAM ADMINISTRATION,
ORGANIZATION AND SUPERVISION
Section Saf-C 3114.11 Multiple Vehicle Driving Range.
Section Saf-C 3114.12 Combined Range and Simulator.
Section Saf-C 3114.18 Experimental Methods.
PART Saf-C 3118 REPORTING AND RECORD-KEEPING
Section Saf-C 3118.03 Permanent Record.
Section
Saf-C 3118.04 Cost Records.
PART Saf-C 3119 INSURANCE COVERAGE
Section Saf-C 3119.01 Public and Private High Schools.
Section Saf-C 3119.03 Tractor Trailer Schools.
PART Saf-C 3122 STUDENTS IN NEED OF SPECIAL SERVICES/ACCOMMODATIONS
Section Saf-C 3122.02 Disabled Students Who Need Special
Behind-the-Wheel Instruction.
These changes necessitated the
renumbering of many rules within Chapter Saf-C 3100. The source note information for the rules under
these new numbers contains the document numbers and effective dates for the
rules under the former numbers, which are identified in the source notes. The source note information for the new
definition Saf-C 3102.05 refers only to Document #12509 since this rule did not
exist prior to Document #12509.
PART Saf-C
3101 SCOPE OF RULES
Saf-C 3101.01 Purpose. The purpose of these rules is to provide a
framework for the department of safety to administer and regulate New Hampshire
driver education programs pursuant to 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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3101.02 Department Jurisdiction. Pursuant to RSA 263:19, the department shall
be responsible for setting, maintaining and enforcing quality standards for
driver education in the state.
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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3101.03 Certificates Required. All individuals who provide driver education
instruction in an approved drivers’ school 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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3101.04 Licenses Required. All approved drivers’ 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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3101.05 Applicability. All driver education instructors and approved
drivers’ schools shall comply with the requirements 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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
PART Saf-C 3102
DEFINITIONS
Saf-C 3102.01 “Approved drivers’ school” means a drivers’
school as defined in RSA 259:26 which is licensed by the department.
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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.02 “Certificate” means the document issued by
the department that authorizes a person to instruct driver education in an
approved drivers’ school.
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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100
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); ss
by #12509, eff 4-5-18 (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.05 “Commercial motor
vehicle” means “commercial motor vehicle” as defined in
RSA 259:12-e.
Source. (See Revision Note at chapter heading for
Saf-C 3100) #12509, eff 4-5-18
Saf-C 3102.06 “Commissioner” means the commissioner of the
department of safety.
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; ss by #12509, eff 4-5-18
(formerly Saf-C 3102.05) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.07 “Department” means the department of safety.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3102.06) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.08 “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; ss by #12509, eff 4-5-18
(formerly Saf-C 3102.07) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.09 “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; ss by #12509, eff 4-5-18
(formerly Saf-C 3102.08) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.10 “License” means the document issued by the
department that authorizes an approved
drivers’ 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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
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 (from Saf-C 3102.09); ss
by #12509, eff 4-5-18 (See Revision Note at chapter heading for Saf-C 3100)
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 or the improvement of instructional skills.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09; ss
by #12509, eff 4-5-18 (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3102.13 “Resident” means “resident” as defined in RSA
259:88.
New. #9568, eff 10-17-09; ss
by #12509, eff 4-5-18 (See Revision Note at chapter heading for Saf-C 3100)
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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3103.02 Driving Experience. All applicants for driver education
instructor certification shall:
(a) Hold a valid driver license for the class(es)
of vehicle for which they intend to instruct; and
(b) 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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3103.03 Physical Examination.
(a)
All applicants for driver education instructor certification shall
provide the department with a copy of the applicant’s valid USDOT medical
certificate or a completed current physical examination report Form DSMV 492
(rev 02/18) 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.
(d)
This section shall not apply to instructors at approved commercial
driver license (CDL) drivers’ schools.
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; ss by #12509, eff 4-5-18
(See Revision Note at chapter heading for Saf-C 3100)
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 80% 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 New Hampshire
driver’s manual;
(3) Motor vehicle statutes; and
(4) These rules.
(c) Candidates for
written examination shall not be prohibited from using an unaltered copy of
these rules provided by the department.
(d) A written
examination pursuant to (a) above shall be valid for a period of one year.
(e) An applicant who has
failed the written examination pursuant to (a) above shall not be eligible to
retest for a period of 10 working days between the administration of the
examinations.
(f) Each applicant for a driver education instructor
certificate shall successfully complete a comprehensive
driving examination conducted by the department of safety.
(g) An applicant who has failed the comprehensive
driving examination pursuant to (f) above shall not be eligible to retest for a
period of 10 working days between the administration of the examinations.
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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100); ss by #13171, eff 2-22-21
Saf-C 3103.05 Instructor
Competencies.
(a)
All applicants for driver education instructor certification shall
complete a program that provides knowledge of the basic elements of driver and
traffic safety education, including:
(1) Theories of accident causation;
(2) Interpretation of the elements of the highway
transportation system;
(3) Components of the driving task, including
knowledge of, and the skills in using, a time and space risk management system;
(4) Psychological and physiological factors
affecting driver behavior; and
(5) 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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 these rules, 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
Saf-C 3104.04 Application Forms.
(a)
Application forms may be obtained from:
Department
of Safety
Division
of Motor vehicles
Driver
Education Section
23
Hazen Drive, Concord, NH 03305.
(b)
A completed application 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 263:44-b; and
(6) Motor vehicle record from any state the
applicant has held a driver license.
(c)
Completed application forms shall be submitted to the:
Department
of Safety
Division
of Motor Vehicles
Driver
Education Section
23
Hazen Drive, Concord, NH 03305
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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
Saf-C 3104.05 Application for Driver Education
Certificate.
(a)
Each applicant for a driver education certificate shall complete and
submit the form DSMV 635, “Application for Driver Education Instructor
Certificate” (rev 02/18).
(b)
The applicant shall submit an official copy of his or her college
transcripts.
(c)
The applicant shall provide a certified copy of his or her motor vehicle
record from any state in which the applicant has held a driver license and from
any other state in which the applicant has obtained a motor vehicle conviction.
(d)
Pursuant to RSA 263:44-b, the applicant shall provide a certified copy
of his or her criminal record from this state and from any other state in which
the applicant has obtained a criminal conviction.
(e)
The applicant shall sign and date the form under the penalty of unsworn
falsification.
(f)
If requesting a driver education provisional certificate, a fee of $25
shall be submitted along with the application.
(g)
If requesting a driver education standard certificate, a fee of $40
shall be submitted along with the application.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New.
#9568, eff 10-17-09; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
Saf-C 3104.06 Application for Renewal of Driver
Education Standard Certificate.
(a)
Each applicant for the renewal of a driver education standard
certificate shall complete and submit the form DSMV 635,“Application for Driver Education Instructor Certificate” (rev
02/18).
(b)
The applicant shall provide a certified copy of his/her motor vehicle
record from any state in which the applicant has held a driver license and from
any other state in which the applicant has obtained a motor vehicle conviction.
(c)
The applicant shall provide a certified copy of his/her criminal record
from this state and from any other state in which the applicant has obtained a
criminal conviction.
(d)
The applicant shall sign and date the form under penalty of unsworn
falsification.
(e)
Pursuant to RSA 21-P:14, I(f), a fee of $40 shall be submitted along
with the application.
Source. #7362, eff
12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New.
#9568, eff 10-17-09; ss by #12509, eff 4-5-18 (formerly Saf-C 3104.07)
(See Revision Note at chapter heading for Saf-C 3100)
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 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 or indictments
that the applicant has disclosed pursuant to
RSA 263:46-a, I;
(6) Has no disqualifying convictions on the
criminal history record check pursuant to
Saf-C 3106.01(c) or that the applicant has disclosed pursuant to RSA 263:46-a,
II; and
(7) 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 drivers’ school shall
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(e)-(f).
(c)
An applicant shall be deemed to have fulfilled the requirements of (b) above
if the department of education, bureau of credentialing, determines that the
applicant has demonstrated an equivalent competency through a documented
assessment of comparable professional learning.
(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); and
(2) The applicant has not 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
Saf-C 3105.02 Approval of Driver Education Standard
Certificate.
(a)
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 3104.05;
(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 no disqualifying arrests or indictments
that the applicant has disclosed pursuant to
RSA 263:46-a, I;
(5)
Has no disqualifying convictions on the criminal history record check pursuant
to
Saf-C 3106.01(c) or that the applicant has disclosed pursuant to RSA 263:46-a,
II;
(6) Has no disqualifying convictions on the motor
vehicle record pursuant to Saf-C 3106.01(e); and
(7) Has not been subject to an administrative
action by the department of safety during the period of driver education
provisional certification.
(b)
An applicant who requests a driver education standard certificate in
order to instruct driver education in an approved drivers’ school shall:
(1) Provide documentation of supervised driver
education experience in New Hampshire, including a minimum of:
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(e)-(f).
(c)
An applicant shall be deemed to have fulfilled the requirements of
(b)(2) above if the department of education, bureau of credentialing,
determines that the applicant has demonstrated an equivalent competency through
a documented assessment of comparable professional learning.
(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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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 or indictments
that the applicant has disclosed pursuant to
RSA 263:46-a, I;
(5) Has no disqualifying convictions on the
criminal history record check pursuant to
Saf-C 3106.01(c) or that the applicant has disclosed pursuant to RSA 263:46-a,
II
(6) Has no disqualifying convictions on the motor
vehicle record pursuant to Saf-C 3106.01(e);
(7) Has documentation of 51 hours of approved
professional development 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
(8) 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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
(2) The person meets the requirements of Saf-C
3104.06.
