Nh Driver Education Rules (Blue Book)

Front 1

Saf-C 3101.03:

Who must hold a valid Driver Education Certificate in New Hampshire?

Back 1

All individuals who provide driver education instruction in an approved program.

Front 2

Saf-C 3102.01:

What is the definition of an "approved program"?

Back 2

A driver education program authorized by the commissioner of safety or operated in an approved school pursuant to Ed 306.

Front 3

Saf-C 3102.03:

What is the definition of "Certified driver rehabilitation specialist (CDRS)"?

Back 3

A person certified by the Association for Driver Rehabilitation Specialists to plan, develop, coordinate and implement driver rehabilitation services for individuals with disabilities.

Front 4

Saf-C 3102.12:

What is meant by "professional development"?

Back 4

Approved college courses, in-service seminars orworkshops, institutes or research that are directly related to driver education.

Front 5

Saf-C 3102.01:

What is meant by an "approved program?

Back 5

A driver education program authorized by the commissioner of safety or operated in an approved school pursuant to Ed 306

Front 6

Saf-C 3102.02:

What is meant by the term, “Certificate”?

Back 6

The document issued by the departments of safety and education that authorizes a person to instruct driver education.

Front 7

Saf-C 3102.04:

How does the state of New Hampshire define the term, “Clock hour”?

Back 7

60 minutes of driver education instruction.

Front 8

Saf-C 3102.05:

Who are the “Commissioners”?

Back 8

The commissioner of the department of safety and the commissioner of the department of education.

Front 9

Saf-C 3102.06:

What are the “Departments”?

Back 9

The department of safety and the department of education.

Front 10

Saf-C 3102.09:

How does the state define the term, “Drivers’ school”?

Back 10

“Drivers’ school” as defined in RSA 259:26.

The term includes “commercial motor vehicle drivers’ school and “commercial drivers’ school”.

Front 11

Saf-C 3102.10:

What is meant by the word “License” as it applies to driver education schools?

Back 11

The document issued by the department of safety that authorizes a commercial drivers’ school, private or public high school or tractor trailer school to offer driver education instruction.

Front 12

Saf-C 3102.12:

What is meant by “Professional development”?

Back 12

Approved college courses, in-service seminars or workshops, institutes or research that are directly related to driver education.

Front 13

Saf-C 3103.01:

What are Required Qualifications?

Back 13

All applicants for driver education instructor certification shall meet the requirements of this part prior to submitting an application as set forth in Saf-C 3104.

Front 14

PART Saf-C 3103 INSTRUCTOR QUALIFICATIONSSaf-C 3103.01:

Required Qualifications:

Back 14

All applicants for driver education instructor certification shall meet the requirements of this part prior to submitting an application as set forth in Saf-C 3104.

Front 15

Saf-C 3103.02:

Driving Experience.

Back 15

(a) All applicants for driver education instructor certification shall:

(1) Hold a valid driver license for the class(es) of vehicle for which they intend to instruct; and

(2) Have a minimum of 5 consecutive years as a licensed driver immediately prior to the date of application.

Front 16

Saf-C 3103.03:

Physical Examination.

Back 16

(a) All applicants for driver education instructor certification shall provide the department of safety with a current physical examination signed by a medical examiner. For the purposes of this section, “current” means the physical examination has been completed no later than 90 days prior to the date of application.

(b) The physical examination shall be completed during the following periods:

(1) The application process for a provisional certificate;

(2) The application process for a standard certificate; and

(3) Each renewal.

(c) The physical examination report shall include the following:

(1) Applicant’s name and address;

(2) Applicant’s date of birth;

(3) Applicant’s height and weight;

(4) A 5 year medical history, including but not limited to illness, surgery and medication;

(5) Visual acuity, color perception and horizontal field of vision, including a vision screening test that indicates that the applicant’s vision is at least 20/40 in both eyes or at least 20/30 if the applicant has vision in one eye;

(6) Hearing, including an audiometric test, that indicates any hearing loss in either of the applicant’s ears;

(7) Reflexes, including both arms and legs of the applicant;

(8) Medical history that the medical examiner determines is important to the applicant’s performance as a driver education instructor;

(9) Certification by the medical examiner that the applicant is physically capable of providing driver education instruction; and

(10) Medical examiner’s signature and date signed.

Front 17

Saf-C 3103.04:

Written and On-Road Examinations.

Back 17

(a) Each applicant for a driver education instructor certificate shall successfully complete with a grade of 90% or higher, a written 100 question multiple choice examination conducted by the department of safety.

(b) The written examination shall consist of the following general topics:

(1) The operation of a motor vehicle;

(2) Information contained in the New Hampshire driver’s manual;

(3) Motor vehicle statutes; and

(4) These rules.

(c) A written examination pursuant to (a) above shall be valid for a period of one year.

(d) An applicant who has failed the written examination pursuant to (a) above shall have no more than 3 opportunities in a one-year period to successfully complete the examination. A period of 10 working days shall pass between the administration of the examinations.

(e) An applicant who has failed the written examination 3 times in a one-year period shall be permitted to retake the examination no sooner than one year from the date of the most recent failure.

(f) Each applicant for a driver education instructor certificate shall successfully complete an on-road examination conducted by the department of safety.

(g) An applicant who has failed the on-road examination pursuant to (f) above shall have no more than 3 opportunities in a one-year period to successfully complete the examination. A period of 10 working days shall pass between the administration of the examinations.

(h) An applicant who has failed the on-road examination 3 times in a one-year period shall be permitted to take the examination no sooner than one year from the date of the most recent failure.

Front 18

Saf-C 3103.05

Instructor Competencies.

Back 18

(a) All applicants for driver education instructor certification shall complete a program that provides the following educational competencies:

(1) Knowledge of the basic elements of driver and traffic safety education, including:

a. Theories of accident causation;

b. Interpretation of the elements of the highway transportation system;

c. Components of the driving task;

d. Psychological and physiological factors affecting driver behavior; and

e. Laws and rules that regulate motor vehicle operation.

(b) The program shall provide instructor candidates with learning opportunities to expand their skill in the following areas:

(1) Operating motor vehicles under normal and adverse weather conditions;

(2) Operating on various types of roadways to enable their students to acquire knowledge in driving techniques; and

(3) Operating on various types of roadways to enable their students to acquire knowledge in sharing the roadway with other highway users, including:

a. Motorcycles;

b. Trucks;

c. Bicycles;

d. Trains;

e. Wildlife, including moose; and

f. Pedestrians, including blind pedestrians.

(c) The program shall provide supervised and evaluated professional instructing experiences in the classroom, behind-the-wheel instruction and in-car observation.

(d) The program shall provide the instructor candidates with knowledge of the organization and management of a driver and traffic safety education program, including.

(1) Developing and maintaining a localized curricula;

(2) Lesson plans; and

(3) Completion of required forms and other record-keeping required by the departments.

(e) The program shall provide the instructor candidates with the following:

(1) Knowledge of the processes of human growth, development and learning, including the characteristics of particular age groups such as adolescents or adults;

(2) Skills in recognizing, analyzing, evaluating and employing specific teaching and diagnostic techniques and instructional materials appropriate to classroom and behind-the-wheelenvironments;

(3) The ability to work effectively with educationally or physically disabled students in the classroom; and

(4) Information pertaining to the active involvement and on-going communication with a student’s parent, legal guardian or supervising adult, including the development of parent nights and interventions, if necessary.

(f) The program shall provide the instructor candidates with knowledge of the effects of alcohol and drug use, as it relates to decision-making and driving behaviors.

Front 19

Saf-C 3104.01

Forms.

Back 19

(a) Whenever a person is required to complete a form, the following shall apply:

(1) Forms shall be filled out completely; and

(2) Forms shall be typewritten or completed in a legible manner.

Front 20

Saf-C 3104.02

Incomplete Form.

Back 20

(a) All forms shall be reviewed by the division in accordance with RSA 541-A:29.

(b) The submitting party shall be notified of any apparent errors or omissions and allowed to resubmit the form to the division.

Front 21

Saf-C 3104.05

Application for Driver Education Provisional Certificate.

Back 21

(a) Each applicant for a driver education provisional certificate shall complete the “Application for Provisional Driver Education Certificate ”.

(b) Each applicant shall furnish the following on the “Application for Provisional Driver Education Certificate”:

(1) Applicant’s name, mailing address, home or cellular telephone number, date of birth and E-mail address, if applicable;

(2) Name, mailing address, telephone number and E-mail address, if applicable, of the applicant’s employer;

(3) High school education, including:

a. Name of high school;

b. Location of high school;

c. Dates attended; and

d. Date of graduation, if applicable, or whether a high school equivalency test was taken;

(4) Education beyond high school, including: a. Name of college or university;

b. Location of college or university;

c. Dates attended; and

d. Major and degree awarded, if applicable; (5) Additional information that the applicant wants considered, including:

a. Course title(s);

b. College or university attended; and

c. Date and number of credits;

(6) Driver license information, including:

a. Whether the applicant holds a valid New Hampshire driver license and if so, for how long the driver license has been held;

b. Whether the applicant has held a driver license in another state and if so, the name of the state and for how long the driver license was held; and

c. The driver license number and date of expiration;

(7) Motor vehicle record information from any state, including:

a. Whether the applicant has any motor vehicle convictions and if so, the date of conviction and nature of each offense; and

b. Whether any charges are pending and if so, what court and an explanation of the charges; and

(8) Criminal record information from any state, including:

a. Whether the applicant has any criminal convictions and if so, the date of conviction and nature of each offense; and

b. Whether any charges are pending and if so, what court and an explanation of the charges.

