Section 250-9-4 - Driver Education Instructor Licensing Requirements1. Types of driver education instructor licensesA.Class A driver education instructor license. A Class A license authorizes the person to teach both the classroom and behind-the-wheel phases of driver education, and, when authorized by the Secretary of State, to provide digital instruction.B.Class B driver education instructor license. A Class B license authorizes the person to teach only the behind-the-wheel phase of driver education.C.Class A commercial vehicle endorsement. A Class A endorsement authorizes the person to teach both the classroom and behind-the-wheel phases of commercial motor vehicle driver education, and, when authorized by the Secretary of State, to provide digital instruction.D.Class B commercial vehicle endorsement. A Class B endorsement authorizes the person to teach only the behind-the-wheel phase of commercial motor vehicle driver education.2.General requirements. Any person who conducts driver education, operates a driver education school, acts as a driver education instructor or represents oneself as providing the same must be licensed by the Secretary of State. The Secretary of State may not authorize a person to conduct any type of driver education unless the person meets the following requirements. A. The person is at least 22 years of age and has a high school diploma or its equivalent. The age requirement applies to any initial applicant following the effective date of these rules.B. The person has at least six years of driving experience as a licensed operator and possesses a valid license. If a person has not held a Maine license, a certified copy of the persons driving record and proof of licensure from any state in which a license was held in the preceding six years must be provided with the instructor application.
C. The person has not been convicted for a moving criminal traffic offense within the last six years, other than operating with an expired registration or operating without a license when the license had expired less than five years before.D. The person has not been designated as an accident prone driver pursuant to 29-A MRSA §1308 within the last year.E. The person has not had a driver's license suspended or revoked within the last six years pursuant to 29-A MRSA §§2411, 2453, 2454, 2456, 2457, 2472, 2521, 2525, 2552, 2554, 2555 or 2557.F. The person has not been convicted of any Class A, B or C crime within the last ten years. The person has never been convicted of any crimes listed in 17-A MRSA §§201, 202, 203, 208, 208B, 208C, 210A, 210B, 210C, 211, 211A, 213, 253, 254, 255A, 256, 258, 260, 261, 282, 283, 284, 301, 302, 303, 553, 554, 556, 854, 855. A person whose application (or renewal application) is denied based on conviction of a crime listed in 17-A MRSA §§211, 211-A, 256, or 259-A may request a hearing with the Secretary of State to show cause why denial on these grounds is not appropriate.G. The person passes an examination administered by the Secretary of State, as described in §4, subsection 7, consisting of a knowledge, vision and road test in a representative vehicle.H. The person has completed a first aid course approved by the Secretary of State within the preceding three years. Upon application, the first aid course completion certificate must be valid.I. The person has completed a driving dynamics or defensive driving course approved by the Secretary of State within the preceding year.J. The person does not have any physical, emotional or mental impairment which would prevent driver licensure in accordance with Chapter 3, Secretary of State, Bureau of Motor Vehicles, Rules Governing the Physical, Emotional and Mental Competence to Operate a Motor Vehicle. Any person under review for a reportable medical, physical, mental, or emotional condition may, at the Secretary of State's discretion, be disqualified from possessing a driver education instructor license until all medical requirements have been met.K. An out-of-state driver applying to be licensed as a driver education instructor in Maine must provide a criminal background check from the state of record upon initial application and each renewal of the instructor license.L. With approval from the Secretary of State, a person from another state who has been licensed as a driver education instructor in another state in the preceding five years, may be exempted from §4 subsection 3A by providing proof of driver education instructor certification requirements and applicable certification documents.3.Requirements for a Class A driver education instructor license. In addition to the general requirements listed in §4, subsection 2, a person applying for a Class A driver education instructor license must meet the following requirements. A.Introductory course in driver education instruction. The person must have completed an introductory course in driver education instruction which includes peer teaching, curriculum delivery, harassment prevention, and teaching special needs students, within the preceding three years. The course must be approved by the Secretary of State.