N.J. Admin. Code § 13:85-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:85-5.1 - MSE course providers

(a) The Chief Administrator may approve a public or private entity, including a United States military installation, or a New Jersey licensed new motorcycle dealer to also provide the MSE course. The approval signifies that:

1. The provider owns, leases, rents, or otherwise has secured the use of a location with a classroom, range, and other facilities and equipment that are in accordance with this chapter;

2. The provider is eligible to receive the assistance provided pursuant to (j) below and 13:85-1.3(b)4; and

3. When, in conformance with this chapter, the provider provides to a participant an MSE course presented by a rider coach holding a valid certification issued by the Chief Administrator and registered in accordance with 13:85-6.2, the participant shall be deemed to have received instruction and training in an MSE course established pursuant to this chapter.

(b) An approved provider shall either assign an employee of the provider or contract with a person to serve as the course rider coach at the location. The Chief Administrator may also approve a public or private educational institution or a New Jersey licensed new motorcycle dealer to provide instruction in the course by contracting with an existing provider; however, the provider named in the application and receiving the approval shall be responsible for ensuring the course is provided in compliance with this chapter and shall make all filings or requests for approvals required or permitted by this chapter.

(c) A "public or private entity" shall include the following:

1. A State institution of higher education as defined at 18A:62-1 or an equivalent private institution of higher education authorized to operate in New Jersey under Title 18A of the New Jersey Statutes;

2. A high school, vocational or technical school or other training school operated by the board of education of a municipal, regional or county school district, or any equivalent private high school, vocational or technical school authorized to operate under Title 18A of the New Jersey Statutes;

3. A State, county, or municipal agency authorized by statute or rule to engage in educational activities;

4. A nonprofit corporation organized under Title 15A of the New Jersey Statutes for educational purposes in the field of motorcycle safety education that is tax-exempt under Section 501(c)(3) of the United States Internal Revenue Code;

5. A United States military installation; and

6. Any other public or private entity approved by the Chief Administrator, pursuant to this subchapter.

(d) An applicant that desires the approval of the Chief Administrator to provide the MSE course shall submit an application to the Chief Administrator on a form supplied by the Motor Vehicle Commission and provide any additional pertinent information when requested to do so by the Chief Administrator. The application shall be required to be accompanied by an initial course certification fee of $ 250.00, payable to the Motor Vehicle Commission, for the initial location at which the applicant intends to offer motorcycle range instruction. The application shall include the following information:

1. The names, addresses, and business telephone numbers of the public or private educational institution's board of trustees, board of education, other governing body, or commanding officer of the United States military installation located in this State, and the officer or employee who shall serve as the location coordinator; or, if applicable, the names, addresses, and business telephone numbers of the New Jersey licensed new motorcycle dealer's principal(s), partners, or corporate officers, and the officer or employee who shall serve as the location coordinator;

2. The address of the location where classes in the MSE course shall be conducted and whether the location is owned by the applicant or shall be leased, rented, or otherwise secured from the owner and the name, address, and telephone number of the owner;

3. A diagram of the location that clearly depicts the dimensions of and distances between the classroom, restrooms, range, parking lot, and storage facilities;

4. In the case of a private educational institution authorized to operate under Title 18A of the New Jersey Statutes, a copy of the license or certificate issued by the State;

5. In the case of any State, county or municipal agency not operating under Title 18A of the New Jersey Statutes, a citation to the law or rule or other legal source of authority that authorizes it to provide educational activities;

6. In the case of a nonprofit, tax-exempt corporation, a copy of the certificate of incorporation, by-laws, and decision letter from the Internal Revenue Service confirming its tax-exempt status and a copy of its most recent annual report filed with the Secretary of State of New Jersey, pursuant to 15A:4-5;

7. Evidence of insurance as required by 13:85-5.2;

8. Whether the applicant will directly employ and/or contract with each rider coach and/or contract with an existing provider to provide the MSE course at the location, and, if so, a copy of the proposed agreement;

9. A proposed schedule of course offerings and classes for the training year in which the applicant anticipates offering the course, and the anticipated tuition, if any, for each course;

10. A description of the procedures to be followed for registration of participants and other recordkeeping;

11. Evidence that the offering of the MSE course at this location meets all applicable zoning laws in the form of a letter from the municipality in which the location is situated;

12. A description of the applicant's procedures for dealing with medical emergencies; and

13. A list of equipment to be used in the program.

(e) Upon receipt of the application, the Chief Administrator shall have the location inspected and all information submitted in the application verified.

