Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 23.00 - Licensing, Certification and Operating Requirements for Professional Driving School Instructors; and Others
Section 23.02 - Definitions

Certificate, Certified or Certification. For the purpose of 540 CMR 23.00, certificate, certified or certification shall be synonymous with license or licensure when related to a school, a program or an instructor except when referring to an individual's driver's license.

Driver Education Program. A standardized driver education program established by the Registrar.

Driver Education Provider. A Professional Driving School, Public School Driver Education Program or a Driver Skills Development Program.

Driver Skills Development Program (DSDP). A driver training program licensed by the Registrar that uses hands-on instruction to teach student drivers to anticipate potential on-road hazards and how to perform maneuvers to avoid the most common types of crashes while maintaining vehicle control. Driver Skills Development Programs shall only be taught by instructors certified to provide such program instruction. Driver Skills Development Program students must be licensed drivers or persons with learner's permits who have completed at least ten hours of supervised driving. Driver Skills Development Programs may only be provided on closed off-road courses in late model passenger automobiles equipped with anti-lock brake (ABS) systems. The driving skills or techniques required to be taught in a Driver Skills Development Program must include, but are not limited to the following:

(a) Proper Hand and Seating Position. Demonstrating the proper positioning of a driver's hands on the steering wheel and the proper seating position of a driver in a secured safety belt. These demonstrations are designed to help the student driver ensure better control of the vehicle in a crash and to lessen or avoid the potential for injury in the event of a crash.

(b) Emergency Braking. Demonstrating the sudden application of brakes while controlling the vehicle in a straight-line at various speeds. These demonstrations teach student drivers the techniques and effectiveness of anti-lock brake (ABS) systems in an emergency stop. These demonstrations further provide an understanding of the different mechanics and disparity in stopping distances of ABS versus non-ABS brake systems. Finally these demonstrations stress vehicle performance during sudden stops.

(c) Steering Control Skills. Demonstrating steering control maneuvers on a slalom course. These demonstrations teach a student driver how to maintain control of the vehicle while trying to avoid other objects or vehicles on the road. The student driver is taught evasive maneuvers to the left and to the right around a series of traffic cones while moving at various speeds.

(d) Proper Following Distance. Demonstrating the importance of keeping a safe following distance to avoid "tailgating" and "rear-end" types of vehicle crashes.

(e) Backing-up. Demonstrating the limited visibility a driver has when attempting to backup using the vehicle's rear-view mirrors. Student drivers are taught awareness of unseen dangers when driving a vehicle in reverse and instructed to avoid unnecessary driving in reverse.

(f) Crash Avoidance. Demonstrating combined driving skills which allow student drivers to use emergency braking, corrective steering and control, sudden and evasive emergency maneuvers and obstacle avoidance.

Driver Skills Development Program Instructor. A person certified by the Registrar to instruct a Driver Skills Development Program.

Instruction for Hire. The business of instructing persons for a fee in the operation of a motor vehicle. A sponsor for a Class D driver license examination who is compensated for such sponsorship shall be presumed to be conducting instruction for hire. Instruction for hire shall not include training provided by an employer or trade organization if the training is for the purpose of obtaining a Class A, B, or C license.

Principal Administrator. The individual who has responsible control or management of the driving school program, its personnel or its assets.

Professional Driving School. A driver training school licensed by the Registrar to conduct a Professional Driving School Program.

Professional Driving School Instructor . A person certified by the Registrar who is approved to give instruction for hire in the operation of a motor vehicle only when engaged by a licensed Professional Driving School.

Public School Driver Education Instructor. A person certified by the Registrar who is approved to give instruction for hire in the operation of a motor vehicle only when engaged by a licensed Public School Driver Education Program.

Public School Driver Education Program . A program offered through a public school for the instruction of driver training which, unless otherwise agreed to by the Commissioner of the Massachusetts Department of Education and the Registrar, incorporates all of the requirements of a Professional Driving School except that of licensing fees, performance bond requirements and licensing fees for the instructors.

Registrar. The Registrar of Motor Vehicles or her designee.

Registry. The Registry of Motor Vehicles.

Unsatisfactory Driving Record. A record of an individual's driving history in any or all states in which he/she was licensed that includes:

(a) Any mandatory license suspension activity, or revocation of licensing or driving privileges within the preceding two years based on a moving violation; or

(b) Any conviction under the provisions of M.G.L. c. 90, § 24, within the preceding five year period of operating a motor vehicle while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, as defined in M.G.L. c. 94C, §1 or the vapors of glue. Any person who consents to have any such case disposed of under the provisions of M.G.L. c. 902, § 24D shall for the purpose of 540 CMR 23.02: Unsatisfactory Driving Record be deemed to be convicted.