29- 250 C.M.R. ch. 11, § 6

Current through 2024-44, October 30, 2024

Section 250-11-6 - Motorcycle Rider Education School Licensing Requirements

1.Licensing Requirements. Any person, who conducts motorcycle rider education, operates a motorcycle rider education school or represents oneself as providing the same must be licensed by the Secretary of State. A license is required for each location where motorcycle rider education is provided.

2.Application and General Requirements. An applicant for a motorcycle rider education school license must submit the following information to the Secretary of State, who will provide forms for this purpose, and meet the following requirements.

A.Ownership and Employee Information.

(1)Identity of school owners. The name, date of birth, address and title of each owner, including partners and shareholders. Prior to approval of an application, if a person applying for a motorcycle rider education school license is not licensed as a motorcycle rider education instructor, the person must submit to a criminal background check and pay the appropriate fee. This includes corporate owners and partners.

(2)Identity of motorcycle rider education instructors. The names and date of births of motorcycle rider education instructors employed by the school. The school must ensure that all motorcycle rider education instructors employed by their school hold a valid certification from an approved curriculum provider, driver's license and motorcycle instructor license.

(3)Identity and location of school. The school name, mailing address, classroom location, range location, and the location where records will be maintained.

(a)School name. If a motorcycle school does not renew its license within two years, the Secretary of State may grant a license to another school with the same operating name.

(b)School location. A motorcycle rider education school may not be located in a facility where the Secretary of State conducts business at any location initially licensed after the effective date of these rules.

3. Must be in good standing with an approved curriculum provider as a motorcycle rider education school.

4.Facilities and Equipment. Motorcycle rider education courses shall only be conducted at a location licensed by the Secretary of State. Only one school may be licensed at any location where motorcycle rider education is conducted. The classroom must be used exclusively for motorcycle rider education instruction during classroom instruction. A person making application for a motorcycle rider education school license shall provide a classroom in a permanent or temporary location, to include a range, that includes:

A. A minimum of 24 square feet of floor space for the instructor, plus a minimum of fifteen (15) square feet of floor space per student;

B. Adequate seating and writing space for each student;

C. Adequate lighting, heat and ventilation;

D. Adequate rest room facility that is accessible to students during the classroom and range portion of the course. A restroom facility must be located within a reasonable distance of a range, which will be determined at the time of inspection;

E. Currently inspected fire extinguishers; 5 lb. for the classroom and 10 lb. for the range;

F. Appropriate teaching aids, literature and forms that must include:

(1) An instructor guide appropriate to the course being taught;

(2) The latest edition of the State of Maine, Motorcycle Safety Program Manual;

(3) The latest edition of the Maine Motor Vehicle Statutes (Title 29-A);

(4) A copy for each student of the latest edition of the Maine Motorist Handbook and Study Guide as developed by the Secretary of State;

(5) A copy for each student, of the latest edition of the curriculum provider student workbook, for the appropriate course being taught;

(6) A copy of the Motorcycle Rider Education Rules;

(7) New course reports;

(8) Course completion reports;

(9) Course completion certificates;

(10) Incomplete student reports;

(11) Skill evaluation score sheets;

(12) Incident reports;

(13) Course waiver/indemnification forms;

(14) Learner's permit applications; and

(15) Organ donation pamphlets.

G.Range information. A range must be within visual proximity of the classroom facility and meet specifications for range layout and equipment as set forth in the curriculum provider's specifications.

H.Insurance. Confirmation of liability insurance coverage from the school owner for the motorcycle riders while operating on the range. Minimum liability insurance coverage of $2,000,000.

I.Compliance with land use regulations. A certificate of occupancy or a report from the local fire department or other proper official which demonstrates that the school premises comply with state and municipal requirements regarding public health, safety and access. Authorization to use the facility as a rider education school is required. If the classroom is located in a public or private school, a comparable letter from the superintendent, principal, dean or headmaster will fulfill this requirement. Mobile or portable classrooms are also subject to this requirement.

J.Surety bond.The surety bond shall be for the use and benefit of the Secretary of State, and for any person who may suffer a financial loss due to a motorcycle rider education school failing to provide motorcycle rider education as required in 29-A MRS subchapter 3, 1352 (1) and Department of Secretary of State, Bureau of Motor Vehicles, Chapter 11: Rules Governing Motorcycle Rider Education § 4.

(1) The surety bond shall be at least $10,000.

(2) The surety bond shall become payable upon order of the court of competent jurisdiction or administrative rule by the Bureau of Consumer Credit Protection or the Secretary of State.

K.Inspections. Classrooms and ranges shall be inspected annually. The Secretary of State may at any reasonable time, with or without notice, conduct on-site inspections of records, facilities and equipment in order to determine compliance with these rules.

L.Fees. Motorcycle rider education schools shall submit an annual fee as established by 29-A MRS Section1353(2).

M.Signs. The name of the school may be displayed at the established place of business. "Motorcycle course" may be included on the sign; the sign cannot reference guarantee of a permit or license.

N.Motorcycles. School owned, rented, leased, or borrowed motorcycles used for any hands-on training course must be approved by the Secretary of State and meet the following requirements:

(1) A motorcycle must be available for each student enrolled in the course, and two spare motorcycles must be made available for student use in the event of mechanical malfunction.

(2) Must be in safe operating condition.

(3) Must meet at least two of the following:

(a) An engine displacement of 500cc or less;

(b) An unladen weight of 440 pounds or less;

(c) A seat height of 30 inches or less;

(4) All primary controls including, but not limited to throttle, clutch lever, gear shift lever, front brake lever, rear brake pedal, and associated cables must be without defect and fully functional.

(5) The brake light must illuminate when slight pressure is applied to the front brake lever, and rear brake pedal independently.

(6) Tire tread depth must be at least 2/32 of an inch everywhere on the tread when measured with a tread depth gauge, or unless worn to the wear indicators.

(7) Chain guard must be securely mounted and provide shielding from the chain or drive belt.

(8) Exhaust system must prevent excessive noise and not be altered beyond manufacturer specifications.

(9) Battery cover must be securely in place and protect the battery terminals.

O.Employees. The school must immediately advise the Secretary of State, in writing, whenever a motorcycle rider education instructor is hired or leaves the school's employ.

P.Sale or closure of motorcycle rider education school. A motorcycle rider education school owner must immediately advise the Secretary of State, in writing, of its sale or closure. A school that is closed or sold must immediately return all documents, forms and other related material issued by the Secretary of State and its license, if unexpired, to the Secretary of State.

29- 250 C.M.R. ch. 11, § 6