(f) When the Chief Administrator verifies the information submitted in the application and determines that the applicant's facilities and equipment are in conformance with 13:85-5.4 and that the requirements of 13:85-5.2 and 5.6 have been met, the Chief Administrator shall issue in writing his or her approval to provide the MSE course at the location identified in the application and shall specify the date on which the applicant may commence providing the course. The Chief Administrator shall review the provider's qualifications to provide the course periodically by inspection of the location, equipment and records, monitoring of classes in session, and other means. The Chief Administrator may revoke the approval to provide the course at any location for noncompliance with this chapter or other good cause.

(g) The provider shall contact the State Program Coordinator (whose contact information is located at 13:85-1.3(g) ) to obtain the written approval of the Chief Administrator, pursuant to this section, prior to providing the MSE course at any additional location or any new or altered range or classroom or other facility related to the course at an existing location. The Chief Administrator shall have the additional location or new or altered range or classroom or facility at an existing location inspected prior to issuing any approval for its use in the course.

(h) The provider shall give prior notice to the Chief Administrator of each MSE class it offers in accordance with the following:

1. The provider shall schedule classes to take place no earlier than March 1 and no later than December 31.

2. The governing board or appropriate officer of the provider shall file with the Chief Administrator the schedule of classes to be offered in the current calendar year. The schedule shall show the times, dates, and locations of the classes offered in each course, the intended date of publication of the schedule, and the start of the provider's registration period. The provider shall notify the Chief Administrator within five days of the cancellation of a scheduled class or any other change that occurs in the schedule filed with the Chief Administrator. No additional class shall be scheduled without prior notice to the Chief Administrator of at least five days.

(i) Registration of students for the schedule of classes filed with the Chief Administrator shall be the responsibility of the provider.

(j) The following concern classroom instructional materials and uniformity of course content and standards:

1. For all classes conducted by a provider, and notwithstanding the provisions of N.J.A.C. 13:85-5.4, the Chief Administrator may use the monies available in the Motorcycle Safety Education Fund to provide the required participant classroom instructional materials. Required participant classroom instructional materials include the participant workbook for the course and any other instructional materials or aids the Chief Administrator deems necessary or appropriate for course instruction. The State Program Coordinator shall maintain an inventory of the number of participant classroom instructional materials distributed to each provider.

2. The Chief Administrator may also use the monies in the Motorcycle Safety Education Fund to make available to each provider for use in a classroom or on a training range:

i. The course videotape, DVD, chart, slide, or other classroom instructional aids;

ii. Rider coach guides;

iii. Range cards;

iv. Evaluation, coaching, and range management guides;

v. Course completion cards, attendance rosters, and other materials the Chief Administrator determines are necessary or appropriate to document the student's participation and performance in a course;

vi. Translators or interpreters for the hearing impaired; and

vii. Other necessary materials and/or services as approved and designated by the Chief Administrator to defray the costs of the MSE program as authorized by 27:5F-39.

3. The number and distribution of the items in (j)1 and 2 above shall be determined by the State Program Coordinator based on a written request form the provider submitted with the schedule filed by the provider pursuant to (h)2 above that demonstrates the need for these items based on the number of training ranges, classrooms, and anticipated participants. The State Program Coordinator shall maintain an inventory of all materials provided, which shall remain the property of the Motor Vehicle Commission.

