29-250-9 Me. Code R. § 6

Current through 2024-51, December 18, 2024
Section 250-9-6 - Driver Education School Curriculum

All driver education schools must adhere to the standardized curricula established by these rules.

1.Class A driver education school curriculum. A Class A driver education school providing a driver education course must follow the driver education curriculum approved by the Secretary of State. The textbook and other materials necessary to deliver the curriculum must be available for each student and may not be more than one edition older than the most recent edition or version. The Secretary of State may authorize the use of older editions if the changes to the most recent edition are in significant. This curriculum requires 30 hours of classroom and ten hours of behind-the-wheel training. The curriculum is divided into three sections and provides a learning sequence which begins with the presentation of basic driver education concepts leading to the more difficult and complex concepts. A driver education instructor may not provide the instruction required by this curriculum until the person has completed training, approved by the Secretary of State, to deliver the curriculum.
A.Pre-driving instruction. The following classroom instruction must be provided to the student before the student operates a motor vehicle.
(1) The Highway Transportation System & Risk Management
(2) Observation techniques
(3) Understanding Regulatory & Warning Signs
(4) Guide & International Signs
(5) Understanding the Purpose of Pavement Markings
(6) Traffic Control Signals
(7) Right-of-Way Rules
(8) Speed Limits Help in Reducing Risk
(9) Comfort & Control Systems & Risk Management
(10) The Visibility & Protective Systems of Your Car
(11) Information & Communication Systems
(12) Checks & Procedures to Use Before Driving
(13) Basic Operating Procedures: Automatic Transmission
(14) Basic Operating Procedures: Manual Transmission
(15) Acceleration, Deceleration & Speed
(16) Learning How to Steer the Car
B.Behind-the-wheel instruction. The following classroom instruction must be presented in the order indicated
(1) Moving From a Curb into Traffic & Out of Traffic to a Curb
(2) How to Prepare for & Execute a Right Turn
(3) How to Prepare for & Execute a Left Turn Planning & Executing a Reverse in Direction
(4) Managing Power & Speed on Hills & Mountains
(5) Managing Visibility, Time & Space
(6) Visibility, Time & Space on Rural
(7) Visibility, Time & Space on Urban Streets
(8) Visibility, Time & Space on Multiple-Lane Highways
(9) Managing Visibility, Time & Space When Changing Lanes
(10) Passing Another Vehicle & Being Passed
(11) How to Prepare for and Execute a Parking Maneuver
C.Additional instruction. The following classroom instruction must be provided. The order of presentation is optional with the school.
(1) Distracted Driving
(2) Knowing Yourself
(3) Handling Social Pressures
(4) Administrative Laws and Accidents
(5) Light & Weather Conditions
(6) Sharing the Roadway
(7) Natural Laws & Driving
(8) Responding to An Emergency
(9) Buying a Car
(10) Car Systems & Maintenance
(11) Planning A Trip
(12) Getting Ready: Your State Driving Test
D.Other related requirements
(1)Parental involvement. The curriculum includes a parental involvement component. For the purpose of this paragraph the following person would satisfy this component: parent, stepparent, foster parent, legal guardian, or grandparent living within the same household, or other person approved by the Secretary of State. The component must be approved by the Secretary of State and may be satisfied by the following non-exhaustive list of methods.
(a) Attendance during classroom instruction for at least two hours.
(b) Accompanying the student during behind-the-wheel training for at least one hour.
(c) Attendance at a school orientation for at least one hour.
(d) Review of instructional/informational video tapes provided by the school which last for at least one hour. A work sheet completed by the student and parent must be submitted for review by the instructor.
(e) Any exception to parental involvement must be approved by the Secretary of State. This component is not required if the student is 18 years old by the completion of the course. This component may be waived for an emancipated minor.
