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.
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.