CHAPTER
Saf-C 5300 MOTORCYCLE RIDER EDUCATION
PROGRAM RULES
Statutory Authority: RSA 263:34-c.
PART
Saf-C 5301 DEFINITIONS
Saf-C 5301.01
"Basic rider course (BRC)" means the basic rider course
established by the motorcycle safety foundation (MSF) for beginning riders.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5301.02
"Beginning rider" means a student who has:
(a) Little or no previous motorcycle riding
experience; and
(b) Not obtained a valid motorcycle endorsement
on their driver license.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5301.03
"Class" means a group of students enrolled in any one
motorcycle rider education program course.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.04)
Saf-C 5301.04
"Contract" means an agreement in which the contractor provides
motorcycle rider education program services as specified by the department.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.05)
Saf-C 5301.05 "Contractor" means any agency,
organization, partnership, or person under contract with the department to
provide motorcycle rider education program services.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.06)
Saf-C 5301.06 "Course section" means a training
module included within a set of modules comprising classroom or range
instruction for a motorcycle rider education program course or an instructor
preparation course.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.07)
Saf-C 5301.07 "Department" means
"department" as defined in RSA 259:19.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.08)
Saf-C 5301.08 "Director" means
"director" as defined in RSA 259:20, or their designee.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.09)
Saf-C 5301.09 "Experienced rider course skills
practice (ERC-SP)" means a course established by the MSF for experienced
riders.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.10)
Saf-C 5301.10 "Experienced rider" means a
motorcyclist who has:
(a) Substantial motorcycle riding experience; or
(b) Previously obtained a valid motorcycle
endorsement on their driver license.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.11)
Saf-C 5301.11 "Fund" means "fund" as
defined in RSA 263:34-a, II.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.12)
Saf-C 5301.12 "Instructor preparation course"
means a course established by the MSF which an instructor-trainee takes and
passes in order to become an instructor. The term includes "rider coach
preparation workshop".
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.13)
Saf-C 5301.13 "Intermediate rider course (IRC)"
means an intermediate or remedial rider course designed for students who:
(a) Have completed a BRC and passed both the
knowledge test and skills evaluation; or
(b) Have completed a BRC and passed the knowledge
test within the previous 12 months but have attempted and failed the skills
evaluation.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.14)
Saf-C 5301.14 "Knowledge test" means a written or
electronic knowledge evaluation to be completed by each student in order to
successfully pass a motorcycle rider education program course.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5301.15 "License waiver" means a type of
training course for individuals who do not hold a motorcycle endorsement that
includes a classroom component, a knowledge test, and skills test which, if
both tests are passed, allows the individual to add the motorcycle (MC)
endorsement to their license with no further testing from the department.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5301.16 "Moped" means "moped" as
defined in RSA 259:57.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.15)
Saf-C 5301.17 "Motorcycle" means
"motorcycle" as defined in RSA 259:63.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.16)
Saf-C 5301.18 "Motorcycle rider education
program" means "motorcycle rider education program" as defined
in RSA 263:34-a, III.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.17)
Saf-C 5301.19 "Off-road motorcycle" means, for
the purpose of this chapter, any motorcycle with extended wheel forks or
"trail bikes" as defined in RSA 215-A:1, XIV.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.18)
Saf-C 5301.20 "Out-of-service" means a motorcycle
that is not in a condition to be safely operated by a student during a
motorcycle rider education program.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.19)
Saf-C 5301.21 "Protective gear" means the
clothing and equipment to be worn by instructors and students during all range
activities.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.20)
Saf-C 5301.22 "Program coordinator" means
"program coordinator" as defined in RSA 263:34-a, IV.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.21)
Saf-C 5301.23 "Range" means a paved area marked
or delineated for practicing and evaluating a student's motorcycle riding
skills.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.22)
Saf-C 5301.24 "Range aide" means the person
chosen by the program coordinator to assist the instructors in a
non-instructional role.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.23)
Saf-C 5301.25
"Refresher course" means a mandatory, annual course which all
instructors must complete in order to maintain their status as an
instructor. The definition also includes the term “spring update”.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5301.24)
Saf-C 5301.26 “Resident” means “resident” as defined in RSA
259:88.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
(from Saf-C 5301.25); ss by #14174, eff 1-17-25 (formerly Saf-C 5301.25)
Saf-C 5301.27 "Site manager" means a person who
works directly for the program coordinator to oversee motorcycle rider
education program sites throughout the state.