(2)Classroom hours. Classroom instruction may not exceed ten hours in any seven day period from the start date of the course and no more than three hours of classroom instruction may be provided on any calendar day. Break time shall not be accumulated for early release from classroom instruction. Courses offered in public or private schools may not start sooner than 15 minutes after the end of the regular school day. Two or more courses scheduled consecutively at the same location on the same day, may not start sooner than 15 minutes after the scheduled completion of the immediate preceding session. No classroom instruction may be provided before 6:00 AM or after 10:00 PM. A request to waive these time restrictions must be made in writing and may be approved by the Secretary of State if warranted by extenuating circumstances such as a severe weather event.
(3)Student-instructor ratio. The maximum student-instructor ratio is 30 to 1.
(4)Guest speakers. Unless authorized by the Secretary of State, no more than three hours of the 30 classroom hours may be devoted to guest speakers. A Class A driver education instructor must be present during a guest speaker's presentation. All speaker presentations must be directly related to the required curriculum and use of graphic accident scene pictures or video material is prohibited unless approved by the Secretary of State.
(5)Behind-the-wheel hours. Behind-the-wheel instruction may not exceed two hours for a student on any calendar day. When a student is scheduled for a two hour lesson, at the end of the first hour an instructor shall provide the student the option of a ten minute break. If the student is displaying signs of fatigue or extreme stress, the instructor shall require the student to take a ten minute break. If the student opts not to take a break, a behind-the-wheel lesson may not be ended ten minutes early. Unless authorized by the Secretary of State, no behind-the-wheel instruction may be provided before 6:00 a.m. or after 10:00 p.m.
(6)Behind-the-wheel instruction on road test routes. Behind-the-wheel instruction in a driver education vehicle, including instruction provided to persons who are not enrolled in a driver education course, may not include practicing parking maneuvers on a state vehicle specifically marked "Reserved for Road Testing". A driver education instructor must make every reasonable effort to avoid interfering with a driver license examiner who is conducting a road test.
(7)Vision screening for students. A school must screen each student's vision prior to conducting behind-the-wheel training. A student who does not have vision correctable by lenses of at least 20/40 in the best eye may not operate a motor vehicle until the student presents a statement from a doctor, optometrist, registered nurse or other person approved by the Secretary of State that shows vision is at least 20/40 in the best eye.
(8)Evaluation. A driver education school providing a driver education course must have a plan for evaluating and recording student progress in meeting course objectives, which may include performance standards. A driver education school must also have a written policy, which must be provided to students prior to the start of a driver education course, that defines satisfactory course completion standards.
(9)Refund and cancellation policy. A driver education school must have a written refund and cancellation policy which must be furnished to the student at the time of enrollment in a driver education course. All fees related to the course must be disclosed in this policy. This policy must include a notice that driver education is regulated by the Secretary of State.
(10)Incomplete driver education course. A student, enrolled in a driver education course who fails to complete the course by discontinuing, is allowed to resume a similar course from the point which the student had completed if the student resumes within six months. Missed classes may be taken at any licensed driver education school provided the subject and topic area missed by the student are covered.
(11) A student who is absent from class or classes may not take the final examination until all classroom instruction is completed; or be issued a course completion certificate until all components have been completed. A student has six months from the date of the missed class to complete the makeup. For the purpose of this section, a student may exceed the time limit as described in §6, subsection 1D (2) once in the course in which they are enrolled.
(12)Video. All forms of video presentation, including but not limited to VHS, CD, DVD, Blu-ray disc or Internet based format, must be approved by the Secretary of State prior to use in adriver education course. Instructors must be present in the classroom during the video presentation.
(13)Harassment prevention. At the beginning of a driver education course, a driver education school must provide, and review with students, information to prevent any form of harassment of any student or instructor either in the classroom or in a vehicle during behind-the-wheel instruction.
(14) A course completion certificate shall not be issued to any student who has not completed classroom and behind-the-wheel instruction, passed the final examination or was not 15 years old at the commencement of the course.
