HAR §19-139-10. General provisions

(a) No person shall be certified as a driver education 139-6 2709 §19-139-10 or behind-the-wheel driving instructor unless the applicant satisfies the following conditions: (1) Possesses a valid Hawaii driver's license with the classification and endorsements required for operation of the class and type of motor vehicle used in driver education; (2) Has successfully completed a training course certified, or subsequently certified, by the department in subchapter 5. Instructors who have been certified by the department of education within five years prior to 12/2/00, will be considered to have successfully completed a department certified course; (3) Subject to section 19-139-13(h), applicant has not had more than one moving traffic violation within one year prior to obtaining certification; not more than two moving traffic violations within three years prior to obtaining certification; and not more than three moving traffic violations within five years prior to obtaining certification; (4) Has no driving under the influence of alcohol or drugs conviction within five years prior to obtaining certification; (5) Has no driver's license suspension, revocation, cancellation, or disqualification within three years prior to obtaining certification; (6) Is at least twenty-one years of age and possesses the equivalent of a high school diploma; (7) Has had a valid driver's license recognized by the State of Hawaii for at least five consecutive years prior to obtaining certification; 139-7 2709 §19-139-10 (8) Meets the requirements of subchapter 3, provided that "applicants" and "employees" and "persons who have been employed continuously by the department of education on a salary basis prior to July 1, 1990" as defined in chapter 8-7, Hawaii Administrative Rules, may meet this requirement by complying with chapter 8-7, Hawaii Administrative Rules. At the expiration of the chapter 8-7 certification, "applicants" and "employees" as defined in chapter 8-7, Hawaii Administrative Rules, must recertify according to subchapter 3; and (9) Has effective communication skills; is capable of assessing and observing appropriate student behavior; is capable of engaging students in meaningful driver education activities; and models positive driving behaviors. (b) Application for instructor certification shall be made on a form supplied by the department which shall require the following information and attachments: (1) Full name, residence and business address(es), telephone and fax number(s), and email address (if any); (2) A copy of original Social Security card; (3) A certified copy of the applicant's birth certificate; (4) A copy of the person's: (A) Driver's license; (B) High school diploma or equivalent; and (C) Driver education instructor certificate; (5) An original traffic abstract; (6) Proof of insurance in the amounts 139-8 §19-139-10 described in sections 19-139-13(g) and 19-139-16; (7) A certified or sealed copy of a Hawaii criminal history record check showing convictions, and proof of application for a FBI criminal history record check as defined in subchapter 3; (8) A statement agreeing to indemnify, defend, and hold harmless the department and the county from liability resulting from the instructor's teaching of driver's education or behind-the-wheel driving courses; (9) Employment history for the ten years prior to the date of the application, with names, addresses, and telephone numbers of current and former employers that are listed; (10) State general excise tax number and tax clearance; (11) Two 2" x 2" photos; (12) A sworn statement indicating: (A) Whether the person ever had a teaching certificate or other professional license revoked or not renewed; (B) Whether the person within the past ten years was suspended, fired, asked to resign from employment, or separated from military service under conditions other than honorable; (C) Whether the person had been convicted of a crime, other than a minor traffic offense involving a fine of $50 or less; (D) Whether the person had been diagnosed as having a mental or emotional condition which may 139-9 2209 §19-139-10 affect the person's ability to responsibly manage, supervise, control, and interact with children; (E) A detailed explanation for each of the items in clauses (A) through (E) when applicable; and (F) Names, addresses and phone numbers of at least five persons who can attest to the good character of the applicant. [Eff (Auth: HRS §286-108.4) (Imp: HRS §286-108.4) §19-139-11 Certification courses for instructors. All applicants for certification as instructors must complete a course in driver education and behind-the-wheel teaching methods that has been certified, or subsequently certified, by the department: (1) Courses that are offered by the University of Hawaii to certify driver education instructors for the department of education are pre- approved to meet the requirements of this section. (2) The curricula of other instructor training courses shall be submitted to the department for review and certification by a task force established by the department and certification by the director, as provided in subchapter 5. [Eff (Auth: HRS §286- 108.4) (Imp: HRS §286-108.4) §19-139-12 Duties and responsibilities of driver education instructors and other providers. 139-10 §19-139-12 The duties and responsibilities of driver education instructors and other providers shall be as follows: (1) Conduct instruction in accordance with the requirements of this chapter; (2) Maintain records of all students taught for five years. Each record shall include: (A) Student's complete name, address and birth date; (B) Student's permit or driver license number with the jurisdiction that issued the license, if applicable; (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 received by the driver education instructor or provided prior to the issuance of the behind-the-wheel student completion certificate, stating that the applicant has completed forty hours of daytime driving and ten hours of nighttime driving supervised by a licensed driver over the age of eighteen. Applicants for a Class 1 or 2 license are exempt from the ten hours of nighttime supervised driving; (3) Issue a driver education student completion certificate or behind-the-wheel student completion certificate or both when all requirements of this chapter have been successfully 139-11 2709 §19-139-12 completed; (4) Be in full compliance with all department rules; and (5) 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 driver education instructor certificate as required in section 19-139-15. (b) The duties and responsibilities of driver education instructors shall also be as follows: (1) Participate in professional development courses, including driver education courses, workshops, seminars; (2) Notify the department of any changes that would disqualify them from meeting the requirements of section 19-139-10. Failure to do so shall result in termination of the driver education instructor certificate as required in section 19-139-15; and (3) Utilize a vehicle for behind-the-wheel training that meets the requirements of section 19-139-16. [Eff MAY 18 2006 ] (Auth: HRS §286-108.4) (Imp: HRS §286-108.4)