New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For use in this part, the following definitions apply:
A. ADA means the Americans with Disabilities
				Act,
				42 U.S.C. Section
				12101 et seq.;
B. bureau means the traffic safety bureau
				(TSB) of the New Mexico department of transportation;
C. behind-the-wheel means instruction in
				which the student, under the direct guidance of a certified driver education
				instructor, is in control of a motor vehicle, and includes on-street training,
				on-range training or use of a driving simulator, only as provided by these
				rules;
D. certificate means a
				document issued by the bureau authorizing a person to serve as a driver
				education school instructor;
E.
				certificate of attendance means a document evidencing that a person has
				completed a driver education instructor training course or recertification
				driver education instructor training course conducted by the bureau;
F. certificate of completion means an
				official document purchased from the bureau and issued to the student upon
				successful completion of a driver education course;
G. clean driving record means a person has no
				more than six (6) points on that person's driver's license, and that person has
				not within the last ten (10) years had a driver's license suspended or revoked
				as a result of a DWI conviction or refusal to submit to or failure of chemical
				tests pursuant to the Implied Consent Act, or been convicted in any
				jurisdiction of an alcohol or drug-related driving offense, or has received
				three (3) or more failure to appear summonses or citations in the past
				year;
H. convicted or conviction
				has the meaning given in Section
				66-8-102
				NMSA 1978.
I. correspondence course
				means a driver education course approved by the bureau in which a student,
				overseen by a parent, legal guardian or supervising adult, independently
				studies written materials and submits written assignments for review by a
				driver education instructor, and shall not include on-line courses;
J. credit hour means fifty (50) minutes of
				instruction and ten (10) minutes of break time;
K. crime involving moral turpitude means a
				crime that is contrary to honesty, justice or good morals, such as a crime
				involving dishonesty, fraud, perjury, forgery, murder or serious sexual
				offenses;
L. curriculum means a
				course of instruction approved by the bureau pursuant to Section
				66-10-1 et
				seq. NMSA 1978;
M. designee means a
				person authorized to perform certain specified duties on behalf of the
				bureau;
N. disabled means a person
				who is disabled under the provisions of the ADA, and whose disability
				substantially limits the person's ability to learn and implement the driver
				education curriculum;
O. driver
				education course or course means a driver education curriculum taught by a
				driver education instructor and includes correspondence courses, classroom
				instruction and behind-the-wheel training;
P. driver education school or school or
				licensee means a person licensed by the bureau to operate a school offering
				driver education courses;
Q. driver
				education instructor or instructor means a person certified by the bureau as
				qualified and trained to conduct driver education courses, who gives
				instruction for hire in the driving of motor vehicles or prepares applicants
				for examination for a Class D, E or M driver's license;
R. driving simulator means a computer-based
				simulator unit and program, approved by the bureau, that reproduces driving
				situations likely to occur in actual driving performance on the street which
				require the student to evaluate risk, make decisions, and respond appropriately
				to the driving situation presented;
S. educational institution means any public,
				private or parochial school that provides basic education at the mid school,
				junior high school or high school level;
T. enrolled means that a student has
				registered for a driver education course, attended the first day of a scheduled
				course and will continue until the course is completed;
U. extension site means a location other than
				the main school site where a licensed driver education school offers driver
				education courses;
V. Implied
				Consent Act means Sections
				66-8-105
				through
				66-8-112
				NMSA 1978;
W. limited driving
				history means a driving record from the New Mexico motor vehicle division of
				the taxation and revenue department or its equivalent that includes actions and
				citations, and driver's license revocations pursuant to the Implied Consent
				Act;
X. license means the document
				issued by the bureau authorizing a person to operate a driver education
				school;
Y. MVD means the New Mexico
				motor vehicle division of the taxation and revenue department;
Z. on-range training means a student is in
				control of a motor vehicle on an off-street facility where one or more students
				may be operating a motor vehicle simultaneously under the direction of one or
				more instructors who are outside the vehicle;
AA. on-street training means a student is in
				control of a motor vehicle on a public highway in real and varied traffic
				situations and an instructor is in the front passenger seat next to the
				student;
BB. person means an
				individual, firm, partnership, association, corporation, or other legal
				entity;
CC. private driver
				education school means a person to whom the Driving School Licensing Act,
				Section
				66-10-8
				NMSA 1978, applies;
DD. proctored
				exam means an exam monitored by a driver education instructor;
EE. revocation or revoked means the
				involuntary permanent termination of a license or certificate by the bureau for
				cause;
FF. student means a person
				who has enrolled in a driver education course; and
GG. suspension or suspended means the
				involuntary termination of a license or certificate by the bureau for cause for
				a specified period of time.