29- 250 C.M.R. ch. 9, § 5

Current through 2024-51, December 18, 2024

Section 250-9-5 - Driver Education School Licensing Requirements

1.License 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. Except as provided by these rules, a license is required for each location where driver education is provided.

2.Types of driver education school licenses

A.Class A driver education school license. A Class A school license authorizes a person to provide both the classroom and behind-the-wheel phases of driver education and to employ Class A and Class B driver education instructors. A Class A driver education school license may authorize the school to provide digital instruction.

B.Class B driver education school license. A Class B school license authorizes a person to provide only behind-the-wheel instruction of driver education to a person who holds a valid learner's permit, temporary license, or driver's license and to employ Class A and Class B driver education instructors.

C.Commercial motor vehicle driver education school license. A commercial vehicle driver education school license authorizes a person to provide commercial motor vehicle driver education as follows.

(1)Class A commercial motor vehicle driver education school license. A Class A license authorizes a person to provide the classroom and behind-the-wheel phases of commercial motor vehicle driver education and to employ Class A and Class B driver education instructors with commercial vehicle endorsements.

(2)Class B commercial motor vehicle driver education school license. A Class B license authorizes a person to provide only the behind-the-wheel instruction of commercial motor vehicle driver education to a person who holds a valid learner's permit, temporary license or driver's license and to employ Class A and Class B driver education instructors with commercial vehicle endorsements.

3.General requirements. An applicant for a driver education school license must submit the following information to the Secretary of State, who will provide forms for this purpose, and meet the following requirements.

A. Ownership and employee information

(1)Identity of school owners. The name, date of birth, address and title of each owner including partners and shareholders. If a person applying for a driver education school license is not licensed as a driver education instructor, the person must submit to a criminal background check and pay the appropriate fee.

(2)Identity of driver education instructors. The name, date of birth and address of driver education instructors employed or otherwise used by the school.

(3)Identity and location of school. The school name, mailing address, classroom location, and the location where records will be maintained.

(a)School name. If a driving school does not renew its license within two years from the date of expiration, the school name shall be available for use by another person or entity unless the name is copyrighted or is a registered trademark.

(b)School location. A driver education school may not be located in a facility where the Secretary of State conducts business at any location initially licensed after the effective date of these rules.

(4)Harassment prevention. A driver education school must have a written policy to prevent any form of harassment of any student or instructor. A copy of the policy must be filed with the Secretary of State. In addition, a driver education school owner must provide training to prevent harassment of any kind to any employee upon initial hiring and require any employee to review the policy annually. Documentation of completion of training or review of the policy must be signed by the instructor and school owner and kept on file.

(5)Other. The Secretary of State may request applicants to provide additional information relevant to the licensing requirements.

B.Training vehicle information. A list of training vehicles, including the year, make, registration plate number and vehicle identification number, used by the school, its employees and others authorized by the school to provide behind-the-wheel instruction.

C.Insurance. A certificate of insurance or a bond providing the coverage in the amounts specified by 29-A MRSA §1354, which insurance or bond must be maintained at all times. The certificate or bond must contain the name of the driving school or instructor. A new certificate of insurance or bond must be submitted to the Secretary of State any time a vehicle is added or deleted. If the certificate or bond is in a person's name, it must state the vehicle is insured for driver education.

D.Surety bond. The surety bond shall be for the use and benefit of the Secretary of State, and for any person who may suffer a financial loss due to a driver education school failing to provide driver education as required in 29-A MRSA subchapter 3, Driver Education and Department of Secretary of State, Bureau of Motor Vehicles, Chapter 9: Rules Governing Driver Education §6.

(1) The surety bond shall be at least $10,000 for a Class A driver education school.

(2) The surety bond shall be at least $2,500 for a class B driver education school.

(3) The surety bond shall become payable upon order of the court of competent jurisdiction or administrative rule by the Bureau of Consumer Credit Protection or the Secretary of State.

(4) Form of the surety bond is prescribed in Appendices A and B.

E.Compliance with land use regulations. A certificate of occupancy or a report from the local fire department or other proper official which demonstrates that the school premises comply with state and municipal requirements regarding public health, safety and access. Authorization to use the facility as a driver education school is required. If the classroom is located in a public or private school, a comparable letter from superintendent, principal, dean or headmaster will fulfill this requirement.