Source. #8403, eff 8-2-05; ss by #10589, eff 5-14-14
(from Saf-C 5301.26); ss by #14174, eff 1-17-25 (formerly Saf-C 5301.26)
Saf-C 5301.28 "Skills evaluation" means the basic
or experienced rider course range evaluation to be completed by each student in
order to successfully pass the motorcycle rider education program course.
Source. #10589, eff 5-14-14 (from Saf-C 5301.27); ss
by #14174, eff 1-17-25 (formerly Saf-C 5301.27)
Saf-C 5301.29 "Skills practice" means a type of
training course for individuals who hold a motorcycle endorsement and that wish
to hone and improve skills on their motorcycle with formal professional
training.
Source. #14174, eff 1-17-25
Saf-C 5301.30 "Written evaluation" means a BRC or
ERC training course written or electronic test examination to be completed by
each student in order to successfully pass a motorcycle rider education program
course.
Source. #14174, eff 1-17-25 (formerly Saf-C 5301.28)
PART
Saf-C 5302 INSTRUCTOR REQUIREMENTS AND
TRAINING STANDARDS
Saf-C 5302.01 Instructor Qualifications.
(a) Each instructor-trainee shall:
(1) Meet the qualifications of RSA 263:34-d, II;
(2) Complete and submit an application to the
director on form DSMV 621 “Motorcycle Rider Training Program Rider Coach
Application” (Rev. 12/24);
(3) By signing the form, certify the following:
“I certify that all information
stated in this application is, to the best of my knowledge, .
true and correct. I understand
that submission of this application does not guarantee
me a position in the NH Motorcycle
Rider Training Rider Training Program.”
(4) Complete and submit a DSSP 256 form “Criminal
Record Release Authorization Form” per Saf-C 5703.10 and Saf-C 5703.11 to
authorize the department to obtain the applicant’s criminal record; and
(5) Complete and submit a DSMV 505 form “Release
of Motor Vehicle Records” per Saf-C 5602.05 to authorize the department to
obtain the applicant’s motor vehicle record.
(b) The department shall furnish the forms listed
above at the motorcycle rider education program, Division of Motor
Vehicles, 23 Hazen Drive, Concord, NH 03305.
(c) An application shall be accepted if the
applicant:
(1) Submits all completed forms and meets all of
the requirements of Saf-C 5302.01;
(2) Meets the requirements of RSA 263:34-d;
(3) Has no disqualifying convictions on the
criminal history record check pursuant to Saf-C 5302.01(d); and
(4) Has no disqualifying convictions on the motor
vehicle record pursuant to Saf-C 5302.01(g);
(d) For the purposes of (c)(3) above,
disqualifying convictions shall include the following:
(1) Conviction involving the commission of a
crime in which the applicant used a motor vehicle to commit said crime;
(2) Conviction for deviate behavior such as rape,
deviate sexual relations, or sexual assault;
(3) Conviction for an offense resulting in
the corruption or delinquency of a minor child;
(4) A conviction within the preceding 5 years
for:
a. Driving a motor vehicle under the influence
of alcohol or controlled drugs;
b. Leaving the scene of a motor vehicle
accident;
c. Reckless driving;
d. Driving to endanger, unless in the judgment of
the commissioner, the applicant’s reputation is such that the conviction is
unlikely to adversely affect the applicant’s physical, mental, or moral fitness
to instruct driver education; or
e. Any offense set forth in RSA 259:39, I;
(5)
Conviction involving the manufacture, illegal transportation, possession, sale,
or use of a controlled drug;
(6)
Conviction of New Hampshire motor vehicle or criminal laws or law of any other jurisdiction, that has a direct bearing on
the applicant’s fitness to hold a driver education instructor certificate;
(7) Involvement in a motor vehicle accident that
has a direct bearing on the applicant's fitness to drive; and
(8)
Financial responsibility is required pursuant to RSA 263:63, and is not on file
with the department, if applicable.
