Current through 2024-38, September 18, 2024
1.
Types of driver education
instructor licenses
A.
Class A
driver education instructor license. A Class A license authorizes the
person to teach both the classroom and behind-the-wheel phases of driver
education, and, when authorized by the Secretary of State, to provide digital
instruction.
B.
Class B
driver education instructor license. A Class B license authorizes the
person to teach only the behind-the-wheel phase of driver education.
C.
Class A commercial vehicle
endorsement. A Class A endorsement authorizes the person to teach both
the classroom and behind-the-wheel phases of commercial motor vehicle driver
education, and, when authorized by the Secretary of State, to provide digital
instruction.
D.
Class B
commercial vehicle endorsement. A Class B endorsement authorizes the
person to teach only the behind-the-wheel phase of commercial motor vehicle
driver education.
2.
General requirements. Any person who conducts driver education,
operates a driver education school, acts as a driver education instructor or
represents oneself as providing the same must be licensed by the Secretary of
State. The Secretary of State may not authorize a person to conduct any type of
driver education unless the person meets the following requirements.
A. The person is at least 22 years of age and
has a high school diploma or its equivalent. The age requirement applies to any
initial applicant following the effective date of these rules.
B. The person has at least six years of
driving experience as a licensed operator and possesses a valid license.
If a person has not held a Maine license, a certified copy
of the persons driving record and proof of licensure from any state in which a
license was held in the preceding six years must be provided with the
instructor application.
C.
The person has not been convicted for a moving criminal traffic offense within
the last six years, other than operating with an expired registration or
operating without a license when the license had expired less than five years
before.
D. The person has not been
designated as an accident prone driver pursuant to 29-A MRSA §1308 within
the last year.
E. The person has
not had a driver's license suspended or revoked within the last six years
pursuant to 29-A MRSA §§2411, 2453, 2454, 2456, 2457, 2472, 2521,
2525, 2552, 2554, 2555 or 2557.
F.
The person has not been convicted of any Class A, B or C crime within the last
ten years. The person has never been convicted of any crimes listed in 17-A
MRSA §§201, 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 MRSA §§211,
211-A, 256, or 259-A may request a hearing with the Secretary of State to show
cause why denial on these grounds is not appropriate.
G. The person passes an examination
administered by the Secretary of State, as described in §4, subsection 7,
consisting of a knowledge, vision and road test in a representative
vehicle.
H. The person has
completed a first aid course approved by the Secretary of State within the
preceding three years. Upon application, the first aid course completion
certificate must be valid.
I. The
person has completed a driving dynamics or defensive driving course approved by
the Secretary of State within the preceding year.
J. The person does not have any physical,
emotional or mental impairment which would prevent driver licensure in
accordance with 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 driver education instructor license until all
medical requirements have been met.
K. An out-of-state driver applying to be
licensed as a driver education instructor in Maine must provide a criminal
background check from the state of record upon initial application and each
renewal of the instructor license.
L. With approval from the Secretary of State,
a person from another state who has been licensed as a driver education
instructor in another state in the preceding five years, may be exempted from
§4 subsection 3A by providing proof of driver education instructor
certification requirements and applicable certification documents.
3.
Requirements for a Class
A driver education instructor license. In addition to the general
requirements listed in §4, subsection 2, a person applying for a Class A
driver education instructor license must meet the following requirements.
A.
Introductory course in driver
education instruction. The person must have completed an introductory
course in driver education instruction which includes peer teaching, curriculum
delivery, harassment prevention, and teaching special needs students, within
the preceding three years. The course must be approved by the Secretary of
State.
(1) Upon successful completion of this
course, filing a completed application and appropriate fees, satisfactory
criminal background check, and meeting the general requirements listed in
§4, subsection 2, except §4, 2G, a person may provide classroom and
behind-the-wheel instruction, for up to 30 days from the driver education
instruction course completion date, under the direct supervision of a Class A
driving instructor who has been licensed as such for at least five years. The
supervising instructor must be in the classroom and vehicle while instruction
is being delivered.
