All driver education schools must adhere to the
standardized curricula established by these rules.
1.
Class A driver education school
curriculum. A Class A driver education school providing a driver
education course must follow the driver education curriculum approved by the
Secretary of State. The textbook and other materials necessary to deliver the
curriculum must be available for each student and may not be more than one
edition older than the most recent edition or version. The Secretary of State
may authorize the use of older editions if the changes to the most recent
edition are in significant. This curriculum requires 30 hours of classroom and
ten hours of behind-the-wheel training. The curriculum is divided into three
sections and provides a learning sequence which begins with the presentation of
basic driver education concepts leading to the more difficult and complex
concepts. A driver education instructor may not provide the instruction
required by this curriculum until the person has completed training, approved
by the Secretary of State, to deliver the curriculum.
A.
Pre-driving instruction. The
following classroom instruction must be provided to the student before the
student operates a motor vehicle.
(1) The
Highway Transportation System & Risk Management
(2) Observation techniques
(3) Understanding Regulatory & Warning
Signs
(4) Guide &
International Signs
(5)
Understanding the Purpose of Pavement Markings
(6) Traffic Control Signals
(7) Right-of-Way Rules
(8) Speed Limits Help in Reducing Risk
(9) Comfort & Control Systems
& Risk Management
(10) The
Visibility & Protective Systems of Your Car
(11) Information & Communication Systems
(12) Checks & Procedures to
Use Before Driving
(13) Basic
Operating Procedures: Automatic Transmission
(14) Basic Operating Procedures: Manual
Transmission
(15) Acceleration,
Deceleration & Speed
(16)
Learning How to Steer the Car
B.
Behind-the-wheel instruction.
The following classroom instruction must be presented in the order indicated
(1) Moving From a Curb into Traffic & Out
of Traffic to a Curb
(2) How to
Prepare for & Execute a Right Turn
(3) How to Prepare for & Execute a Left
Turn Planning & Executing a Reverse in Direction
(4) Managing Power & Speed on Hills &
Mountains
(5) Managing Visibility,
Time & Space
(6) Visibility,
Time & Space on Rural
(7)
Visibility, Time & Space on Urban Streets
(8) Visibility, Time & Space on
Multiple-Lane Highways
(9)
Managing Visibility, Time & Space When Changing Lanes
(10) Passing Another Vehicle & Being
Passed
(11) How to Prepare for and
Execute a Parking Maneuver
C.
Additional instruction. The
following classroom instruction must be provided. The order of presentation is
optional with the school.
(1) Distracted
Driving
(2) Knowing Yourself
(3) Handling Social Pressures
(4) Administrative Laws and
Accidents
(5) Light & Weather
Conditions
(6) Sharing the Roadway
(7) Natural Laws & Driving
(8) Responding to An Emergency
(9) Buying a Car
(10) Car Systems & Maintenance
(11) Planning A Trip
(12) Getting Ready: Your State Driving Test
D.
Other related
requirements(1)
Parental
involvement. The curriculum includes a parental involvement component.
For the purpose of this paragraph the following person would satisfy this
component: parent, stepparent, foster parent, legal guardian, or grandparent
living within the same household, or other person approved by the Secretary of
State. The component must be approved by the Secretary of State and may be
satisfied by the following non-exhaustive list of methods.
(a) Attendance during classroom instruction
for at least two hours.
(b)
Accompanying the student during behind-the-wheel training for at least one
hour.
(c) Attendance at a school
orientation for at least one hour.
(d) Review of instructional/informational
video tapes provided by the school which last for at least one hour. A work
sheet completed by the student and parent must be submitted for review by the
instructor.
(e) Any exception to
parental involvement must be approved by the Secretary of State. This component
is not required if the student is 18 years old by the completion of the course.
This component may be waived for an emancipated minor.
