Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Generally.
An instructor must:
A. be at least 21 years old;
B. have been a valid licensed driver for
three years in Minnesota or another United States state;
C. have a valid driver's license for the
class of motor vehicle for which the applicant wants to provide instruction;
and
D. have a high school diploma
or the equivalent.
Subp.
2.
Certified copy of driving record.
A. An instructor applicant shall submit a
certified copy of the applicant's driving record to the program's authorized
official.
B. An instructor who does
not have a Minnesota driver's license shall submit a certified copy of the
instructor's driving record from the United States state where the instructor
is licensed to the commissioner when initially applying to become an instructor
and annually afterward.
(1) For a licensed
instructor, the annual certified copy of the instructor's driving record must
be submitted with the instructor's license renewal application.
(2) For an instructor at an approved public
or private program, the annual certified copy of the instructor's driving
record must be submitted with the program's annual application for renewal of
its certificate of approval.
C. A certified copy of a driving record
submitted under this subpart must be dated no earlier than 30 days before the
date the commissioner receives it.
Subp. 3.
Report of driving violations
and incidents.
An instructor shall notify the commissioner and authorized
program official, in writing, if the instructor is convicted of a traffic
violation or is involved in a motor vehicle accident requiring reporting under
Minnesota Statutes, section
169.09, subdivision 7.
The written notification must be submitted to the commissioner and authorized
program official within ten days from the date of the conviction or the
accident.
Subp. 4.
Initial and annual review of driving record.
A. The commissioner shall review the driving
record of each initial instructor applicant.
B. The commissioner shall also annually
review the driving record of each instructor at the time of renewal of the
instructor license or at the time of program approval.
Subp. 5.
General health.
A. When the commissioner has good cause to
believe that an instructor has a physical or mental disability that will
interfere with the safe operation of a motor vehicle, the commissioner shall
require a physician's statement as often as necessary for the commissioner to
monitor the instructor's condition.
B. The physician's statement must be
submitted no later than 30 days after the examination on which the statement is
based.
Subp. 6.
Hearing.
A. An applicant or
instructor must be able to speak and hear well enough to conduct a normal
verbal conversation with another at a distance of five feet, with or without a
hearing aid.
B. An exception to
item A is allowed for an instructor specializing in the instruction of students
who are deaf, deafblind, or hard-of-hearing in class D, motorcycle, or
motorized bicycle programs.
Subp.
7.
Vision.
An applicant or instructor must be able to meet the vision
requirements to obtain an unrestricted class D license, except that the
restriction of corrective lenses enabling the applicant or instructor to meet
the vision requirement is an acceptable restriction.
Subp. 8.
Criminal history.
Each person applying to become a qualified instructor shall
authorize an investigation with the Bureau of Criminal Apprehension (BCA) and
the Federal Bureau of Investigation (FBI) to determine if the applicant or
instructor has a criminal record.
A.
The authorization fingerprints and the fee for the FBI background check must be
submitted with the application for an instructor's license.
B. If the investigation by the BCA indicates
no criminal record, the person must be issued a temporary license pending the
outcome of the check of the national criminal data repository.
C. If a person has been convicted of a gross
misdemeanor or felony, then the person is ineligible to be an instructor
unless:
(1) the commissioner determines that
the crime does not directly relate to the position of instructor; or
(2) the person has shown competent evidence
of sufficient rehabilitation and present fitness to perform the duties of an
instructor.
D. An
instructor is disqualified from providing instruction to any student under age
18 for any violations specified in Minnesota Statutes, section
171.3215.
Statutory Authority: MS s
14.06;
169.26;
169.446;
169.974;
171.02;
171.05;
171.055;
171.0701;
171.33
to
171.41;
299A.01