N.M. Admin. Code § 1.5.3.13

Current through Register Vol. 35, No. 17, September 10, 2024

Section 1.5.3.13 - DEFENSIVE DRIVING COURSE

A.Defensive driving course. TSD will use the on-site instructor taught course material including the TSD online national safety council (NSC) defensive driving and safety curriculum (DDC). Agencies desiring to provide NSC/DDC training independent of TSD must request authorization to provide NSC/DDC instruction from the director or designee prior to commencing the utilization of any NSC/DDC tools or materials. In addition, the agencies must follow the curriculum approved by the director or designee prior to commencing the utilization of the proposed training tools. It is the responsibility of the proposing agency to incorporate all state of New Mexico TSD requirements into the defensive driving curriculum. All on-line courses are required to be reviewed and permission to utilize these courses must be approved by TSD prior to commencing use.

B.Course availability. TSD shall offer regularly scheduled defensive driving classes in Santa Fe and Albuquerque. This does not preclude TSD from offering these classes at the requesting agency's site. A state agency or state employee should contact the division for information about scheduled classes, locations, costs, registration, or scheduling of department trainings.

C.Instructor certification. To receive a certificate as a NSC/DDC Instructor, it is necessary to submit the written request to the director or designee for review and approval. This applies to employees who may have received a NSC/DDC instructor certification while under the employment of another governmental agency. All prospective instructors may attend the TSD instructed NSC/DDC - six (6) and four (4) hour classes; and, are required to teach one TSD six (6) hour course and one (1) TSD four (4) hour course under TSD supervision prior to receiving consideration of approval to teach. Instructors in good standing must complete the TSD certification process every two (2) years. TSD may choose to conduct instructor/class audits.

D.Driver certification required. All defensive driving certificates are valid for four (4) years. All authorized drivers of state vehicles must have a current TSD approved NSC defensive driving certificate in their possession while driving a state vehicle. TSD requires employees who seek to operate a state vehicle to provide proof of current certification. New employees must successfully take and pass the six (6) hour TSD prescribed NSC defensive driving class with a grade of eighty percent (80%) or better to become an authorized driver. If the new employee provides proof of NSC/DDC certification within two (2) years previous to the date of employment, at the discretion of the director or designee, the employee may only have to take the four (4) hour NSC/DDC, or the administrative use of state vehicles online certification course.

(1) If a state employee needs to operate a state vehicle in furtherance of state business but has not successfully completed the NSC defensive driving course, the state employee must register for the next available NSC defensive driving course, or the TSD online NSC/DDC. The employee's agency head or designee must submit a written request for a temporary waiver not to exceed thirty (30) days of the certification requirement from the director or designee. The waiver request shall include the state employee's name and New Mexico driver's license or an approved out-of-state driver's license number (accompanied by a valid out-of-state driving record), and the date the state employee is scheduled to attend the NSC defensive driving course. If approved, the director or designee will specify the term of the waiver. If the request is denied, the director or designee will specify in writing the reason for the denial within ten (10) working days of the date the waiver request is received by the division. Driver waivers cannot be renewed.

(2) If the state employee's certification has expired, the employee shall be required to successfully complete a six (6)-hour NSC/DDC certification class taught by an instructor or complete the TSD online NSC/DDC.

E.Driver re-certification. Each state employee is required to take the defensive driving refresher course every four (4) years.

(1) An employee may take the four (4) hour refresher course provided by TSD; however, the employee must provide proof of previous NSC/DDC certification.

(2) Failure to provide proof of previous NSC/DDC will require the employee to register to take the six (6) hour NSC/DDC course or the TSD online NSC/DDC.

F.List of certified state employees. The agency vehicle coordinator shall maintain a list of certified state employees employed by the agency, including a current copy of the employee's valid NM drivers' license.

G.User agency requirements.

(1) The user agency is responsible for checking authorized drivers' licenses to assure compliance with motor vehicle division laws.

(2) TSD will provide a template of the TSD database to the instructor.

(3) The maintenance and listing of authorized drivers.

(4) Maintenance and listing of suspended driving privileges including drivers' license revocations, suspensions and driving under the influence (DUI).

(5) The agency is subject to TSD audits of state agency authorized driver records.

(6) Certificates must be printed and have an original instructor signature.

H.Lost certificates. If a state employee loses his or her defensive driving certificate, the TSD will issue a replacement certificate at a cost per certificate. If the state employee cannot provide proof of taking a TSD authorized defensive driving certification course, the employee must register for a six (6) hour NSC defensive driving course or the TSD online NSC/DDC.

N.M. Admin. Code § 1.5.3.13

1.5.3.13 NMAC - Rp, 1.5.3.13 NMAC, 1-15-13

Adopted by New Mexico Register, Volume XXVI, Issue 14, July 30, 2015, eff. 7/30/2015