(e) Each applicant shall not be eligible for hire
for one year, if their driver record report has sufficient
convictions. For the purposes of this rule, “sufficient convictions”
means 3 accidents with findings of fault, 3 convictions or a combination of 3
accidents and convictions, within the 24 month period preceding the date the
driver record report is generated.
(f) For the purposes of (e) above, motor vehicle
convictions which shall be considered for disqualification include:
(1) RSA 263:1-a, allowing an improper person to
drive a motor vehicle;
(2) RSA 263:2, failure to display or produce
driver license for inspection by an officer;
(3) RSA 263:85, allowing an improper person to
drive a commercial motor vehicle;
(4) RSA 263:13, failure to abide by driver
license restrictions;
(5) RSA 263:92, driving a motor vehicle with the
improper class of driver license;
(6) RSA 263:30, driving without a motorcycle
license;
(7) RSA 265:3, obedience to a police officer;
(8) RSA 265:9, obedience to any required traffic
control device;
(9) RSA 265:25, following too closely;
(10) RSA 265:26-a, driving on a sidewalk;
(11) RSA 265:28, failure to yield the right of
way;
(12) RSA 265:30, failure to obey a yield sign;
(13) RSA 265:31, failure to obey a stop or a yield
sign;
(14) RSA 265:37 and RSA 265:41, failure to use due
care;
(15) RSA 265:45, failure to signal turn;
(16) RSA 265:48-51, improper conduct at a railroad
crossing;
(17) RSA 265:94, illegal backing;
(18) RSA 265:95, obstruction of driver's view;
(19) RSA 265:96, improperly opening and closing
vehicle doors;
(20) RSA 265:99, coasting;
(21) RSA 265:100, following fire apparatus too
closely;
(22) RSA 265:106, prohibited carrying of
passengers in truck;
(23) RSA 265:60-67, speeding;
(24) RSA 261:75 and RSA 261:77, knowing misuse of
plates;
(25) RSA 261:76, knowing failure to display
plates;
(26) RSA 265:16, failure to drive on right hand
side of the road;
(27) RSA 265:18-20, improper passing;
(28) RSA 265:22, crossing yellow line;
(29) RSA 261:61, knowing misuse of registration;
(30) RSA 262:3, false report of theft;
(31) RSA 262:7 and RSA 262:10, changing or
removing vehicle identification;
(32) RSA 262:16, modifying or forging an
inspection sticker or registration decal;
(33) RSA 265:54, overtaking and passing a school
bus;
(34) RSA 262:1, alteration of title;
(35) RSA 262:12, taking without owner's consent;
(36) RSA 262:17, odometer tampering;
(37) RSA 263:63, driving without proof of
financial responsibility;
(38) RSA 263:64, driving after revocation or
suspension;
(39) RSA 264:25, conduct after an accident;
(40) RSA 265:4, disobeying a police officer;
(41) RSA 265:75, racing on highway;
(42) RSA 265:79, reckless driving; and
(43) RSA 265:79-b, negligent driving.
(g) The applicant shall sign and date the form.
(h) Each applicant shall successfully complete an
interview with the program coordinator.
(i) For the purposes of (h) above, the applicant
shall demonstrate:
(1) Concern for rider safety;
(2) Experience in motorcycle riding;
(3) Knowledge of motorcycles; and
(4) An ability to communicate with others.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14);
ss by #14174, eff 1-17-25
Saf-C 5302.02 Instructor Training Standards.
(a) Each instructor-trainee shall complete an
instructor preparation course established by the MSF.