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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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) Conviction, or unadjudicated arrest or
indictment, involving the commission of a crime in which the applicant used a
motor vehicle to commit said crime;
(2) Conviction, or unadjudicated arrest or indictment,
for criminal sexual behavior such as rape, deviate sexual relations or sexual
assault;
(3) Conviction, or unadjudicated arrest or
indictment, for an offense resulting in the corruption or delinquency of a
minor child;
(4)
Unadjudicated 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)
Conviction, or unadjudicated arrest or indictment, involving the manufacture,
illegal transportation, possession, sale, or use of a controlled drug;
(7) Conviction, or unadjudicated arrest or
indictment, 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;
(8) Involvement in a motor vehicle accident that
has a direct bearing on the applicant's fitness to drive;
(9) Evidence 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 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.
(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 or RSA 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 or 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 or her employer 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, 33 Hazen Drive, Concord, NH 03305.
(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 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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) Conviction, or unadjudicated arrest or indictment,
involving the commission of a crime in which the driver used a motor vehicle to
commit said crime;
(2) Conviction, or unadjudicated arrest or
indictment, for criminal sexual behavior such as rape, deviate sexual relations
or sexual assault;
(3) Conviction, or unadjudicated arrest or
indictment, for an offense resulting in the corruption or delinquency of a
minor child;
(4) Conviction, or unadjudicated 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) Conviction, or unadjudicated arrest or
indictment, involving the manufacture, illegal transportation, possession, sale
or use of a controlled drug;
(6) Conviction, or unadjudicated arrest or
indictment, of New Hampshire motor vehicle or criminal law or law of any other
jurisdiction, that has a direct bearing on the instructor’s ability to instruct
driver education both in the classroom and on the road;
(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) Evidence 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 used a false or fictitious name, age, address, or put any false information
on any application or form or document
required by or evidencing compliance with these rules;
(13) Evidence of any medical condition, physical
or mental, including but not limited to seizures, that would preclude safe
operation of a motor vehicle; or
(14) Evidence that the driver education instructor
has violated any of these rules or jeopardized the health, safety or well-being
of any 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, 33 Hazen Drive, Concord, NH 03305.
(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; or
(3) 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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 an approved drivers’ school, a hearing shall be
scheduled to determine whether to suspend or revoke the approved drivers’
school license.
Source.
#9568, eff 10-17-09; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
PART Saf-C 3107 INSTRUCTOR CODE OF CONDUCT
Saf-C 3107.01 Responsibility of Instructor. All driver education instructors shall guide
students in their programs to form and use safe driving behaviors by using
effective instructional practices in their programs and personally demonstrate
safe and low risk 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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
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; ss by #12509, eff 4-5-18 (See Revision Note at
chapter heading for Saf-C 3100)
PART Saf-C 3108 APPROVED DRIVERS’ SCHOOL LICENSE
Saf-C 3108.01 License Required. Pursuant to RSA 263:44, all 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); ss
by #12509, eff 4-5-18 (formerly Saf-C 3111.01) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3108.02 Approved Drivers’ School Application.
(a)
Each applicant for an approved drivers’ school license shall complete
and submit form DSMV 604, “Drivers’ School Application” (rev 09/17).
(b)
Each applicant, including individuals, shall certify that all vehicles
which will be used by the drivers’ school comply with all applicable laws and
rules.
(c)
Each applicant, including individuals, partners, and officers shall
provide a certified copy of his/her motor vehicle record from any state in
which the applicant has held a driver license and from any other state in which
the applicant has obtained a motor vehicle conviction.
(d)
Each applicant, partners, and officers shall provide
a certified copy of his/her criminal record from New Hampshire and from any
other state in which the applicant has obtained a criminal conviction.
(e)
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); ss
by #12509, eff 4-5-18 (formerly Saf-C 3111.02) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3108.03 Approval
of Approved Drivers’ School.
(a)
An approved drivers’ school license shall be issued when the applicant:
(1) Submits a completed application, pursuant to
Saf-C 3108.02;
(2) Meets the requirements of Saf-C 3108.07,
Saf-C 3109, and Saf-C 3111;
(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 approved drivers’ school licenses shall expire on December 31st
of each year.
(c)
An approved drivers’ school license shall be visibly displayed in
accordance with the requirements of RSA 263:44.
(d)
An applicant who has been denied an approved 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; ss by #12509, eff 4-5-18
(formerly Saf-C 3111.03) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3108.04 Renewal of Approved Drivers’ School
License. A renewal of an approved
drivers’ school license shall be issued when the applicant:
(a)
Submits a completed application, pursuant to Saf-C 3108.02; and
(b)
Pays the appropriate fee, pursuant to RSA 263:44.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3111.04) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3108.05 Change of Ownership. In the event of a change of ownership or
interest in the approved drivers’ school, an application for a new license
shall be filed pursuant to Saf-C 3108.02.
Source. #9568, eff 10-17-09 (from Saf-C 3110.03); ss
by #12509, eff 4-5-18 (formerly Saf-C 3111.05) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3108.06 Change of Name or Address.
(a)
Prior to changing the name or address of an approved drivers’ school,
the owner shall notify the department of safety.
(b)
A change of classroom location shall require an inspection pursuant to
Saf-C 3109.02(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); ss
by #12509, eff 4-5-18 (formerly Saf-C 3111.06) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3108.07 Experience.
(a)
Persons in charge of an approved
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)
Persons in charge of an approved
drivers’ school shall have at least one calendar year of prior supervised
experience in a New Hampshire approved
drivers’ school.
(c)
A driver education provisional certificate holder shall not own, operate
or manage an approved drivers’ school.
(d)
Operators and persons in charge of
an approved 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); ss by #12509, eff 4-5-18 (formerly Saf-C 3111.07)
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3108.08 Terminating Business Services. After a course has begun, an approved
drivers’ school that is going out of business or is under a suspension or
revocation, shall:
(a)
Reimburse all students presently enrolled a prorated fee based on any
instruction not completed by the approved drivers’ school; and
(b)
Provide to all students presently enrolled a record of course completion
to date, in order to facilitate students’ transfer to another approved drivers’
school.
Source. #9568, eff 10-17-09 (from Saf-C 3110.06); ss
by #12509, eff 4-5-18 (formerly Saf-C 3111.08) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3108.09 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 an approved 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 an
approved drivers’ school license if the
school subsequently submits a new application pursuant to Saf-C 3108.02.
Source. #9568, eff 10-17-09 (from Saf-C 3110.07); ss
by #12509, eff 4-5-18 (formerly Saf-C 3111.09) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3108.10 Suspension or Revocation.
(a)
Each approved 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; ss by #12509, eff 4-5-18
(formerly Saf-C 3111.10) (See Revision Note at chapter heading for Saf-C 3100)
PART Saf-C 3109 APPROVED DRIVERS’ SCHOOL FACILITIES
Saf-C 3109.01 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 inspect each multiple vehicle driving
range to ensure compliance with these rules.
(c)
Student driving time on multiple vehicle driving ranges shall not be
counted toward the 10 hours of behind the wheel instruction required by Saf-C
3114.05(a)(1).
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); ss
by #12509, eff 4-5-18 (formerly Saf-C 3112.01) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3109.02 Facilities and Equipment.
(a)
All approved 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 3112.01;
(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 system that can project audio-visual
material at a size which can be clearly seen by all students in the class, such
as a DVD/wide screen television or computer/projector.
(b)
Each approved drivers’ school shall be inspected by the department of
safety, upon initial application for an approved 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 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); ss
by #12509, eff 4-5-18 (formerly Saf-C 3112.02) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3109.03 Non-Compliance.
(a)
Upon inspection, if an approved drivers’ school fails to comply with the
requirements of Saf-C 3109.02, notice
shall be provided as follows:
(1) If the approved drivers’ school has not
previously failed to comply, the department of safety shall provide written
notice, as follows:
a. The specific requirements of Saf-C 3109.02
that have not been met;
b. The approved drivers’ school shall have 30
days to comply;
c. The approved drivers’ school shall be
re-inspected at the conclusion of the 30 day period; and
d. After re-inspection, no further action shall
be taken if the approved drivers’ school meets the requirements of Saf-C
3109.02; and
e. After re-inspection, if the approved drivers’
school still does not meet the requirements of Saf-C 3109.02, the approved drivers’ school shall be
afforded an opportunity for a hearing, pursuant to (b) below; and
(2) If the
approved drivers’ school has previously failed to comply, the department of
safety shall provide written notice of the specific requirements of Saf-C
3109.02 that have not been met and the approved drivers’ school shall be
afforded an opportunity for a hearing, pursuant to (b) below.
(b)
The scope of the hearing shall be whether the approved drivers’ school
failed to have the required facilities or equipment pursuant to Saf-C 3109.02.
(c)
If the hearings examiner finds that the approved drivers’ school failed
to have the required facilities or equipment pursuant to Saf-C 3109.02, he or
she shall:
(1) Suspend the approved 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 3109.02 prior to reinstatement of the
approved 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 suspends an approved drivers’ school license and
determines that the conduct that led to the suspension 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 the driver education instructor
certificate.
New. #9568, eff 10-17-09 (from Saf-C 3111.03) ); ss
by #12509, eff 4-5-18 (formerly Saf-C 3112.03) (See Revision Note at chapter
heading for Saf-C 3100)
PART
Saf-C 3110 DRIVER EDUCATION PROGRAM
ADMINISTRATION, ORGANIZATION AND SUPERVISION
Saf-C 3110.01 Driver Education Program Eligibility.
(a)
All students shall be eligible for driver education provided that:
(1) They are at least 15 years and 9 months of
age, on or before the first regularly scheduled classroom session of the course
in which they are enrolled; or
(2) Their sixteenth birthday occurs on or before
the last regularly scheduled classroom session of the course in which they are
enrolled.
(b)
Instructors shall not meet the requirements of (a) by scheduling special
sessions on or after a student’s birthday or withholding the completion certificate
until the student’s birthday.
(c)
Students shall present proof of age in the form of an official birth
certificate or valid passport.
(d)
Any student whose privilege to operate a motor vehicle is suspended or
revoked shall not be permitted to enroll in a course until his or her privilege
is restored.
