N.J. Admin. Code § 13:85-6.1

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

Section 13:85-6.1 - Certification of rider coaches

(a) Any person seeking to qualify for certification as a rider coach of the MSE course shall apply in writing to the Chief Administrator, and as of the date the certification is issued by the Chief Administrator, shall:

1. Be the holder of a motorcycle license or endorsement issued by any state that is not suspended, revoked, or expired and have at least two consecutive years of licensed motorcycle riding experience on the public roads and highways;

2. Be the holder of a current Motorcycle Safety Foundation certification as a motorcycle rider coach;

3. Have no conviction for sexual assault, endangering the welfare of children or incompetent persons, arson, robbery, aggravated assault, kidnapping, murder, manslaughter or, within the past 10 years, for a violation of a law pertaining to a controlled dangerous substance in New Jersey or any other jurisdiction;

4. Have no record of a suspension or revocation of his or her driver's license, motorcycle license or endorsement, special learner's permit, examination permit, or probationary license during the past two years;

5. Have no conviction for a violation of 39:4-50 or conviction of a violation of law of a substantially similar nature of another jurisdiction during the past five years;

6. Have accumulated no more than four points assessed against his or her driver's license or motorcycle license or endorsement, special learner's permit, examination permit, or probationary license for motor vehicle offenses during the past two years; and

7. Have at least two years of motorcycle riding experience.

(b) For purposes of determining whether an applicant is qualified for the issuance of a rider coach certification, the Chief Administrator shall review the application submitted pursuant to (c) below and apply the following:

1. An applicant who has held during the two consecutive years prior to the date of review more than one motorcycle operator's license or endorsement--each issued by a different state--meets the requirements of (a)1 above provided that there is no period during the two consecutive years in which the applicant did not hold a motorcycle operator's license or endorsement issued by a state.

2. A record of suspension or revocation shall be deemed to exist for purposes of this section if, on any day during the two years previous to the date of review, a suspension or revocation of the applicant's driver's license or motorcycle license or endorsement was in effect.

3. The accumulation of motor vehicle points prohibited by (a)6 above shall include all points assessed as the result of a conviction for motor vehicle offenses where the date of conviction occurs within the two years previous to the date of review notwithstanding any reductions during that period for good conduct or successful completion of a defensive driving course or other reduction provided by law.

4. When the suspension of a driver's license or motorcycle license or endorsement occurring during the two years previous to the date of review was imposed solely in connection with a parking offense or as a sanction for failure to meet a financial obligation or to compel appearance before a court or administrative body, and the license or endorsement was restored upon payment of the parking fine or financial obligation, or appearance before the court or administrative body, the Chief Administrator shall issue the certification provided the length of any such suspension does not, in the judgment of the Chief Administrator, render the applicant unable to demonstrate that he or she has at least two consecutive years of motorcycle riding experience under the motorcycle license or endorsement submitted with the application and all other requirements are met.

(c) Any person who meets the requirements set forth in (a) above may apply in writing to the Chief Administrator for the issuance of a certification. The applicant shall sign and date the application, which shall include the following information:

1. The applicant's full name, residential address, and telephone number;

2. The applicant's motorcycle operator's license or endorsement number, the name of the issuing state, and a copy of the front and back of the license or endorsement;

3. The location, dates of attendance, and identity of the sponsor of the Motorcycle Safety Foundation Rider Coach Preparation course attended by the applicant, the name(s) of the rider coach trainer(s) conducting the course, and a copy of the front and back of the MSF rider coach's card issued to the applicant or a copy of the applicant's MSF RCP course completion certificate;

4. A completed New Jersey Criminal History Review Form and fingerprint card or cards as required by N.J.A.C. 13:59 and supplied by the Motor Vehicle Commission and a cashier's check, certified check, money order, or ordinary business check payable to the Division of State Police-SBI in the amount specified in 13:59-1.3;

5. A statement by the applicant that he or she meets each of the requirements for certification set forth in this section;

6. In the case of an applicant who is the holder of a motorcycle license or endorsement issued by another state or jurisdiction, a copy of the applicant's driving history certified by the motor vehicle licensing agency of that state or jurisdiction; and

7. The estimated number of miles ridden on a motorcycle during the two years previous to the application and the types of riding experience.