(b) Each instructor-trainee shall complete a
liability waiver statement pursuant to Saf-C 5306.04, for any motorcycle rider
education program they are required to attend.
(c) Each DMV instructor-trainee shall be provided
with the current MSF RiderCoach Guide.
(d) Each instructor-trainee shall attend all
course sections of the instructor preparation course.
(e) In order to pass the instructor preparation
course, each instructor-trainee shall successfully complete:
(1) A skills evaluation;
(2) A knowledge test; and
(3) A student-teacher lesson based upon MSF
evaluation criteria.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14);
ss by #14174, eff 1-17-25
Saf-C 5302.03 Instructor Certification. Upon successful completion of the instructor
preparation course, each instructor shall be issued a certificate of completion
by the chief instructor and a state instructor identification number.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14);
ss by #14174, eff 1-17-25
Saf-C 5302.04 Instructors Certified by Other States.
(a) A person who has been certified as an
instructor in any other jurisdiction may apply for New
Hampshire instructor certification.
(b) Each applicant shall complete and submit a
DSMV 620 form “Motorcycle Rider Training Program MSF-Certified Rider Coach
Application” (Rev. 12/24).
(c) Pursuant to RSA 263:34-d, III, the applicant
shall provide a certified copy of their driving record for the preceding 5
years.
(d) The applicant shall provide a certified copy
of their criminal record.
(e) The applicant shall submit a statement that
they understand and agree to instruct MSF curricula as adopted by the
department.
(f) The applicant shall sign and date the DSMV
620 form “Motorcycle Rider Training Program MSF-Certified Rider Coach
Application” (Rev. 12/24).
“I
certify that all information stated in this application is, to the best of my
knowledge,
true
and correct. I also understand that submission of this application does not
guarantee
me
a position in the New Hampshire Motorcycle Rider Training RiderCoach
Preparation
Course.”
(h) Each applicant shall successfully complete:
(1) An interview with the program coordinator;
and
(2) A skills evaluation.
(i) For the purposes of (h)(1) above, the
applicant shall demonstrate:
(1) Concern for rider safety;
(2) Experience in motorcycle riding;
(3) Knowledge of motorcycles; and
(4) An ability to communicate with others.
(j) Upon meeting the requirements of RSA
263:34-d, II and III and these rules, the instructor shall be issued a state
instructor identification number.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05 (from Saf-C 5302.05); ss by
#10589, eff 5-14-14); ss by #14174, eff 1-17-25
Saf-C 5302.05 Maintaining New Hampshire Motorcycle Rider
Training Instructor Certification. In
order to maintain instructor certification, each certified instructor shall:
(a) Submit a rider coach application form
pursuant to Saf-C 5302.01(a)(2) every year;
(b) Teach at least 3 BRCs for the motorcycle
rider education program per year;
(c) Take at least one refresher course and one
professional development workshop per year;
(d) Teach all courses offered by the motorcycle
rider education program according to MSF curricula as adopted by the
department;
(e) Provide a signed document stating their
criminal record can be obtained by the department, pursuant to Saf-C
5302.01(a)(3);
(f) Provide a signed document stating their
driving record can be obtained by the department, pursuant to Saf-C
5302.01(a)(4);
(g) Maintain a current valid driver license with
a motorcycle endorsement; and
(h) Maintain the requirements set forth in RSA
263:34-d, II.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05); ss by #10589, eff 5-14-14);
ss by #14174, eff 1-17-25
Saf-C 5302.06 Revocation or Suspension of Instructor
Certificate.
(a)
Instructors shall report to the program coordinator any convictions,
guilty pleas, or nolo contendere pleas for violations of motor vehicle or
criminal laws described in Saf-C 5302.01 within 48 hours of the judgment.
(b) Upon
receipt of a report of judgment by an instructor, or receipt of information
showing good cause, the department shall revoke or suspend an instructor’s
certification, after notice and the opportunity for an administrative hearing.
(c) Good
cause shall include any of the violations described in Saf-C 5302.01.
