HAR §19-123-152. Duties and responsibilities of rider education instructors

(a) The duties and responsibilities of rider education instructors shall be as follows: (1) Conduct instruction in accordance with the requirements of this chapter; (2) Provide records of all students taught for five years to site or agency for recordkeeping. Each record shall include: (A) Student's complete name, address, and birth date; (B) Student's permit or driver license number; (C) Dates the student took and completed the course and attendance record; (D) A copy of the written contract, if applicable, with any person being taught, including amounts charged for the course(s); and (E) A notarized statement from a parent or guardian, if the student is less than eighteen years of age, received by the rider education instructor prior to the issuance of the rider education student completion certificate, stating that the applicant has completed forty hours of daytime riding observed by a licensed driver over the age of eighteen; (3) Issue a rider education student completion certificate, as appropriate, when all 123-10 3576 §19-123-152 requirements of this chapter have been successfully completed; (4) If qualified as described in section 19-123-351, issue a motorcycle skills test certificate for waiver to all students who successfully complete and pass a rider education course that meets the requirements established for license test waivers in section 286-108(a), of the Hawaii Revised Statutes; (5) Be in full compliance with all department rules; (6) Cooperate fully with the department in the investigation of any complaint relating to their certification as an instructor under this chapter. Failure to do so will result in the termination of the rider education instructor certificate pursuant to section 19-123-155; and (7) Notify the department of any changes that would disqualify them from meeting the requirements of this chapter. Failure to do so shall result in termination of the rider education instructor certificate pursuant to section 19-123-155. (b) The duties and responsibilities of rider education instructors shall also be as follows: (1) Exhibit a professional appearance and conduct in personal riding habits, both on the rider training range, and on the street, while always observing the rules of the road; (2) Wear the proper riding apparel, as weather, time of day, and riding conditions may dictate, including as a minimum, a U.S. Department of Transportation approved helmet, eye protection, long pants, long-sleeved shirt or jacket of sturdy material, leather or sturdy equivalent over-the-ankle boots and full-fingered leather or sturdy equivalent gloves; (3) Operate a motorcycle on a regular basis to maintain a high level of riding proficiency, 123-11 3576 §19-123-153 thereby enabling the instructor to correctly demonstrate all range exercises; (4) Be capable of successfully passing motorcycle rider skills evaluations; (5) Maintain a high degree of proficiency in evaluating and coaching student abilities and correcting technique errors; (6) Maintain the safest possible learning environment for students; (7) Maintain a current and up-to-date working knowledge of the latest methods and techniques pertaining to rider education, training and curriculum; motor vehicle laws specifically as they relate to motorcycles, mopeds and motor scooters; and changes in the industry relating to design and safety, protective riding apparel and accessories; (8) Successfully complete an instructor update or refresher course relating to rider education at least once every two years that meets or exceeds nationally recognized standards; and (9) Teach a minimum of three rider education courses each year. [Eff 3/4/02; am and comp JAN 13 2025 ] (Auth: HRS §§286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS §§286-18, 286-108, 286-108.4, 431-10G-104) ### §19-123-153 Rider education instructor certificate. (a) A rider education instructor certificate will be issued authorizing the instructor to conduct rider education courses. (b) The rider education instructor certificate will be granted upon satisfactory completion of a training course certified, or subsequently certified, under section 19-123-151 and when all requirements in section 19-123-150, have been met. (c) The rider education instructor certificate shall be non-transferable. (d) Subject to subsection (h), the rider education instructor certificate is renewable annually 123-12 3570 §19-123-153 for four years with the submittal of a traffic abstract that records no more than one moving traffic violation within the past year, not more than two moving traffic violations within the past three years; and not more than three moving violations within the past five years; a state tax clearance (if required); completion of a professional development course approved by the department, and proof of general liability and liability insurance. Proof of general liability and liability insurance shall not be provided if instructor is employed by either a self-insured State or county agency already subscribed to the amounts described at sections 19-123-153(g) and 19-123-156. (e) Every fifth year, the certificate will be renewed: (1) Upon completion of all requirements, in section 19-123-150, with the exception of sections 19-123-150(b)(2),(3),(4), and (11); and (2) Upon completion of a professional development course approved by the department. (f) It is the responsibility of the certificate holder to initiate the renewal process. (g) The instructor shall provide the department a certificate of liability insurance covering commercial general liability in the sum of one million dollars, in a form and with provisions satisfactory to the department, listing the State of Hawaii and the counties of the State as additional insureds. A certificate of liability insurance shall not be provided if the instructor is employed by either a self-insured State or county agency already subscribed to the amounts described at sections 19-123-153(g) and 19-123-156. (h) If a certified instructor receives: (1) One moving traffic violation in one year, the instructor shall be sent a warning letter by the department; (2) If the instructor receives two moving traffic violations within three years, the instructor's certificate shall be suspended for three months; 123-13 3576 §19-123-155 (3) If the instructor receives three moving traffic violations within five years, the instructor's certificate shall be suspended for six months; and (4) If the instructor receives four moving traffic violations within ten years, the instructor's certificate shall be terminated. [Eff 3/4/02; am and comp JAN 13 2025] (Auth: HRS §§286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS §§286-18, 286-108, 286-108.4, 431-10G-104)