(2)
Classroom hours. Classroom
instruction may not exceed ten hours in any seven day period from the start
date of the course and no more than three hours of classroom instruction may be
provided on any calendar day. Break time shall not be accumulated for early
release from classroom instruction. Courses offered in public or private
schools may not start sooner than 15 minutes after the end of the regular
school day. Two or more courses scheduled consecutively at the same location on
the same day, may not start sooner than 15 minutes after the scheduled
completion of the immediate preceding session. No classroom instruction may be
provided before 6:00 AM or after 10:00 PM. A request to waive these time
restrictions must be made in writing and may be approved by the Secretary of
State if warranted by extenuating circumstances such as a severe weather
event.
(3)
Student-instructor
ratio. The maximum student-instructor ratio is 30 to 1.
(4)
Guest speakers. Unless
authorized by the Secretary of State, no more than three hours of the 30
classroom hours may be devoted to guest speakers. A Class A driver education
instructor must be present during a guest speaker's presentation. All speaker
presentations must be directly related to the required curriculum and use of
graphic accident scene pictures or video material is prohibited unless approved
by the Secretary of State.
(5)
Behind-the-wheel hours. Behind-the-wheel instruction may not
exceed two hours for a student on any calendar day. When a student is scheduled
for a two hour lesson, at the end of the first hour an instructor shall provide
the student the option of a ten minute break. If the student is displaying
signs of fatigue or extreme stress, the instructor shall require the student to
take a ten minute break. If the student opts not to take a break, a
behind-the-wheel lesson may not be ended ten minutes early. Unless authorized
by the Secretary of State, no behind-the-wheel instruction may be provided
before 6:00 a.m. or after 10:00 p.m.
(6)
Behind-the-wheel instruction on
road test routes. Behind-the-wheel instruction in a driver education
vehicle, including instruction provided to persons who are not enrolled in a
driver education course, may not include practicing parking maneuvers on a
state vehicle specifically marked "Reserved for Road Testing". A driver
education instructor must make every reasonable effort to avoid interfering
with a driver license examiner who is conducting a road test.
(7)
Vision screening for
students. A school must screen each student's vision prior to conducting
behind-the-wheel training. A student who does not have vision correctable by
lenses of at least 20/40 in the best eye may not operate a motor vehicle until
the student presents a statement from a doctor, optometrist, registered nurse
or other person approved by the Secretary of State that shows vision is at
least 20/40 in the best eye.
(8)
Evaluation. A driver education school providing a driver education
course must have a plan for evaluating and recording student progress in
meeting course objectives, which may include performance standards. A driver
education school must also have a written policy, which must be provided to
students prior to the start of a driver education course, that defines
satisfactory course completion standards.
(9)
Refund and cancellation
policy. A driver education school must have a written refund and
cancellation policy which must be furnished to the student at the time of
enrollment in a driver education course. All fees related to the course must be
disclosed in this policy. This policy must include a notice that driver
education is regulated by the Secretary of State.
(10)
Incomplete driver education
course. A student, enrolled in a driver education course who fails to
complete the course by discontinuing, is allowed to resume a similar course
from the point which the student had completed if the student resumes within
six months. Missed classes may be taken at any licensed driver education school
provided the subject and topic area missed by the student are
covered.
(11) A student who is
absent from class or classes may not take the final examination until all
classroom instruction is completed; or be issued a course completion
certificate until all components have been completed. A student has six months
from the date of the missed class to complete the makeup. For the purpose of
this section, a student may exceed the time limit as described in §6,
subsection 1D (2) once in the course in which they are enrolled.
(12)
Video. All forms of video
presentation, including but not limited to VHS, CD, DVD, Blu-ray disc or
Internet based format, must be approved by the Secretary of State prior to use
in adriver education course. Instructors must be present in the classroom
during the video presentation.
(13)
Harassment prevention. At the beginning of a driver education
course, a driver education school must provide, and review with students,
information to prevent any form of harassment of any student or instructor
either in the classroom or in a vehicle during behind-the-wheel
instruction.
(14) A course
completion certificate shall not be issued to any student who has not completed
classroom and behind-the-wheel instruction, passed the final examination or was
not 15 years old at the commencement of the course.
E.