(d) Each
instructor whose certificate is sought to be revoked or suspended pursuant to
these rules shall be afforded notice and the opportunity for an administrative
hearing.
(e) Each
person requesting a hearing shall submit a written request to the Bureau of
Hearings, 33 Hazen Drive, Concord, NH 03305.
(f) All
administrative hearings shall be conducted in accordance with the provisions of
Saf-C 200.
(g) The
scope of the hearing shall include the following:
(1) Review of the evidence submitted, pursuant to
(a) through (c) above, that supports the revocation or suspension of a driver
education instructor certificate:
(2) Age of applicant;
(3) Number of years of driving experience;
(4) Type(s) of conviction, moving or non-moving;
(5) Past history as it relates to current
convictions;
(6) Mitigating circumstances;
(7) Evidence of any alcohol related convictions
or violations within the preceding 10 years:
(8) Evidence of a physical, mental, or emotional
impairment that would preclude safe operation of a motor vehicle:
(9) Evidence that the person is on any medication
that would preclude safe operation of a motor vehicle: and
(10) Any other evidence indicating the driver
education instructor’s fitness to safely drive a motor vehicle or instruct
driver education to pupils, both in the classroom and on the road.
(h) The
department shall notify the applicant’s employer or superintendent of any
decision from the bureau of hearings.
(i)
Notwithstanding (b) above, the director shall revoke an instructor
certificate immediately, pursuant to RSA 263:59, if they receive evidence that
the instructor:
(1) Is physically or mentally an improper or
incompetent person to drive;
(2) Is driving improperly so as to endanger the
public; or
(3) Has made a materially false statement in
their application.
(j) Any
person whose instructor certificate has been revoked pursuant to (i) above,
shall be entitled to an administrative hearing in accordance with the
provisions of Saf-C 200.
Source. #14174, eff 1-17-25
PART Saf-C
5303 DUTIES OF COURSE PERSONNEL
Saf-C 5303.01 Duties of the Site Manager. The site manager shall:
(a) Check range areas, classrooms, and
instructors to ensure that they are in compliance with MSF standards, as
adopted by the department;
(b) Provide each instructor with classroom
materials and range equipment;
(c) Check that all motorcycles are in-service and
that spare parts are available, if necessary, to repair any motorcycles;
(d) Check that instructors are properly scheduled
for each course;
(e) Provide to the program coordinator any
incident reports for all personal injuries and property damage for each site;
(f) Immediately notify the director and the
program coordinator of any personal injuries; and
(g) Provide a
written report of any personal injuries or property damage to the director and
the program coordinator within 48 hours of the incident.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5303.02 Duties of Instructor. The instructor shall:
(a) Conduct course sections, according to MSF
approved curricula as adopted by the department;
(b) Maintain an instructor-student ratio of no
more than 1 to 6;
(c) Observe that each student enrolled in a
motorcycle rider education program course wears protective gear;
(d) Inspect each motorcycle before the beginning
of each course;
(e) Supervise all range activities;
(f) Demonstrate all range exercises;
(g) Confirm that each student is properly
registered and completes the waiver form, at the beginning of the classroom
portion of the course;
(h) Designate and report to the chief instructor
and program coordinator each student eligible for the IRC pursuant to Saf-C
5304.03;
(i) Conduct remedial training during the BRC
courses;
(j) Immediately notify the director, program
coordinator, and site manager of any personal injuries;
(k) Provide a written report of any personal
injuries or property damage to the site manager within 48 hours of the
incident; and
(l) Evaluate student riding performance and issue
completion cards, pursuant to RSA 263:34-b, V.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5303.03)
Saf-C 5303.03 Duties of Range Aide. The range aide shall:
(a) Set up and organize range equipment
throughout the course; and
(b) Maintain the range area free from debris and
obstructions.