(c) The applicant shall submit a copy of his/her high school diploma or a certificate of high school equivalency, and any official college transcripts.

(d) For the purposes of (b)(7) above, each applicant shall provide a certified copy of his/her motor vehicle record from any state the applicant has held a driver license and from any other state the applicant has obtained a motor vehicle conviction.

(e) For the purposes of (b)(8) above, each applicant shall provide a certified copy of his/her criminal record from this state and from any other state the applicant has obtained a criminal conviction.(f) The applicant shall sign and date the form under the penalty of unsworn falsification.

(g) Pursuant to RSA 21-P:14, I(g), a fee of $25 shall be submitted along with the application for a driver education provisional certificate.

Front 22

Saf-C 3104.06

Application for Driver Education Standard Certificate.

Back 22

(a) Each applicant for a driver education standard certificate shall complete the “Application for Standard Driver Education Certificate”.

(b) Each applicant shall furnish the following on the “Application for Standard Driver Education Certificate”:

(1) Applicant’s name, mailing address, home or cellular telephone number, date of birth and E-mail address, if applicable;

(2) Name, mailing address, telephone number and E-mail address, if applicable, of the applicant’s employer;

(3) High school education, including:

a. Name of high school;

b. Location of high school;

c. Dates attended; and

d. Date of graduation, if applicable, or whether a high school equivalency test was taken;

(4) Education beyond high school, including:

a. Name of college or university;

b. Location of college or university;

c. Dates attended; and

d. Major and degree awarded, if applicable; (5) Additional information that the applicant wants considered, including:

a. Course title(s);

b. College or university attended; and

c. Date and number of credits;

(6) Driver license information, including:

a. Whether the applicant holds a valid New Hampshire driver license and if so, for how long the driver license has been held;

b. Whether the applicant has held a driver license in another state and if so, the name of the state and for how long the driver license was held; and

c. The driver license number and date of expiration;

(7) Motor vehicle record information from any state, including:

a. Whether the applicant has any motor vehicle convictions and if so, the date of conviction and nature of each offense; and

b. Whether any charges are pending and if so, what court and an explanation of the charges; and

(8) Criminal record information from any state, including:

a. Whether the applicant has any criminal convictions and if so, the date of conviction and nature of each offense; and

b. Whether any charges are pending and if so, what court and an explanation of the charges.

(c) The applicant shall submit a copy of his/her high school diploma or a certificate of high school equivalency, and any official college transcripts.

(d) For the purposes of (b)(7) above, each applicant shall provide a certified copy of his/her motor vehicle record from any state the applicant has held a driver license and from any other state the applicant has obtained a motor vehicle conviction.

(e) For the purposes of (b)(8) above, each applicant shall provide a certified copy of his/her criminal record from this state and from any other state the applicant has obtained a criminal conviction.

(f) The applicant shall sign and date the form under the penalty of unsworn falsification.

(g) Pursuant to RSA 21-P:14, I(g), a fee of $40 shall be submitted along with the application for a driver education standard certificate.

Front 23

Saf-C 3104.07

Application for Renewal of Driver Education Standard Certificate.

Back 23

(a) Each applicant for the renewal of a driver education standard certificate shall complete the“Application for Renewal of Standard Driver Education Certificate”.

(b) Each applicant shall furnish the following on the “Application for Renewal of Standard Driver Education Certificate”:

(1) Applicant’s name, mailing address, home or cellular telephone number, date of birth and E-mail address, if applicable;

(2) Name, mailing address, telephone number and E-mail address, if applicable, of the applicant’s employer;

(3) Education beyond high school, including:

a. Name of college or university;

b. Location of college or university;

c. Dates attended; and

d. Major and degree awarded, if applicable;

(4) Additional information that the applicant wants considered, including:

a. Course title(s);

b. College or university attended; and

c. Date and number of credits;

(5) Applicant’s driver license number and date of expiration;

(6) Motor vehicle record information since the date of the previous application, including:

a. Whether the applicant has any motor vehicle convictions and if so, the date of conviction and nature of each offense; and

b. Whether any charges are pending and if so, what court and an explanation of the charges; and

(7) Criminal record information since the date of the previous application, including:

a. Whether the applicant has any criminal convictions and if so, the date of conviction and nature of each offense; and

b. Whether any charges are pending and if so, what court and an explanation of the charges.

(d) For the purposes of (b)(6) above, each applicant shall provide a certified copy of his/her motor vehicle record from any state the applicant has held a driver license and from any other state the applicant has obtained a motor vehicle conviction.

(e) For the purposes of (b)(7) above, each applicant shall provide a certified copy of his/her criminal record from this state and from any other state the applicant has obtained a criminal conviction.

(f) The applicant shall sign and date the form under penalty of unsworn falsification.

(g) Pursuant to RSA 21-P:14, I(g), a fee of $40 shall be submitted along with the application for the renewal of a driver education standard certificate.

Front 24

PART Saf-C 3105

APPROVAL PROCESS

Back 24

The approval process for Provisional and Standard driver ed certificates is as follows:

Front 25

Saf-C 3105.01

Approval of Driver Education Provisional Certificate.

Back 25

(a) A driver education provisional certificate shall be issued when the applicant:

(1) Submits a completed application, along with the appropriate fee, pursuant to Saf-C Saf-C3104.04 and 3104.05;

(2) Meets the requirements of Saf-C 3103.02 and Saf-C 3103.05;

(3) Is physically capable of providing driver education instruction pursuant to Saf-C 3103.03;

(4) Has successfully completed the written and on-road examinations pursuant to Saf-C3103.04;

(5) Has no disqualifying arrests, indictments or convictions on the criminal history record check pursuant to Saf-C 3106.01(c); and

(6) Has no disqualifying convictions on the motor vehicle record pursuant to Saf-C 3106.01(e).

(b) An applicant who requests a driver education provisional certificate in order to instruct driver education in an approved public or private high school program shall:

(1) Complete with a grade of C or 75 or higher, a minimum of 8 credits of approved college level courses designed to meet the specific minimum instructor competencies set forth in Saf-C 3103.05; and

(2) Meet any other certification requirements of the bureau of credentialing of the department of education to instruct in New Hampshire.

(c) An applicant who requests a driver education provisional certificate in order to instruct driver education in an approved commercial drivers’ school shall:

(1) Currently possess a high school diploma or a certificate of high school equivalency; and

(2) Complete with a grade of C or 75 or higher, a minimum of 8 credits of approved college level courses designed to meet the specific minimum instructor competencies set forth in Saf-C 3103.05.

(d) A driver education provisional certificate shall be valid for a period of 2 years from the date of issuance of the certificate.

(e) Upon expiration of an initial driver education provisional certificate, an applicant may receive one additional provisional certificate if:

(1) The applicant has not met the requirements of Saf-C 3105.02(c); or

(2) The applicant has been subject to an administrative action by the department of safety during the period of initial driver education provisional certification.

(f) An applicant who has been denied a driver education provisional certificate shall be provided an opportunity for an administrative hearing in accordance with the requirements of Saf-C 3106.01.

Front 26

Saf-C 3105.02 Approval of Driver Education Standard Certificate.

Back 26

(a) An applicant may apply for a driver education standard certificate no sooner than 90 days prior to the expiration of a driver education provisional certificate.

(b) A driver education standard certificate shall be issued when the applicant:

(1) Submits a completed application, along with the appropriate fee, pursuant to Saf-CSaf-C 3104.04 and 3104.06;

(2) Meets the requirements of Saf-C 3103.02 and Saf-C 3103.05;

(3) Is physically capable of providing driver education instruction pursuant to Saf-C 3103.03;

(4) Has no disqualifying arrests, indictments or convictions on the criminal history record check pursuant to Saf-C 3106.01(c);

(5) Has no disqualifying convictions on the motor vehicle record pursuant to Saf-C 3106.01(e);and

(6) Has not been subject to an administrative action by the department of safety during the period of driver education provisional certification.

(c) An applicant who requests a driver education standard certificate in order to instruct driver education in an approved public or private high school or an approved commercial drivers’ school shall:

(1) Provide documentation from the department of education of supervised driver education experience in New Hampshire during the previous 2 year period, including a minimum of:

a. 60 hours of classroom instruction, including 2 complete classroom programs; and

b. 240 hours of behind the wheel instruction, including hours one through 10; and

(2) Have completed with a grade of C or 75 or higher, a minimum of 8 credits of approved college-level courses designed to meet the specific instructor competencies set forth in Saf-C3103.05.

(d) A driver education standard certificate shall be valid for a period of 3 years from the date of issuance of the certificate.

(e) An applicant who has been denied a driver education standard certificate shall be provided an opportunity for an administrative hearing in accordance with the requirements of Saf-C 3106.01.

Front 27

Saf-C 3105.03

Approval of Renewal of Driver Education Standard Certificate.