4. The State Program Coordinator may take such steps as he or she deems reasonable and necessary to ensure uniformity of course content and standards among classes offered by providers. Such steps shall include, but not be limited to, making available instruction and training updates or other course-related advisories to rider coaches.

5. The Chief Administrator may also use monies in the Motorcycle Safety Education Fund for other reasonable purposes relating to defraying the costs of the motorcycle safety education program as authorized by 27:5F-39.

(k) The following concern range instructional materials, participant and range safety, and reimbursement requirements:

1. The Chief Administrator may use monies in the Motorcycle Safety Education Fund to reimburse authorized expenditures of approved providers for materials, equipment, supplies, and services purchased in compliance with this section.

2. In order to qualify for reimbursement through the Motorcycle Safety Education Fund Reimbursement Program, a provider must:

i. Complete an application on a form prescribed by the Chief Administrator;

ii. Comply with all relevant statutes, rules, procedures, and memoranda from the Program Coordinator;

iii. Have offered a minimum of 18 approved courses in the past fiscal year;

iv. Offer the Basic Rider Course (BRC);

v. Utilize instructors included on the Commission-certified instructor list;

vi. Be a public or private entity specifically defined in (c)1 through 5 above;

vii. Not use Motorcycle Safety Education Program reimbursement funds to supplant other Federal, State, or local funds that would otherwise be available to the provider;

viii. Provide the Commission with a certification that the provider has accounting, auditing, inventory accountability, and monitoring procedures in place that are being employed and that all records relating to expenditures and/or reimbursement from the Motorcycle Safety Education Fund Reimbursement Program are maintained in such condition as to allow inspection, prevent fraud or error, and to assure fiscal control, proper management, and accurate disbursement of funds;

ix. Provide all inventory, programmatic, and financial records for audit and review by the Commission upon request; and

x. Provide a list of expenses that the provider anticipates will qualify for reimbursement under this section.

3. Distribution of any reimbursement from the Motorcycle Safety Education Fund, pursuant to N.J.S.A. 27:5F-39 and this section shall be at the sole discretion of the Chief Administrator and shall not be made available for:

i. Salaries or benefits of instructors or other employees of the provider;

ii. Fundraising; or

iii. The provider's business costs, such as, but not limited to, liability insurance on buildings or structures, capital improvements, real estate purchases, construction costs, labor costs for equipment repairs, or any other use that has not gained the prior approval of the Chief Administrator or is inconsistent with N.J.S.A. 27:5F-39 or this section, as determined by the Chief Administrator.

4. Distribution of any reimbursement from the Motorcycle Safety Education Fund may be made available to approved providers, based on funds available each year, for:

i. DOT-approved helmets and personal safety equipment, as identified by N.J.A.C. 13:85-2.2, for use by range instruction participants and instructors;

ii. Range safety equipment for use during training and education, such as, but not limited to, fire extinguishers, cones, first aid supplies, and range safety maintenance;

iii. Purchase of motorcycles; and/or

iv. Motorcycle repair and replacement parts, for use only on motorcycles that were purchased using funds from the Commission pursuant to this section, excluding labor costs.

5. Upon making the determination that funding may be made available for reimbursement consistent with this section, the Chief Administrator shall provide notice to all providers setting forth when, and if, funds will be available for distribution und er this section and the deadline for submission of applications.

6. Upon receiving notice of reimbursement funding availability from the Chief Administrator, providers may submit a timely application for inclusion in the Motorcycle Safety Education Fund Reimbursement Program, which shall include:

i. The provider's name and other identifying information;

ii. A signed certification that funds will be used only in conformance with this section;

iii. A list of all anticipated expenditures, that the provider anticipates will qualify for reimbursement under this section; and

iv. Certification that the provider has accounting, auditing, inventory accountability, and monitoring procedures in place that are being employed and that all records relating to expenditures and/or reimbursement from the Motorcycle Safety Education Fund are maintained in such condition as to allow inspection, prevent fraud or error, and to assure fiscal control, proper management, and accurate disbursement of funds in compliance with this section.

