29- 250 C.M.R. ch. 11, § 5

Current through 2024-44, October 30, 2024

Section 250-11-5 - Motorcycle Rider Education Instructor Licensing Requirements

1.General requirements. Any person who conducts motorcycle rider education, acts as an instructor or represents oneself as providing the same must be licensed by the Secretary of State. The Secretary of State shall not authorize a person to conduct motorcycle rider education unless the person meets the following requirements:

A. The person is at least twenty (20) years of age;

B. The person has a high school diploma or equivalent;

C. The person has a valid operator's license with an endorsement, or restriction, to operate a motorcycle as described in 29-A MRS Section1254;

D. The person has at least two (2) years of riding experience as a licensed motorcycle operator in this state or another jurisdiction. If a person has not held a Maine license as required in this section, a certified copy of a driving record from all states in which a license was held in the preceding six years, must be provided with the instructor application. The record must provide the date of licensing or endorsement for operation of a motorcycle.

E. The person has not been convicted of a moving criminal traffic offense within the last six (6) years, except for operating without an operator's license if the operator's license was expired less than five (5) years, and operating with an expired registration;

F. The person has not been designated as an accident-prone driver pursuant to 29-A MRS Section1308 within the last year;

G. The person has not had an operator's license suspended or revoked within the last six (6) years pursuant to 29-A MRS Sections2411, 2453, 2454, 2456, 2457, 2521, 2525, 2552, 2554, 2555 or 2557A;

H. The person has not been convicted of any felony within the last ten (10) years;

I. The person has never been convicted of any crimes listed in 17-A MRS Sections201, 202, 203, 208, 208B, 208C, 210A, 210B, 210C, 211, 211A, 213, 253, 254, 255A, 256, 258, 260, 261, 282, 283, 284, 301, 302, 303, 553, 554, 556, 854, 855. A person whose application (or renewal application) is denied based on conviction of a crime listed in 17-A MRS Sections211, 211-A, 256, or 259-A may request a hearing with the Secretary of State to show cause why denial on those grounds is not appropriate;

J. The person must provide valid, current proof of completion of a first aid course;

K. The person pays the fee as established by 29-A MRS Section1353;

L. The person must not have any physical, emotional or mental impairment that would prevent driver licensure in accordance with 29-250, Chapter 3, Secretary of State, Bureau of Motor Vehicles, Rules Governing the Physical, Emotional and Mental Competence to Operate a Motor Vehicle. Any person under review for a reportable medical, physical, mental, or emotional condition may, at the Secretary of State's discretion, be disqualified from possessing a motorcycle rider education instructor license until all medical requirements have been met;

M. The person successfully completes a motorcycle rider education instructor preparation course approved by the Secretary of State;

N. If the Instructor Preparation course is completed in another state, prior to a motorcycle rider education instructor license being issued, the individual shall attend a workshop with the Maine Motorcycle Safety Program Coordinator to ensure compliance with Maine rules and policies;

O. Initial instructor licensing must be completed within two years of fulfilling the requirements of subsection 1M and 1 N;

P. Prior to enrollment in any instructor preparation course, the person must participate, as a student, in a hands-on basic motorcycle rider education course within the preceding year.

Q. The person must be certified by an entity that has proprietary rights to a curriculum, approved by the Secretary of State, as a motorcycle rider education course, for the specific curriculum being taught.

R. Instructor applicants shall submit to State Bureau of Identification background check upon initial and renewal application. The Bureau of Motor Vehicles will request and receive the background check from the State Bureau of Identification. A fee will be assessed at time of initial and renewal application pursuant to Title 25 MRS Sec1541(1).

S. State and federal criminal history record information shall be used for the purpose of screening motorcycle rider education instructors in order to determine whether issuance of a motorcycle rider education instructor license is granted or maintained.

T. A motorcycle rider education instructor must be in possession of a valid motorcycle rider education instructor license, reflecting the appropriate license type, when teaching in the classroom and on the range.

2.Continuing education and training requirements. In addition to the requirements listed in subsection 1, a person applying for instructor license renewal must:

A. Attend continuing education programs or seminars as required by the Secretary of State.

3.Course delivery and safety. Motorcycle rider education instructors shall ensure proper delivery and execution of course materials; effectively evaluate and coach; maintain student safety to the highest degree where applicable; demonstrate safe riding habits; and wear proper riding gear when riding to, from and during rider training activities.

4.Change of name or address. When a person, after applying for or receiving a motorcycle rider education instructor license, changes his or her name or moves from the address named on the application or on the motorcycle rider education instructor license issued, that person shall, within 30 days, notify the Secretary of State, in writing or by other means approved by the Secretary of State, of the old and new name/address.

29- 250 C.M.R. ch. 11, § 5