Back 27

(a) An applicant may apply for the renewal of a driver education standard certificate no sooner than 90 days prior to the expiration of a driver education standard certificate.

(b) A renewal of a driver education standard certificate shall be issued when the applicant:

(1) Submits a completed application, along with the appropriate fee, pursuant to Saf-C 3104.04and Saf-C 3104.07;

(2) Meets the requirements of Saf-C 3103.05;

(3) Is physically capable of providing driver education instruction pursuant to Saf-C 3103.03;

(4) Has no disqualifying arrests, indictments or convictions on the criminal history record check pursuant to Saf-C 3106.01(c);

(5) Has no disqualifying convictions on the motor vehicle record pursuant to Saf-C 3106.01(e);

(6) Has documentation of approved professional development and growth in accordance with Ed 512 during the previous 3 years, including:

a. Name and description of workshop;

b. The date of the workshop; and

c. Number of hours of professional development earned; and

(7) Has documentation of approved college-level courses completed with a grade of C or 75 or higher during the previous 3 years.

(c) An applicant who has been denied the renewal of a driver education standard certificate shall be provided an opportunity for an administrative hearing in accordance with the requirements of Saf-C3106.01.

Front 28

Saf-C 3105.04

Expired Driver Education Standard Certificate.

Back 28

(a) A person with an expired driver education standard certificate may apply for a renewal of a driver education standard certificate if:

(1) The person provides documentation of approved professional development and growth; and

(2) The person meets the requirements of Saf-C 3104.07.

Front 29

PART Saf-C 3106 DENIAL OR REVOCATION OR SUSPENSION OF DRIVEREDUCATION INSTRUCTOR CERTIFICATE

Saf-C 3106.01 Disqualification of Applicant.

Back 29

(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) Arrest, conviction or indictment involving the commission of a crime in which the applicant used a motor vehicle to commit said crime;

(2) Arrest, conviction or indictment for deviate behavior such as rape, deviate sexual relations or sexual assault;

(3) Arrest, conviction or indictment for an offense resulting in the corruption or delinquency of a minor child;

(4) 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) Arrest, conviction or indictment involving the manufacture, illegal transportation,possession, sale, or use of a controlled drug;

(7) Arrest, conviction or indictment of New Hampshire motor vehicle or criminal laws or laws 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) A determination by the driver education supervisor 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/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, 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, 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/her employer or superintendent 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 or superintendent of any decision from the bureau of hearings.

Front 30

Saf-C 3106.02

Revocation or Suspension of Driver Education Instructor Certificate.

Back 30

(a) Upon receipt of information showing good cause, the department of safety shall revoke or suspend a driver education instructor certificate, after notice and the opportunity for an administrative hearing.

(b) Good cause shall include the following:

(1) Arrest, conviction or indictment involving the commission of a crime in which the driver used a motor vehicle to commit said crime;

(2) Arrest, conviction or indictment for deviate behavior such as rape, deviate sexual relations or sexual assault;

(3) Arrest, conviction or indictment for an offense resulting in the corruption or delinquency of a minor child;

(4) Arrest, conviction 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) Arrest, conviction or indictment involving the manufacture, illegal transportation, possession, sale or use of a controlled drug;

(6) Arrest, conviction or indictment of New Hampshire motor vehicle or criminal law or law of any other jurisdiction, that has a direct bearing on the instructor’s ability to instruct driver education both in the classroom and on the road;

(7) A determination that a driver's license has been suspended or revoked and has not been reinstated in this or in any other jurisdiction;

(8) Involvement in a motor vehicle accident that has a direct bearing on the instructor’s fitness to drive or instruct driver education;

(9) A determination that the driver education instructor is an abuser of alcohol, prescription drugs or controlled substances;

(10) A determination by the driver education supervisor that the driver education instructor is a danger to him/herself or to a child being taught by the instructor;

(11) Financial responsibility is required and is not on file with the department, if applicable;

(12) Evidence that the driver education instructor has altered his/her driver education instructor certificate;

(13) Evidence that the certificate holder lent his/her driver education instructor certificate to any other person;

(14) Evidence that the driver education instructor has displayed, represents or holds as his/her own a driver education instructor certificate not issued by proper authority;

(15) Evidence that the driver education instructor has displayed or holds any fictitious, facsimile or simulated driver education instructor certificate;

(16) Evidence that the driver education instructor has photographed, photostatted, duplicated or in any other manner reproduced a driver education instructor certificate in such a way that it could be construed as a valid driver education instructor certificate;

(17) Evidence that the driver education instructor has used a false or fictitious name, age, address or put false information on any application or form or document utilized to support the application for a driver education instructor certificate;

(18) Evidence of any medical condition, physical or mental, including but not limited to seizures, that would preclude safe operation of a motor vehicle; or

(19) Evidence that the driver education instructor has violated any of these rules or jeopardized the health, safety or well-being of a student.

(c) Each instructor whose driver education instructor certificate is sought to be revoked or suspended pursuant to these rules shall be afforded notice and the opportunity for an administrative hearing.

(d) Each person requesting a hearing shall present a written request to the bureau of hearings, 33 Hazen Drive, Concord, NH 03305.

(e) All administrative hearings shall be conducted in accordance with the provisions of Saf-C 200.

(f) The scope of the hearing shall include the following:

(1) Review of the evidence submitted, pursuant to (a) and (b) above, that supports the revocation or suspension 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 a 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 driver education instructor’s fitness to safely drive a motor vehicle or instruct driver education to pupils, both in the classroom and on the road.

(g) The division shall notify the applicant’s employer or superintendent of any decision from the bureau of hearings.

(h) Notwithstanding (a) above, the director shall revoke a driver education instructor certificate immediately, pursuant to RSA 263:59, if he/she receives evidence that the driver education instructor:

(1) Is physically or mentally an improper or incompetent person to drive;

(2) Is driving improperly so as to endanger the public;

(3) Is appealing a conviction of a violation of any provision of title XXI; or

(4) Has made a material false statement in his/her application.

(i) Any person whose driver education instructor certificate has been revoked pursuant to (h) above, shall be entitled to an administrative hearing in accordance with the provisions of Saf-C 200.

Front 31

Saf-C 3106.03

Effect of Revocation or Suspension on License.

Back 31

If a hearings examiner revokes or suspends a driver education instructor certificate and determines that the conduct of the instructor has a direct bearing on the operation of a commercial drivers’ school, a hearing shall be scheduled to determine whether to suspend or revoke the commercial drivers’ school license.

Front 32

PART Saf-C 3107 INSTRUCTOR CODE OF CONDUCT

Saf-C 3107.01

Responsibility of Instructor.

Back 32

All driver education instructors shall strive to impart knowledge through effective instruction to provide the skills to attain and encourage the formulation of safe driving habits.

Front 33

Saf-C 3107.02

Duties of Instructor.

Back 33

(a) A driver education instructor shall:

(1) Protect students from physical harm by working to maintain a safe and healthy environment free of violence, drugs, alcohol, tobacco, sexual harassment or other illegal influence;

(2) Provide an environment of mutual respect at all times;

(3) Recognize the constitutional rights and responsibilities of students and provide services without discrimination;

(4) Refrain from using his/her professional position to take personal advantage of students or their parents or guardians;

(5) Respond to calls or inquiries from parents or guardians of students within a reasonable period of time;

(6) Abstain from using obscene, vulgar or offensive language or gestures when conducting any portion of a driver education program;

(7) Abstain from eating, except where medically necessary, or smoking when conducting any portion of a driver education program; and

(8) Abstain from using a cellular phone when conducting any portion of a driver education program, except in the event of an emergency.

(b) The requirements of (a)(7) above shall not apply to instructors during breaks.

Front 34

PART Saf-C 3108 HIGH SCHOOL DRIVER EDUCATION PROGRAM

Saf-C 3108.01

Application for Approval of Private High School Driver Education Program.

Back 34

(a) Each applicant for approval as a private high school driver education program shall complete the “Secondary School Education Program Form”, on an annual basis.

(b) Each applicant shall furnish the following on the “Secondary School Education Program Form”:

(1) A list of instructors, including their current certification numbers;

(2) The proposed program schedules;

(3) Certification that the information regarding curricula, insurance coverage and use of reimbursement funds, is true and accurate; and

(4) The contract with a licensed commercial driver education instructor or commercial drivers’ school.

(c) The applicant shall sign and date the form under the penalty of unsworn falsification.

(d) Completed application forms shall be submitted to the administrator, safety and driver education programs, NH department of education, 101 Pleasant Street, Concord, NH 03301, no later than 30 days prior to the date the program is scheduled to begin.

Front 35

Saf-C 3108.02

Public High School Driver Education Programs.

Back 35

All public high school driver education programs shall be subject to approval pursuant to Ed 306.29.

Front 36

PART Saf-C 3109 REIMBURSEMENT PROCEDURES FOR PUBLIC AND PRIVATE SCHOOLS

Saf-C 3109.01

Terms of Reimbursement.

Back 36

(a) All approved New Hampshire public or private high schools, and school administration units (SAU’s) shall be reimbursed a per capita sum pursuant to RSA 263:52, for each in-state student who completes an approved driver education program. Reimbursement shall be paid for students who failed or unsatisfactorily completed the course a second time, as long as the entire course was repeated.