(e)
Any student whose privilege to operate a motor vehicle is suspended or
revoked while enrolled in a course shall not be permitted to continue the
course. The student shall retake the entire course when his/her privilege is
restored.
(f)
All students shall successfully pass a vision test. For the purposes of
this rule, “successfully pass” means the student has a vision designation of
20/40 with both eyes and if legally blind in one eye, a vision designation of
20/30 in the other eye.
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 3113.01); amd
by #11134, eff 7-2-16; ss by #12509, eff 4-5-18 (formerly Saf-C 3114.01) (See
Revision Note at chapter heading for Saf-C 3100)
Saf-C 3110.02 Course
Size. No driver education program
shall have more than 30 students, or more than the maximum number of students
approved for the location, attending each course.
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 3113.02); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.02) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3110.03 Policies and Procedures.
(a)
All approved drivers’ schools
shall have written policies addressing the following areas:
(1) Expectations for successful completion of the
program;
(2) Assessment criteria;
(3) The level of involvement parents are expected
to have with the program;
(4) Classroom expectations;
(5) Circumstances that would result in removal
from the program;
(6) All costs associated with the program; and
(7) What constitutes good cause that would
justify an absence for the purposes of Saf-C 3110.04(e), including but not
limited to an injury or death in the family.
(b)
The student’s parent or legal guardian shall sign a copy of each policy
pursuant to (a) above.
(c)
A copy of the signed policy pursuant to (b) above shall be given to the
student.
(d)
All approved drivers’ schools shall maintain signed written policies in accordance
with the requirements of Saf-C 3114.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3114.03) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3110.04 Classroom Instruction.
(a)
For the purposes of this section, a “week” shall begin on Sunday and end
on Saturday.
(b)
Total classroom instruction shall consist of at least 30 clock hours.
(c)
A classroom session shall not exceed 2 hours per day. There shall be no more than 6 clock hours of
classroom instruction per week.
(d)
Any break time, collection of fees, early dismissal at the completion of
a test, or scheduling shall not be counted as a classroom activity.
(e)
No classroom instruction shall be missed during any course, except for
good cause as determined by the approved drivers’ school’s written policy
pursuant to Saf-C 3110.03(a)(7). Absences due to good cause shall not exceed 4
hours.
(f)
All approved drivers’ schools shall maintain documentation showing good
cause pursuant to (e) above in accordance with the requirements of Saf-C 3114.
(g)
Any classroom session missed due to good cause pursuant to (e) above
shall be made up with assignments equivalent to the missed lesson, at no
additional cost to the student. The grade on any assignment that is made up
shall be retained with the classroom records for that particular program.
(h)
A certified driver education instructor shall be in the classroom at all
times.
(i)
All tests, quizzes, and necessary in-class school work shall be
completed in the classroom unless the student has an individual education plan
pursuant to Saf-C 3118.
(j) Classroom and behind-the-wheel
instruction shall be conducted in an integrated format unless the instructor
determines that the student has not mastered a skill necessary to progress to
the next driving skill.
(k)
In order to meet the requirements of (i) above, the course shall be at
least:
(1) Five weeks in length if 17 or fewer students
are enrolled in the course; or
(2) Six weeks in length if 18 to no more than 30
students are enrolled in the course.
(l)
This section shall not apply to
approved CDL drivers’ schools pursuant to Saf-C 3117.
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 3113.03); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.04) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.05 Behind-the-Wheel
Instruction.
(a)
All students shall receive on the road instruction that consists of:
(1) At least 10 clock hours of behind-the-wheel
instruction; and
(2) At least 6 clock hours of observation in a
dual control vehicle.
(b)
This section shall not apply to CDL drivers’ schools pursuant to Saf-C
3117.
(c)
In the event a student’s physical or mental disability prevents
observation time pursuant to (a)(2) above, behind-the-wheel instruction may be
substituted.
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 3113.04) ); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.05) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.06 Driving Lessons.
(a)
No driving lessons shall exceed one clock hour per student per day.
(b)
Notwithstanding (a) above, if a student has completed the first 6 hours
of behind-the-wheel instruction, 2-clock hour lessons shall be permitted for
hours 7-10.
(c)
No student shall complete his or her behind-the-wheel instruction in
less than 5 weeks.
(d)
No student shall complete as many as 3 hours of behind-the-wheel
instruction in any one week more than one time.
(e)
Driving time shall not include time spent driving to pick up the student. Behind-the-wheel instruction shall be based
upon routes developed for the instruction to be conducted. All approved drivers’ schools shall maintain
records pertaining to the developed routes in accordance with the requirements
of Saf-C 3114.
(f)
This section shall not apply to approved CDL drivers’ schools pursuant
to Saf-C 3117.
Source. #9568, eff 10-17-09 (from Saf-C 3113.05); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.06) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.07 Instructional Record.
(a)
The driver education instructor shall maintain an instructional record
of each student, which shall include:
(1) Classroom instruction; and
(2) Behind-the-wheel instruction.
(b)
The classroom instructional record shall include the following:
(1) Name of each student;
(2) The time each class was started and
completed, to the minute, exclusive of breaks and other non-instructional
activity as set forth in Saf-C 3110.04(d);
(3)
Whether the time of each class occurred in the morning, afternoon or evening;
(4) Assignment grades;
(5) Test grades; and
(6) Final course grade.
(c)
The behind- the- wheel instructional record shall include the following:
(1) Name, address and telephone number of each
student;
(2) Date of each lesson;
(3) The time each lesson was started and
completed, to the minute, including whether it occurred in the morning,
afternoon or evening;
(4) Description of instruction;
(5) Name of instructor; and
(6) Vehicle used.
(d)
The behind-the-wheel instructional record shall be updated at the time
of or immediately following each lesson.
(e)
All driving schools shall
maintain instructional records in accordance with the requirements of Saf-C
3114.
(f)
All instructional records shall be available for inspection by any
current or past enrollee or authorized employee of the departments.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3114.07) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3110.08 Course Completion.
(a)
An instructor shall issue a form DSMV 210, “Certificate of Completion”
(rev 03/16) to any student who:
(1) Maintains a passing grade as determined by
the policy of the school; and
(2) Completes the requirements set forth in Saf-C
3110.05.
(b)
In the event a mistake is made on the form DSMV 210, the driver
education instructor shall void that form and complete a new form DSMV 210. The
driver education instructor shall retain the certificate number on the voided
form DSMV 210.
(c)
A student who is enrolled in and fails to complete a driver education
program, shall be allowed to resume a like program:
(1) Within 6 months from the date of the last
class attended in the original program in the same school; or
(2) Within 6 months from the date of the last
class attended in the original program, in a different school, provided that
he/she receives a letter from the original program attesting to the following:
a. The student’s achievement;
b. Number of classroom hours completed;
c. Number of behind-the-wheel hours completed;
and
d. Number of observation hours completed.
(d)
Any classroom, behind-the-wheel, and observation hours completed by a
New Hampshire resident student prior to becoming a New Hampshire resident shall
be applied toward the requirements of RSA 263:19, as documented by a letter or
certificate of completion from the previous driver education program or
governmental agency, provided to the department and the current driver
education instructor, indicating the number of classroom, behind-the-wheel, and
observation hours previously completed by such student.
(e)
Any instructor who has a student that has previously completed
additional hours pursuant to (d) above shall:
(1) Retain a letter or certificate of completion
from the previous driver education program indicating the number of
behind-the-wheel and observation hours for the student; and
(2) Certify that the student has completed the
additional hours required to meet the minimum standards by submitting form DSMV
210 to the department of safety.
(f)
This section shall not apply to approved CDL drivers’ schools pursuant
to Saf-C 3117.
Source. #9568, eff 10-17-09 (from Saf-C 3113.06); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.08) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.09 Administrative Requirement. Students shall not enroll in a driver
education program after the course has started.
Source. #9568, eff 10-17-09 (from Saf-C 3113.07); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.09) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.10 Time on Driving Simulator.
(a)
The time ratio for simulated driving shall be 4 hours of simulated
experience to one hour of driving a dual control vehicle.
(b)
No more than 12 hours of simulated driving, which is equal to 3 hours of
actual driving, shall be utilized to substitute for on-the-road experience.
(c)
Time on the simulator shall not be considered classroom instruction for
the purposes of Saf-C 3110.04(b).
(d)
All time on a driving simulator shall be conducted by a certified driver
education instructor.
Source. #9568, eff 10-17-09 (from Saf-C 3113.08); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.10) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.11 Lesson Plan.
(a)
Classroom activities, driving observation and behind-the-wheel
instruction shall meet or exceed the New Hampshire driver education risk
prevention curriculum guide, version 1.3 (rev. 6/10/10), available as described
in Appendix B.
(b)
Written lesson plans for classroom activities, driving observation and
behind-the-wheel instruction shall be available for examination by the
departments to verify compliance with this section.
(c)
All driving schools shall
maintain written lesson plans in accordance with the requirements of Saf-C
3114.
Source. #9568, eff 10-17-09 (from Saf-C 3113.11); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.13) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3110.12 Behind-the-Wheel
Instruction Requirements.
(a)
No person, other than the instructor and the student, shall occupy the
front seats of the vehicle during behind-the-wheel instruction on a way as defined
in RSA 259:125.
(b)
No person, other than a certified instructor, student, school
administrator, aide, interpreter, parent, legal guardian or representatives of
the department, may occupy the rear seats of the vehicle during
behind-the-wheel instruction on a way as defined in RSA 259:125.
(c)
Notwithstanding (a) or (b) above, a person enrolled in a program to
become a certified driver education instructor may accompany a certified driver
instructor, with his or her consent, in a vehicle during behind-the-wheel
instruction. Any instruction performed by a person enrolled in a program to
become a certified driver education instructor shall not be counted towards the
required 10 hours of behind-the-wheel instruction.
(d)
This section shall not apply to CDL drivers’ schools pursuant to Saf-C
3117.
