Haw. Code R. § 19-123-150

Current through November, 2024

Section 19-123-150 - General provisions

(a) No person shall be certified as a rider education instructor unless the applicant satisfies the following conditions:

(1) Possesses a valid driver's license recognized by the State of Hawaii with the classification and endorsements required for operation of the class and type of vehicle or device that will be used in rider education;

(2) Has successfully completed a training course certified, or subsequently certified, by the department in subchapter 5;

(3) Subject to section 19-123-153(h), applicant has not had more than one moving traffic violation within one year prior to obtaining certification; not more than two moving traffic violations within three years prior to obtaining certification; and not more than three moving traffic violations within five years prior to obtaining certification;

(4) Has no driving under the influence of alcohol or drugs conviction within ten years prior to obtaining certification;

(5) Has no driver's license suspension, revocation, cancellation, or disqualification within five years prior to obtaining certification;

(6) Is at least twenty-one years of age;

(7) Possesses the equivalent of a high school diploma;

(8) Has had a valid driver's license recognized by the State of Hawaii for at least three consecutive years immediately prior to submission of application;

(9) Meets the requirements of subchapter 3;

(10) Has effective communication skills; is capable of assessing and observing appropriate student behavior; is capable of engaging students in meaningful rider education activities; and models positive riding behaviors; and

(11) Present evidence showing at least three years of consistent motorcycle riding experience in Hawaii or acceptable substitution for the three years of riding experience.

(b) Application for instructor certification shall be made on a form supplied by the department which shall require the following information and attachments:

(1) Full name, residence and business address(es), telephone and fax number(s), and e-mail and website address (if any);

(2) A copy of original Social Security card;

(3) A certified copy of the applicant's birth certificate;

(4) A copy of the person's:

(A) Driver's license; and

(B) A certified original or notarized copy of high school diploma, transcript or acceptable alternative documentation to the department.

(5) Proof of completion of a rider education instructor course certified, or subsequently certified, by the department in accordance with 19-123-151, HAR.

(A) Chief instructors who are currently certified by nationally recognized standards, shall be deemed to have met this requirement by submitting proof of their certification.

(B) Instructors who have previously taken an instructor course, and are currently certified by a nationally recognized standard, shall be deemed to have met this requirement by submitting proof of successful completion of the course, and proof of an instructor update within the past two years.

(6) An original traffic abstract dated within one month of the date of submission;

(7) Proof of insurance in the amounts described in sections 19-123-153(g) and 19-123-156;

(8) A certified or sealed copy of a Hawaii criminal history record check showing convictions;

(9) Proof of application for a FBI Criminal History Record Check as defined in subchapter 3;

(10) A statement agreeing to indemnify, defend and hold harmless the department and the counties of the State from liability resulting from the instructor's teaching of rider's education courses;

(11) Employment history for the ten years prior to the date of the application, with names, addresses, and telephone numbers of current and former employers that are listed;

(12) State general excise tax number, if required;

(13) State tax clearance, if required;

(14) Two 2" x 2" photos; and

(15) A sworn statement indicating:

(A) Whether the person ever had a teaching certificate or other professional license revoked or not renewed;

(B) Whether the person within the past ten years was suspended, fired, asked to resign from employment, or separated from military service under conditions other than honorable;

(C) Whether the person had been convicted of a crime, other than a minor traffic offense involving a fine of $50 or less;

(D) Whether the person had been diagnosed as having a mental or emotional condition which may affect the person's ability to responsibly manage, supervise, control and interact with students;

(E) A detailed explanation for subparagraphs (A) through (D) when applicable;

(F) Names, addresses, and phone numbers of at least five persons (non-relatives) who can attest to the good character of the applicant.

Haw. Code R. § 19-123-150

[am and comp 8/18/2016] (Auth: HRS §§ 286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS §§ 286-18, 286-108, 286-108.4, 431-10G-104)