(b) A school shall be reimbursed a maximum of 3 times for an educationally and/or physically disabled student who fails the course because of his/her disability. To be eligible for this additional reimbursement, the student shall retake the entire 10 hours of the behind-the-wheel portion of the program.

(c) Each applicant for reimbursement shall submit form DSMV 105, to the department of safety.

(d) Each applicant for reimbursement shall furnish the following on form DSMV 105:

(1) School name and address;

(2) School district and number;

(3) SAU number;

(4) Name of driver education instructor;

(5) The date the driver education program was started and completed;

(6) Certification that the students are in-state residents and have completed the driver education program;

(7) Total number of students qualifying for reimbursement;

(8) Name, date of birth, address, and telephone number, if available, of each student; (9) Certificate number on certificate of course completion, form DSMV 210, along with any voided certificate numbers; and

(10) Whether each student passed or failed the driver education program.

(e) The principal or superintendent shall sign and date the form under the penalty of unsworn falsification.

Front 37

Saf-C 3109.03

Deadlines for Filing Reimbursement Requests.

Back 37

(a) All requests for reimbursement shall be submitted to the department of safety as follows:

(1) Not later than March 1;

(2) Not later than June 1;

(3) Not later than September 1; and

(4) Not later than December 1.

Front 38

Saf-C 3109.04

Non-Resident Enrollee.

Back 38

(a) No public or private high school shall be reimbursed for a student who is not a New Hampshire resident.

(b) A student’s residency shall be determined based upon the residential address in the school’s enrollment records.

Front 39

Saf-C 3109.05

Irregular Attendance.

Back 39

No public or private high school shall be reimbursed for a student who fails to meet the minimum attendance requirements set forth in Saf-C 3114.04.

Front 40

Saf-C 3109.06

High School Contracts for Commercial School Instruction.

Back 40

(a) High schools that provide instruction on a contracted basis with a licensed commercial driver education instructor shall be eligible for reimbursement of students within the SAU if the high school has obtained approval from the departments pursuant to Saf-C 3113.

(b) Approval pursuant to (a) above shall be requested annually, prior to the start of the school year, or whenever there is a change in the contract or service provider.

(c) Notwithstanding (a) above, private high school programs that provide instruction on a contracted basis with a licensed commercial driver education instructor shall be eligible for reimbursement of students enrolled within the private high school.

(d) Notwithstanding (a) above, a commercial driver education instructor who has a contract with more than one high school located in separate SAU’s shall be eligible for reimbursement for the students enrolled in the separate SAU’s, if the instructor combines programs at one of the high school locations.

Front 41

Saf-C 3110.01

Facilities and Equipment.

Back 41

All approved public and private high school driver education programs shall comply with the requirements of Saf-C 3112.02.

Front 42

Saf-C 3112.02

Facilities and Equipment.

Back 42

(a) All drivers’ schools shall provide:

(1) Space for a classroom which:

a. Is free from any disturbing influence;

b. Is used exclusively for driver education instruction during the classroom period;

c. Has a minimum of 20 square feet per student, unless in a public or private high school that requires 32 or 36 square feet ;

d. Has a minimum classroom facility of 300 square feet, unless in a public or private high school that requires 800 square feet; and

e. Has adequate heat, light and ventilation;

(2) A text book issued to each student pursuant to Saf-C 3116.01;

(3) Supplemental teaching aids, including:

a. Diagrams;

b. Reference books;

c. Pamphlets;

d. Driver manuals; and

e. Other audio-visual material;

(4) A blackboard, flip-chart or equivalent that measures at least 4 feet by 3 feet;

(5) A Snellen eye chart or equivalent, for use when administering a vision test; and

(6) A VCR or DVD and a monitor or projector with at least a 19-inch screen.

(b) Each drivers’ school shall be inspected by the department of safety, upon initial application for a commercial drivers’ school license and every 2 years thereafter, to ensure compliance with this section.

(c) Each request for an initial approval of a classroom facility shall require an inspection pursuant to RSA 153:14, II by the state fire marshal, local fire department chief or his/her designee. A copy of the inspection report shall be submitted to the department of safety at the time of application for approval.

Front 43

Saf-C 3110.02

Non-Compliance.

Back 43

If the commissioners or their designees determine that an approved public or private high school driver education program is not in compliance with these rules, the departments shall notify the SAU.

Front 44

PART Saf-C 3111 COMMERCIAL DRIVERS’ SCHOOL LICENSE

Saf-C 3111.01

Back 44

License Required. Pursuant to RSA 263:44, all commercial drivers’ schools shall be licensed.

Front 45

Saf-C 3111.02

Commercial Drivers’ School Application.

Back 45

(a) Each applicant for a commercial drivers’ school shall complete the “Commercial Motor Vehicle Drivers’ School Application”.

(b) Each applicant for a commercial drivers’ school shall furnish the following on the “Commercial Motor Vehicle Drivers’ School Application”:

(1) Applicant’s name, address, date of birth and E-mail address, if applicable;

(2) School’s name, address, telephone number and E-mail address, if applicable;

(3) Address of classroom, if different from (b)(2) above;

(4) Type of business entity;

(5) Name, address and telephone numbers of all partners and corporate officers, if applicable;

(6) Whether the applicant, partners or corporate officers have been convicted of any crime and if so, the date of conviction, nature of the offense and explanation;

(7) Whether the applicant, partners or corporate officers have previously been licensed to operate a drivers’ school in New Hampshire or any other state and if so, the location and dates operated;

(8) Whether the school is being conducted with any other business;

(9) Name and address of any public or private high schools that the applicant has contracted with to provide driver education instruction, if applicable;

(10) School employee information, including: a. Name; b. Address; c. Date of birth; d. Telephone number; and e. License certificate number and state of issuance; and

(11) Information pertaining to vehicles which will be used by the school, including:

a. Make and model;

b. Year of manufacture;

c. Registration number; and

d. Certification that the vehicle complies with all applicable laws and rules.

(c) Each applicant, partners and officers shall submit their motor vehicle record from New Hampshire or any state where a driver license was previously held and their criminal history record check.

(d) Each applicant shall sign and date the form under the penalty of unsworn falsification.

Front 46

Saf-C 3111.03

Approval of Commercial Drivers’ School.

Back 46

(a) A commercial drivers’ school license shall be issued when the applicant:

(1) Submits a completed application, pursuant to Saf-C 3111.02;

(2) Meets the requirements of Saf-C 3111.07, Saf-C 3112 and Saf-C 3115;

(3) Pays the appropriate fee, pursuant to RSA 263:44; and

(4) Has no grounds for denial, pursuant to RSA 263:50 or these rules.

(b) All commercial drivers’ school licenses shall expire on December 31st of each year.

(c) A commercial drivers’ school license shall be visibly displayed in accordance with the requirements of RSA 263:44.

(d) An applicant who has been denied a commercial drivers’ school license shall be provided an opportunity for an administrative hearing in accordance with the requirements of RSA 263:47 and Saf-C 3106.01.

Front 47

Saf-C 3111.04

Renewal of Commercial Drivers’ School License.

Back 47

(a) A renewal of a commercial drivers’ school license shall be issued when the applicant:

(1) Submits a completed application, pursuant to Saf-C 3111.02; and

(2) Pays the appropriate fee, pursuant to RSA 263:44.

Front 48

Saf-C 3111.05

Change of Ownership.

Back 48

In the event of a change of ownership or interest in the commercial drivers’ school, an application for a new license shall be filed pursuant to Saf-C 3111.02.

Front 49

Saf-C 3111.06

Change of Name or Address.

Back 49

(a) Prior to changing the name or address of a commercial drivers’ school, the owner shall notify the department of safety.

(b) A change of classroom location shall require an inspection pursuant to Saf-C 3112.02(b). A school shall not operate at the new location until it has received approval from the department of safety.

Front 50

Saf-C 3111.07

Experience.

Back 50

(a) Operators and persons in charge of a commercial drivers’ school shall have at least 300 hours prior supervised experience in actively instructing driver education. The 300 hours shall consist of at least 60 hours of classroom instruction and at least 240 hours of behind-the-wheel instruction.

(b) Operators and persons in charge of a commercial drivers’ school shall have at least one calendar year of prior supervised experience in an approved New Hampshire public or private high school or licensed commercial drivers’ school.

(c) A driver education provisional certificate holder shall not own, operate or manage a commercial drivers’ school.

(d) Operators and persons in charge of a commercial drivers’ school shall submit documentation of a minimum of 2 full classroom programs to the department.

Front 51

Saf-C 3111.08

Terminating Business Services.

Back 51

After a course has begun, a commercial drivers’ school that is going out of business or is under a suspension or revocation, shall ensure that the course is completed by all students presently enrolled or that it finds the means for those students to complete the course.

Front 52

Saf-C 3111.09

Return of Records.

Back 52

(a) For the purposes of this rule, “records shall include documents, forms, reports and licenses.

(b) Prior to the suspension, revocation or closing of a commercial drivers’ school, all records shall be returned to the department of safety.

(c) Failure to comply with (b) above shall result in the refusal to issue a commercial drivers’ school license if the school subsequently submits a new application pursuant to Saf-C 3111.02.

Front 53

Saf-C 3111.10

Suspension or Revocation.

