Maine Revised Statutes

§1352. Motorcycle rider education

1. Motorcycle rider education required.  Notwithstanding any other provision of law, a motorcycle learner's permit, license or endorsement may not be issued to a person, unless that person presents a certificate of successful completion of a motorcycle rider education course and examination approved by the Secretary of State.
[ 2017, c. 229, §23 (AMD) .]
2. Education course.  The following provisions apply to motorcycle rider education courses.
A. A motorcycle rider education course must consist of classroom and hands-on instruction directly related to the actual operation of motorcycles, emphasizing safety measures designed to ensure greater awareness of careful and skillful operation of motorcycles. [2017, c. 229, §23 (AMD).]
B. The course may be offered by a public secondary school, a private secondary school approved for attendance purposes by the Commissioner of Education, a career and technical education center or career and technical education region or adult education program conducted under Title 20-A, chapter 316. [2017, c. 229, §23 (AMD).]
C. A motorcycle course offered independently of an approved driver education course may not be offered for credit toward a high school diploma. [2017, c. 229, §23 (AMD).]
D. [2015, c. 473, §16 (RP).]
E. The Secretary of State must approve a motorcycle rider education course. [2017, c. 229, §23 (AMD).]
[ 2017, c. 229, §23 (AMD) .]
3. Instructors.  The following provisions apply to the licensing of instructors.
A. A person may not conduct a motorcycle rider education course unless licensed by the Secretary of State as a qualified instructor. [2017, c. 229, §23 (AMD).]
B. The Secretary of State shall:
(1) Conduct, or authorize other qualified persons to conduct, instructor preparation courses; and
(2) Establish reasonable qualification standards and requirements for licensing. The requirements must include a provision to demonstrate proficiency in operating a motorcycle. [2017, c. 229, §23 (AMD).]
C. [1995, c. 505, §22 (AFF); 1995, c. 505, §14 (RP).]
[ 2017, c. 229, §23 (AMD) .]
4. Instructor availability.  When a licensed instructor is not available in a geographic area, the Secretary of State may assign a qualified instructor for the course subject to the following provisions.
A. The requesting authority must ensure a minimum class size of 6 students. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. The Secretary of State shall charge a course fee comparable to other motorcycle rider education courses. [2017, c. 229, §23 (AMD).]
C. An instructor is not a "teacher" within the meaning of Title 5, section 17001, subsection 42 or Title 20-A. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 2017, c. 229, §23 (AMD) .]
5. Completion certificates.  An instructor shall issue a completion certificate to a student who has successfully completed the course.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
6. Waiver of examination.  The Secretary of State may waive the required:
A. Written examination on receipt of a completion certificate; and [1999, c. 470, §21 (NEW).]
B. Road examination on receipt of a certificate demonstrating successful completion of a novice rider course approved by the Secretary of State. An endorsement issued pursuant to this paragraph prohibits the holder from carrying a passenger for a period of 60 days following the date of issuance of the endorsement. [2017, c. 229, §23 (AMD).]
[ 2017, c. 229, §23 (AMD) .]
7. Suspension and revocation.  The Secretary of State may suspend, revoke or deny a certificate of completion or an instructor's license for just cause in accordance with the Maine Administrative Procedure Act.
[ 2017, c. 229, §23 (AMD) .]
SECTION HISTORY
1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §B14 (AMD). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 505, §14 (AMD). 1995, c. 505, §22 (AFF). 1997, c. 776, §38 (AMD). 1999, c. 470, §21 (AMD). 2001, c. 671, §26 (AMD). 2003, c. 545, §5 (REV). 2005, c. 411, §1 (AMD). 2005, c. 577, §§20,21 (AMD). 2007, c. 383, §23 (AMD). 2013, c. 381, Pt. B, §§18, 19 (AMD). 2015, c. 473, §§15, 16 (AMD). 2017, c. 229, §23 (AMD).