(1) Upon successful completion of this course, filing a completed application and appropriate fees, satisfactory criminal background check, and meeting the general requirements listed in §4, subsection 2, except §4, 2G, a person may provide classroom and behind-the-wheel instruction, for up to 30 days from the driver education instruction course completion date, under the direct supervision of a Class A driving instructor who has been licensed as such for at least five years. The supervising instructor must be in the classroom and vehicle while instruction is being delivered.4.Requirements for a Class B driver education instructor license. In addition to the general requirements listed in §4, subsection 2, a person applying for a Class B driver education instructor license must have completed the introductory course in driver education for a Class B driver education instructor license as described in §4, subsection 8 within the preceding three years. Upon successful completion of this course, filing an application and appropriate fees, a satisfactory criminal background check, and meeting the general requirements listed in §4, subsection 2, except §4, 2G a person may provide behind-the-wheel instruction, for up to 30 days from the course completion date, under the direct supervision of a Class A or B driving instructor who has been licensed as such for at least five years, and is in the vehicle while behind-the-wheel instruction is being delivered.5. Requirements for a commercial vehicle endorsementA.Class A commercial vehicle endorsement. In addition to the requirements listed in §4, subsections 2 and 3, a person applying for a Class A commercial vehicle endorsement must meet the following requirements. (1) The person must have completed an introductory course in commercial vehicle driver education within the preceding three years. The course must be approved by the Secretary of State.(2) The person must possess a valid commercial driver's license and have at least two years experience in the last 10 years as a licensed driver in the actual operation of a representative commercial motor vehicle.(3) The person has not had a driver's license suspended or revoked for operating a commercial motor vehicle with a blood-alcohol level of 0.04 percent or more or refusing to submit to a chemical test within the last six years.B. Class B commercial vehicle endorsement. In addition to the requirements listed in §4, subsection 2, a person applying for a Class B commercial vehicle endorsement must meet the requirements listed in §4, subsection 5(A)(2) and 5(A)(3).6.Continuing education and training requirements for driver education instructor license renewal. In addition to the requirements listed in §4, subsection 2, a person applying for the renewal of a driver education instructor license must meet the following requirements.A.Continuing education. The person must complete a minimum of 16 hours of continued education within each two year period following the issuance of the initial driver education instructor license granted after the effective date of these rules. The Secretary of State may approve, prior to participation and on an individual basis, courses, conferences, workshops, webinars, seminars or digital learning which satisfy this requirement. Course pre-approval is obtained by submission and approval of a syllabus, course outline, or conference agenda. Proof of continued education must be submitted with each renewal application.B.Driver education instruction. A person licensed as a Class A driving instructor, must provide at least 60 hours of classroom instruction and 20 hours of behind-the-wheel instruction in each two year period following the issuance of a renewed or initial driver education instructor license granted after the effective date of these rules. A person licensed as a Class B instructor, must provide at least 40 hours of behind-the-wheel instruction in each two year period following the issuance of a renewed or initial driver education instructor license granted after the effective date of these rules. Student record sheets must be provided as proof of instruction. Other related teaching experience may satisfy this requirement if an applicant for license renewal can show good cause, in writing, why driver education instruction was not provided.7.Knowledge, vision and road test for driver education instructors. Prior to the issuance of a driver education instructor license an applicant must successfully complete a knowledge, vision and road test administered by the Secretary of State. The applicant must pay the applicable fee as established by 29-A MRSA Chapter 11. A.Knowledge test. A knowledge test consisting of at least 50 questions which measures an applicant's knowledge of traffic laws, safety, rules of the road, signs and other driver responsibilities. An applicant must score at least 80 percent to pass the knowledge test.B.Vision screening. An applicant must meet the vision standards established by Chapter 3, Secretary of State, Bureau of Motor Vehicles, Rules Governing the Physical, Emotional and Mental Competence to Operate a Motor Vehicle.C.Road test. The road evaluation measures the applicant's ability to operate a representative vehicle in a safe and prudent manner while demonstrating the requisite skill, knowledge and judgment. The test must include, at a minimum, the following: (1) positioning of the vehicle on ways,(4) offset backing (parallel parking)(5) straight line backing,(7) adjusting to adverse conditions,(8) observance of signs and signals,(9) observance of road