This chapter establishes the minimum requirements and procedures for the approval and operation of motorcycle safety training centers as authorized under Transportation Article, §16-604, Annotated Code of Maryland. This chapter applies to all motorcycle safety training centers as defined under Transportation Article, §16-601, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Course registration fee” means the total fee paid by an individual to participate in Administration approved motorcycle safety courses. “Curriculum provider” means an organization approved by the MVA with an expertise in motorcycle rider training such as the Motorcycle Safety Foundation. “Instructor” means an individual approved by the Administration to teach the classroom and range sessions of Administration approved motorcycle safety courses at training centers. “Instructor trainer” means an individual trained and approved by the Administration to conduct approved instructor certification courses. “Motorcycle safety course” means a series of instructional units approved by the Administration to teach individuals to operate a motorcycle on public roadways. “Training center” means a facility that has met the Administration's requirements for conducting approved motorcycle safety courses. “Training center coordinator” means an individual responsible for the day-to-day operations of a training center. “Training center operator” means an individual, partnership, company, corporation, educational institution, or government entity that is approved by the Administration to operate a training center. “Training motorcycle” means a motorcycle approved by the Administration for use in approved motorcycle safety courses. As authorized under Transportation Article, §16-603, Annotated Code of Maryland, the Administration may organize and operate training centers, including a mobile training center. As authorized under Transportation Article, 16-601 and 16-603, Annotated Code of Maryland, the Administration shall approve and designate the operator of an independent training center. A State or community college, State university, an agency of a political subdivision, or any other organization or person that is a resident of the State, as defined under Transportation Article, §11-149, Annotated Code of Maryland, may be approved and designated to operate an independent training center. Individuals applying for approval to operate an independent training center shall have the following minimum qualifications: Be at least 21 years old; Have a high school certificate of graduation or equivalent; and Have not been convicted of a crime of moral turpitude unless satisfactory rehabilitation has taken place. Approval to operate an independent training center may be obtained by submitting an application to the Administration in the form required by the Administration. In addition to the information required to be entered upon the application, the application shall be accompanied by all of the following: Written evidence acceptable to the Administration from the local zoning authorities, departments of health, sanitation, and fire inspection that the area designated for use as the independent training center is in compliance with all necessary zoning, health, sanitation, and fire codes; A schedule of the planned courses that includes tentative dates and time periods; A list that includes the full name and identification numbers of Administration approved instructors who have agreed to teach the scheduled courses; and Copies of insurance certificates verifying appropriate coverage for liability, property damage, and workers' compensation required by Regulation .07 of this chapter. The application shall be signed and certified by an authorized representative of the company, corporation, educational institution, or government entity making application. The Administration shall award and terminate contracts to use a facility as a training center according to COMAR Title 21. The contract shall be in the format prescribed by the Administration and may not exceed a term of 24 months. Upon termination of a contract, the operator of the independent training center shall return to the Administration all remaining equipment and unused materials provided through the contract. Upon receipt of the application for the awarding of a contract, and when satisfied that the independent training center qualifies, the Administration may award a contract to the independent training center. If an operator intends to terminate the operation of the independent training center for which a contract was issued, the operator shall notify the Administration, in writing, a minimum of 30 days before the planned termination date. The Administration may terminate the contract if the operator violates the regulations, policies, or procedures governing the operation of an independent training center. Before a decision to terminate the contract, the Administration may schedule a hearing with the operator to review any complaints or violations, or both. Immediately upon termination of the contract, the operator of the independent training center shall surrender to the Administration the independent training center's student records and fees paid by students pertaining to the operation of the independent training center, and all unused funds provided through an Administration contract. The operator of an independent training center shall obtain insurance coverage, in an amount required by the Administration, written by a Maryland licensed insurance company that includes, but is not limited to, the following insurance coverage for the students and instructors, and the training center equipment and facilities: Workers’ compensation; and General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction. The required insurance coverage shall be maintained for the entire term of the contract. The operator of the independent training center shall immediately inform the Administration of any changes in this insurance coverage. An independent training center's location and facilities shall be approved by the Administration before awarding a contract. An independent training center's