F. Facilities and equipment

(1)Permanent and established place of business. A Class A driver education and commercial motor vehicle driver education school must maintain an established place of business which must contain all required books and records. The name of the school may be displayed at the established place of business. A Class B driver education school and commercial motor vehicle driver education school must keep all required records at a permanent location.

(2)Classrooms. A Class A driver education school and commercial motor vehicle driver education school must provide an adequate classroom, which must be used exclusively for driver education instruction during classroom instruction.

(a)Requirements. The classroom must meet the following requirements.

(i) have 15 square feet of floor space per student plus 24 square feet for the instructor,

(ii) have seating and writing space for each student,

(iii) provide adequate heat, lighting and ventilation,

(iv) have a restroom which must be readily accessible to students,

(v) have vision screening equipment or a vision screening chart or vision screening instrument, and

(vi) have a blackboard, whiteboard or other similar instructional device.

(3)Publications. A driver education school or commercial motor vehicle driver education school must have the following publications available at the school.

(a) The most recent edition of the Maine Motor Vehicle Statutes, Title 29-A, Maine Revised Statutesat each driver education school location.

(b) The most recent State of Maine Motorist Handbook and Study Guide.

(c) The approved teacher and student textbooks which may not be more than one edition older than the most recently published edition.

(4)Training vehicle requirements. All vehicles used by a driver education school or commercial motor vehicle driver education school must meet the following requirements.

(a)Compliance with motor vehicle statutes. The vehicle must at all times be in compliance with the provisions of Title 29-A, the Maine Motor Vehicle Statutes.

(b)Signs. The vehicle must be equipped with a sign listing the name of the school where the student is enrolled, and a student driver sign which must be displayed during driving instruction. The signs must be in letters clearly visible from a minimum of 30 feet. Except for commercial motor vehicles, the signs must be removed or obscured if the vehicle is used for a driver license examination. Other markings on the vehicle referring to driving school, academy, driver education or training, or other similar phrases, except registration plates, must be obscured during a driver license examination.

(c)Dual brake and clutch pedals. Except for commercial motor vehicles, the vehicle must be equipped with an operable dual-control foot brake and, if the vehicle is not equipped with an automatic transmission, operable dual-control clutch pedal. The brake pedal on the passenger side must be hydraulically or mechanically attached to the braking system of the vehicle to allow the driver education instructor to bring the vehicle to a stop.

(d)Exceptions. The following vehicles are exempt from the requirements of subparagraph 4(b) and 4(c).

(i) A vehicle, which is not provided by the driver education school, and is used to instruct a person with a disability which is specially equipped for use by a person with a disability.

(ii) A vehicle, which is not provided by the driver education school, and is being used to instruct a person who possesses a valid license or permit.

(5)Inside mirror. Except for commercial motor vehicles, the vehicle must be equipped with an inside mirror that is available for use and provides the driver education instructor with unobstructed vision to the rear of the vehicle. The mirror must be easily removed from the windshield. At the request of a Driver License Examiner, the instructor must remove the mirror for a road test. Vanity or visor mirrors are not acceptable.

(6)Approved by Secretary of State. Prior to use for instruction, the vehicle must be examined and approved as a training vehicle by the Secretary of State. A new certificate of insurance or bond must be submitted to the Secretary of State any time a vehicle is added or deleted. Exception: A commercial motor vehicle as defined in 29-A MRSA §101 subsection 17 that is leased and used for commercial vehicle driver education is exempt from inspection prior to use for instruction upon receipt of written authorization by the Secretary of State. Prior to use, the school must notify the Secretary of State in writing of the year, make, model and vehicle identification number and also provide an insurance certificate. The vehicle must be made available for inspection upon request from the Secretary of State.

4.Recordkeeping Requirements. Driver education schools must record and transmit the following information.

A.Class A driver education and commercial motor vehicle driver education school records. Class A schools must maintain the following records.

(1)New course reports. A new course report must be submitted to the Secretary of State on an approved form at least seven days prior to the start of a driver education course. The Secretary of State must be notified, prior to the change or as quickly as possible thereafter, of any changes made to the schedule indicated on the originally submitted report, including cancellations due to weather or other unforeseen circumstances.