markings,(10) railroad grade crossing if available,(11) perpendicular parking if available,(12) angle parking if available, and(13) turn about: 2 point, 3 point, and U-turn.D. Upon successful completion of required testing, and meeting all other licensing requirements, a person will be provisionally licensed to teach appropriate courses under limited supervision. Within six months of being provisionally licensed, a person must successfully complete a teaching evaluation, conducted by a designee of the Secretary of State, for the types of instruction relative to instructor license class.E. Except for vision screening, a person may not exceed three attempts to successfully complete each form of required testing or evaluation within one year of application date.8.Authority to provide the introductory course in driver education instruction to applicants for a Class A driver education instructor license. A licensed Class A driver education instructor may be authorized by the Secretary of State to provide the introductory course in driver education for Class A driver education instructor license applicants required by §4, subsection 3 (A). A.Requirements. A person seeking authorization under subsection 8 must meet the following requirements: (1) The person must hold a bachelors degree, have held a valid Class A driver education instructor license for the preceding three years, and taught at least five complete driver education courses; or(2) The person must have held a valid Class A driver education instructor license for the preceding five years, and taught at least ten complete driver education courses; and(3) The person must not have violated any statute or rule governing driver education or any condition or restriction placed on any license issued pursuant to these rules for which administrative or other enforcement action was taken within the last five years; and(4) The person must complete an instructor preparation program as approved by the Secretary of State.B.Curriculum. The introductory course in driver education for Class A driver education instructor license applicants must be based on the approved curriculum standards; include components in harassment prevention; and teaching students with special needs; and provide a minimum of 90 hours of instruction which includes five hours of behind-the-wheel training. The curriculum must be submitted to the Secretary of State for review and approval.C.Location. The location where the course will be conducted must be inspected and approved by the Secretary of State.D. A course instructor must provide the Secretary of State, in writing, notification of a driver education instructor course at least 10 days prior to the start of the course.E. Any instructor authorized under this section must to allow any interested person to enroll in a course to meet licensing requirements. The authorized instructor may assess a fee equal to the current tuition for a three credit course through the University of Southern Maine.9.Authority to provide the introductory course in driver education instruction to applicants for a Class B driver education instructor license. A licensed Class A driver education instructor may be authorized by the Secretary of State to provide the introductory course in driver education instruction for Behind-the-Wheel (Class B) driver education instructor license applicants required by §4, subsection 4. A.Requirements. A person seeking authorization under subsection 9 must meet the following requirements. (1) The person must be a licensed Class A driver education instructor for the preceding five years and have taught at least 10 complete driver education courses.(2) The person must not have violated any statute or rule governing driver education or any condition or restriction placed on any license issued pursuant to these rules for which administrative or other enforcement action was taken within the last five years.(3) The person must complete an instructor preparation program as approved by the Secretary of State.(4) The person must be observed and approved by the Secretary of State teaching the first classroom and behind-the-wheel instruction of a Class B driver education instructor introductory course in driver education taught by the person.B.Curriculum. The introductory course in driver education for Class B driver education instructor license applicants must be based on the approved curriculum, include harassment prevention training, provide a minimum of eight hours of instruction and include behind-the-wheel training. The proposed curriculum must be submitted to the Secretary of State for review and approval.C.Location. The location where the course will be conducted must be inspected and approved by the Secretary of State.D. A course instructor must provide the Secretary of State, in writing, notification of a driver education instructor course at least 10 days prior to the start of the course.10.Change of name or address. When a person, after applying for or receiving a driver education instructor license, changes his or her name or moves from the address named in the application or on the driver education instructor license issued, that person shall, within 30 days, notify the Secretary of State, in writing or by other means approved by the Secretary of State, of the old and new name/address.29- 250 C.M.R. ch. 9, § 4