facilities shall include but are not limited to: An office area; A classroom, if required by the curriculum; A range area; and A storage area for the training motorcycles, equipment, and materials. A business office of a training center shall: Be its principal place of business having a legal Maryland address; Comply with all State and local building, zoning, fire, and safety regulations, codes, and standards for use as a business office; Be equipped with: A telephone with either voicemail or an answering machine; and A computer with email access; Clearly identify and display the training center’s name on an exterior sign, a lobby listing, or interior door sign; Be open for business to the public and open for inspection by the Administration during posted business hours; and Be clean, orderly, and suitable for conducting business. An independent training center’s business office shall be inspected and approved by the Administration before opening. An independent training center’s business office being relocated within the same building or being moved to a different site shall be inspected and approved by the Administration before being used by the training center as a business office. The following shall be prominently displayed in the training center business office: Office hours; Fees for courses and remedial or additional training; Procedure for obtaining refunds from the training center; and Procedures for filing complaints about the training center with the Administration. An office shall be in a permanent building at a fixed location with a legal business address. A portable structure, pre-engineered building, or mobile home is a permanent building if it: Is installed on a permanent foundation with conventional utility hookups; and Has been approved by the Administration. If the physical design of a building requires that the classroom and adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session. Classrooms, if required by the curriculum, shall be inspected and approved by the Administration before being used for instruction. A classroom shall: Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address; Comply with all State and local building, zoning, fire, and safety regulations, codes, and standards, for use as a classroom, including an up-to-date posted certificate identifying the maximum occupant capacity for all classrooms used for instruction or to administer tests; Meet the Americans with Disabilities Act (ADA) requirements; Have adequate student seating and writing surfaces, an instructor’s desk or podium, and room for storage of materials; Have heating, ventilation, and air-conditioning systems in good repair that keep students comfortable while classroom sessions are being conducted; Be clean, orderly, and suitable for conducting instruction; and Be free from visible or audible activities other than instructional activities. A portable structure, pre-engineered building, or mobile home is a permanent building if it: Is installed on a permanent foundation with conventional utility hookups; and Has been approved by the Administration. A classroom being relocated within the same building and a classroom being moved to a different site shall be inspected and approved by the Administration before being used for instruction. If the physical design of the building requires that a classroom and an adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session. The range area shall meet the requirements of the curriculum provider, which include but are not limited to: A paved area that is as flat and level as possible; Free from traffic and parked motor vehicles when courses are in session; Free from surface hazards or obstacles that may interfere with the riding exercises, or create an unsafe condition for the students or instructors; Large enough to set up and paint down the required riding exercises specified in the approved curriculums; and Near adequate restroom facilities for men and women. The range shall be equipped with: An approved Class A-B-C fire extinguisher; A minimum of number of cones as specified in the curriculum; An Occupational Safety and Health Administration approved first aid kit; A minimum of one training motorcycle per participating student in a course and one spare training motorcycle for each six students participating in the range portions of the course; A supply of gasoline, oil, and tools to operate and maintain the training motorcycles; A minimum of two stop watches; A supply of drinking water for the course participants; and Equipment and supplies to remove debris and, if necessary, standing water from the range area. The storage area shall: Comply with required fire safety codes and standards; Be large enough to store all the training motorcycles and equipment; and Provide reasonable security for the motorcycles and equipment against theft and vandalism, and protection from the weather. The operator of a training center shall employ an individual to serve as a training center coordinator who shall be responsible for the day-to-day management of the training center. The training center coordinator shall be responsible for maintaining the required records and have signature authority to sign documents submitted to the Administration. The training center coordinator shall participate in all training sessions and meetings required by the Administration for training center coordinators. The operator of a training center shall: Employ instructors approved by the Administration to teach the approved motorcycle safety courses; and Keep records of the credentials of the instructors working for them. Student to Instructor Ratio. The maximum student to instructor ratio for the classroom sessions is as set forth in the training center contract. The maximum student to instructor ratio for the range sessions in a course is as set forth in the training center contract. Only instructors approved by the Administration shall be assigned responsibility for instructional and student supervision activities during a course. The Administration shall approve and designate the curriculums to be used in the motorcycle safety courses offered by the training centers. The