Source. #9568, eff 10-17-09 (from Saf-C 3113.12); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.14) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.13 Time Restrictions for Behind-the-Wheel
Instruction.
(a)
No behind-the-wheel instruction shall occur before 6:00 a.m. or after
9:00 p.m., unless a parent or legal guardian consents to operation after 9:00
p.m. In no event shall behind-the-wheel
instruction occur after 10:00 p.m.
(b)
No instructor shall provide more than 10 hours of behind-the-wheel
instruction in one day.
(c)
During daylight savings time, instruction may be provided until 10:00
p.m. to allow for night driving lessons.
The requirements set forth in (b) above shall apply.
(d)
This rule shall not apply to approved CDL drivers’ schools pursuant to
Saf-C 3117.
Source. #9568, eff 10-17-09 (from Saf-C 3113.13); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.15) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.14 Instructor Time Limit. After an instructor has spent 6 consecutive
clock hours or class periods engaged in behind-the-wheel instruction, a minimum
of ½ hour shall lapse before resuming instruction.
Source. #9568, eff 10-17-09 (from Saf-C 3113.14); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.16) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.15 Instructor Assignment.
(a)
Two or more certified instructors may teach a group of students,
provided they correlate their work through joint planning of course objectives,
methods of instruction, conferences and exchanging records of student progress.
Source. #9568, eff 10-17-09 (from Saf-C 3113.15); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.17) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.16 Instructor Supervision.
(a)
All driver education instructors shall be supervised and evaluated
annually by the program coordinator, manager, or person in charge of the
approved drivers’ school.
(b)
A copy of the evaluation in (a) above shall be maintained in the
instructor’s personnel file.
(c)
The department shall perform random evaluations.
(d)
An instructor with a driver education provisional certificate shall
receive additional supervision to ensure compliance with these rules, statutory
provisions, the curriculum guide, program content, effectiveness and
quality. The person responsible for
exercising such additional supervision shall provide documentation of the
additional supervision.
(e)
The approved drivers’ school shall maintain evaluation records in
accordance with the requirements of Saf-C 3114.
Source. #9568, eff 10-17-09 (from Saf-C 3113.19); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.19) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.17 Change of Employment. Within 48 hours of a change of employment, an
instructor shall notify the department of safety of the name and address of
his/her new employer.
Source. #9568, eff 10-17-09 (from Saf-C 3113.18); ss
by #12509, eff 4-5-18 (formerly Saf-C 3114.20) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3110.18 Driver Education Enrollee Report.
(a)
Each approved drivers’ school shall complete and submit in a typed
format, form DSMV 99, “Driver Education Enrollee Report” (rev 09/17) to the
division, prior to the third meeting of each class.
(b)
The person in charge of an approved drivers’ school shall sign and date
the form under the penalty of unsworn falsification.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3114.21) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3110.19 Approved Drivers’ School Monthly Report.
(a)
Each approved drivers’ school shall submit form DSMV 111, “Drivers’
School Monthly Report” (rev 09/17) to the division, prior to the tenth of each
month.
(b)
The supervisor shall sign and date the form under the penalty of unsworn
falsification.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3114.22) (See Revision Note at chapter heading for Saf-C 3100)
PART Saf-C 3111 EQUIPMENT - DRIVER EDUCATION VEHICLES
Saf-C 3111.01 Vehicle Inspection Requirements.
(a)
All driver education vehicles shall comply with the provisions of RSA
266:1 and the rules adopted thereunder.
(b)
Failure to comply with (a) above, shall result in an immediate vehicle
registration suspension until such time as the vehicle is in compliance with
the provisions of RSA 266:1 and the rules adopted thereunder.
(c)
No instruction shall occur in a driver education vehicle that has a
mechanical malfunction.
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 3114.01); ss
by #12509, eff 4-5-18 (formerly Saf-C 3115.01) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3111.02 Dual
Control Pedals.
(a)
All driver education vehicles shall have:
(1) Dual-control brake pedals; and
(2) If a manual transmission, dual-control clutch
pedals.
(b)
The brake mechanism on the passenger side shall be hydraulically or
mechanically attached to the braking system of the vehicle to allow the
instructor to bring the vehicle to a stop.
For CDL instructional vehicles, if a trolley brake is used, the
mechanism shall be fully secured to the top of the dashboard on the passenger
side of the vehicle.
(c)
The requirements of (a)(2) above shall not apply to approved CDL
drivers’ schools pursuant to Saf-C 3117.
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 3114.02); ss
by #12509, eff 4-5-18 (formerly Saf-C 3115.02) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3111.03 Mirrors.
(a)
All driver education vehicles shall have:
(1) An instructor’s inside mirror to afford the
instructor unobstructed vision to the rear of the vehicle, except with CDL
vehicles; and
(2) Outside rear view mirrors, one on the left
and one on the right of the vehicle, adjusted for each student’s use.
(b)
Vanity mirrors or mirrors attached to sun visors shall not be used to
meet the requirements of (a) above.
Source. #9568, eff 10-17-09 (from Saf-C 3114.03); ss
by #12509, eff 4-5-18 (formerly Saf-C 3115.03) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3111.04 Vehicle Markers.
(a)
All driver education vehicles shall have markers that identify the
vehicle as a driver education vehicle.
(b)
The markers shall be visible from the front, rear and both sides of the
vehicle.
(c)
The markers shall:
(1) Have the words “driver education” or “student
driver” painted in lettering a minimum of 2 inches in height with a ½ inch
brush stroke; and
(2) The lettering shall be black on a yellow
background.
(d)
The name of the driver education school shall be painted in black
letters that are a minimum of one inch in height.
(e)
Tractor trailers may use the air foil and trailer to comply with this
rule.
Source. #9568, eff 10-17-09 (from Saf-C 3114.04); ss
by #12509, eff 4-5-18 (formerly Saf-C 3115.04) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3111.05 Miscellaneous Equipment.
(a)
All driver education vehicles shall be equipped with the following:
(1) Accident report forms;
(2) Emergency triangles; and
(3) A first aid kit which, at a minimum, includes
the following:
a. Adhesive tape, 1” x 2 ½ yards;
b. Sterile gauze pads;
c. Five ¾” x 3” adhesive bandages;
d. Assorted bandage compresses, including 2” and
3” sizes;
e. Sterile gauze roller bandages, 2” x 6”;
f. Two non-sterile triangular bandages,
approximately 40" x 36" x
54";
g. Safety pins;
h. Two sterile gauze pads, 36" x 36";
i. Sterile eye pads;
j Round end scissors; and
k. One pair of latex gloves.
(b)
All driver education vehicles shall allow the driver to adjust the seat
to reach the pedals by:
(1) Moving up or down and forward or backward;
(2) Utilizing the seat cushions; or
(3) Utilizing pedal extensions.
(c)
All driver education vehicles shall be equipped with a cellular
telephone or other similar device to be used in emergency situations.
Source. #9568, eff 10-17-09 (from Saf-C 3114.05); ss
by #12509, eff 4-5-18 (formerly Saf-C 3115.05) (See Revision Note at chapter
heading for Saf-C 3100)
PART Saf-C 3112 CURRICULUM, TEXT AND TESTING CONTENT
Saf-C 3112.01 Uniform Text.
(a)
All approved drivers’ schools shall issue a text book to each student
that has been approved by the department, to be used as an integrated component
of the program.
(b)
Examples of approved texts shall include:
(1) Responsible Driver;
(2) How to Drive; and
(3) Drive Right.
(c)
Any person may request approval of texts by writing to the division and
including 2 copies of the text.
(d)
Upon receipt of the request, the division shall review the text to
decide whether it shall be approved.
(e)
The text shall be approved if, after review, the division determines:
(1) That the text contains substantially the same
materials as the texts set forth in (b) above; and
(2) The text addresses the testing content set
forth in Saf-C 3112.02.
(f) This section shall not apply to CDL drivers’
schools pursuant to Saf-C 3117.
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 3115.01); ss
by #12509, eff 4-5-18 (formerly Saf-C 3116.01) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3112.02 Testing Content.
(a)
Each student shall demonstrate a basic knowledge of traffic signs and
speed zone limits prior to beginning behind-the-wheel instruction.
(b)
Periodic examinations shall be administered throughout the duration of
the program, culminating in a final written proficiency test, consisting of a
student’s knowledge and understanding in the following areas:
(1) Vehicle movement, which shall include:
a. Highway transportation system (HTS);
b. Vehicle controls, including automatic and manual
transmission;
c. Vehicle handling, including front, rear and
all-wheel drive;
d. Search, identify, predict, decide, and
execute process (SIPDE) or zone control; and
e. Acceleration, deceleration, cornering and
braking;
(2) Traffic control, which shall include:
a. Regulatory, warning and speed limit signs;
b. Guide and international signs;
c. Pavement markings;
d. Traffic control signals;
e. Intersections and right of way; and
f. Physical laws of movement and driving;
(3) Interaction with other HTS users, which shall
include:
a. Maintaining a safe distance;
b. Lane usage;
c. Passing and overtaking;
d. Yielding at entry and exit ramps; and
e. Adjusting to other HTS users;
(4) Driver and vehicle condition, which shall include:
a. Physical and emotional fitness of driver;
b. Emotions and how they affect driving ability,
including aggressive driving;
c. Alcohol and controlled substances and their
effect on driving;
d. Distractions and increased driving risk; and
e. Vehicle ownership and preventive maintenance;
(5) Avoiding and reacting to driving environments
and emergencies, which shall include:
a. Looking ahead, maintaining a space cushion
and crash avoidance;
b. Night driving and driving while being tired;
c. Winter driving conditions;
d. Wet weather and fog conditions;
e. Paved and unpaved road conditions;
f. Secondary roads;
g. Interaction with pedestrians, animals,
motorcycles, trucks and bicycles;
h. Railroad crossings; and
i. Mechanical breakdown, including changing a
flat tire; and
(6) Motor vehicle laws and rules, which shall
include:
a. Driver license application;
b. Motor vehicle registration;
c. Motor vehicle title;
d. Administrative action against a driver
license, including administrative license suspension for driving while
intoxicated and original license suspension; and
e. Organ and tissue donorship.
