N.H. Admin. Code § Saf-C 3121.01

Current through Register No. 44, October 31, 2024

Section 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.

N.H. Admin. Code § Saf-C 3121.01

Derived from Volume XLI Number 10, Filed March 11, 2021, Proposed by #13171, Effective 2/22/2021, Expires 2/22/2031.