training centers shall use Administration approved and designated curriculums for all approved motorcycle safety courses. Training Curriculums. The approved and designated curriculums shall include classroom and range sessions taught in the sequence designated by the Administration. The range sessions shall include motorcycle riding exercises that each student enrolled in the course shall complete. The curriculums shall specify the minimum amount of time each student shall complete in the classroom sessions and in the range sessions riding a motorcycle, and the minimum performance test scores for successfully completing the courses. The Administration shall approve and designate curriculums for training beginning and experienced riders. The Administration approved and designated curriculums shall include but not be limited to: Information on rules of the road, laws of this State, protective clothing, basic maneuvers and riding skills, driving strategies, normal traffic situations, and emergency situations; Motorcycle riding exercises that permit the students to practice clutch/throttle control, straight line riding, shifting, turning, stopping, evasive actions, and street riding activities; and Knowledge and skill tests to assess the student's knowledge and skill proficiency in operating a motorcycle. An operator of a training center, a training center coordinator, or an approved instructor may not revise or amend the approved curriculums without written approval from the Administration. The Administration may revise or amend the curriculums to meet specific educational needs. The Administration shall: Approve and designate the knowledge tests and skill tests that shall be completed by a student enrolled in an approved motorcycle safety course; and Identify the performance levels (raw scores) the student shall achieve on each test to demonstrate successful completion of the course. To successfully complete an approved motorcycle safety course, a student shall: Attend and participate in all required classroom and range sessions scheduled for the course; Ride and successfully achieve the objectives specified for each required riding exercise in the curriculum; and Achieve a minimum performance level designated by the Administration on each required knowledge and skill test (written, oral, and riding) in the approved curriculum. The training center shall provide motorcycle safety course student completion cards that shall be issued to students successfully completing a course. Students may not participate in a course if they: Demonstrate a lack of skill in operating a motorcycle during the range sessions by not achieving the minimum performance objectives for each riding exercise; Arrive late for the course sessions or leave course sessions early; or Behave in a disruptive manner. Students removed from a course by the instructors or training center coordinators may re-enroll in another course during the same training season, if there is space available in a course. An applicant for an approval as an instructor shall: Be at least 21 years old; Possess a high school certificate of graduation or its equivalent; Be currently licensed to operate a motorcycle and have held a motorcycle driver's license for at least 1 year; Be currently licensed to operate a motor vehicle and have held a motor vehicle operator's license for at least the last 3 years; Have a satisfactory driving record the previous 3 consecutive years; Be in good physical condition; Not have been convicted of a crime of moral turpitude; Have successfully completed the Administration's motorcycle safety education instructor preparation program; Demonstrate proficiency in teaching the approved basic motorcycle safety course in accordance with the standards established by the curriculum provider; and Have no outstanding complaints or charges for alleged violations which, if proven, would constitute grounds for revocation or suspension, pursuant to Regulation .21 of this chapter. An instructor certificate may be obtained by submitting an application to the Administration in a form required by the Administration. In addition to the information required to be entered upon the application, the application shall be accompanied by the following: If the applicant has been licensed in another state in the past 3 years, a certified copy of the applicant’s driving record for the past 3 years issued by the driving license authority of the applicant’s state of licensure; Certification by the applicant there are no reportable medical conditions; A statement certifying under penalty of perjury whether the applicant has ever had a driving instructor license or instructor certification revoked in Maryland or any other state; Evidence of satisfactory completion of the Administration’s motorcycle safety instructor preparation program; Evidence of satisfactory performance in teaching a minimum of one complete beginning motorcycle safety course; and Evidence of certification by the approved curriculum provider to teach the currently approved curriculum. The application shall be signed by the applicant. Upon receipt of the signed application for instructor approval and when satisfied that the applicant has met all requirements, the Administration shall issue an instructor approval to the applicant. The approval shall permit the instructor to teach the approved motorcycle safety courses, classroom and range sessions, at training centers for a period of 2 years. The approval expires 2 years from the date of issuance. To maintain instructor approval, the instructor shall: Teach a minimum of two complete motorcycle safety courses per year, one of which shall be the basic entry level rider course, during the 2-year approval period at motorcycle safety training centers; Maintain a satisfactory driving record as identified under Regulation .24 of this chapter; Attend all Administration required courses, meetings, and update seminars for instructors; Demonstrate an acceptable proficiency for teaching approved motorcycle safety courses; Continuously maintain certification by the approved curriculum provider to teach the currently approved curriculum; Comply