N.M. Admin. Code § 18.20.3.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.20.3.7 - DEFINITIONS

For use in this part, the following definitions apply:

A. ADA means the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.;

B. bureau means the traffic safety bureau (TSB) of the New Mexico department of transportation;

C. behind-the-wheel means instruction in which the student, under the direct guidance of a certified driver education instructor, is in control of a motor vehicle, and includes on-street training, on-range training or use of a driving simulator, only as provided by these rules;

D. certificate means a document issued by the bureau authorizing a person to serve as a driver education school instructor;

E. certificate of attendance means a document evidencing that a person has completed a driver education instructor training course or recertification driver education instructor training course conducted by the bureau;

F. certificate of completion means an official document purchased from the bureau and issued to the student upon successful completion of a driver education course;

G. clean driving record means a person has no more than six (6) points on that person's driver's license, and that person has not within the last ten (10) years had a driver's license suspended or revoked as a result of a DWI conviction or refusal to submit to or failure of chemical tests pursuant to the Implied Consent Act, or been convicted in any jurisdiction of an alcohol or drug-related driving offense, or has received three (3) or more failure to appear summonses or citations in the past year;

H. convicted or conviction has the meaning given in Section 66-8-102 NMSA 1978.

I. correspondence course means a driver education course approved by the bureau in which a student, overseen by a parent, legal guardian or supervising adult, independently studies written materials and submits written assignments for review by a driver education instructor, and shall not include on-line courses;

J. credit hour means fifty (50) minutes of instruction and ten (10) minutes of break time;

K. crime involving moral turpitude means a crime that is contrary to honesty, justice or good morals, such as a crime involving dishonesty, fraud, perjury, forgery, murder or serious sexual offenses;

L. curriculum means a course of instruction approved by the bureau pursuant to Section 66-10-1 et seq. NMSA 1978;

M. designee means a person authorized to perform certain specified duties on behalf of the bureau;

N. disabled means a person who is disabled under the provisions of the ADA, and whose disability substantially limits the person's ability to learn and implement the driver education curriculum;

O. driver education course or course means a driver education curriculum taught by a driver education instructor and includes correspondence courses, classroom instruction and behind-the-wheel training;

P. driver education school or school or licensee means a person licensed by the bureau to operate a school offering driver education courses;

Q. driver education instructor or instructor means a person certified by the bureau as qualified and trained to conduct driver education courses, who gives instruction for hire in the driving of motor vehicles or prepares applicants for examination for a Class D, E or M driver's license;

R. driving simulator means a computer-based simulator unit and program, approved by the bureau, that reproduces driving situations likely to occur in actual driving performance on the street which require the student to evaluate risk, make decisions, and respond appropriately to the driving situation presented;

S. educational institution means any public, private or parochial school that provides basic education at the mid school, junior high school or high school level;

T. enrolled means that a student has registered for a driver education course, attended the first day of a scheduled course and will continue until the course is completed;

U. extension site means a location other than the main school site where a licensed driver education school offers driver education courses;

V. Implied Consent Act means Sections 66-8-105 through 66-8-112 NMSA 1978;

W. limited driving history means a driving record from the New Mexico motor vehicle division of the taxation and revenue department or its equivalent that includes actions and citations, and driver's license revocations pursuant to the Implied Consent Act;

X. license means the document issued by the bureau authorizing a person to operate a driver education school;

Y. MVD means the New Mexico motor vehicle division of the taxation and revenue department;

Z. on-range training means a student is in control of a motor vehicle on an off-street facility where one or more students may be operating a motor vehicle simultaneously under the direction of one or more instructors who are outside the vehicle;

AA. on-street training means a student is in control of a motor vehicle on a public highway in real and varied traffic situations and an instructor is in the front passenger seat next to the student;

BB. person means an individual, firm, partnership, association, corporation, or other legal entity;

CC. private driver education school means a person to whom the Driving School Licensing Act, Section 66-10-8 NMSA 1978, applies;

DD. proctored exam means an exam monitored by a driver education instructor;

EE. revocation or revoked means the involuntary permanent termination of a license or certificate by the bureau for cause;

FF. student means a person who has enrolled in a driver education course; and

GG. suspension or suspended means the involuntary termination of a license or certificate by the bureau for cause for a specified period of time.

N.M. Admin. Code § 18.20.3.7

18.20.3.7 NMAC - Rp, 18 NMAC 20.3.7, 1-1-03; A, 2-13-09