(d) When the applicant submits an unsigned or otherwise incomplete application, the Chief Administrator shall send the applicant a Notice of Incomplete Application. The Notice shall specify the deficiencies in the application and provide the applicant with no less than 10 days from receipt of the Notice to submit the information or document needed to complete the application. If the applicant does not correct the deficiency within the time period specified in the Notice, the incomplete application, if retained by the Motor Vehicle Commission, shall be returned to the applicant. An applicant for certification as a rider coach who meets all of the requirements set forth in this section other than being the holder of a current certification as a motorcycle rider coach issued by the Motorcycle Safety Foundation may submit his or her application to the Motor Vehicle Commission for review. Such application shall be kept on file by the Motor Vehicle Commission for a period not exceeding 180 days pending receipt of proof of the applicant's MSF certification.

(e) When the Chief Administrator's review of the application finds the applicant meets the requirements set forth in (a) above, the Chief Administrator shall issue a certification. No certification fee shall be charged by the Chief Administrator. A certification so issued shall be in writing and shall be valid during such period as the rider coach continues to meet the requirements of (a)1 through 7 above. The certification shall include a statement that the holder may serve as a rider coach in any MSE course offered by a provider during any training year, subject to the provisions of N.J.A.C. 13:85-6.2, so long as the certification is valid at the time the holder serves as a rider coach. The Chief Administrator shall assign a Motor Vehicle Commission Certification Number to the rider coach. The rider coach shall keep the certification readily available whenever serving as a rider coach in the MSE course and shall present it to the Chief Administrator or the Chief Administrator's designee upon request.

(f) The period of validity of the certification shall end as of the date:

1. A suspension or revocation of the rider coach's motorcycle operator's license or endorsement or driver's license becomes effective;

2. The rider coach is convicted of a violation of 39:4-50 or of a substantially similar law in another jurisdiction;

3. The rider coach is convicted of a motor vehicle offense and is assessed motor vehicle points that, when added to other points assessed during the two years previous to the date of the offense, exceed four points in total;

4. The rider coach's MSF certification is no longer valid;

5. The rider coach is convicted of any of the crimes or offenses set forth in (a) above;

6. The rider coach is found to be in noncompliance with this chapter; or

7. The rider coach has not complied with the requirements of an approved course curriculum and/or the Motor Vehicle Commission's Motorcycle Safety Education Program.

(g) A rider coach shall report to the Chief Administrator whenever the period of valid certification has ended, within 10 days after the date on which the period has ended, and shall surrender the certification or any Letter of Registration issued pursuant to 13:85-6.2 to the Chief Administrator.

(h) The Chief Administrator shall recertify a person whose initial certification is no longer valid and who has no record of having served as an MSE rider coach after the period of valid certification ended upon the person again meeting the requirements in (a)1 through 7 above.

N.J. Admin. Code § 13:85-6.1

Recodified from N.J.A.C. 13:85-3.1 and amended by R.2000 d.240, effective 6/5/2000.
See: 32 N.J.R. 1161(a), 32 N.J.R. 2093(a).
Rewrote (a); added (b) through (d); recodified former (b) as (e), and rewrote paragraph; added (f) through (h).
Amended by R.2006 d.206, effective 6/5/2006.
See: 37 N.J.R. 4890(a), 38 N.J.R. 2512(a).
Section was "Director certification of instructor". Substituted "Chief Administrator" for "Director" throughout; substituted "certification" for "Certification" in (a)2; deleted "the" following "For" in the introductory paragraph of (b), substituted "When" for "Where" in (b)4; in (c)5, substituted "Motor Vehicle Commission" for "OHTS" and deleted a hyphen following "SBI", in (c)7, deleted "non-New Jersey" and inserted "issued by another state or jurisdiction", "licensing" and "of that state or jurisdiction"; in (d), substituted "When" for "Where", "Chief Administrator" for "State Coordinator", "specify" for "state", "specified" for "stated" and "Motor Vehicle Commission" for "OHTS"; in (e), substituted "When" for "Where", "Director's" for "Chief Administrator's" two times and "Motor Vehicle Commission" for "Director"; and substituted "; or" for a period at the end of (f)5 and inserted (f)6.
Amended by R.2009 d.251, effective 8/17/2009.
See: 40 N.J.R. 5179(a), 41 N.J.R. 3100(a).
Section was "Certification of instructor". Rewrote the section.
Amended by R.2013 d.117, effective 10/7/2013.
See: 45 N.J.R. 251(a), 45 N.J.R. 2260(a).
In (a)4 and (a)6, substituted "permit, or probationary" for "permit or provisional"; and in (f)7, deleted "Examiner's Guide" following "Program".