with the rules, regulations, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and certification as an instructor; and Act in a manner that, in the Administration’s opinion, is not detrimental to the State’s Motorcycle Safety Program or unsafe for students enrolled in motorcycle safety courses. An instructor shall renew the approval every 2 years by completing the renewal procedures required by the Administration under Regulation .22 of this chapter. Instructors are required to obtain an identification badge issued by the Administration. The identification badge shall be prominently displayed by the instructor at all times when functioning in the capacity of an instructor. The identification badge shall be issued to approved individuals at the time the Administration issues an instructor approval and shall expire the same date as the instructor’s approval. A fee may not be charged for issuance of an original identification badge. An instructor may replace an identification badge that has been lost, mutilated, or destroyed by applying to the Administration for a duplicate and paying any applicable fees. The Administration may issue a probationary instructor approval to an individual who has: Applied for approval as an instructor; and Successfully completed the Administration's instructor preparation program, The Administration shall issue a probationary approval to an individual for each time the individual successfully completes the instructor preparation program authorized by the Administration. The Administration may cancel the probationary approval and deny approval as an instructor if the individual: Cannot satisfactorily demonstrate proficiency in teaching the approved motorcycle safety courses; Acts in a manner that in the Administration's view is: Unsafe for individuals participating in an approved course, or Detrimental to the State's motorcycle safety program; Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting the approved courses; or Has the individual's driver's license suspended or revoked, or accumulates four or more active points on the individual's driving record. The probationary approval shall be surrendered to the Administration: If it is cancelled or expires; or At the time the applicant receives an instructor approval. The probationary approval allows the applicant to teach the approved motorcycle safety courses at a training center under the direct supervision of an experienced approved instructor. The Administration may suspend or revoke an individual’s instructor approval if the individual: Has a suspended or revoked driver's license; Has a driving record with four or more active points; Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a training center, and obtaining approval as an instructor; Acts in a manner that in the Administration’s view is: Unsafe for individuals participating in an approved course; or Detrimental to the State’s motorcycle safety program; or Fails to maintain certification by the approved curriculum provider to teach the currently approved curriculum The Administration shall notify the individual, in writing, of the starting and ending dates of a suspension or revocation, and of the individual's opportunity to request a hearing under Transportation Article, 12-208—12-209, Annotated Code of Maryland. An individual whose instructor approval has been suspended or revoked by the Administration may not: Teach approved motorcycle safety courses at a training center; or Be associated with the operation of a training center for the period of time designated by the Administration. On notification of a suspension or revocation from the Administration, the individual shall surrender the individual’s instructor approval and instructor identification Badge to the Administration. Approved motorcycle safety instructors who do not fulfill the requirement of teaching two complete approved courses per year shall cease providing instruction until such time as they complete the actions designated by the Administration to reactivate their approval. An instructor may renew by submitting an application to the Administration in a form prescribed by the Administration. To qualify for renewal, the instructor shall have: Taught a minimum of two complete motorcycle safety courses per year, one of which shall have been a basic entry level course, during the 2-year approval period at a training center; Maintained a satisfactory driving record as identified under Regulation .24 of this chapter; Attended all Administration required instructor courses, meetings, and update seminars; Demonstrated a teaching proficiency level acceptable to the Administration for teaching approved motorcycle safety courses; Not had their driver’s license suspended more than once during the previous approval period or no current driver’s license suspension; and Complied with the rules, regulations, procedures, and guidelines required by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and approval as an instructor. Individuals applying for renewal of their instructor approval shall submit the renewal application to the Administration at least 15 days before the expiration date of their current approval. In addition to the information required to be entered in the renewal application, the application shall be accompanied by the following: A certified copy of the applicant's out-of-State driving record for the preceding 3 years, if applicable; A self-certification attesting the applicant does not have any reportable medical conditions; and A signed copy of the State of Maryland Instructor Code of Conduct. After verifying that the applicant meets all the requirements for renewal, the Administration shall issue the instructor a renewed instructor approval and identification badge for the subsequent 2 years. Individuals failing to complete the renewal procedures before their designated expiration date shall lose their instructor approval as of their expiration date and may not teach approved courses. In order to regain this approval, the individual shall reapply and complete the approval requirements designated by the Administration. An approved Instructor shall immediately report