Source. #6144, eff 12-21-95, EXPIRED 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25 (formerly Saf-C 5303.04)
PART Saf-C
5304 COURSE STANDARDS
Saf-C 5304.01 Basic RiderCourse (BRC). The minimum standards for the BRC shall be as
specified in the MSF BRC RiderCoach Guide, Edition 1.0, Seventh Printing (Rev.
April 2022), available as stated in Appendix B.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5304.02 Experienced RiderCourse (ERC). The minimum standards for both the
Experienced RiderCourse – Skills Practice (ERC-SP) and the Experienced
RiderCourse–License Waiver (ERC-LW) shall be as specified in the MSF Basic
RiderCourse 2 RiderCoach Guide, Edition 1.0, first printing: March 2015,
available as stated in Appendix B.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5304.03 Intermediate RiderCourse (IRC).
(a) The minimum standards for the IRC shall be as
specified in the MSF BRC RiderCoach Guide, edition 1.0, Seventh Printing (Rev.
April 2022), available as stated in Appendix B.
(b) Course subject matter for the IRC shall vary
depending upon the needs of the individual remedial students.
(c) A student shall be eligible for the IRC if
they:
(1) Have completed the BRC and passed both the
knowledge test and skills evaluation; or
(2) Have completed the entire BRC and passed the
knowledge test within the previous 12 months but has failed to pass the skills
evaluation.
(d) A student shall not be eligible for the IRC
if they have failed the BRC knowledge test.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
PART Saf-C
5305 STUDENT REGISTRATION
Saf-C 5305.01 Student Application.
(a) Each interested person applying to register
for a motorcycle rider education program course shall complete and submit DSMV
414 “Motorcycle Training Course Registration Form” (Rev. 12/24), available
either:
(1) Online at
https://www.dmv.nh.gov/sites/g/files/ehbemt416/files/inline-documents/
dsmv414.pdf;
or
(2) By mail or in person at
Division
of Motor Vehicles
ATTN:
Motorcycle Rider Training Program
23
Hazen Drive
Concord,
NH 03305
(b) By signing the form, the applicant shall
certify that the application is signed under the penalty of unsworn
falsification pursuant to RSA 641:3.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5305.02
Tuition.
(a) The department shall charge the following
tuition fees:
(1) For a BRC, $155.00 per resident student and
$205.00 per non-resident student;
(2) For an ERC, $65.00 per resident student and
$85.00 per non-resident student; and;
(3) For an IRC, $60.00 per resident student and
$80.00 per non-resident student.
(b) Pursuant to RSA 263:34-b, VI, the director
shall authorize each contractor to charge the following tuition fees:
(1) For a BRC, a maximum of $500.00 per student;
(2) For an ERC, a maximum of $250.00 per
student; and
(3) For an IRC, a maximum of $200.00 per student.
(c) Tuition fees shall be non-refundable, except
as provided in Saf-C 5305.04.
Source. #6144, eff 12-21-95; amd by #7022, eff
6-24-99; paragraphs (b) and (c) EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5305.03 Failure to Complete Course. In the event a student fails to complete a
course, the instructor shall complete and submit form DSMV 622 “Motorcycle
Rider Training Program BRC Incomplete Student Report” (Rev. 12/24) to the
department and provide a copy to the student upon request.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5305.04 Refund Procedure.
(a) Each person seeking a refund of the tuition
fee shall notify the director and the program coordinator immediately by phone
with a follow up in writing prior to the start of the course.
(b) Each person shall furnish the following in
the notification:
(1) Name;
(2) Address;
(3) Telephone number;
(4) Date of class;
(5) Driver license number; and
(6) Reason for refund request.
(d) The director or program coordinator shall
notify the person of their decision within 30 days of receipt of the request.
(e) The director or program coordinator shall
make the determination based upon:
(1) The person's reason for the refund request,
such as:
a. Illness;
b. Accident;
c. Death or illness of a family member; or
d. Any other exigent circumstance beyond the
person's control;
(2) The recommendation of the program
coordinator; and
(3) The information provided pursuant to Saf-C
5305.03, if applicable.