Source. #9568, eff 10-17-09 (from Saf-C 3115.02); ss
by #12509, eff 4-5-18 (formerly Saf-C 3116.02) (See Revision Note at chapter
heading for Saf-C 3100)
PART Saf-C 3113 TUITION
Saf-C 3113.01 Tuition Policies.
(a)
Course tuition shall be the same for all persons. Group training contracts for lower rates may
be negotiated. Scholarships shall be
bona fide reduction in tuition.
(b)
Changes in tuition shall become effective on students prior to beginning
a driver education program and only after notification in writing.
(c)
All driver education programs shall have a tuition refund and
cancellation policy. The policy shall be
available for inspection by the division to verify compliance with this
section.
(d)
Information regarding course attendance, student grades, tuition, refund
and cancellation policy and all charges and costs incidental to instruction
shall be provided to students and their parent/guardian(s) at the time of their
enrollment in the driver education program.
(e)
If a driver education program cannot be completed because the school has
been suspended or revoked, the full amount paid as of the date of suspension or
revocation shall be refunded to the student within 14 days of the departments’
order.
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 3116.01); ss
by #12509, eff 4-5-18 (formerly Saf-C 3117.01) (See Revision Note at chapter
heading for Saf-C 3100)
PART Saf-C 3114 REPORTING AND RECORD-KEEPING
Saf-C 3114.01 Reporting An Accident.
(a)
Every accident involving a driver education vehicle while actively
instructing driver education, shall be reported to the driver education
supervisor, at the department of safety within 2 business days. The report shall be signed by the instructor.
(b)
All instruction shall be stopped if the vehicle has sustained damage
that may affect the safe operation of the vehicle.
(c)
The report required by this section shall be in addition to and not in
lieu of that required by RSA 264:25.
(d)
Each accident shall be reported by the instructor involved in the
accident to the department by completing and submitting form DSMV 291, “Driver
Education Accident Report” (rev 09/17).
(e)
The person completing form DSMV 291 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 3118.01); ss
by #12509, eff 4-5-18 (formerly Saf-C 3118.01) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3114.02 Reporting An Incident.
(a)
An instructor may report an incident involving drug or alcohol use or
possession by a student during any portion of the program to the division.
(b)
Pursuant to RSA 263:59, the director shall revoke a driver education
student’s license, as defined by RSA 259:48, upon receipt of information from
the instructor that the student has:
(1) Attended any driver education class(es) or
related training under the influence of or in possession of an alcoholic
beverage; or
(2) Attended any driver education class(es) or
related training under the influence or possession of a controlled drug or a
controlled drug analog.
(c)
Each student whose license is sought to be revoked pursuant to this
section shall be afforded notice and the opportunity for an administrative
hearing.
(d)
All administrative hearings conducted pursuant to this section shall be
in accordance with the provisions of RSA 263:59 and 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 3117.02); ss
by #12509, eff 4-5-18 (formerly Saf-C 3118.02) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3114.03 Loss or Destruction of Records. The loss, mutilation or destruction of any
records required to be maintained under these rules shall be immediately
reported to the division.
Source. #9568, eff 10-17-09 (from Saf-C 3117.07); ss
by #12509, eff 4-5-18 (formerly Saf-C 3118.05)
(See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3114.04 Availability
of Records. All records required to
be maintained pursuant to these rules shall be available for inspection by the
director or their authorized agents during regular working hours.
Source. #9568, eff 10-17-09 (from Saf-C 3117.08); ss
by #12509, eff 4-5-18 (formerly Saf-C 3118.06) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3114.05 Retention of Records. All records required to be maintained
pursuant to these rules shall be retained for a minimum period of 5 years.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3118.07) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3114.06 Change of
Name or Address. All driver
education instructors shall notify the department of safety of a change in name
or address within 10 days of the change.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3118.08) (See Revision Note at chapter heading for Saf-C 3100)
PART Saf-C 3115 INSURANCE COVERAGE
Saf-C 3115.01 Approved Drivers’ School Required
Insurance. A copy of the approved
drivers’ school’s currently effective certificate of insurance shall be
furnished to the division prior to issuance of an approved drivers’ school
license.
Source. #9568, eff 10-17-09 (from Saf-C 3118.02); ss
by #12509, eff 4-5-18 (formerly Saf-C 3119.02) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3115.02 Maintaining Insurance. The insurance required pursuant to this
section shall be effective at all times when an approved drivers’ school is in
operation.
Source. #9568, eff 10-17-09 (from Saf-C 3118.04); ss
by #12509, eff 4-5-18 (formerly Saf-C 3119.04) (See Revision Note at chapter
heading for Saf-C 3100)
PART Saf-C 3116 ADVERTISEMENTS
Saf-C 3116.01 Advertisements and Promotional Literature.
(a)
No approved drivers’ school shall publish, advertise or insinuate that a
driver license is guaranteed or assured.
(b)
Advertisements and promotional literature shall avoid false, misleading
or exaggerated impressions.
(c)
No approved drivers’ school shall use the word “accredited” or any of
its synonyms unless it indicates the agency or organization that has granted
such accreditation.
(d)
An approved drivers’ school may use the words “licensed by the department
of safety” and no other words to indicate compliance with RSA 263.
(e)
An approved drivers’ school shall be responsible for all acts of
commission or omission of its field representatives involved in student
recruitment.
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 3119.01); ss
by #12509, eff 4-5-18 (formerly Saf-C 3120.01) (See Revision Note at chapter
heading for Saf-C 3100)
PART Saf-C 3117 APPROVED CDL DRIVERS’ SCHOOL
Saf-C 3117.01 RESERVED
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 3120.01); ss by #12509, eff 4-5-18
(formerly Saf-C 3121.01) (See Revision Note at chapter heading for Saf-C 3100);
rpld by #13171, eff 2-22-21
Saf-C 3117.02 RESERVED
Source.
#7362, eff 12-1-00; ss by #9331, INTERIM, eff 11-26-08, EXPIRED: 5-25-09
New.
#9568, eff 10-17-09); ss by #12509, eff 4-5-18 (formerly Saf-C 3121.02)
(See Revision Note at chapter heading for Saf-C 3100); rpld by #13171, eff
2-22-21
Saf-C 3117.03 RESERVED
Source.
#7362, eff 12-1-00; ss by #9331, INTERIM, eff 11-26-08, EXPIRED: 5-25-09
New.
#9568, eff 10-17-09; ss by #12509, eff 4-5-18 (formerly Saf-C 3121.03)
(See Revision Note at chapter heading for Saf-C 3100); rpld by #13171, eff
2-22-21
Saf-C 3117.04 RESERVED
Source.
#9568, eff 10-17-09 (from Saf-C 3120.04); ss by #12509, eff 4-5-18
(formerly Saf-C 3121.04) (See Revision Note at chapter heading for Saf-C 3100);
rpld by #13171, eff 2-22-21
Saf-C 3117.05 Approved CDL Drivers’ School License. The application and approval process for an
approved CDL drivers’ school license shall be in accordance with RSA 263:44 and
Saf-C 3108. All approved CDL drivers’ schools shall comply with 49 CFR 380.
Source.
#9568, eff 10-17-09; ss by #12509, eff 4-5-18 (formerly Saf-C 3121.05)
(See Revision Note at chapter heading for Saf-C 3100); ss by #13171, eff
2-22-21
Saf-C 3117.06 Renewal
of Approved CDL Drivers’ School License.
The application renewal process for an approved CDL drivers’ school
license shall be in accordance with Saf-C 3108.04.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3121.06) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3117.07 Denial of Approved CDL Drivers’ School
License. The denial of an approved
CDL drivers’ school license shall be in accordance with Saf-C 3108.03.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3121.07) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3117.08 Suspension or Revocation of Approved CDL
Driving School License. The
suspension or revocation of a CDL driving school license shall be in accordance
with Saf-C 3108.10.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3121.08) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3117.09 Availability of Records. All records required to be maintained by
an approved CDL Drivers’ school under
these rules shall be available for inspection by the director or his or her authorized agents
during regular working hours.
Source. #9568, eff 10-17-09; ss by #12509, eff 4-5-18
(formerly Saf-C 3121.09) (See Revision Note at chapter heading for Saf-C 3100)
Saf-C 3117.10 Approved
CDL Drivers’ School Student Evaluation.
Evaluation records shall be maintained in accordance with the
requirements of Saf-C 3110.
Source. #9568, eff 10-17-09 (from Saf-C 3120.05); ss
by #12509, eff 4-5-18 (formerly Saf-C 3121.10) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3117.11 Approved CDL Drivers’ School
Admission Policies.
(a)
Each Approved CDL drivers’ school shall inform each applicant for
admission about the nature of the program and the training required.
(b)
Each Approved CDL drivers’ school shall publish the admission
requirements and shall file the requirements with the division.
(c)
No approved CDL drivers’ school shall accept a student under 18 years of
age for training.
Source. #9568, eff 10-17-09 (from Saf-C 3120.06); ss
by #12509, eff 4-5-18 (formerly Saf-C 3121.11) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C 3117.12 Approved CDL Drivers’ School Tuition
Policies.
(a)
Tuition for CDL training shall be the same for all persons. Group training contracts for lower rates may
be negotiated with business, industrial or governmental agencies. Scholarships or partial scholarships shall be
bona fide reductions in tuition.
(b)
Changes in tuition shall become effective on students only after
publication. Current enrollees in an approved CDL drivers’ school program shall
not have their tuition raised.
(c)
All charges and costs incidental to CDL training shall be furnished to
each student before he/she is enrolled in the program.
(d)
Each approved CDL drivers’ school shall have a tuition refund and
cancellation policy. The policy shall be
on file with the division to verify compliance with this section.