Back 53

(a) Each commercial drivers’ school whose license is sought to be suspended or revoked pursuant to these rules or for a violation of RSA 263:51 shall be afforded notice and the opportunity for an administrative hearing at the bureau of hearings at the department of safety.

(b) All administrative hearings shall be conducted in accordance with the provisions of Saf-C 200.

Front 54

PART Saf-C 3112 DRIVERS’ SCHOOL FACILITIES

Saf-C 3112.01

Multiple Vehicle Driving Range.

Back 54

(a) Multiple vehicle driving ranges shall:

(1) Be designed to simulate driving conditions on local streets and to provide space for driving drills;

(2) Be supplied with at least 2 vehicles;

(3) Be equipped with a mode of communication between instructors and operators of the range; and

(4) Not be operated with more than 2 students in each vehicle.

(b) The department of safety shall approve each multiple vehicle driving range to ensure compliance with these rules.

Front 55

Saf-C 3112.02

Facilities and Equipment.

Back 55

(a) All drivers’ schools shall provide:

(1) Space for a classroom which:

a. Is free from any disturbing influence;

b. Is used exclusively for driver education instruction during the classroom period;

c. Has a minimum of 20 square feet per student, unless in a public or private high school that requires 32 or 36 square feet ;

d. Has a minimum classroom facility of 300 square feet, unless in a public or private high school that requires 800 square feet; and

e. Has adequate heat, light and ventilation;

(2) A text book issued to each student pursuant to Saf-C 3116.01;

(3) Supplemental teaching aids, including:

a. Diagrams;

b. Reference books;

c. Pamphlets;

d. Driver manuals; and

e. Other audio-visual material;

(4) A blackboard, flip-chart or equivalent that measures at least 4 feet by 3 feet;

(5) A Snellen eye chart or equivalent, for use when administering a vision test; and

(6) A VCR or DVD and a monitor or projector with at least a 19-inch screen.

(b) Each drivers’ school shall be inspected by the department of safety, upon initial application for a commercial drivers’ school license and every 2 years thereafter, to ensure compliance with this section.

(c) Each request for an initial approval of a classroom facility shall require an inspection pursuant to RSA 153:14, II by the state fire marshal, local fire department chief or his/her designee. A copy of the inspection report shall be submitted to the department of safety at the time of application for approval.

Front 56

Saf-C 3112.03

Non-Compliance.

Back 56

(a) Upon inspection, if a drivers’ school fails to comply with the requirements of Saf-C 3112.02, notice shall be provided as follows:

(1) If the drivers’ school has not previously failed to comply, the department of safety shall provide written notice, including:

a. The specific requirements of Saf-C 3112.02 that have not been met;

b. The drivers’ school shall have 30 days to comply;

c. The drivers’ school shall be re-inspected at the conclusion of the 30 day period; and

d. After re-inspection, no further action shall be taken if the drivers’ school meets the requirements of Saf-C 3112.02; and

e. After reinspection, if the drivers’ school still does not meet the requirements of Saf-C 3112.02, the drivers’ school shall be afforded an opportunity for a hearing, pursuant to (b) below; and (2) If the drivers’ school has previously failed to comply, the department of safety shall provide written notice of the specific requirements of Saf-C 3112.02 that have not been met and the drivers’ school shall be afforded an opportunity for a hearing, pursuant to (b) below.

(b) The scope of the hearing shall be whether the drivers’ school failed to have the required facilities and/or equipment pursuant to Saf-C 3112.02.

(c) If the hearings examiner finds that the drivers’ school failed to have the required facilities and/or equipment pursuant to Saf-C 3112.02, he/she shall:

(1) Suspend the commercial drivers’ school license for at least 30 days, none of which shall be held in abeyance; and

(2) Require compliance with the requirements of Saf-C 3112.02 prior to reinstatement of the commercial drivers’ school license.

(d) The provisions of (a) above shall not apply if immediate action is necessary pursuant to RSA 541-A:30, III, to protect the health, safety or welfare of the public.

(e) If a hearings examiner revokes or suspends a commercial drivers’ school license and determines that the conduct that led to the suspension or revocation has a direct bearing on the owner or operator’s fitness to instruct driver education, a hearing shall be scheduled to determine whether to suspend or revoke the driver education instructor certificate.

Front 57

PART Saf-C 3113 COMMERCIAL DRIVERS’ SCHOOL CONTRACTING WITH A PUBLIC OR PRIVATE HIGH SCHOOL

Saf-C 3113.01

Driver Education Program Evaluation.

Back 57

(a) A public or private high school may contract with a commercial drivers’ school to provide a driver education program.

(b) In addition to complying with the requirements of Saf-C 3108.01, the high school or commercial drivers’ school shall submit a completed program evaluation form available from the departments, or its equivalent, to the departments, by May 1 of each year.

(c) The evaluation shall be signed and dated by the superintendent or principal.

Front 58

Saf-C 3113.02

Contract Provisions.

Back 58

(a) In addition to complying with the requirements of Saf-C 3108.01, the high school or commercial drivers’ school shall furnish a copy of the contract between the drivers’ school and the school district or SAU to the departments, no later than 30 days prior to the date the proposed program is scheduled to begin.

(b) No contract pursuant to (a) above shall be approved unless:

(1) The drivers’ school holds a current license; and

(2) The owner, operator or manager of the drivers’ school holds a standard certificate issued by the departments.

Front 59

PART SAF-C 3114 DRIVER EDUCATION PROGRAM ADMINISTRATION, ORGANIZATION ANDSUPERVISION

Saf-C 3114.01

Driver Education Program Eligibility.

Back 59

(a) All students shall be eligible for driver education provided that:

(1) They are at least 15 years and 9 months of age, on or before the first regularly scheduled classroom session of the course in which they are enrolled; or

(2) Their sixteenth birthday occurs on or before the last regularly scheduled classroom session of the course in which they are enrolled.

(b) Instructors shall not meet the requirements of (a) by scheduling special sessions on or after a student’s birthday or withholding the completion certificate until the student’s birthday.

(c) Students shall present proof of age in the form of an official birth certificate or valid passport.

(d) Any student whose privilege to operate a motor vehicle is suspended or revoked shall not be permitted to enroll in a course until his/her privilege is restored.

(e) Any student whose privilege to operate a motor vehicle is suspended or revoked while enrolled in a course shall not be permitted to continue the course. The student shall retake the entire course when his/her privilege is restored.

(f) All students shall successfully pass a vision test. For the purposes of this rule, “successfully pass” shall mean the student has a vision designation of 20/40 with both eyes and if legally blind in one eye, a vision designation of 20/30 in the other eye.

Front 60

Saf-C 3114.02

Course Size.

Back 60

No driver education program shall have more than 30 students, or more than the maximum number of students approved for the location, attending each course.

Front 61

Saf-C 3114.03

Policies and Procedures.

Back 61

(a) All driver education programs shall have written policies addressing the following areas:

(1) Expectations for successful completion of the program;

(2) Assessment criteria;

(3) The level of involvement parents are expected to have with the program;

(4) Classroom expectations;

(5) Circumstances that would result in removal from the program; and

(6) All costs associated with the program.

(b) The student’s parent or legal guardian shall sign a copy of each policy pursuant to (a) above.

(c) A copy of the signed policy pursuant to (b) above shall be given to the student.

(d) All drivers’ schools shall maintain signed written policies in accordance with the requirements of Saf-C 3118.

Front 62

Saf-C 3114.04

Classroom Instruction.

Back 62

(a) For the purposes of this section, a “week” shall begin on Sunday and end on Saturday.

(b) Total classroom instruction shall consist of at least 30 clock hours.

(c) A classroom session shall not exceed 2 hours per day. There shall be no more than 6 clock hours of classroom instruction per week.

(d) Any break time, collection of fees, early dismissal at the completion of a test or scheduling shall not be counted as a classroom activity.

(e) No classroom instruction shall be missed during any course, except for good cause as determined by the instructor, including a death in the family or injury. Absences due to good cause shall not exceed 4 hours.

(f) All drivers’ schools shall maintain documentation showing good cause pursuant to (e) above in accordance with the requirements of Saf-C 3118.

(g) Any classroom session missed due to good cause pursuant to (e) above shall be made up with assignments equivalent to the missed lesson, at no additional cost to the student. The grade on any assignment that is made up shall be retained with the classroom records for that particular program.

(h) A certified driver education instructor shall be in the classroom at all times.

(i) All tests, quizzes, and necessary in-class school work shall be completed in the classroom unless the student has an individual education plan pursuant to Saf-C 3122.

(j) Classroom and behind-the-wheel instruction shall be conducted in an integrated format unless the instructor determines that the student has not mastered a skill necessary to progress to the next driving skill.

(k) In order to meet the requirements of (i) above, the course shall be at least:

(1) 5 weeks in length if 17 or fewer students are enrolled in the course; or

(2) 6 weeks in length if 18 to no more than 30 students are enrolled in the course.

(l) This rule shall not apply to tractor trailer schools pursuant to Saf-C 3121.

Front 63

Saf-C 3114.05

Behind-the-Wheel Instruction.