to the Administration any reportable medical conditions as defined in COMAR 11.17.03.02-1 for evaluation. An instructor shall: Have a satisfactory driving record for at least 3 previous consecutive years before applying for approval; and Maintain a satisfactory record while approved. An instructor's driving record is unsatisfactory if the instructor has, within the last 3 years: Accumulated four or more active points on the instructor's driving record; Been convicted of driving or operating, or both, a motor vehicle while intoxicated or while under the influence of an illegally used, controlled, or dangerous substance; Been convicted of any felony involving use of a motor vehicle; or Had the instructor's driver's license suspended or revoked. An individual approved by the approved curriculum provider and classified as an active instructor may be approved by the Administration to teach the approved motorcycle safety courses by: Completing the application procedures set forth in Regulations .17 and .18 of this chapter; Completing the training sessions required by the Administration; and Demonstrating the ability to teach the approved motorcycle safety courses. The Administration may waive the requirement that instructors teach two complete motorcycle safety courses per year if the individuals provide sufficient justification to the Administration on why this teaching requirement could not be fulfilled. The Administration shall identify the procedures these instructors shall complete to maintain their approval. The motorcycle safety instructor preparation program shall prepare an individual to teach the Administration approved motorcycle safety education courses. The Administration shall: Organize and conduct the motorcycle safety instructor preparation programs; Designate the instructors to teach the courses in the motorcycle safety instructor preparation program; Designate the curriculums used in the motorcycle safety instructor preparation program; Establish the performance criteria an instructor candidate shall achieve to demonstrate successful completion of the motorcycle safety instructor preparation program. Individuals successfully completing the instructor program shall receive proof of completion. An individual who possesses a valid motorcycle driver's license, a motorcycle learner's permit, or is eligible for a motorcycle learner's permit, may enroll in a course. A nonresident may enroll in a course. To enroll in an approved motorcycle safety course, an eligible student shall register with an approved Administration provider. The Administration shall determine the eligibility requirements for enrollment in approved motorcycle safety courses. Individuals younger than 18 years old may only enroll in the basic entry level rider course. A motorcycle safety training center shall have a minimum of one training motorcycle per student officially enrolled in a course and scheduled for range sessions. The training motorcycles shall be maintained in a safe operating condition at all times. They shall be inspected by the training center coordinator before each course, and by the assigned instructors before each range segment. Training motorcycles shall meet the requirements as set forth in COMAR 11.14.03. During the range sessions, each student shall be assigned a training motorcycle. The Administration shall approve the model and engine size of all training motorcycles used by motorcycle safety training centers in approved motorcycle safety courses in accordance with the standards established by the curriculum provider. The Administration may approve a student using a personally owned motorcycle to participate in approved experienced rider courses if the: Student can document adequate insurance coverage on the motorcycle; and Motorcycle successfully passes the safety inspection prescribed by the Administration. The Administration may allow individuals with considerations covered under the American with Disabilities Act to utilize their personally owned motorcycle to participate in the approved basic entry level rider course. Records. The operator of an independent training center shall maintain: Records on the operation of the training center at the training center's office area for each year the training center is active; and The training center records for 5 years. The records specified in §A(1)(a) of this regulation shall include, but are not limited to: A listing of the students enrolling and completing the motorcycle safety courses; Personnel records on instructors teaching at the training center; Copies of required insurance policies; Copies of course disclaimers and waivers; and Copies of accident and incident reports involving students participating in motorcycle safety courses. Administration Audits. The Administration may: Schedule an audit with each independent training center at least once per training season; Conduct unannounced audits of independent training centers, as needed; Audit independent training centers when their contract to operate is terminated; and Suspend the independent training center's contract if the operator of the training center does not correct audit deficiencies within 30 working days of the audit. The operator of an independent training center shall; Upon request, make training center records available to representatives of the Administration; and Correct audit deficiencies within 30 working days of an Administration audit. Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland Effective date: July 1, 1985 (12:13 Md. R. 1281) Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007) Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007) Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007) Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007) Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007) Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007) Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397) Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007) Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756) Chapter revised effective December 4, 1995 (22:24 Md. R. 1897) Chapter revised effective April 15, 2024 (51:7 Md. R. 333)