Source. #9568, eff 10-17-09 (from Saf-C 3120.07); ss
by #12509, eff 4-5-18 (formerly Saf-C 3121.12) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3117.13 CDL Curriculum and Time
Allocation.
(a)
The approved CDL drivers’ school curriculum for CDL A vehicles shall
consist of a minimum of 161 hours with topics that comply with the requirements
in Table 3100.1, as follows:
Table
3100.1 Time Allocation for CDL A
Curriculum
Basic Operation |
|
|
|
|
CLASSROOM |
RANGE |
STREET |
(1) Orientation |
5.25 |
0 |
0 |
(2) Control Systems |
4.75 |
0 |
0 |
(3) Vehicle Inspection |
4.25 |
14 |
0 |
(4) Basic Control |
4.75 |
4.0 |
0 |
(5) Shifting |
1.25 |
2.0 |
6 |
(6) Backing |
2.0 |
34 |
0 |
(7) Coupling and Uncoupling |
0.75 |
6 |
0 |
(8) Proficiency Development –
Basic Control |
0 |
0 |
24 |
(9) Special Rigs |
0.75 |
0 |
0 |
(10) Air Brakes, Air and
Electrical Lines |
4.25 |
0 |
0 |
(11) Open Practice – All Skills |
0 |
4 |
0 |
|
|
|
|
Safe Operating Practices |
|
|
|
|
CLASSROOM |
|
|
(1)
Visual Search |
3.25 |
0 |
0 |
(2)
Communication |
.50 |
0 |
0 |
(3) Speed Management |
1.0 |
0 |
0 |
(4) Space Management |
2.25 |
0 |
0 |
(5) Night Operation |
.50 |
0 |
0 |
(6) Extreme Driving Conditions |
1 |
0 |
0 |
(7) Proficiency Development |
.75 |
0 |
0 |
(8) Safe operating Procedures |
1.00 |
0 |
0 |
(9) Railroad Crossings |
1.00 |
0 |
0 |
(10) School Buses |
2.0 |
0 |
0 |
|
|
|
|
Advanced Operating Practices |
|
|
|
|
CLASSROOM |
|
|
(1)
Hazard Perception |
.25 |
0 |
0 |
(2)
Emergency Maneuvers |
1.0 |
0 |
0 |
(3)
Skid Control and Recovery |
1.0 |
0 |
0 |
|
|
|
|
Vehicle Maintenance: |
|
|
|
|
CLASSROOM |
|
|
(1) Preventive Maintenance and
Servicing |
.75 |
0 |
0 |
(2) Diagnosing and Reporting
Malfunctions |
.50 |
0 |
0 |
|
|
|
|
Non Vehicle Activities: |
|
|
|
|
CLASSROOM |
|
|
(1) Handling Cargo |
4.0 |
0 |
0 |
(2) Cargo Documentation |
2.50 |
0 |
0 |
(3) Hours of Service
Requirements |
3.50 |
0 |
0 |
(4) Accident Procedures |
1.0 |
0 |
0 |
(5) Personal Health and Safety |
1.0 |
0 |
0 |
(6) Trip Planning |
2.0 |
0 |
0 |
(7) Public and Employer Relations |
1.0 |
0 |
0 |
(8) Hazardous Materials |
1.0 |
0 |
0 |
(9) Federal Motor Carrier |
2.0 |
0 |
0 |
Safety Administration |
|
|
|
Compliance, Safety, Accountability |
|
|
|
Accountability (CSA) Program |
|
|
|
(10) Motor Carrier Security |
.25 |
0 |
0 |
(11) International Driving |
.25 |
0 |
0 |
(12) CDL Testing |
2.25 |
0 |
0 |
(13) Doubles-Triples Endorsement |
.50 |
0 |
0 |
(14) Transporting Passengers |
.75 |
0 |
0 |
(15) Whistle Blower’s Protection |
.25 |
0 |
0 |
Total |
67 |
64 |
30 |
(b) The approved CDL
drivers’ school curriculum for CDL B vehicles shall consist of a minimum of
102.75 hours with topics that comply with the requirements in Table 3100.2, as
follows:
Table 3100.2
Time Allocation for CDL B Curriculum 102.75 Hours
Basic Operation |
|
|
|
|
CLASSROOM |
RANGE |
STREET |
(1)
Orientation |
5.25 |
0 |
0 |
(2)
Control systems |
4.75 |
0 |
0 |
(3) Air
Brakes, Air and Electric Lines |
4.25 |
0 |
0 |
(4)
Vehicle Inspection |
4.25 |
8 |
0 |
(5)
Basic Control |
4.75 |
0 |
0 |
(6)
Shifting |
1.25 |
0 |
1 |
(7)
Backing |
1.0 |
9.0 |
0 |
(8)
Proficiency Develop – Basic Control |
0 |
0 |
19 |
(9)
Special rigs |
.75 |
0 |
0 |
(10)
Open Practice |
0 |
2.0 |
0 |
|
|
|
|
Safe Operating Practices: |
|
|
|
|
CLASSROOM |
|
|
(1) Visual Search |
3.25 |
0 |
0 |
(2) Communication |
.50 |
0 |
0 |
(3) Speed Management |
1.0 |
0 |
0 |
(4) Space Management |
2.25 |
0 |
0 |
(5) Night Operation |
.50 |
0 |
0 |
(6) Extreme Driving Conditions |
1.0 |
0 |
0 |
(7) Proficiency Development |
.75 |
0 |
0 |
(8) Safe Operating Procedure |
1.0 |
0 |
0 |
(9) Railroad Crossings |
1.0 |
0 |
0 |
(10) School Busses |
2.20 |
0 |
0 |
|
|
|
|
Advanced Operating Practices |
|
|
|
|
CLASSROOM |
|
|
(1) Emergency Maneuvers |
.75 |
0 |
0 |
(2) Skid Control and Recovery |
.50 |
0 |
0 |
|
|
|
|
Non Vehicle Activities: |
|
|
|
|
CLASSROOM |
|
|
(1) Hazardous Materials |
1.00 |
0 |
0 |
(2) Handling Cargo |
4.0 |
0 |
0 |
(3) Cargo Documentation |
2.50 |
0 |
0 |
(4) Hours of Service |
3.50 |
0 |
0 |
(5) Federal Motor Carrier Safety Administration Compliance, Safety and Accountability Program |
0 |
2.00 |
0 |
(6) Accident Procedures |
1.0 |
0 |
0 |
(7) Personal Health and Safety |
1.0 |
0 |
0 |
(8) Public & Employer
Relations |
1.0 |
0 |
0 |
(9) Motor Carrier Security |
0 |
.25 |
0 |
(10) International Driving |
.25 |
0 |
0 |
(11) Trip Planning |
2.0 |
0 |
0 |
(12) Whistle Blowers Protection |
.25 |
0 |
0 |
(13) CDL Testing Process |
2.25 |
0 |
0 |
(14) Transporting Passengers |
.75 |
0 |
0 |
|
|
|
|
Total |
63.75 |
19 |
20 |
Source. #9568, eff 10-17-09 (from Saf-C 3120.08); ss
by #12509, eff 4-5-18 (formerly Saf-C 3121.13) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3117.14 CDL Driving Lesson.
(a)
CDL behind-the-wheel instruction shall not exceed 4 hours a day per
student.
(b)
No CDL instructor shall provide more than 10 hours of instruction during
a 24 hour period.
Source. #9568, eff 10-17-09 (from Saf-C 3120.09); ss
by #12509, eff 4-5-18 (formerly Saf-C 3121.14) (See Revision Note at chapter
heading for Saf-C 3100)
Saf-C
3118 CDL INSTRUCTOR QUALIFICATIONS
Saf-C 3118.01 Required Qualifications. All applicants for CDL driver education certificates
shall meet the requirements of this part prior to submitting an application as
set forth in Saf-C 3119.
Source. #13171, eff 2-22-21
Saf-C 3118.02 Driving Experience. All applicants for CDL driver education certificates
shall:
(a) Hold a valid driver license for the class(es)
of vehicle for which they intend to instruct; and
(b) Have a minimum of 5 consecutive years as a
licensed driver, in the vehicle class in which they intend to instruct, immediately
prior to the date of application.
Source. #13171, eff 2-22-21
Saf-C 3118.03 Physical Examination. All applicants for CDL driver education certificates shall
meet and maintain the physical requirements for commercial drivers set
forth in 49 CFR 391.43.
Source. #13171, eff 2-22-21
Saf-C 3118.04 Written and On-Road Examinations.
(a)
Each applicant for a CDL driver education certificate shall successfully
complete, with a grade of 80% 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 New Hampshire CDL
driver’s manual;
(3) Motor vehicle statutes; and
(4) These rules.
(c)
Candidates for written examination shall not be prohibited from using an
unaltered copy of these rules provided by the department.
(d)
A written examination pursuant to (a) above shall be valid for a period
of one year.
(e)
An applicant who has failed the written examination pursuant to (a)
above shall not be eligible to retest for a period of 10 working days between
the administration of the examinations.
(f)
Each applicant for a driver education certificate shall successfully complete
a comprehensive driving examination conducted by the department of safety.
(g)
An applicant who has failed the comprehensive driving examination
pursuant to (f) above shall not be eligible to retest for a period of 10
working days between the administration of the examinations.
Source. #13171, eff 2-22-21
Saf-C 3118.05 Instructor Competencies.
(a)
All applicants for CDL driver education certificate shall:
(1) Have a
minimum of 5 consecutive years as a licensed CDL driver in the class of vehicle
for which they
intend to instruct in; and
(2) Meet and
maintain the physical requirements for commercial drivers set forth in 49 CFR
391.43.
(3) Meet and
maintain compliance with requirements of 49 CFR 380.
Source. #13171, eff 2-22-21
PART Saf-C 3119 CDL INSTRUCTOR APPLICATION PROCESS
Saf-C 3119.01 Application Forms.