(f) In the event a course is cancelled as a
result of the department's action, each student scheduled for that particular
course shall be issued a refund of the tuition fee or rescheduled for another
available course.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05 (formerly Saf-C 5305.03);
ss by #10589, eff 5-14-14; ss by #14174, eff 1-17-25
PART Saf-C
5306 STUDENT REQUIREMENTS
Saf-C 5306.01 Registration. Each student enrolled in a rider education
course shall register pursuant to Saf-C 5305.01.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5306.02 Protective Gear. Each student shall wear protective gear,
including:
(a) Sturdy gloves made of leather or a heavy
weight material;
(b) Over-the-ankle boot with a heel no greater
than 2.5 inches in height;
(c) Long-sleeved shirt or jacket;
(d) Long pants made of a heavyweight material
with non-flare bottoms; and
(e) A helmet with eye protection which meets
United States department of transportation (USDOT) federal motor vehicle safety
standard 218.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5306.03 Driver License. Each student enrolled in a motorcycle rider
education program course shall:
(a) If 18 years of age or older, produce a valid
picture ID as proof of identification; or
(b) If under 18 years of age, hold a current
valid driver’s license and produce the valid driver’s license as proof of
identification.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5306.04 Waiver.
(a) Each student shall complete and submit the
“Motorcycle Safety Course Waiver & Indemnification” form DSMV 624 (Rev.
12/24) and the “Student Information” form DSMV 623 (Rev. 12/24) at the
beginning of the class.
(b) The student shall sign and print their name
and date the waiver. If the student is under 18 years of age, the
parent or legal guardian shall disclose their relationship to the student and
sign and date the waiver.
(c) The waiver shall release and indemnify the
department and MSF from any liability for injuries to persons or property
caused by the negligence of the student or any other person or entity.
(d) By signing the DSMV 623 form, the student
shall certify that the information they provided on the form was complete and
true to the best of their knowledge and that they have been informed of and
accept all course requirements and policies.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
PART Saf-C
5307 STUDENT CERTIFICATION
Saf-C 5307.01 Certificate of Completion.
(a) The director or designee shall issue each
student who successfully completes the requirements of a motorcycle rider
education program course a certificate of completion on DSMV 391, “Motorcycle
Safety Foundation Basic Rider Course Completion Card,” (rev. 03/22) or DSMV
391A, “Experienced Rider Course,” (rev. 12/24), as applicable.
(b) Pursuant to RSA 263:34-h, a person shall be
exempt from the licensing skills evaluation required for a motorcycle
operator's license or endorsement if:
(1) They present to the director a certificate of
completion; and
(2) The certificate of completion was completed
less than one year from the date of request of the exemption.
(c) The director shall accept the recognized MSF
completion certificate in lieu of issuing a certificate of completion for each
student who successfully passes one of the following out of state programs:
(1) Any state-approved motorcycle rider education
program which consists of both classroom and riding segments; or
(2) Any nationally certified motorcycle rider
education program approved by the director.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
PART Saf-C
5308 MOTORCYCLES
Saf-C 5308.01 Qualifications.
(a) Each student enrolled in an ERC shall use their own motorcycle.
(b) Each student enrolled in an ERC pursuant to
(a) above shall be responsible for the safety of their own motorcycle.
(c) No moped or off-road motorcycle shall be used
by a student in the motorcycle rider education program course or instructor
preparation course.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5308.02 Daily Inspection.
(a) The
instructor shall inspect every motorcycle before each course begins.
(b) Any motorcycle, including those utilized in
an ERC pursuant to Saf-C 5308.01, determined to be out-of-service by the
instructor shall not be operated until repairs are made.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
PART Saf-C
5309 FUND ADMINISTRATION
Saf-C 5309.01 Responsibilities of the Program
Coordinator. The program coordinator
shall:
(a) Manage disbursement from the fund as follows:
(1) Prepare an annual budget for the fund; and
(2) Submit contracts to the director for
approval; and
(b) Report on an annual basis to the director the
amounts disbursed for:
(1) Registration process;
(2) Site rental;
(3) Storage containers;
(4) Promotion;
(5) Instructor training;
(6) Motorcycles and helmets;
(7) Motorcycle maintenance; and
(8) Program teaching aids and equipment.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
Saf-C 5309.02 Record Keeping and Reporting Procedures.