4.
Requirements for a Class B driver
education instructor license. In addition to the general requirements
listed in §4, subsection 2, a person applying for a Class B driver
education instructor license must have completed the introductory course in
driver education for a Class B driver education instructor license as described
in §4, subsection 8 within the preceding three years. Upon successful
completion of this course, filing an application and appropriate fees, a
satisfactory criminal background check, and meeting the general requirements
listed in §4, subsection 2, except §4, 2G a person may provide
behind-the-wheel instruction, for up to 30 days from the course completion
date, under the direct supervision of a Class A or B driving instructor who has
been licensed as such for at least five years, and is in the vehicle while
behind-the-wheel instruction is being delivered.
5.
Requirements for a commercial
vehicle endorsement
A.
Class A
commercial vehicle endorsement. In addition to the requirements listed
in §4, subsections 2 and 3, a person applying for a Class A commercial
vehicle endorsement must meet the following requirements.
(1) The person must have completed an
introductory course in commercial vehicle driver education within the preceding
three years. The course must be approved by the Secretary of State.
(2) The person must possess a valid
commercial driver's license and have at least two years experience in the last
10 years as a licensed driver in the actual operation of a representative
commercial motor vehicle.
(3) The
person has not had a driver's license suspended or revoked for operating a
commercial motor vehicle with a blood-alcohol level of 0.04 percent or more or
refusing to submit to a chemical test within the last six years.
B. Class B commercial vehicle
endorsement. In addition to the requirements listed in §4, subsection 2, a
person applying for a Class B commercial vehicle endorsement must meet the
requirements listed in §4, subsection 5(A)(2) and 5(A)(3).
6.
Continuing education and
training requirements for driver education instructor license renewal.
In addition to the requirements listed in §4, subsection 2, a person
applying for the renewal of a driver education instructor license must meet the
following requirements.
A.
Continuing
education. The person must complete a minimum of 16 hours of continued
education within each two year period following the issuance of the initial
driver education instructor license granted after the effective date of these
rules. The Secretary of State may approve, prior to participation and on an
individual basis, courses, conferences, workshops, webinars, seminars or
digital learning which satisfy this requirement. Course pre-approval is
obtained by submission and approval of a syllabus, course outline, or
conference agenda. Proof of continued education must be submitted with each
renewal application.
B.
Driver education instruction. A person licensed as a Class A
driving instructor, must provide at least 60 hours of classroom instruction and
20 hours of behind-the-wheel instruction in each two year period following the
issuance of a renewed or initial driver education instructor license granted
after the effective date of these rules. A person licensed as a Class B
instructor, must provide at least 40 hours of behind-the-wheel instruction in
each two year period following the issuance of a renewed or initial driver
education instructor license granted after the effective date of these rules.
Student record sheets must be provided as proof of instruction. Other related
teaching experience may satisfy this requirement if an applicant for license
renewal can show good cause, in writing, why driver education instruction was
not provided.
7.
Knowledge, vision and road test for driver education instructors.
Prior to the issuance of a driver education instructor license an applicant
must successfully complete a knowledge, vision and road test administered by
the Secretary of State. The applicant must pay the applicable fee as
established by 29-A MRSA Chapter 11.
A.
Knowledge test. A knowledge test consisting of at least 50
questions which measures an applicant's knowledge of traffic laws, safety,
rules of the road, signs and other driver responsibilities. An applicant must
score at least 80 percent to pass the knowledge test.
B.
Vision screening. An
applicant must meet the vision standards established by Chapter 3, Secretary of
State, Bureau of Motor Vehicles, Rules Governing the Physical, Emotional and
Mental Competence to Operate a Motor Vehicle.
C.
