Current through Register No. 40, October 3, 2024
(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 not on file
with the department, if applicable;
(11) A determination by the driver education
supervisor that the applicant is a danger to himself or herself or to a child;
or
(12) Noncompliance with 49 CFR
380.
(d) Each applicant
for a CDL 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, or if an out of state conviction, the equivalent, which
shall be considered for disqualification include the following:
(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.
(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.