(a)
Whenever a person is required to complete a form in parts Saf-C 3118
through Saf-C 3123, the following shall apply:
(1) Forms shall be filled out completely; and
(2) Forms shall be typewritten or completed in a
legible manner.
(b)
Application forms may be obtained from:
Department
of Safety
Division
of Motor vehicles
Driver
Education Section
23
Hazen Drive
Concord,
NH 03305.
(c)
A completed application shall include the following:
(1) Proof of driving experience as set forth in
Saf-C 3118.02;
(2) Report of physical examination as set forth in
Saf-C 3118.03;
(3) Successful completion of written and on-road
examinations as set forth in Saf-C 3118.04;
(4) Criminal history record check;
(5)
Fingerprints upon initial application
only, pursuant to RSA 263:44-b; and
(6) Motor vehicle record from any state the
applicant has held a driver license.
(d)
Completed application forms shall be submitted to the:
Department
of Safety
Division
of Motor Vehicles
Driver
Education Section
23
Hazen Drive
Concord,
NH 03305
(e)
All forms shall be reviewed by the division in accordance with RSA
541-A:29.
(f) Applicants shall be notified of any apparent
errors or omissions and allowed to resubmit the form to the division.
(g)
In the event an applicant fails to comply with an applicable statute or
these rules, the application shall not be processed and the applicant shall be
notified of the reason(s) for the rejection.
Source. #13171, eff 2-22-21
Saf-C 3119.02 Application for CDL Driver Education Certificate.
(a)
Each applicant for a CDL driver education instructor certificate shall
complete and submit the form DSMV 635, “Application for Driver Education
Instructor Certificate” (rev 02/18).
(b)
The applicant shall submit an original certificate of completion of a
driver training program compliant with 49 CFR 380.
(c)
The applicant shall provide a certified copy of his or her motor vehicle
record from any state in which the applicant has held a driver license and from
any other state in which the applicant has obtained a motor vehicle conviction.
(d)
Pursuant to RSA 263:44-b, every applicant for an initial CDL driver
education certificate shall execute a criminal history record release form
authorizing the release of his or her criminal history record to the division.
The applicant shall also submit a complete set of fingerprints taken by a
qualified law enforcement agency or authorized employee of the department.
(e)
The applicant shall sign and date the form under the penalty of unsworn
falsification.
(f)
If requesting a driver education provisional certificate, a fee of $25
shall be submitted along with the application.
(g)
If requesting a driver education standard certificate, a fee of $40 shall
be submitted along with the application.
Source. #13171, eff 2-22-21
Saf-C 3119.03 Application for Renewal of CDL Driver
Education Standard Certificate.
(a)
Each applicant for the renewal of a CDL driver education standard
certificate shall complete and submit the form DSMV 635, “Application for Driver Education Instructor Certificate” (rev
02/18).
(b)
The applicant shall provide a certified copy of his or her motor vehicle
record from any state in which the applicant has held a driver license and from
any other state in which the applicant has obtained a motor vehicle conviction
since his or her initial application.
(c)
The applicant shall provide a certified copy of his or her criminal
record from this state and from any other state in which the applicant has
obtained a criminal conviction since his or her initial application.
(d)
The applicant shall sign and date the form under penalty of unsworn
falsification.
(e)
Pursuant to RSA 21-P:14, I(f), a fee of $40 shall be submitted along
with the application.
Source. #13171, eff 2-22-21
PART Saf-C 3120 APPROVAL PROCESS
Saf-C 3120.01 Approval of CDL Driver Education
Provisional Certificate.
(a)
A CDL driver education provisional certificate shall be issued when the
applicant:
(1) Submits a completed application, along with
the appropriate fee, pursuant to Saf-C 3119.041 and Saf-C 3119.02;
(2) Meets the requirements of Saf-C 3118.02 through
Saf-C 3118.05;
(3) Has no disqualifying arrests, indictments or
summonses, that the applicant has disclosed pursuant to RSA 263:46-a, I;
(4) Has no disqualifying convictions on the
criminal history record check pursuant to Saf-C 3121.01(c) or that the
applicant has disclosed pursuant to RSA 263:46-a, II; and
(5) Has
no disqualifying convictions on the motor vehicle record pursuant to Saf-C 3121.01(e).
(b)
An applicant who requests a CDL driver education provisional certificate
in order to instruct driver education in an approved drivers’ school shall
complete a driver training program compliant with 49 CFR 380.
(c)
A CDL driver education provisional certificate shall be valid for a
period of 2 years from the date of issuance of the certificate.
(d)
Upon expiration of an initial CDL driver education provisional
certificate, an applicant who otherwise meets the requirements of Saf-C
3120.01(a) above may receive one additional provisional certificate if:
(1) The applicant has not met the requirements of
Saf-C 3120.02(b); and
(2) The applicant has not been subject to an
administrative action by the department during the period of initial CDL driver
education provisional certification.
(e)
An applicant who has been denied a CDL driver education provisional
certificate shall be provided an opportunity for an administrative hearing in
accordance with the requirements of Saf-C 3121.01.
Source. #13171, eff 2-22-21
Saf-C 3120.02 Approval of CDL Driver Education Standard
Certificate.
(a)
A CDL 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
3119.01 and Saf-C 3119.02;
(2) Meets the requirements of Saf-C 3118.02 and
Saf-C 3118.05;
(3) Is physically capable of providing driver
education instruction pursuant to Saf-C 3118.03;
(4) Has no disqualifying arrests or indictments
that the applicant has disclosed pursuant to RSA 263:46-a, I;
(5)
Has no disqualifying convictions on the criminal history record check pursuant
to Saf-C 3121.01(c) or that the applicant has disclosed pursuant to RSA
263:46-a, II;
(6) Has no disqualifying convictions on the motor
vehicle record pursuant to Saf-C 3121.01(e); and
(7) Has not been subject to an administrative
action by the department of safety during the period of driver education
provisional certification.
(b)
An applicant who requests a CDL driver education standard certificate in
order to instruct driver education in an approved drivers’ school shall:
(1) Provide documentation of supervised CDL-A driver
education experience in New Hampshire from a licensed CDL commercial school,
including a minimum of:
a. Sixty hours of CDL-A classroom instruction;
and
b. Sixty hours of behind the wheel CDL-A instruction
in a CDL-A day cab tractor; and
c. Thirty hours of combined pre-trip and off
road skills; and
(2) Provide documentation of completion of a
driver training program compliant with 49 CFR 380.
(c)
A CDL driver education standard certificate shall be valid for a period
of 3 years from the date of issuance of the certificate.
(d)
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 3121.01.
Source. #13171, eff 2-22-21
Saf-C 3120.03 Approval of Renewal of CDL Driver Education Standard Certificate.
(a)
An applicant may apply for the renewal of a CDL driver education
standard certificate no sooner than 90 days prior to the expiration of a CDL driver
education standard certificate.
(b)
A renewal of a CDL driver education standard certificate shall be issued
when the applicant:
(1) Submits a completed application, along with
the appropriate fee, pursuant to Saf-C 3119.01 and Saf-C 3119.03;
(2) Meets the requirements of Saf-C 3118.05;
(3) Is physically capable of providing driver education
instruction pursuant to Saf-C 3118.03;
(4) Has no disqualifying arrests or indictments
that the applicant has disclosed pursuant to RSA 263:46-a, I;
(5) Has no disqualifying convictions on the
criminal history record check pursuant to Saf-C 3121.01(c) or that the
applicant has disclosed pursuant to RSA 263:46-a, II.
(6) Has no disqualifying convictions on the motor
vehicle record pursuant to Saf-C 3121.01(e); and
(7) Has documentation of 51 hours of approved
professional development 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.
(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 3121.01.
Source. #13171, eff 2-22-21
Saf-C 3120.04 Expired Driver Education Standard
Certificate.
(a)
A person with an expired CDL driver education standard certificate may
apply for a renewal of a driver education standard certificate if:
(1) The certificate has not been expired for more
than 3 years;
(2) The person provides documentation of approved
professional development; and
(3) The person meets the requirements of Saf-C
3119.03.
Source. #13171, eff 2-22-21
PART Saf-C 3121
DENIAL OR REVOCATION OR SUSPENSION OF DRIVER EDUCATION INSTRUCTOR
CERTIFICATE
Saf-C 3121.01 Disqualification of Applicant.
(a)
A person who is denied a CDL 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 CDL 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) Conviction, or unadjudicated arrest or
indictment, involving the commission of a crime in which the applicant used a
motor vehicle to commit said crime;
(2) Conviction, or unadjudicated arrest or
indictment, for criminal sexual behavior such as rape, deviate sexual relations,
or sexual assault;
(3) Conviction, or unadjudicated arrest or
indictment, for an offense resulting in the corruption or delinquency of a
minor child;
(4) Unadjudicated 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)
Conviction, or unadjudicated arrest or indictment, involving the manufacture,
illegal transportation, possession, sale, or use of a controlled drug;
(7) Conviction, or unadjudicated arrest or
indictment, 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;
(8) Involvement in a motor vehicle accident that
has a direct bearing on the applicant's fitness to drive;
(9) Evidence that the applicant is an abuser of
alcohol, prescription drugs, or controlled substances;
(10) Financial responsibility is not on file with
the department, if applicable;
(11) A determination by the driver education
supervisor that the applicant is a danger to himself or herself or to a child;
or
(12) Noncompliance with 49 CFR 380.
(d)
Each applicant for a CDL driver education instructor certificate shall
not be eligible for a certificate 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.
(e)
For the purposes of (d) above, motor vehicle convictions, or if an out
of state conviction, the equivalent, which shall be considered for
disqualification include the following:
(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 or RSA 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 or 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 CDL 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 or her employer shall be notified immediately of
any denial of certification in this section.
(h)
Each applicant whose CDL 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:
Bureau
of Hearings
33
Hazen Drive
Concord,
NH 03305
(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 of any decision from
the bureau of hearings.
Source. #13171, eff 2-22-21
Saf-C 3121.02 Revocation or Suspension of CDL Driver
Education Instructor Certificate.