Road test. The road
evaluation measures the applicant's ability to operate a representative vehicle
in a safe and prudent manner while demonstrating the requisite skill, knowledge
and judgment. The test must include, at a minimum, the following:
(1) positioning of the vehicle on
ways,
(2) turns,
(3) parking on a hill,
(4) offset backing (parallel
parking)
(5) straight line
backing,
(6) lane
changes,
(7) adjusting to adverse
conditions,
(8) observance of signs
and signals,
(9) observance of road
markings,
(10) railroad grade
crossing if available,
(11)
perpendicular parking if available,
(12) angle parking if available,
and
(13) turn about: 2 point, 3
point, and U-turn.
D.
Upon successful completion of required testing, and meeting all other licensing
requirements, a person will be provisionally licensed to teach appropriate
courses under limited supervision. Within six months of being provisionally
licensed, a person must successfully complete a teaching evaluation, conducted
by a designee of the Secretary of State, for the types of instruction relative
to instructor license class.
E.
Except for vision screening, a person may not exceed three attempts to
successfully complete each form of required testing or evaluation within one
year of application date.
8.
Authority to provide the
introductory course in driver education instruction to applicants for a Class A
driver education instructor license. A licensed Class A driver education
instructor may be authorized by the Secretary of State to provide the
introductory course in driver education for Class A driver education instructor
license applicants required by §4, subsection 3 (A).
A.
Requirements. A person
seeking authorization under subsection 8 must meet the following requirements:
(1) The person must hold a bachelors degree,
have held a valid Class A driver education instructor license for the preceding
three years, and taught at least five complete driver education courses;
or
(2) The person must have held a
valid Class A driver education instructor license for the preceding five years,
and taught at least ten complete driver education courses; and
(3) The person must not have violated any
statute or rule governing driver education or any condition or restriction
placed on any license issued pursuant to these rules for which administrative
or other enforcement action was taken within the last five years; and
(4) The person must complete an instructor
preparation program as approved by the Secretary of State.
B.
Curriculum. The introductory
course in driver education for Class A driver education instructor license
applicants must be based on the approved curriculum standards; include
components in harassment prevention; and teaching students with special needs;
and provide a minimum of 90 hours of instruction which includes five hours of
behind-the-wheel training. The curriculum must be submitted to the Secretary of
State for review and approval.
C.
Location. The location where the course will be conducted must be
inspected and approved by the Secretary of State.
D. A course instructor must provide the
Secretary of State, in writing, notification of a driver education instructor
course at least 10 days prior to the start of the course.
E. Any instructor authorized under this
section must to allow any interested person to enroll in a course to meet
licensing requirements. The authorized instructor may assess a fee equal to the
current tuition for a three credit course through the University of Southern
Maine.
9.
Authority to provide the introductory course in driver education
instruction to applicants for a Class B driver education instructor
license. A licensed Class A driver education instructor may be
authorized by the Secretary of State to provide the introductory course in
driver education instruction for Behind-the-Wheel (Class B) driver education
instructor license applicants required by §4, subsection 4.
A.
Requirements. A person
seeking authorization under subsection 9 must meet the following requirements.
(1) The person must be a licensed Class A
driver education instructor for the preceding five years and have taught at
least 10 complete driver education courses.
(2) The person must not have violated any
statute or rule governing driver education or any condition or restriction
placed on any license issued pursuant to these rules for which administrative
or other enforcement action was taken within the last five years.
(3) The person must complete an instructor
preparation program as approved by the Secretary of State.
(4) The person must be observed and approved
by the Secretary of State teaching the first classroom and behind-the-wheel
instruction of a Class B driver education instructor introductory course in
driver education taught by the person.
B.
Curriculum. The introductory
course in driver education for Class B driver education instructor license
applicants must be based on the approved curriculum, include harassment
prevention training, provide a minimum of eight hours of instruction and
include behind-the-wheel training. The proposed curriculum must be submitted to
the Secretary of State for review and approval.
C.
Location. The location where
the course will be conducted must be inspected and approved by the Secretary of
State.
D. A course instructor must
provide the Secretary of State, in writing, notification of a driver education
instructor course at least 10 days prior to the start of the course.
10.
Change of name or
address. When a person, after applying for or receiving a driver
education instructor license, changes his or her name or moves from the address
named in the application or on the driver 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.
