29- 250 C.M.R. ch. 11, § 7

Current through 2024-44, October 30, 2024

Section 250-11-7 - Motorcycle Rider Education Program Requirements

1.Curriculum. An instructor shall comply with the approved course curriculum meeting national standards, approved by the Secretary of State, and the Maine Motorcycle Safety Program Manual while conducting a motorcycle rider education course.

A.Curriculum hours. An instructor shall ensure that each student completes:

(1) Prior to any training course, all motorcycle rider education students shall complete a minimum of 3 hours on-line (ecourse) or an equivalent pre-course assignment that includes motorcycle safety related topics and rider responsibility aspects as required by the State of Maine standards.

(2) At least 5 hours of actual classroom instruction and 10 hours of actual hands-on range instruction, as required in the basic motorcycle rider education course instructor guide before a student may be issued a course completion certificate; or

(3) At least 8 hours of actual classroom instruction and 8 hours of actual hands-on range instruction as required in the 3-wheel basic motorcycle rider education instructor guide before a student may be issued a course completion certificate; or

(4) Classroom units and range exercises must be delivered as outlined in the approved curriculum and the Maine Motorcycle Safety Program Manual. Any exceptions must be approved by the Secretary of State.

(5) For safety reasons, during any motorcycle course, a training day that exceeds 5 hours of instruction shall incorporate a 45-minute (minimum) meal/rest break for students and instructors, near the mid-way point of that training day. Other student breaks as prescribed by the curricula shall be completed.

B.Student eligibility. An instructor shall ensure that each student:

(1) Is at least sixteen (16) years of age at the start of any motorcycle rider education course;

(2) A person under 18 years of age must have written permission from a person that meets the requirements of 29-A MRS Section1302, subsection 1;

(3) Furnishes proof of age when enrolling in a motorcycle rider education course if not in possession of a valid State of Maine driver's license; and

(4) Furnishes proof of completion of an approved program of driver education, as described in 29-A MRS, Section1351, if under eighteen (18) years of age and not in possession of a valid Maine driver's license.

C.Submission and retention of records. A motorcycle rider education school shall:

(1) Submit a copy of all new course reports to the Secretary of State at least seven (7) days prior to the start of the course. School owner shall notify the Secretary of State, in writing, of any course cancellation or change within 48 hours of the course start time. The motorcycle safety program coordinator shall be notified via cellphone of any last-minute course cancellations or changes, before the start of any course;

(2) Submit a copy of all course completion reports to the Secretary of State within seven (7) days of completion of the course;

(3) Retain a duplicate copy of all records for at least five (5) years;

(4) Report the loss, mutilation or destruction of any records to the Secretary of State within ten (10) days, stating the date and circumstances involved;

(5) Keep records current and available for inspection by the Secretary of State at all reasonable times and;

(6) Return all course completion certificates voided by the school to the Secretary of State upon completion of the course.

D.Course completion certificates. For the purpose of obtaining a motorcycle license, endorsement or learner's permit, as required by 29-A MRS, Section 1352(5):

(1) A school shall issue a course completion certificate, provided by the Secretary of State, to a student who successfully completes all course requirements;

(2) A student may not be issued a course completion certificate unless the student has received all the instruction required by the standardized curriculum of a motorcycle rider education course, and meets the minimum requirements established by these rules and applicable statute;

(3) A student who begins but does not complete a basic motorcycle rider education course or 3-wheel basic motorcycle rider education course, must repeat a complete course to receive a course completion certificate.

(4) A student who passes the written exam, but disqualifies on the skills evaluation of a basic or 3-wheel motorcycle rider education course, and otherwise meets requirements of 29-A MRS Section 1352, subsection 6B allowing waiver of a road test, may repeat the entire range portion and skills evaluation during the current riding season of the initial course in which they participated.

(5) A motorcycle rider education school may not withhold the issuance of a course completion certificate solely because the student fails to pay any fee required by the school.

E.Duplicate course completion certificates

(1) A school may not issue a duplicate course completion certificate but shall instead refer each student's request to the Secretary of State, Bureau of Motor Vehicles.

(2) The Bureau of Motor Vehicles may issue a certification of completion, upon each student's request, provided it has received course completion report showing the completion of the student, and it is satisfied that such a request is justified.

F.Monitoring performance. The Secretary of State may, at any reasonable time, monitor and evaluate an instructor's performance to determine compliance with 29-A MRS Section1352 and these rules.

G.Refund and cancellation policy. A motorcycle rider education school must have a written refund and cancellation policy which must be furnished to the student at the time of enrollment in a course. All fees related to the course must be disclosed in this policy. This policy must include a notice that motorcycle rider education is regulated by the Secretary of State.

H.Student to Instructor ratio

(1)Basic Motorcycle Rider Education Course. The maximum number allowed in the classroom shall not exceed 24 students and shall not exceed 12 students per instructor. The maximum number allowed on the range shall not exceed 12 students and shall not exceed 6 students per instructor.

(2)3-Wheel Basic Motorcycle Rider Education Course. The maximum number allowed in the classroom shall not exceed 12 students. The maximum allowed on the range shall not exceed 6 students with two instructors. The maximum allowed on the range shall not exceed 4 students with one instructor. As ride sharing (half riding/half observing) is acceptable for the 3-wheel basic motorcycle rider education course, an additional instructor shall be present when students are observing a group that is riding.

(3)Double Classes. When two separate groups of students are sharing a training facility during the same period of time while conducting a Basic Motorcycle Rider Education Course or in combination with a 3-Wheel Basic Motorcycle Rider Education Course, the following will be adhered to:

(a) When one group is on the range, an additional instructor will be required to assist when the second group arrives until the completion of all training;

(b) All instructors and students will be provided a minimum 1-hour meal/rest break at the same time, at the transition between range and classroom or at the transition between the groups utilizing the range or;

(c) Two additional instructors must be provided to train the second group on the range.

I.Instructor Preparation Course. The Maine Motorcycle Safety Program Coordinator or a certified curriculum instructor trainer, approved by the Secretary of State, will conduct Instructor Preparation Courses on an as needed basis.

(1) The course shall be held at a licensed motorcycle rider education school.

(2) If an approved certified curriculum instructor trainer is providing the Instructor Preparation Course, the Maine Motorcycle Safety Program Coordinator will conduct the final evaluation and scoring of each candidate and student.

(3) The approved certified curriculum instructor trainer must provide, in writing to the Secretary of State, notification of an Instructor Preparation Course at least 60 days prior to the start of the course. A form will be provided by the Secretary of State for course reporting.

29- 250 C.M.R. ch. 11, § 7