(2)Course completion reports. A driver education course consists of two parts: classroom instruction and behind-the-wheel instruction. Classroom instruction and behind-the-wheel instruction must be completed before the student is issued a course completion certificate, and added to a course completion report. Course completion reports must be submitted to the Secretary of State within 30 days of the final classroom session. Any students who have not completed the course by the 30 day due date must be listed on a separate report. Only the name of the instructor(s) directly involved in any portion of the instruction of the course shall be listed on the course completion report.

(3)Student record sheets. A student record sheet must be kept for each student and maintained in a secure location by the school for a period of at least two years from the date driver education was completed. Upon expiration of the retention period all student record sheets must be disposed of in a secure manner. The student record sheet must contain the following information.

(a)Student identity. The name, address, telephone number, email address (optional) and date of birth of the student and the control number of the course completion certificate issued to the student.

(b)Visual acuity. The visual acuity of the student.

(c) Instruction. The number of classroom and behind-the-wheel instruction hours provided to the student.

(d)Instructor and location. The name of the instructor who provided the classroom and behind-the-wheel instruction and the location where the classroom instruction was conducted. Only the name of the instructor(s) directly involved in any portion of the instruction of the course shall be listed on the student record sheet.

(e)Parental involvement. Date and type of parental involvement as defined in §6, subsection 1D (1).

(f) At the completion of the course, signature of the student, certifying the student received all required components of the course indicated on the student record sheet. A copy of the student record sheet shall be provided if requested by the student, parent or guardian.

(g) Student record sheets shall be provided to the Secretary of State on request.

(h) Class A schools must maintain a record for each person given private behind-the-wheel driving lessons that includes the person's name, date of birth, address, the nature and extent of instruction provided and the name of the driver education instructor(s). These records must be maintained and kept in a secure location for a period of at least two years from the date driver education was completed. Upon expiration of the retention period all records must be disposed of in a secure manner.

(4)Employees. The school shall provide the names and addresses of persons employed by the school. The school must immediately advise the Secretary of State, in writing, whenever a driver education instructor is hired or leaves the school's employ.

(5)Location. The location and address of the school. The school owner must immediately advise the Secretary of State, in writing, whenever the location or address of the school changes.

B.Class B driver education and commercial motor vehicle driver education school records. Class B driver education schools and commercial motor vehicle driver education schools must maintain a record for each person given driver education that includes the person's name, date of birth, address, the nature and extent of instruction provided, and the name of the driver education instructor(s). These records must be maintained for a period of at least two years from the date driver education was completed. A copy of the student record sheet shall be provided if requested by the student, parent or guardian. Student record sheets shall be provided to the Secretary of State upon request.

C.Inspection of records. The Secretary of State may, with or without notice to the driver education school, inspect all school records. The school must make such records available to the Secretary of State for inspection.

D.Sale or closure of driver education school. A driver education school owner must immediately advise the Secretary of State, in writing, of its sale or closure. If a driver education school has any students who have not completed the course, a written plan must be submitted to the Secretary of State detailing what arrangements will be made to enable the students to complete the course. A driver education school that is closed or sold must immediately return all documents, forms and other related material issued by the Secretary of State and its license, if unexpired, to the Secretary of State.

E.Loss or destruction of records. The loss, mutilation or destruction of any records required to be filed or maintained in accordance with these rules must be reported immediately to the Secretary of State.

F.Exceptions for commercial motor vehicle driver education schools. A commercial motor vehicle driver education school is exempt from the requirements of subsection 4, paragraph A(1) and A(2).

5.Additional requirements for Class A commercial motor vehicle driver education schools. In addition to the requirements listed in §4, subsection 3 and 4, a Class A commercial motor vehicle driver education school must meet the following requirements.

A.Publications. The school must have the following publications and information available at the school.

(1)Federal motor carrier safety regulations. The most recent printed or electronic edition of the United States Department of Transportation, Federal Highway Administration, Motor Carrier Safety Regulation sat each location.

(2)Commercial driver's manual. The most recent edition of the State of Maine Commercial Driver's Manual.

(3)Curriculum textbook. A textbook approved by the Secretary of State which may not be more than one edition older than the most recent edition.

B.Off street driving range. The school must have an off street range area approved by the Secretary of State that measures at least 20,000 square feet and is sufficient for providing training on parallel parking, straight line backing, forward through an offset alley and alley docking. A range of 15,000 square ft. is acceptable for a Class B commercial vehicle, passenger bus or school bus.

29- 250 C.M.R. ch. 9, § 5