Qualification Requirements and Terms of Certification for Driving Instructors

(1) Certification Requirement. (a) No person shall give instruction for hire in the operation of a motor vehicle unless certified by the Registrar in accordance with M.G.L. c. 90, § 32G or § 32G½ (as applicable) and 540 CMR 23.00. (b) Certification as an instructor is not required for persons who engage in instructional activities solely as agents, employees or contractors of the Registry of Motor Vehicles. (2) General Qualifications for All Certified Driving Instructors. In addition to the conditions specified in M.G.L. c. 90, § 32G and § 32G½, an applicant for an instructor’s certificate must satisfy the following requirements. Unless otherwise specified, the requirements apply to both the initial certificate and any renewal certificate. (a) Application. An applicant must complete and submit an application for an instructor’s certificate in a form prescribed by the Registrar and pay the required non-refundable fee. (b) Criminal Record Check. An applicant shall be subject to a criminal record check, and shall be rejected if he or she has been convicted of the crimes or has engaged in the conduct proscribed by either M.G.L. c. 90, § 32G or § 32G½. (c) Driving Record Check. An applicant shall be subject to a check of his or her driving record. No instructor’s certificate shall be issued or remain in effect if an applicant or certificate holder’s driver’s license or right to operate a motor vehicle is suspended or revoked in Massachusetts or in any other jurisdiction. (d) Driving Experience. An applicant shall be at least 21 years old and have at least 24 months operating experience in the license classification for which the certificate is desired. Experience gained solely under a learner’s permit does not qualify toward the 24-month minimum. An applicant who is not a legal resident of the Commonwealth but who holds a valid operator’s license issued by his or her state of legal residence may apply for an instructor’s certificate, subject to the terms and conditions of the reciprocal licensing agreement between the Commonwealth and the state of legal residence. (e) Lawful Presence. An applicant shall establish lawful presence in the United States, as defined in M.G.L. c. 90, § 1, for the entire period to be covered by the certificate. (3) Specific Qualification Requirements for Certified Driving Instructors. (a) Professional Driving Instructors. 1. Instructor Training Program. An applicant shall submit documentation that he or she has successfully completed a driving instructor training program suitable for the type of instruction he or she intends to provide, which conforms to the guidelines established by the Registrar for such programs. 2. Examination. An applicant must pass the written driving instructor examination for professional driver education administered by the Registrar. 3. Department of Education (DOE) Requirement for Commercial Driver Licenses. Applicants shall comply with any applicable DOE requirements prior to engaging in instructional activity. (b) Driver Skills Development Program Instructors. 1. An applicant for certification must have at least one year of experience as an instructor for an existing Driver Skills Development Program that has been training students in Massachusetts or another state’s recognized program; or 2. An applicant for certification must have at least one year of experience as an instructor for a Professional Driving School and proof that he or she has acquired the skills necessary to instruct a Driver Skills Development Program; or 3. An applicant for certification must be sponsored by an existing Driver Skills Development Program and complete the following training program: a. Completion of the DSDP as a student; b. Completion of at least three Driver Skills Development Programs as an observer in the back seat of a vehicle, during an actual driver training course, while a certified instructor supervised the student operating the vehicle, and the applicant attended the classroom instruction for such sessions; c. Completion of at least three in-vehicle Driver Skills Development Programs as a student-instructor with a certified instructor in the vehicle monitoring the applicant’s performance; and d. Completion of at least three Driver Skills Development Programs in-vehicle as the primary instructor while under the supervision of a certified instructor not in the vehicle. e. The Principal Administrator must vouch for the appropriateness of this applicant to provide Driver Skills Development Programs. (4) Terms of Certification. (a) Renewal of Certification. Each instructor shall renew his certificate annually submitting a renewal application on a form prescribed by the Registrar and the required non-refundable fee. (b) Continuing Education/Recertification. The Registrar may require the completion of continuing education or updated competency examinations for any driver education instructor. The Registrar shall identify the programs that will be recognized for such purposes. The Registrar may also require recertification of an instructor if there is a reasonable basis to suspect that the person no longer meets the qualifications required of a driving school instructor. (c) Duty to Notify of Conviction or License Suspension or Revocation. An applicant or certified instructor shall notify the Registrar of any criminal conviction or arrest for a crime of moral turpitude within three days of such conviction or arrest. An applicant or certified instructor shall notify the Registrar immediately upon the suspension or revocation of his or her license or right to operate in Massachusetts or any jurisdiction. Such notification shall be made in writing to the Director of Vehicle Safety and Compliance Services at the Registry of Motor Vehicles. (d) Change in Name or Address. Each instructor must notify the Registrar within 30 days of any change in name or address. (5) Denial or Revocation of Certificate. The Registrar may refuse to issue certification to an individual, and may revoke or suspend a certification already issued, for good cause. Good cause includes, but is not limited to, evidence that: (a) The applicant, or applicant’s sponsor or employer, has made a material false statement or concealed a material fact in connection with a certification application; (b) The applicant has been the holder of a driving school or driving school instructor’s license issued pursuant to either M.G.L. c. 90, § 32G or § 32G½ that was revoked or suspended by the Registrar; (c) The applicant has been convicted of a felony, or any crime involving violence, fraud, perjury, dishonesty, deceit, indecency, degeneracy, or moral turpitude; (d) The applicant has failed to furnish satisfactory evidence of good character, reputation or fitness; or (e) The applicant has an Unsatisfactory Driving Record as defined in 540 CMR 23.02. (6) Suspension of Certificate. When the Registrar receives notice that the holder of a driving instructor's certificate has been criminally charged with an offense involving a threat to the public safety, or has been the subject of a report to the Department of Children and Families pursuant to M.G.L. c. 119, § 51A, the Registrar shall immediately suspend such certificate(s) pending the resolution of said proceedings. The Registrar shall not restore said certificate(s) unless the M.G.L. c. 119, § 51A report is dismissed or any criminal prosecution has terminated in the defendant's favor.