(a) The program coordinator shall maintain the
following records:
(1) A list of all students enrolled in each
class;
(2) Student skills and written evaluation scores;
and
(3) Contract payment or wages for chief
instructors, instructors, and range aides.
(b) All records shall be maintained for a period
of 5 years.
Source. #6144, eff 12-21-95, EXPIRED: 12-21-03
New. #8403, eff 8-2-05; ss by #10589, eff 5-14-14;
ss by #14174, eff 1-17-25
APPENDIX
A
|
RULE |
STATUTE IMPLEMENTED |
|
Saf-C 5301.01-5301.06 |
RSA 541-A:7 |
|
Saf-C 5301.07 |
RSA 259:19 |
|
Saf-C 5301.08 |
RSA 259:20 |
|
Saf-C 5301.09-5301.10 |
RSA 541-A:7 |
|
Saf-C 5301.11 |
RSA 263:34-a, II |
|
Saf-C 5301.12-5301.15 |
RSA 541-A:7 |
|
Saf-C 5301.16 |
RSA 259:57 |
|
Saf-C 5301.17 |
RSA 259:63 |
|
Saf-C 5301.18 |
RSA 263:34-a, III |
|
Saf-C 5301.19 |
RSA 541-A:7; RSA
215-A:1, XIV |
|
Saf-C 5301.20-5301.21 |
RSA 541-A:7 |
|
Saf-C 5301.22 |
RSA 541-A:7; RSA 263:34-a, IV |
|
Saf-C 5301.23-5301.25 |
RSA 541-A:7 |
|
Saf-C 5301.26 |
RSA 259:88 |
|
Saf-C 5301.27-5301.30 |
RSA 541-A:7 |
|
Saf-C 5302.01-5302.06 |
RSA 263:34-c, VI, VII; RSA 263:34-d |
|
Saf-C 5303.01-5303.03 |
RSA 263:34-c, II |
|
Saf-C 5304.01-5304.03 |
RSA 263:34-b, I, III; RSA 263:34-c, I,
III |
|
Saf-C 5305.01-5305.04 |
RSA 263:34-b, III, VI; RSA 263:34-c, II,
III, V |
|
Saf-C 5305.02(a) |
RSA 263:34-a through i |
|
Saf-C 5306.01-5306.04 |
RSA 263:34-b, III, IV; RSA 263:34-c, I,
II,III |
|
Saf-C 5307.01 |
RSA 263:34-b, V; RSA 263:34-c, IV, X;
RSA 263:34-h |
|
Saf-C 5308.01-5308.02 |
RSA 263:34-b, III; RSA 263:34-c, III |
|
Saf-C 5309.01-5309.02 |
RSA 263:34-b, II; RSA 263:34-c, II,
VIII, IX; RSA 263:34-e |
APPENDIX B
|
Rule |
Title |
Obtain
at: |
|
Saf-C
5304.01; Saf-C
5304.03 |
BRC
RiderCoach Guide, Edition 1.0, Seventh Printing, (Rev). April 2022 |
Communications
Department Motorcycle
Safety Foundation 2
Jenner Street, Suite 150 Irvine, CA 92618-3806 Telephone
Orders: (949) 727-3227 x3079 Web
Site: www.msf-usa.org |
|
Saf-C
5304.02 |
MSF
Basic RiderCourse 2 RiderCoach Guide, Edition 1.0, First Printing, March 2015 |
Communications
Department Motorcycle
Safety Foundation 2
Jenner Street, Suite 150 Irvine, CA 92618-3806 Telephone
Orders: (949) 727-3227 x3079 Web
Site: www.msf-usa.org |