E.Final examination. A driver education school must administer a final examination to students who have completed all the requirements provided in these rules and any additional requirements imposed by the driver education school. The examination must consist of a minimum of 30 questions and the student must correctly answer 80 percent of the questions to pass the examination. The Secretary of State shall provide the questions by category which the school must use for the final examination.
F.Course completion certificate. A driver education school must issue a course completion certificate, provided by the Secretary of State, to a student who successfully completes all of the course requirements. A student may not be issued a completion certificate unless the student has received all the instruction required by the approved curriculum and meets the minimum requirements established by these rules and applicable statute. A driver education school may establish additional reasonable requirements, including performance standards, that a student must meet to obtain a course completion certificate. If a driver education school establishes additional requirements, the student must be advised, in writing, prior to enrolling in the course of all the requirements necessary to earn a course completion certificate. A driver education school may not withhold the issuance of a course completion certificate solely because the student fails to pay any fee required by the school.
2. Commercial motor vehicle driver education curriculum
A.Commercial motor vehicle driver education course instructing students in the operation of vehicles which require a Class A driver's license. A commercial motor vehicle driver education school providing such a course must follow the tractor trailer driver curriculum approved by the Secretary of State. The textbook and other materials necessary to deliver the curriculum may not be more than one edition older than the most recent edition or version. The Secretary of State may authorize the use of older editions if the changes to the most recent edition are insignificant. This curriculum requires 78 hours of classroom instruction, 25 1/2 hours of laboratory instruction and 44 hours behind-the-wheel instruction. All behind-the-wheel instruction must occur under the direct supervision of a driver education instructor who has a commercial vehicle endorsement. A driver education instructor may not provide the instruction required by this curriculum until the person has completed training, approved by the Secretary of State, to deliver the curriculum.
B.Commercial motor vehicle driver education course instructing students in the operation of vehicles which require a Class B driver's license. A commercial motor vehicle driver education school providing such a course must adhere to the following requirements and must submit the curriculum to the Secretary of State for approval before the start of a course.
(1)Classroom and behind-the-wheel hours. The course must provide 42 hours of classroom instruction, 20 hours of behind-the-wheel instruction on an off-road range area or facility and 10 hours of behind-the-wheel instruction on-road in rural and urban traffic areas.
(2)Classroom instruction. Classroom instruction must include the following topics.
(a) Orientation
(b) Safe operation regulations, including:
(i) Maine motor vehicle law (Title 29-A, Maine Revised Statutes)
(ii) Federal motor carrier safety regulations
(c) Equipment introduction
(d) Commercial motor vehicle safety control systems
(e) Safe vehicle control, including:
(i) control systems
(ii) basic control
(iii) shifting
(iv) backing
(v) visual search
(vi) communication
(vii) speed and space management
(viii) driver fatigue
(ix) night operation
(x) extreme driving conditions
(xi) hazard perceptions
(xii) emergency maneuvers
(xiii) skid control and recovery
(f) Relationship of cargo to vehicle control
(g) Vehicle inspections
(h) Hazardous materials knowledge
(i) Air brake knowledge
(j) First Aid
(k) Accident procedures
(l) Defensive driving principles
(m) Enforcement agencies and regulations
(n) Drugs, alcohol and driver fitness
(o) Distracted driving
(3)Behind-the-wheel instruction. All behind-the-wheel instruction must occur under the direct supervision of a driver education instructor who has a commercial motor vehicle endorsement and must include the following skills and topics.
(a) Basic safe vehicle control, including:
(i) ability to start
(ii) ability to stop
(iii) ability to move the vehicle forward and backward
(b) Basic vehicle inspection and operation of air brakes
(c) Safe driving, including:
(i) visual search methods
(ii) use of signals
(iii) speed control for weather, traffic and cargo conditions
(iv) ability to choose a safe gap and correctly position the vehicle when changing lanes or turning
C.Other requirements. The requirements of subsection 1, paragraph D, subparagraphs (7) through (11) apply to the commercial motor vehicle driver education curriculum.

29-250 C.M.R. ch. 9, § 6