Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 23.00 - Licensing, Certification and Operating Requirements for Professional Driving School Instructors; and Others › Section 23.02 - Definitions

Current through Register 1525, July 5, 2024
Certificate, Certified or
				Certification
. For the purpose of
				540 CMR 23.00, certificate,
				certified or certification shall be synonymous with license or licensure when
				related to a school, a program or an instructor except when referring to an
				individual's driver's license.
Driver Education Program
. A
				standardized driver education program established by the Registrar.
Driver Education Provider
. A
				Professional Driving School, Public School Driver Education Program or a Driver
				Skills Development Program.
Driver Skills Development Program
				(DSDP)
. A driver training program licensed by the Registrar that
				uses hands-on instruction to teach student drivers to anticipate potential
				on-road hazards and how to perform maneuvers to avoid the most common types of
				crashes while maintaining vehicle control. Driver Skills Development Programs
				shall only be taught by instructors certified to provide such program
				instruction. Driver Skills Development Program students must be licensed
				drivers or persons with learner's permits who have completed at least ten hours
				of supervised driving. Driver Skills Development Programs may only be provided
				on closed off-road courses in late model passenger automobiles equipped with
				anti-lock brake (ABS) systems. The driving skills or techniques required to be
				taught in a Driver Skills Development Program must include, but are not limited
				to the following:
(a)
Proper Hand and Seating Position
.
				Demonstrating the proper positioning of a driver's hands on the steering wheel
				and the proper seating position of a driver in a secured safety belt. These
				demonstrations are designed to help the student driver ensure better control of
				the vehicle in a crash and to lessen or avoid the potential for injury in the
				event of a crash.
(b)
Emergency Braking
. Demonstrating
				the sudden application of brakes while controlling the vehicle in a
				straight-line at various speeds. These demonstrations teach student drivers the
				techniques and effectiveness of anti-lock brake (ABS) systems in an emergency
				stop. These demonstrations further provide an understanding of the different
				mechanics and disparity in stopping distances of ABS versus non-ABS brake
				systems. Finally these demonstrations stress vehicle performance during sudden
				stops.
(c)
Steering Control Skills
.
				Demonstrating steering control maneuvers on a slalom course. These
				demonstrations teach a student driver how to maintain control of the vehicle
				while trying to avoid other objects or vehicles on the road. The student driver
				is taught evasive maneuvers to the left and to the right around a series of
				traffic cones while moving at various speeds.
(d)
Proper Following Distance
.
				Demonstrating the importance of keeping a safe following distance to avoid
				"tailgating" and "rear-end" types of vehicle crashes.
(e)
Backing-up
. Demonstrating the
				limited visibility a driver has when attempting to backup using the vehicle's
				rear-view mirrors. Student drivers are taught awareness of unseen dangers when
				driving a vehicle in reverse and instructed to avoid unnecessary driving in
				reverse.
(f)
Crash Avoidance
. Demonstrating
				combined driving skills which allow student drivers to use emergency braking,
				corrective steering and control, sudden and evasive emergency maneuvers and
				obstacle avoidance.
Driver Skills Development Program
				Instructor
. A person certified by the Registrar to instruct a
				Driver Skills Development Program.
Instruction for Hire
. The business of
				instructing persons for a fee in the operation of a motor vehicle. A sponsor
				for a Class D driver license examination who is compensated for such
				sponsorship shall be presumed to be conducting instruction for hire.
				Instruction for hire shall not include training provided by an employer or
				trade organization if the training is for the purpose of obtaining a Class A,
				B, or C license.
Principal Administrator
. The
				individual who has responsible control or management of the driving school
				program, its personnel or its assets.
Professional Driving School
. A driver
				training school licensed by the Registrar to conduct a Professional Driving
				School Program.
Professional Driving School Instructor
. A person certified by the Registrar who is approved to give instruction for
				hire in the operation of a motor vehicle only when engaged by a licensed
				Professional Driving School.
Public School Driver Education
				Instructor
. A person certified by the Registrar who is approved to
				give instruction for hire in the operation of a motor vehicle only when engaged
				by a licensed Public School Driver Education Program.
Public School Driver Education Program
. A program offered through a public school for the instruction of driver
				training which, unless otherwise agreed to by the Commissioner of the
				Massachusetts Department of Education and the Registrar, incorporates all of
				the requirements of a Professional Driving School except that of licensing
				fees, performance bond requirements and licensing fees for the
				instructors.
Registrar
. The Registrar of Motor
				Vehicles or her designee.
Registry
. The Registry of Motor
				Vehicles.
Unsatisfactory Driving Record
. A
				record of an individual's driving history in any or all states in which he/she
				was licensed that includes:
(a) Any mandatory license suspension activity, or revocation of
				licensing or driving privileges within the preceding two years based on a
				moving violation; or
(b) Any conviction under the provisions of M.G.L. c. 90, §
				24, within the preceding five year period of operating a motor vehicle while
				under the influence of intoxicating liquor, or of marijuana, narcotic drugs,
				depressants or stimulant substances, as defined in M.G.L. c. 94C, §1 or
				the vapors of glue. Any person who consents to have any such case disposed of
				under the provisions of M.G.L. c. 902, § 24D shall for the purpose of 540
				CMR 23.02:
Unsatisfactory Driving Record
be deemed to
				be convicted.