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.