Back 63

(a) All students shall receive on the road instruction that consists of:

(1) At least 10 clock hours of behind-the-wheel instruction; and

(2) At least 6 clock hours of observation in a dual control vehicle.

(b) In the event a student’s physical or mental disability prevents observation time pursuant to (a)(2) above, behind-the-wheel instruction may be substituted.

Front 64

Saf-C 3114.06

Driving Lessons.

Back 64

(a) No driving lessons shall exceed one clock hour per student per day.

(b) Notwithstanding (a) above, if a student has completed the first 6 hours of behind-the-wheel instruction, 2-clock hour lessons shall be permitted for hours 7-10.

(c) No student shall complete more than 4 hours of behind- the-wheel instruction in a 2-week period, with no more than 3 hours in any given week.

(d) Driving time shall not include time spent driving to pick up the student. Behind-the-wheel instruction shall be based upon routes developed for the instruction to be conducted. All driver’s schools shall maintain records pertaining to the developed routes in accordance with the requirements of Saf-C 3118.

(e) This rule shall not apply to tractor trailer schools pursuant to Saf-C 3121.

Front 65

Saf-C 3114.07

Instructional Record.

Back 65

(a) The driver education instructor shall maintain an instructional record of each student, which shall include:

(1) Classroom instruction; and

(2) Behind-the-wheel instruction.

(b) The classroom instructional record shall include the following:

(1) Name of each student;

(2) The time each class was started and completed, to the minute, exclusive of breaks and other non-instructional activity as set forth in Saf-C 3114.04(d);

(3) Whether the time of each class occurred in the morning, afternoon or evening;

(4) Assignment grades;

(5) Test grades; and

(6) Final course grade.

(c) The behind- the- wheel instructional record shall include the following:

(1) Name, address and telephone number of each student;

(2) Date of each lesson;

(3) The time each lesson was started and completed, to the minute, including whether it occurred in the morning, afternoon or evening;

(4) Description of instruction;

(5) Name of instructor; and

(6) Vehicle used.

(d) The behind-the-wheel instructional record shall be updated at the time of or immediately following each lesson.

(e) All drivers’ schools shall maintain instructional records in accordance with the requirements of Saf-C 3118.

(f) All instructional records shall be available for inspection by any current or past enrollee or authorized employee of the departments.

Front 66

Saf-C 3114.08

Course Completion.

Back 66

(a) An instructor shall issue a form DSMV 210, certificate of completion, to any student who:

(1) Maintains a passing grade as determined by the policy of the school; and

(2) Successfully completes the requirements set forth in Saf-C 3114.05.

(b) Each instructor shall furnish the following on form DSMV 210:

(1) The student’s last name, first name and middle name, as stated on the birth certificate;

(2) The student’s address;

(3) The student’s date of birth;

(4) The name of the school;

(5) The date of issuance of the certificate;

(6) The date each class was started and completed; and

(7) Signature of the driver education instructor.

(c) In the event a mistake is made on the form DSMV 210, the driver education instructor shall void that form and complete a new form DSMV 210. The driver education instructor shall retain the certificate number on the voided form DSMV 210.

(d) A student who is enrolled in and fails to complete a driver education program, shall be allowed to resume a like program:

(1) Within 6 months from the date of the last class attended in the original program in the same school; or

(2) Within 6 months from the date of the last class attended in the original program, in a different school, provided that he/she receives a letter from the original program attesting to the following:

a. The student’s achievement;

b. Number of classroom hours completed;

c. Number of behind-the-wheel hours completed; and

d. Number of observation hours completed.

(e) Any student who completed driver education in another state that does not meet the requirements of RSA 263:20, may, with the approval of the department of safety, complete additional behind-the-wheel or observation hours in order to meet the minimum standards as set forth in these rules.

(f) Any instructor who has a student that is completing additional hours pursuant to (e) above shall:

(1) Obtain a letter or certificate of completion from the previous driver education program indicating the number of behind-the-wheel and observation hours for the student; and

(2) Certify that the student has completed the additional hours required to meet the minimum standards by submitting form DSMV 210 to the department of safety.

(g) This rule shall not apply to tractor trailer schools pursuant to Saf-C 3121.

Front 67

Saf-C 3114.09

Administrative Requirement.

Back 67

Students shall not enroll in a driver education program after the coruse has started.

Front 68

Saf-C 3114.10

Time on Driving Simulator.

Back 68

(a) The time ratio for simulated driving shall be 4 hours of simulated experience to one hour of driving a dual control vehicle.

(b) No more than 12 hours of simulated driving, which is equal to 3 hours of actual driving, shall be utilized to substitute for on-the-road experience.

(c) Time on the simulator shall not be considered classroom instruction for the purposes of Saf-C 3114.04(b).

(d) All time on a driving simulator shall be conducted by a certified driver education instructor.

Front 69

Saf-C 3114.11

Multiple Vehicle Driving Range.

Back 69

(a) If driving ranges are utilized, students shall:

(1) Be assigned a time ratio of 2:1 hours of range practice and on-street practice;

(2) Have a minimum of 4 hours of on-street practice driving; and

(3) Have behind-the-wheel instruction supplemented during later phases with actual driving in a dual control vehicle.

Front 70

Saf-C 3114.12

Combined Range and Simulator.

Back 70

When range and simulator instruction are combined, there shall be a minimum of 4 hours of on-street practice driving.

Front 71

Saf-C 3114.13

Lesson Plan.

Back 71

(a) Classroom activities, driving observation and behind-the-wheel instruction shall meet or exceed the current driver education risk prevention curriculum guide.

(b) Written lesson plans for classroom activities, driving observation and behind-the-wheel instruction shall be available for examination by the departments to verify compliance with this section.

(c) All drivers’ schools shall maintain written lesson plans in accordance with the requirements of Saf-C 3118.

Front 72

Saf-C 3114.14

Behind-the-Wheel Instruction Requirements.

Back 72

(a) No person, other than the instructor and the student, shall occupy the front seats of the vehicle during behind-the-wheel instruction.

(b) No person, other than a certified instructor, student, school administrator, aide, interpreter, parent and/or representatives of the departments, may occupy the rear seats of the vehicle during behind-the-wheel instruction.

(c) Notwithstanding (a) or (b) above, a person enrolled in a program to become a certified driver education instructor may accompany a certified driver instructor, with his/her consent, in a vehicle during behind-the-wheel instruction. Any instruction performed by a person enrolled in a program to become a certified driver education instructor shall not be counted towards the required 10 hours of behind-the-wheel instruction.

Front 73

Saf-C 3114.15

Time Restrictions for Behind-the-Wheel Instruction.

Back 73

(a) No behind-the-wheel instruction shall occur before 6:00 a.m. or after 9:00 p.m., unless a parent or legal guardian consents to operation after 9:00 p.m. In no event shall behind-the-wheel instruction occur after 10:00 p.m.

(b) No instructor shall provide more than 10 hours of behind-the-wheel instruction in one day.

(c) During daylight savings time, instruction may be provided until 10:00 p.m. to allow for night driving lessons. The requirements set forth in (b) above shall apply.

(d) This rule shall not apply to tractor trailer schools pursuant to Saf-C 3121.

Front 74

Saf-C 3114.16

Instructor Time Limit.

Back 74

After an instructor has spent 5 consecutive clock hours or class periods engaged in behind-the-wheel instruction, a minimum of 1/2 hour shall lapse before resuming instruction.

Front 75

Saf-C 3114.17

Instructor Assignment.

Back 75

(a) Two or more certified instructors may teach a group of students, provided they correlate their work through joint planning of course objectives, methods of instruction, conferences and exchanging records of student progress.

Front 76

Saf-C 3114.18

Experimental Methods.

Back 76

(a) In the classroom, experimental teaching methods such as in-vehicle emergency reaction, evasive maneuvers or other advanced driving techniques shall be approved by the departments prior to implementation.

(b) Approval shall be contingent upon the driver school’s effort to coordinate an experimental teaching method proposal with the departments.

(c) There shall be evidence of planning, resources and a technique to evaluate the experimental program subsequent to a trial period. Evaluation results, as assessed by the departments, shall determine whether an experimental program is continued or terminated.

Front 77

Saf-C 3114.19

Instructor Supervision.

Back 77

(a) All driver education instructors shall be supervised and evaluated annually by the school principal, assigned school department head, or program coordinator, owner, manager, or person in charge of the facility.

(b) A copy of the evaluation in (a) above shall be maintained in the instructor’s personnel file.

(c) The departments shall perform random supervision and annual evaluations.

(d) An instructor with a driver education provisional certificate shall receive additional supervision to ensure compliance with these rules, statutory provisions, the curriculum guide, program content, effectiveness and quality. The person responsible for exercising such additional supervision shall provide documentation of the additional supervision.

(e) The drivers’ school shall maintain evaluation records in accordance with the requirements of Saf- C 3118.

Front 78

Saf-C 3114.20

Change of Employment.

Back 78

Within 48 hours of a change of employment, an instructor shall notify the department of safety of the name and address of his/her new employer.

Front 79

Saf-C 3114.21

Driver Education Enrollee Report.

Back 79

(a) Each high school principal or owner of a commercial drivers’ school shall submit form DSMV 99 to the department of safety, prior to the third meeting of each class.

