29- 250 C.M.R. ch. 11, § 11

Current through 2024-51, December 18, 2024
Section 250-11-11 - Prohibited Conduct

A person may not engage in the following conduct or activities:

1.Motorcycle rider education. A person may not conduct motorcycle rider education, operate a motorcycle rider education school, act as a motorcycle rider education instructor or represent oneself as providing the same without being licensed by the Secretary of State.
2.Solicitation and advertising. A motorcycle rider education school, including employees and agents, and a motorcycle rider education instructor may not:
A. Solicit or advertise at a location where the Secretary of State conducts driver tests.
B. Advertise, imply or otherwise represent oneself to be an employee or agent of the Secretary of State.
C. Advertise, imply or otherwise represent or insinuate that the issuance of a motorcycle permit, license or endorsement is guaranteed or assured.
D. Make any false, misleading or deceitful claims, statements or representations in any advertisement or solicitation.
E. Advertise or solicit business for a new school, new location or expired school, without being licensed.
3. A motorcycle rider education instructor and student may not engage in the use of mobile telephones or other handheld electronic devices as defined in 29-A MRS Section101 subsection 26-C, as well as any wireless communication devices while conducting classroom or hands-on instruction.
4. A motorcycle rider education school, including employees and agents, and a motorcycle rider education instructor may not interfere, harass or intimidate any person where the Secretary of State conducts business.
5. A motorcycle rider education school, including employees and agents, and a motorcycle rider education instructor may not engage in any verbal, physical or visual harassment of any employee of the Secretary of State.
6. A motorcycle rider education school, including employees and agents, and a motorcycle rider education instructor may not intimidate or harass an employee, student or other person receiving motorcycle rider education based on sex, color, race, religion, national origin, age, marital status, physical or mental disability or sexual orientation. For the purpose of this paragraph harassment includes the following, which may be a series of incidents or a single occurrence: unwelcome sexual advances, gestures, comments, or contact; threats; offensive jokes; subjecting employees, students or other persons receiving motorcycle rider education to ridicule, slurs, or derogatory actions. For the purpose of this paragraph, sexual-harassment includes the following, which may be a series of incidents or a single occurrence: verbal, nonverbal and physical behavior that is sexual in nature such as comments about a person's looks, personal inquiries, sexual jokes, use of derogatory sexual stereotypes, uttering sexually suggestive sounds, writing sexual notes, use of the computer equipment to send or receive material of a sexual nature, looking someone up-and-down, staring or leering at someone's body, deliberate blocking of a person's path, displaying sexual visuals, making sexual gestures, massaging, touching, deliberate brushing up against someone, hugging, pinching, grabbing or other sexual touching, contact or act.
7. A motorcycle rider education instructor or school may not allow any marketing activities by a third party during a motorcycle rider education course. Such activities, if allowed by a school or instructor, may occur only prior to, or following any course. Third parties include, but are not limited to, motorcycle manufacturers, dealers, associations or insurance providers. A motorcycle rider education school or instructor may not withhold issuance of a course completion certificate to a person for nonparticipation in any such activities.
8. At no time will anyone involved in the motorcycle rider education course use or consume any intoxicating or mind-altering substance that would prevent them from legally operating a motor vehicle.

29- 250 C.M.R. ch. 11, § 11