(a)
Upon receipt of information showing good cause, the department of safety
shall revoke or suspend a CDL driver education instructor certificate, after
notice and the opportunity for an administrative hearing.
(b)
Good cause shall include the following:
(1) Conviction, or unadjudicated arrest or
indictment, involving the commission of a crime in which the driver used a
motor vehicle to commit said crime;
(2) Conviction, or unadjudicated arrest or
indictment, for criminal sexual behavior such as rape, deviate sexual relations
or sexual assault;
(3) Conviction, or unadjudicated arrest or
indictment, for an offense resulting in the corruption or delinquency of a
minor child;
(4) Conviction, or unadjudicated 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) Conviction, or unadjudicated arrest or
indictment, involving the manufacture, illegal transportation, possession, sale,
or use of a controlled drug;
(6) Conviction, or unadjudicated arrest or
indictment, of New Hampshire motor vehicle or criminal law or law of any other
jurisdiction, that has a direct bearing on the instructor’s ability to instruct
driver education both in the classroom and on the road;
(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) Evidence 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 not on file with
the department, if applicable;
(12) Evidence that the driver education instructor
has used a false or fictitious name, age, address, or put any false information
on any application or form or document required by or evidencing compliance
with these rules;
(13) Evidence of any medical condition, physical
or mental, including but not limited to seizures, that would preclude safe
operation of a motor vehicle;
(14) Evidence that the driver education instructor
has violated any of these rules or jeopardized the health, safety, or
well-being of any student;
(15) Evidence of noncompliance with 49 CFR 380;
and
(16) Evidence of conduct as set forth in RSA
263:51, I-IV.
(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:
Bureau
of Hearings
33
Hazen Drive
Concord,
NH 03305
(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 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; or
(3) 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. #13171, eff 2-22-21
Saf-C
3121.03 Effect of Revocation or
Suspension of Certificate 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 an approved drivers’ school, a hearing shall be
scheduled to determine whether to suspend or revoke the approved drivers’
school license.
Source. #13171, eff 2-22-21
PART Saf-C 3122 CODE OF CONDUCT
Saf-C
3122.01 Instructor Code of Conduct.
CDL driver education instructors shall follow the instructor code of conduct
outlined in Saf-C 3107.
Source. #13171, eff 2-22-21
PART Saf-C 3223 STUDENTS IN NEED OF SPECIAL
SERVICES/ACCOMMODATIONS
Saf-C 3223.01 Students with Individual Education Plans.
(a)
Any student with an individual education plan or other school team plan
shall not be required to comply with Saf-C 3110.04(g) and (i), or any provision
of these rules that conflicts with his/her individual education plan or other
school team plan, except the remaining requirements set forth in Saf-C 3110.04,
as well as the requirements set forth in Saf-C 3110.05(a)(1).
(b)
If a student attends an approved
drivers’ school that is not provided by a school district, that student’s local school district shall
not be prohibited from assisting the instructor in complying with the student’s
individual education plan.
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 3121.01); ss
by #12509, eff 4-5-18 (formerly Saf-C 3122.01) (See Revision Note at chapter
heading for Saf-C 3100); renumbered by #13171 (formerly Saf-C 3118.01)
Saf-C 3223.02 Students in Need of Special Assistance.
(a)
Any student who is not specially coded by a school district shall be
eligible for special assistance pursuant to Saf-C 3223.01 if:
(1) The instructor writes to the local school
district explaining the specific assistance that he/she feels the student needs
or will need in order to complete driver education; and
(2) The local school district reviews and
approves the request.
(b) Approval shall be based upon whether the student will be capable of successfully completing driver education without a special accommodation.
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 3121.03); ss by #12509, eff 4-5-18 (formerly Saf-C
3122.03) (See Revision Note at chapter heading for Saf-C 3100); renumbered by
#13171 (formerly Saf-C 3118.02)
Saf-C 3223.03 Certified Driver Rehabilitation Specialist
(CDRS).
(a)
Any person who provides driver training to students with a disability
that requires physical adaptions or specialized training beyond the scope of
traditional driver education shall be trained by a dually certified CDRS and
New Hampshire certified driver education instructor or a New Hampshire
certified driver education instructor working under the supervision of a CDRS.
(b)
Any person who provides driver training to students pursuant to (a)
above, with the use of adaptive equipment, shall be a dually certified CDRS and
New Hampshire certified driver education instructor or a New Hampshire certified
driver education instructor working under the supervision of a CDRS.
(c)
Any person who provides driver training to students pursuant to (a)
above, shall be licensed as an approved drivers’ school under the provisions of
these rules.
(d)
All training pursuant to this section shall occur in an approved driver
education vehicle unless otherwise required by a CDRS.
Source. #7362, eff 12-1-00; ss by #9331, INTERIM, eff
11-26-08, EXPIRED: 5-25-09
New. #9568, eff 10-17-09); ss by #12509, eff 4-5-18
(formerly Saf-C 3122.04) (See Revision Note at chapter heading for Saf-C 3100);
renumbered by #13171 (formerly Saf-C 3118.03)
APPENDIX
Rule |
Specific State Statute which
the Rule Implements |
Saf-C
3101.01 |
RSA
263:19 |
Saf-C
3101.02 |
RSA
263:19 |
Saf-C
3101.03 |
RSA
21-P:14, I; RSA 263:19; RSA 263:44; RSA
263:44-a |
Saf-C
3101.04 |
RSA
21-P:14, I; RSA 263:19; RSA 263:44; RSA
263:44-a |
Saf-C
3101.05 |
RSA
541-A:7 |
Saf-C
3102.01 |
RSA
541-A:7 |
Saf-C
3102.02 |
RSA
541-A:7; RSA 263:44-a |
Saf-C
3102.03 |
RSA
541-A:7 |
Saf-C
3102.04 |
RSA
541-A:7 |
Saf-C
3102.05 |
RSA
541-A;7 |
Saf-C
3102.06 |
RSA
541-A:7 |
Saf-C
3102.07 |
RSA
259:20 |
Saf-C
3102.08 |
RSA
259:22 |
Saf-C
3102.09 |
RSA
259:26 |
Saf-C
3102.10 |
RSA
541-A:7; RSA 263:44 |
Saf-C
3102.11 - Saf-C 3102.12 |
RSA
541-A:7 |
Saf-C
3102.13 |
RSA
259:88 |
Saf-C
3103.01 |
RSA
21-P:14, I; RSA 263:44-a |
Saf-C
3103.02 |
RSA
21-P:14, I; RSA 263:44-a |
Saf-C
3103.03 |
RSA
21-P:14, I; RSA 263:44-a |
Saf-C 3103.04 |
RSA 21-P:14, I; RSA 263:44-a |
Saf-C
3103.05 |
RSA
21-P:14, I; RSA 263:44-a |
Saf-C
3104.01 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3104.02 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3104.03 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3104.04 |
RSA
21-P:14, I; RSA 263:44-a |
Saf-C
3104.05 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3104.06 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3105.01 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3105.02 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3105.03 |
RSA
21-P:14, I; RSA 541-A:16, I(b) |
Saf-C
3105.04 |
RSA
21-P:14, I; RSA 263:44-a |
Saf-C
3106.01 |
RSA
21-P:14, I; RSA 263:46-a; RSA
263:47; RSA 263:50 |
Saf-C
3106.02 |
RSA
21-P:14, I |
Saf-C
3107.01 |
RSA
21-P:14, I; RSA 263:45 |
Saf-C
3107.02 |
RSA
21-P:14, I; RSA 263:45 |
Saf-C
3108 |
RSA
21-P:14, I; RSA 263:44; RSA 263:47; RSA
263:50; RSA 263:51 |
Saf-C
3109 |
RSA
21-P:14, I; RSA 263:44; RSA 263:47; RSA
263:50; RSA263:51 |
Saf-C
3110 |
RSA
263:19; RSA 263:44; RSA 263:49 |
Saf-C
3111 |
RSA
21-P;14, I, 263:19 |
Saf-C 3112 |
RSA 12-P:14, I |
Saf-C 3113 |
RSA 263:49 |
Saf-C 3114 |
RSA 21-P:14, I; RSA 263:19;
RSA 263:49 |
Saf-C 3115 |
RSA 263:44-45; RSA 263:50, VII |
Saf-C 3116 |
RSA 263:44-45; RSA 263:50, VII |
Saf-C 3117.05 |
RSA 21-P:14, I; RSA 263:44 |
Saf-C 3118.01- Saf-C 3118.05 |
RSA 21-P:14, I; RSA 263:44-a |
Saf-C 3119.01 |
RSA 21-P:14, I; RSA 263:44-a; RSA 263:44-b; RSA 541-A:19-b |
Saf-C 3119.02-Saf-C 3119.03 |
RSA 21-P:14, I; RSA 263:44-a; RSA 263:44-b; RSA 541-A:19-b |
Saf-C 3120.01-Saf-C 3120.03 |
RSA 21-P:14, I; RSA 541-A:19-b |
Saf-C 3120.04 |
RSA 21-P:14, I; RSA 263:44-a |
Saf-C 3121.01 |
RSA 21-P:14, I; RSA 263:46-a; RSA 263:47; RSA 263:50; RSA 263:51 |
Saf-C 3121.02 |
RSA 21-P:14, I, RSA 263:51 |
Saf-C 3121.03 |
RSA 541-A:30-a |
Saf-C 3122.01 |
RSA 21-P:14, I; RSA 263:45 |
APPENDIX B
MATERIALS INCORPORATED BY REFERENCE
Rule |
Title |
Obtain at: |
Saf-C 3110.11 |
New Hampshire Driver Education Risk Prevention Curriculum Guide,
Version 1.3, June 10, 2010. |
National Institute for Driver Behavior P.O. Box 98 Cheshire, CT 06410 www.NIDB.org Info@NIDB.org Ordering
and pricing options: CD-ROM
- $15.00 |