(b) Each high school principal or owner of a commercial drivers’ school shall furnish the following on form DSMV 99: This is the Enrollee Report: https://www.nh.gov/safety/divisions/dmv/forms/documents/dsmv99.pdf

(1) Date;

(2) Name of school and license number, if a commercial drivers’ school;

(3) Classroom address;

(4) Date of first class;

(5) Date of final class;

(6) Classroom hours;

(7) Day(s) the class is conducted;

(8) Day(s) classes will not be conducted, such as a holiday or school break;

(9) Instructor’s name;

(10) Information pertaining to each student, including:

a. Student’s name and address;

b. Student’s date of birth;

c. Student’s telephone number, if available; and

d. Student’s gender.

(c) The high school principal or owner of the commercial drivers’ school shall sign and date the form under the penalty of unsworn falsification.

Front 80

Saf-C 3114.22

Commercial Drivers’ School Monthly Report.

Back 80

(a) A supervisor of a commercial drivers’ school shall submit form DSMV 111 to the department of safety, prior to the tenth of each month.

(b) The supervisor shall furnish the following on form DSMV 111:

(1) Name of school and license number;

(2) Information pertaining to each student completing all phases of driver education during that month, including:

a. Student’s name and address;

b. Student’s date of birth;

c. Student’s telephone number, if available;

d. Number of driving hours provided; and

e. Certificate number on certificate of course completion, form DSMV 210, along with any voided certificate numbers; and

(3) Instructor’s name.

(c) The supervisor shall sign and date the form under the penalty of unsworn falsification.

Front 81

PART SAF-C 3115 EQUIPMENT - DRIVER EDUCATION VEHICLES

Saf-C 3115.01

Vehicle Inspection Requirements.

Back 81

(a) All driver education vehicles shall comply with the provisions of RSA 266:1 and the rules adopted thereunder. (RSA 266:1 http://www.gencourt.state.nh.us/rsa/html/XXI/266/266-1.htm)

(b) Failure to comply with (a) above, shall result in an immediate vehicle registration suspension until such time as the vehicle is in compliance with the provisions of RSA 266:1 and the rules adopted thereunder.

(c) No instruction shall occur in a driver education vehicle that has a mechanical malfunction.

To paraphrase; if the driver's ed car won't pass state inspection, its registration is pulled and the car can't be used.

Front 82

Saf-C 3115.02

Dual Control Pedals.

Back 82

(a) All driver education vehicles shall have:

(1) Dual-control brake pedals; and

(2) If a manual transmission, dual-control clutch pedals.

(b) The brake mechanism on the passenger side shall be hydraulically or mechanically attached to the braking system of the vehicle to allow the instructor to bring the vehicle to a stop. For tractor-trailer instructional vehicles, if a trolley brake is used, the mechanism shall be fully secured to the top of the dashboard on the passenger side of the vehicle.

(c) The requirements of (a)(2) above shall not apply to tractor trailer schools pursuant to Saf-C 3121.

Front 83

Saf-C 3115.03

Mirrors.

Back 83

(a) All driver education vehicles shall have:

(1) An instructor’s inside mirror to afford the instructor unobstructed vision to the rear of the vehicle, except with tractor trailers; and

(2) Outside rear view mirrors; one on the left and one on the right of the vehicle, adjusted for each student’s use.

(b) Vanity mirrors or mirrors attached to sun visors shall not be used to meet the requirements of (a) above.

Front 84

Saf-C 3115.04

Vehicle Markers.

Back 84

(a) All driver education vehicles shall have markers that identify the vehicle as a driver education vehicle.

(b) The markers shall be visible from the front, rear and both sides of the vehicle. (c) The markers shall:

(1) Have the words “driver education” or “student driver” painted in lettering a minimum of 2 inches in height with a 1/2 inch brush stroke; and

(2) The lettering shall be black on a yellow background.

(d) The name of the driver education school shall be painted in black letters that are a minimum of one inch in height.

(e) The markers shall be removed, folded down or covered when a vehicle is not being used for instructional purposes.

(f) Tractor trailers may use the air foil and trailer to comply with this rule.

Front 85

Saf-C 3115.05

Miscellaneous Equipment.

Back 85

(a) All driver education vehicles shall be equipped with the following:

(1) Accident report forms;

(2) Emergency triangles;

(3) A first aid kit which, at a minimum, includes the following:

a. Adhesive tape, 1” x 2 ó yards;

b. Sterile gauze pads;

c. Five .” x 3” adhesive bandages;

d. Assorted bandage compresses, including 2” and 3” sizes;

e. Sterile gauze roller bandages, 2” x 6”;

f. Two non-sterile triangular bandages, approximately 40" x 36" x 54";

g. Safety pins;

h. Two sterile gauze pads, 36" x 36";

i. Sterile eye pads;

j Round end scissors; and

k. One pair of latex gloves.

(b) All driver education vehicles shall allow the driver to adjust the seat to reach the pedals by:

(1) Moving up or down and forward or backward;

(2) Utilizing the seat cushions; or

(3) Utilizing pedal extensions.

(c) All driver education vehicles shall be equipped with a cellular telephone or other similar device to be used in emergency situations.

Front 86

PART Saf-C 3116 CURRICULUM, TEXT AND TESTING CONTENT

Saf-C 3116.01

Uniform Text.

Back 86

(a) All driver education programs shall issue a text book to each student that has been approved by the departments, to be used as an integrated component of the program.

(b) Examples of approved texts shall include:

(1) Responsible Driver;

(2) How to Drive; and

(3) Drive Right.

(c) Any person may request approval of texts by writing to the department of education and including 2 copies of the text.

(d) Upon receipt of the request, the departments shall jointly review the text to decide whether it shall be approved.

(e) The text shall be approved if, after review, the departments determine:

(1) That the text contains substantially the same materials as the texts set forth in (b) above; and

(2) The text addresses the testing content set forth in Saf-C 3116.02.

Front 87

Saf-C 3116.02

Testing Content.

Back 87

(a) Each student shall have a basic knowledge of traffic signs and speed zone limits prior to beginning behind-the-wheel instruction.

(b) Periodic examinations shall be administered throughout the duration of the program, culminating in a final written proficiency test, consisting of a student’s knowledge and understanding in the following areas[SJK1] :

(1) Vehicle movement, which shall include:

a. Highway transportation system (HTS);

b. Vehicle controls, including automatic and manual transmission;

c. Vehicle handling, including front, rear and all wheel drive;

d. Search, identify, predict, decide, and execute process (SIPDE) or zone control; and

e. Acceleration, deceleration, cornering and braking;

(2) Traffic control, which shall include:

a. Regulatory, warning and speed limit signs;

b. Guide and international signs;

c. Pavement markings;

d. Traffic control signals;

e. Intersections and right of way; and

f. Physical laws of movement and driving;

(3) Interaction with other HTS users, which shall include:

a. Maintaining

a safe distance;

b. Lane usage;

c. Passing and overtaking;

d. Yielding at entry and exit ramps; and

e. Adjusting to other HTS users;

(4) Driver and vehicle condition, which shall include:

a. Physical and emotional fitness of driver;

b. Emotions and how they affect driving ability, including aggressive driving;

c. Alcohol and controlled substances and their effect on driving;

d. Distractions and increased driving risk; and

e. Vehicle ownership and preventive maintenance;

(5) Avoiding and reacting to driving environments and emergencies, which shall include:

a. Looking ahead, maintaining a space cushion and crash avoidance;

b. Night driving and driving while being tired;

c. Winter driving conditions;

d. Wet weather and fog conditions;

e. Paved and unpaved road conditions;

f. Secondary roads;

g. Interaction with pedestrians, animals, motorcycles, trucks and bicycles;

h. Railroad crossings; and

i. Mechanical breakdown, including changing a flat tire; and

(6) Motor vehicle laws and rules, which shall include:

a. Driver license application;

b. Motor vehicle registration;

c. Motor vehicle title;

d. Administrative action against a driver license, including administrative license suspension for driving while intoxicated and original license suspension; and

e. Organ and tissue donorship.

Front 88

PART Saf-C 3117 TUITION

Saf-C 3117.01

Tuition Policies: High Schools and Commercial Drivers’ Schools.

Back 88

(a) Course tuition shall be the same for all persons. Group training contracts for lower rates may be negotiated. Scholarships shall be bona fide reduction in tuition.

(b) Changes in tuition shall become effective on students prior to beginning a driver education program and only after notification in writing.

(c) All driver education programs shall have a tuition refund and cancellation policy. The policy shall be available for inspection by the departments to verify compliance with this section.

(d) Information regarding course attendance, student grades, tuition, refund and cancellation policy and all charges and costs incidental to instruction shall be provided to students and their parent/guardian(s) at the time of their enrollment in the driver education program.

(e) If a driver education program cannot be completed because the school has been suspended or revoked, the full amount paid as of the date of suspension or revocation shall be refunded to the student within 14 days of the departments’ order.

Front 89

PART Saf-C 3118 REPORTING AND RECORD-KEEPING

Saf-C 3118.01

Reporting An Accident.

Back 89

(a) Every accident involving a driver education vehicle shall be reported to the driver education supervisor, at the department of safety within 48 hours. The report shall be signed by the instructor.

(b) All instruction shall be stopped if the vehicle has sustained damage that may affect the safe operation of the vehicle.

