Current through Register No. 40, October 3, 2024
(a) A person
who is denied a driver education instructor certificate shall not instruct
driver education. An owner, manager or supervisor of a driver education school
shall not permit a disqualified person to instruct driver education.
(b) Each applicant for a driver education
instructor certificate shall be denied certification in the event the
department receives information showing good cause that the person is not of
good character, reputation, and fitness to provide driver education
instruction.
(c) Good cause that
the person is not of good character, reputation, and fitness to provide driver
education instruction shall include the following:
(1) Conviction, or unadjudicated arrest or
indictment, involving the commission of a crime in which the applicant used a
motor vehicle to commit said crime;
(2) Conviction, or unadjudicated arrest or
indictment, for criminal sexual behavior such as rape, deviate sexual relations
or sexual assault;
(3) Conviction,
or unadjudicated arrest or indictment, for an offense resulting in the
corruption or delinquency of a minor child;
(4) Unadjudicated arrest or indictment for
driving a motor vehicle under the influence of alcohol or controlled drugs,
leaving the scene of a motor vehicle accident, reckless driving or driving to
endanger;
(5) A conviction within
the preceding 10 years for:
a. Driving a motor
vehicle under the influence of alcohol or controlled drugs;
b. Leaving the scene of a motor vehicle
accident;
c. Reckless
driving;
d. Driving to endanger,
unless in the judgment of the commissioner, the applicant's reputation is such
that the conviction is unlikely to adversely affect the applicant's physical,
mental or moral fitness to instruct driver education; or
e. Any offense set forth in
RSA 259:39,
I;
(6) Conviction, or unadjudicated arrest or
indictment, involving the manufacture, illegal transportation, possession,
sale, or use of a controlled drug;
(7) Conviction, or unadjudicated arrest or
indictment, of New Hampshire motor vehicle or criminal laws or law of any other
jurisdiction, that has a direct bearing on the applicant's fitness to hold a
driver education instructor certificate;
(8) Involvement in a motor vehicle accident
that has a direct bearing on the applicant's fitness to drive;
(9) Evidence that the applicant is an abuser
of alcohol, prescription drugs, or controlled substances;
(10) Financial responsibility is required and
is not on file with the department, if applicable; or
(11) A determination by the driver education
supervisor that the applicant is a danger to him/herself or to a
child.
(d) Each
applicant for a driver education instructor certificate shall not be eligible
for a certificate for one year, if his or her driver record report has
sufficient convictions. For the purposes of this rule, "sufficient convictions"
means 3 accidents with findings of fault, 3 convictions, or a combination of 3
accidents and convictions, within the 24 month period preceding the date the
driver record report is generated.
(e) For the purposes of (d) above, motor
vehicle convictions which shall be considered for disqualification include:
(1)
RSA
263:1-a, allowing an improper person to drive
a motor vehicle;
(2)
RSA
263:2, failure to display or produce driver
license for inspection by an officer;
(3)
RSA
263:85, allowing an improper person to drive
a commercial motor vehicle;
(4)
RSA 263:13,
failure to abide by driver license restrictions;
(5)
RSA
263:92, driving a motor vehicle with the
improper class of driver license;
(6)
RSA 263:30,
driving without a motorcycle license;
(7)
RSA
265:3, obedience to a police
officer;
(8)
RSA
265:9, obedience to any required traffic
control device;
(9)
RSA 265:25,
following too closely;
(10)
RSA
265:26-a, driving on a sidewalk;
(11)
RSA
265:28, failure to yield the right of
way;
(12)
RSA
265:30, failure to obey a yield
sign;
(13)
RSA
265:31, failure to obey a stop or a yield
sign;
(14)
RSA
265:37,
RSA 265:41, failure
to use due care;
(15)
RSA
265:45, failure to signal turn;
(16)
RSA
265:48-51, improper conduct at a railroad
crossing;
(17)
RSA
265:94, illegal backing;
(18)
RSA
265:95, obstruction of driver's
view;
(19)
RSA
265:96, improperly opening and closing
vehicle doors;
(20)
RSA 265:99,
coasting;
(21)
RSA
265:100, following fire apparatus too
closely;
(22)
RSA
265:106, prohibited carrying of passengers in
truck;
(23)
RSA
265:60-67, speeding;
(24)
RSA 261:75 or
RSA 261:77, knowing
misuse of plates;
(25)
RSA 261:76,
knowing failure to display plates;
(26)
RSA
265:16, failure to drive on right hand side
of the road;
(27)
RSA
265:18-20, improper passing;
(28)
RSA 265:22,
crossing yellow line;
(29)
RSA
261:61, knowing misuse of
registration;
(30)
RSA 262:3, false
report of theft;
(31)
RSA
262:7 or
RSA
262:10, changing or removing vehicle
identification;
(32)
RSA
262:16, modifying or forging an inspection
sticker or registration decal;
(33)
RSA
265:54, overtaking and passing a school
bus;
(34)
RSA 262:1, alteration
of title;
(35)
RSA
262:12, taking without owner's
consent;
(36)
RSA
262:17, odometer tampering;
(37)
RSA
263:63, driving without proof of financial
responsibility;
(38)
RSA
263:64, driving after revocation or
suspension;
(39)
RSA
264:25, conduct after an accident;
(40)
RSA 265:4,
disobeying a police officer;
(41)
RSA 265:75,
racing on highway;
(42)
RSA
265:79, reckless driving; and
(43)
RSA 265:79-b,
negligent driving.
(f)
The applicant shall be denied a driver education instructor certificate pending
further investigation in the event the applicant fails to reveal information
pertaining to any formal action in any other jurisdiction, including:
(1) Suspension;
(2) Revocation;
(3) Default; or
(4) Fine requirements.
(g) The applicant and his or her employer
shall be notified immediately of any denial of certification in this
section.
(h) Each applicant whose
driver education instructor certificate is denied shall be afforded notice and
the opportunity for an administrative hearing.
(i) Each person requesting a hearing shall
present a written request to the Bureau of Hearings, 33 Hazen Drive, Concord,
NH 03305.
(j) All administrative
hearings shall be conducted in accordance with the provisions of Saf-C
200.
(k) The scope of the hearing
shall include the following:
(1) Review of
the evidence submitted, pursuant to (b) and (c) above, that supports denial of
a driver education instructor certificate;
(2) Age of applicant;
(3) Number of years of driving
experience;
(4) Type(s) of
conviction, moving or non-moving;
(5) Past history as it relates to current
convictions;
(6) Mitigating
circumstances;
(7) Evidence of any
alcohol related convictions or violations within the preceding 10
years;
(8) Evidence of any
physical, mental, or emotional impairment that would preclude safe operation of
a motor vehicle;
(9) Evidence that
the person is on any medication that would preclude safe operation of a motor
vehicle; and
(10) Any other
evidence indicating the applicant's fitness to safely drive a motor vehicle or
instruct driver education to pupils, both in the classroom and on the
road.
(l) The division
shall notify the applicant's employer of any decision from the bureau of
hearings.
#5367, eff 3-31-92; ss by #6711, INTERIM, eff 3-22-98,
EXPIRED: 7-20-98
New. #7362, eff 12-1-00; ss by
#9331, INTERIM, eff 11-26-08, EXPIRED: 5-25-09
New. #9568, eff
10-17-09
