§ 31-10.1-1.2 - Approved motorcycle rider education program.

SECTION 31-10.1-1.2

   § 31-10.1-1.2  Approved motorcycle ridereducation program. – (a) The board of governors for higher education and/or the Community College ofRhode Island may certify motorcycle dealers engaged in selling motorcycles oran association engaged in motorcycle safety to provide motorcycle drivereducation courses in the state if the curriculum used during the course ofinstruction is certified by the Motorcycle Safety Foundation, or other programsapproved by the board and/or the Community College of Rhode Island.

   (b) The course shall provide students with a minimum ofsixteen and a half (16 1/2) hours of combined classroom instruction, and on therange motorcycle training for a beginner rider course, and a minimum of five(5) hours for a licensed rider course.

   (c) In order for an instructor to teach in a motorcycle ridereducation program in the state, the person shall meet all of the followingrequirements:

   (1) Must be twenty-one (21) years of age or older, and mustpossess a valid drivers license recognized by the state of Rhode Island for atleast three (3) consecutive years;

   (2) Possess a high school diploma or GED;

   (3) Must be certified by the Motorcycle Safety Foundation asan instructor;

   (4) Must be licensed to teach motorcycle training in thestate of Rhode Island;

   (5) An instructor has not had more than one moving trafficviolation within one year prior to obtaining certification; not more than two(2) moving violations within a three (3) year period prior to licensure as amotorcycle rider education instructor; and not more than three (3) movingviolations within a five (5) year period prior to licensure as a motorcyclerider education instructor;

   (6) An instructor has not had their driving privilegessuspended or revoked in the five (5) preceding years prior to obtainingcertification by the state of Rhode Island;

   (7) An instructor has no driving under the influence ofalcohol or drug convictions within ten (10) years prior to obtainingcertification by the state of Rhode Island as a motorcycle rider educationinstructor;

   (8) Must successfully pass a criminal background check by thedepartment;

   (9) For out of state instructors, the person must provide thedepartment with a certified copy of their driving record from the previous five(5) years.

   (d) Class sizes shall not exceed twenty-four (24) students inthe classroom, and twelve (12) on the range during instruction.

   (e) A student, unless specified under § 31-10.1-2, whosuccessfully completes a department approved motorcycle rider educationprogram's skills and written test requirements, shall be deemed compliant with§ 31-10.1-1.1 and exempted from the road test under § 31-10.1-3provided the student passes a written, vision and road sign examination at adepartment licensing facility. In order to take the written, vision and roadsign examination under § 31-10.1-3 the student shall bring theirMotorcycle Safety Foundation completion card and a road test waiver formprovided by the rider education program where the course was successfullycompleted. The road test waiver form shall include the following:

   (1) Student's full name, as written on their valid driverslicense;

   (2) Motorcycle Safety Foundations' Basic Rider CourseCompletion Card number;

   (3) Course completion date;

   (4) Dealership or association name;

   (5) Dealership or association contact name;

   (6) MSF Rider Education Recognition Program number, orequivalent;

   (7) Instructor's name, signature and Motorcycle SafetyFoundation number or an identifier from any other program approved by the boardand/or the Community College of Rhode Island instructor number.

   (f) The department or the Community College of Rhode Islandhas the right to inspect ranges to ensure they fulfill the Motorcycle SafetyFoundation's range standards for motorcycle training. The department shall havethe right to inspect the courses authorized under this section at any time. Theentity providing the motorcycle rider education program shall maintain recordsfor a minimum of two (2) years, including those who participated in the class,those who successfully completed the class, and those individuals who failedany portion of the class.

   (g) No state subsidies shall be provided to a dealer orassociation for operating a motorcycle driver education program under thissection.

   (h) The state of Rhode Island shall not be liable for anyacts or omissions on the part of motorcycle dealers and/or associations in theimplementation of the motorcycle rider education program pursuant to thissection.

   (i) Each dealership and/or association seeking to provide amotorcycle driver education course under this chapter shall pay an applicationfee of seven hundred and fifty dollars ($750) and a yearly renewal fee of onehundred dollars ($100) to the office of higher education for the purpose ofprogram oversight.