(c) The report required by this section shall be in addition to and not in lieu of that required by RSA 264:25.

(d) Each accident shall be reported to the department of safety on form DSMV 291, “Driver Education Accident Report Form”.

(e) The person in charge of the approved driver education program shall furnish the following on form DSMV 291:

(1) Date and time of accident, including the day of week and town where accident occurred;

(2) Location of accident;

(3) Number of vehicles involved;

(4) Name of police department that investigated the accident;

(5) Name of drivers’ school involved in the accident;

(6) Name of driver education instructor;

(7) Name of operator of the driver education vehicle;

(8) Driver education vehicle information, including:

a. Make;

b. Model;

c. Year;

d. Name of registered owner; and

e. Registration plate number;

(9) Name and address of operator of other vehicle(s) involved;

(10) Vehicle information of other vehicle(s) involved, including:

a. Make;

b. Model;

c. Year;

d. Name of registered owner; and

e. Registration plate number;

(11) Description of any personal injury;

(12) Description of damage to any vehicle involved in the accident; and

(13) Description of how the accident occurred.

(e) The person completing form DSMV 291 shall sign and date the form under the penalty of unsworn falsification.

Front 90

Saf-C 3118.02

Reporting An Incident.

Back 90

(a) An instructor may report an incident involving drug or alcohol use or possession by a student during any portion of the program to the department of safety.

(b) Pursuant to RSA 263:59, the director shall revoke a driver education student’s license, as defined by RSA 259:48, upon receipt of information from the drivers’ school or the instructor that the student has:

(1) Attended any driver education class(es) or related training under the influence of or in possession of an alcoholic beverage; or

(2) Attended any driver education class(es) or related training under the influence or possession of a controlled drug or a controlled drug analog.

(c) Each student whose license is sought to be revoked pursuant to this section shall be afforded notice and the opportunity for an administrative hearing.

(d) All administrative hearings conducted pursuant to this section shall be in accordance with the provisions of RSA 263:59 and Saf-C 200.

Front 91

Saf-C 3118.03

Permanent Record.

Back 91

(a) Each driver education program shall maintain the following records in a tamper-proof manner:

(1) Name, address and date of birth of each enrollee;

(2) Date of first lesson; and

(3) Date of final lesson.

(b) For the purposes of this rule, “tamper- proof manner” means either permanently bound original records or copy protected, electronically stored records.

Front 92

Saf-C 3118.04

Cost Records.

Back 92

(a) All public and private high schools shall maintain records including:

(1) The salaries of personnel instructing in driver education;

(2) The purchase of any practice driving vehicles, contracted services for vehicle maintenance and the cost of supplies for operation; (3) The cost of textbooks, computer software and hardware and other materials pertaining to the curricula;

(4) Administration costs; and

(5) Insurance cost.

Front 93

Saf-C 3118.05

Loss or Destruction of Records.

Back 93

The loss, mutilation or destruction of any records required to be maintained under these rules shall be immediately reported to the department of safety.

Front 94

Saf-C 3118.06

Availability of Records.

Back 94

All records required to be maintained pursuant to these rules shall be available for inspection by the commissioners or their authorized agents during regular working hours.

Front 95

Saf-C 3118.07

Retention of Records.

Back 95

All records required to be maintained pursuant to these rules shall be retained for a minimum period of 5 years.

Front 96

Saf-C 3118.08

Change of Name or Address.

Back 96

All driver education instructors shall notify the department of safety of a change in name or address within 10 days of the change.

Front 97

Saf-C 3118.09

Responsibility for Maintaining Records.

Back 97

Any high school that has a contract with a commercial drivers’ school to provide driver education shall be responsible to maintain any records required pursuant to these rules at a location within the high school.

Front 98

PART Saf-C 3119 INSURANCE COVERAGE

Saf-C 3119.01

Public and Private High Schools.

Back 98

Public and private high school authorities shall obtain liability insurance coverage for the protection of the school, the leasing, loaning or rental agency, the instructor, the student and other vehicle users.

Front 99

Saf-C 3119.02

Commercial Drivers’ School.

Back 99

Pursuant to RSA 263:50, VII, a copy of the commercial drivers’ school insurance policy or a certificate of insurance shall be furnished to the department of safety prior to issuance of a commercial drivers’ school license.

Front 100

Saf-C 3119.03

Tractor Trailer Schools.

Back 100

Each tractor trailer school shall obtain liability insurance coverage for the protection of the school, employees, instructors and students.

Front 101

Saf-C 3119.04

Maintaining Insurance.

Back 101

The insurance required pursuant to this section shall be effective at all times when an approved driver education program is in operation.

Front 102

PART Saf-C 3120 ADVERTISEMENTS

Saf-C 3120.01

Advertisements and Promotional Literature.

Back 102

(a) No drivers’ school shall publish, advertise or insinuate that an operator’s driver license is guaranteed or assured.

(b) Advertisements and promotional literature shall avoid false, misleading or exaggerated impressions.

(c) Advertisements shall contain the name, business address and telephone number of the drivers’ school except a business address is not required to be included in a telephone book advertisement.

(d) No drivers’ school shall use the word “accredited” or any of its synonyms unless it indicates the agency or organization that has granted such accreditation.

(e) A drivers’ school may use the words “licensed by the department of safety” and no other words to indicate compliance with RSA 263. The word “approved” or any of its synonyms shall not be used.

(f) A drivers’ school shall be responsible for all acts of commission or omission of its field representatives involved in student recruitment.

Front 103

PART Saf-C 3121 TRACTOR TRAILER SCHOOLSaf-C 3121.01

Tractor Trailer School Certification.

Back 103

The application and approval process for certification as a tractor trailer school instructor shall be in accordance with Saf-C 3104 and Saf-C 3105.

Front 104

Saf-C 3121.02

Renewal of Tractor Trailer Certification.

Back 104

The application renewal process for certification as a tractor trailer school instructor shall be in accordance with Saf-C 3105.03.

Front 105

Saf-C 3121.03

Denial, Suspension or Revocation of Tractor Trailer Certification.

Back 105

The denial, suspension or revocation of a tractor trailer school instructor’s certificate shall be in accordance with Saf- C 3106.

Front 106

Saf-C 3121.04

Tractor Trailer Instructors.

Back 106

(a) In addition to requirements set forth in Saf-C 3103 and Saf-C 3104, tractor-trailer instructors shall:

(1) Have a minimum of 5 consecutive years as a licensed truck/tractor-trailer driver, and

(2) Meet the physical requirements for commercial drivers set forth in 49 CFR 391.43.

Front 107

Saf-C 3121.05

Tractor Trailer School License.

Back 107

The application and approval process for a tractor trailer school license shall be in accordance with RSA 263:44 and Saf-C 3111.

Front 108

Saf-C 3121.06

Renewal of Tractor Trailer School License.

Back 108

The application renewal process for a tractor trailer school license shall be in accordance with Saf-C 3111.04.

Front 109

Saf-C 3121.11

Tractor Trailer School Admission Policies.

Back 109

(a) Each tractor trailer school shall inform each applicant for admission about the nature of the program and the training required.

(b) Each tractor trailer school shall publish the admission requirements and shall file the requirements with the department of safety.

(c) No tractor trailer school shall accept a student under 18 years of age for training.

Front 110

PART Saf-C 3122 STUDENTS IN NEED OF SPECIAL SERVICES/ACCOMMODATIONS

Saf-C 3122.01

Students with Individual Education Plans.

Back 110

(a) Any student with an individual education plan or other school team plan shall not be required to comply with Saf-C 3114.04(g) and (i), or any other provision of the rules that conflicts with his/her individual education plan or other school team plan.

(b) Notwithstanding (a) above, the other requirements set forth in Saf-C 3114.03 and the requirements of Saf-C 3114.05(a)(1) shall be applicable to any student with an individual education plan or other school team plan.

(c) If a student attends a commercial drivers’ school, the student’s local school district shall assist the instructor in complying with the student’s individual education plan.

Front 111

Saf-C 3122.02

Disabled Students Who Need Special Behind-the-Wheel Instruction.

Back 111

Any student that requires special instruction due to a physical or mental disability shall not be required to comply with the provisions of Saf-C 3114.05

Front 112

Saf-C 3122.03

Students in Need of Special Assistance.

Back 112

(a) Any student who is not specially coded by a school district, shall be eligible for special assistance pursuant to Saf-C 3122.01 or Saf-C 3122.02, if:

(1) The instructor writes to the local school district explaining the specific assistance that he/she feels the student needs or will need in order to complete driver education; and

(2) The local school district reviews and approves the request.

(b) Approval shall be based upon whether the student will be capable of successfully completing driver education without a special accommodation.

Front 113

Saf-C 3122.04

Certified Driver Rehabilitation Specialist (CDRS).

Back 113

(a) Any person who provides driver assessment and training to students with a known disability, as determined by the American with Disabilities Act or as diagnosed by a medical professional, shall be a CDRS or working under the supervision of a CDRS.

(b) Any person who provides driver assessment and training to students pursuant to (a) above, with the use of adaptive equipment, shall be a CDRS.

(c) Any person who provides driver assessment and training to students pursuant to (a) above, shall be licensed under the provisions of these rules.