Final examination. A driver
education school must administer a final examination to students who have
completed all the requirements provided in these rules and any additional
requirements imposed by the driver education school. The examination must
consist of a minimum of 30 questions and the student must correctly answer 80
percent of the questions to pass the examination. The Secretary of State shall
provide the questions by category which the school must use for the final
examination.
F.
Course
completion certificate. A driver education school must issue a course
completion certificate, provided by the Secretary of State, to a student who
successfully completes all of the course requirements. A student may not be
issued a completion certificate unless the student has received all the
instruction required by the approved curriculum and meets the minimum
requirements established by these rules and applicable statute. A driver
education school may establish additional reasonable requirements, including
performance standards, that a student must meet to obtain a course completion
certificate. If a driver education school establishes additional requirements,
the student must be advised, in writing, prior to enrolling in the course of
all the requirements necessary to earn a course completion certificate. A
driver education school may not withhold the issuance of a course completion
certificate solely because the student fails to pay any fee required by the
school.
2.
Commercial motor vehicle driver education curriculum
A.
Commercial motor vehicle driver
education course instructing students in the operation of vehicles which
require a Class A driver's license. A commercial motor vehicle driver
education school providing such a course must follow the tractor trailer driver
curriculum approved by the Secretary of State. The textbook and other materials
necessary to deliver the curriculum may not be more than one edition older than
the most recent edition or version. The Secretary of State may authorize the
use of older editions if the changes to the most recent edition are
insignificant. This curriculum requires 78 hours of classroom instruction, 25
1/2 hours of laboratory instruction and 44 hours behind-the-wheel
instruction. All behind-the-wheel instruction must occur under the direct
supervision of a driver education instructor who has a commercial vehicle
endorsement. A driver education instructor may not provide the instruction
required by this curriculum until the person has completed training, approved
by the Secretary of State, to deliver the curriculum.
B.
Commercial motor vehicle driver
education course instructing students in the operation of vehicles which
require a Class B driver's license. A commercial motor vehicle driver
education school providing such a course must adhere to the following
requirements and must submit the curriculum to the Secretary of State for
approval before the start of a course.
(1)
Classroom and behind-the-wheel hours. The course must provide 42
hours of classroom instruction, 20 hours of behind-the-wheel instruction on an
off-road range area or facility and 10 hours of behind-the-wheel instruction
on-road in rural and urban traffic areas.
(2)
Classroom instruction.
Classroom instruction must include the following topics.
(a) Orientation
(b) Safe operation regulations, including:
(i) Maine motor vehicle law (Title 29-A,
Maine Revised Statutes)
(ii)
Federal motor carrier safety regulations
(c) Equipment introduction
(d) Commercial motor vehicle safety control
systems
(e) Safe vehicle control,
including:
(i) control systems
(ii) basic control
(iii) shifting
(iv) backing
(v) visual search
(vi) communication
(vii) speed and space management
(viii) driver fatigue
(ix) night operation
(x) extreme driving conditions
(xi) hazard perceptions
(xii) emergency maneuvers
(xiii) skid control and recovery
(f) Relationship of cargo to
vehicle control
(g) Vehicle
inspections
(h) Hazardous materials
knowledge
(i) Air brake
knowledge
(j) First Aid
(k) Accident procedures
(l) Defensive driving principles
(m) Enforcement agencies and
regulations
(n) Drugs, alcohol and
driver fitness
(o) Distracted
driving
(3)
Behind-the-wheel instruction. All behind-the-wheel instruction
must occur under the direct supervision of a driver education instructor who
has a commercial motor vehicle endorsement and must include the following
skills and topics.
(a) Basic safe vehicle
control, including:
(i) ability to
start
(ii) ability to
stop
(iii) ability to move the
vehicle forward and backward
(b) Basic vehicle inspection and operation of
air brakes
(c) Safe driving,
including:
(i) visual search
methods
(ii) use of
signals
(iii) speed control for
weather, traffic and cargo conditions
(iv) ability to choose a safe gap and
correctly position the vehicle when changing lanes or turning
C.
Other requirements. The requirements of subsection 1, paragraph D,
subparagraphs (7) through (11) apply to the commercial motor vehicle driver
education curriculum.