7. Approved providers are not limited to one application per year. Following approval for reimbursement of expenditures listed in the application, and subject to availability of funds, approved providers may seek reimbursement for other items by filing a new application with the Chief Administrator.

8. All equipment and motorcycles purchased with funds that are reimbursed pursuant to the Motorcycle Safety Education Fund Reimbursement Program must be for safety, education, and training purposes only, as described below:

i. All equipment and motorcycles purchased pursuant to this section with State funding are the property of the provider, unless and until the provider is no longer an approved provider in good standing as described in (k)8v below;

ii. All equipment and motorcycles purchased pursuant to this section must be properly stored and maintained and exclusively used for education and training on approved training ranges;

iii. All motorcycles purchased pursuant to the Motorcycle Safety Education Fund Reimbursement Program must be titled in the provider's name;

iv. All motorcycles purchased pursuant to this section must be properly registered and insured by the provider from the time of receipt until the motorcycle is returned or surrendered to the possession of the Commission, at a location designated by the Commission. Insurance certificates for motorcycles purchased pursuant to this section must include the Commission as an additional insured party. Every provider must provide the Commission with a copy of a valid declaration of insurance for each motorcycle purchased pursuant to this section, and shall provide the Commission, when any change is made, including renewals, a copy of the insurance declaration indicating such changes. The provider shall be responsible for any and all transportation costs relating to returning or surrendering any and all motorcycles; and

v. Should any of the following events occur:

(1) Provider disqualification;

(2) Provider removal;

(3) Provider voluntarily leaving the Motorcycle Safety Education Fund Reimbursement Program or losing its status as an approved provider;

(4) Provider ceasing to provide training; or

(5) Provider failing to maintain insurance on any motorcycles purchased or failing to include the Commission as an additional insured party on the insurance policy pursuant to the Motorcycle Safety Education Fund Reimbursement Program, all equipment and motorcycles purchased pursuant to the Motorcycle Safety Education Fund Reimbursement Program shall be returned or surrendered immediately to the Commission at a location designated by the Commission and legal title shall transfer to the Commission.

vi. If a provider is required to return or surrender all equipment and motorcycles to the Commission in accordance with (k)8v above, the provider shall be responsible for all transportation-related costs and for supplying the Commission with all title and registration documents for the motorcycles being returned or surrendered to the Commission. If a provider fails to return or surrender all motorcycles, equipment, and title and registration documents purchased pursuant to the Program, to the location designated by the Commission, then the Commission shall cause the motorcycles and equipment to be taken from the location or premises of the provider or the location where such motorcycles are stored or taken by the provider, in addition to any other available remedy. In such event, the provider shall be responsible for any and all transportation costs.

9. Upon qualification of a provider pursuant to (k)2 above, the Chief Administrator, at his or her sole discretion, and upon availability of funds, may reimburse each such qualified provider for approved purchases in a manner to be determined by the Chief Administrator.

10. The Chief Administrator, or his or her designee, may at any time and for any purpose, monitor, evaluate, or conduct an audit of all financial records and accounting practices, including original receipts and invoices, related to the disbursement of funds under the Motorcycle Safety Education Fund Reimbursement Program to ensure compliance with all applicable statutes and rules. The Motor Vehicle Commission may also request, at any time, reports and/or financial statements detailing the purpose and use of Motorcycle Safety Education Fund Reimbursement Program-funded purchases. Original receipts and invoices for each item purchased or paid for using funds disbursed under the Program must be maintained by the provider.

11. Failure to comply with this section may result in the suspension of reimbursement payments, termination of qualification as a provider, and/or any other appropriate criminal, civil, or administrative action available pursuant to law.

N.J. Admin. Code § 13:85-5.1

Amended by 51 N.J.R. 1777(a), effective 12/2/2019

Amended by 52 N.J.R. 2127(a), effective 12/7/2020