Revision: Dec. 23, 2011, midnight
HB 1503-FN – AS INTRODUCED
2012 SESSION
03/01
HOUSE BILL 1503-FN
AN ACT relative to motorcycle rider education.
SPONSORS: Rep. DeLemus, Straf 1; Rep. D. McGuire, Merr 8
This bill makes a variety of changes to motorcycle rider education laws.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2063
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to motorcycle rider education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Special Motorcycle Licenses; Waiver of Driving Examination. Amend RSA 263:31 to read as follows:
263:31 Special Motorcycle Licenses; Waiver of Driving Examination. The department shall cause to be issued a special license for persons without a driver’s license or an endorsement on the driver’s license for persons who have a driver’s license, for all applicants who successfully complete the requirements for a motorcycle license. The department shall cause to be issued a 3-wheeled motorcycle endorsement on the driver’s license for persons who have a driver’s license, for all applicants who successfully complete the requirements for a 3-wheeled motorcycle endorsement. Applicants for such license or endorsement shall furnish proof of their fitness to drive a motorcycle as the director shall in his or her discretion determine. Such proof shall include the applicant’s passing a driver examination conducted on a motorcycle. The examination for a special motorcycle endorsement and the examination for a 3-wheeled motorcycle endorsement shall be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate safely the specific type of motorcycle for which the endorsement is issued. The director [may] shall waive the requirement for such a driving examination upon receipt of [adequate evidence of experience in driving a motorcycle by an applicant under such rules as the director may deem necessary, or] proof that the applicant has successfully completed a state-approved motorcycle rider education course. No person may take the motorcycle driver examination more than twice; any person who fails to pass the examination twice shall be required to successfully complete [the] a motorcycle rider education [program] course under RSA 263:34-b. No person shall drive a motorcycle on a way of this state, unless such person is duly licensed to drive a motorcycle by a special motorcycle license or endorsement issued under this section, or holds a permit under RSA 263:32. No person shall knowingly authorize or allow the driving of a motorcycle owned by him or her or in his or her charge on a way of this state by any person who does not hold a special motorcycle license or endorsement or motorcycle learner’s permit.
2 Motorcycle Learner’s Permit. Amend RSA 263:32 to read as follows:
263:32 Motorcycle Learner’s Permit.
I. Upon application, the department shall issue a motorcycle learner’s permit to a person 18 years of age or older or a person who is 16 years of age or older and under 18 years of age who has successfully completed an approved driver education course. Applicants for such permit shall furnish proof of their fitness to drive a motorcycle as the director in his or her discretion shall determine. Such proof of fitness shall include either passage of a written basic motorcycle knowledge test approved by the commissioner [and the motorcycle rider education program advisory committee] or successful completion of [the] a motorcycle rider education [program] course under RSA 263:34-b, but shall not include a driver examination.
II. A motorcycle learner’s permit shall permit the holder of such a permit to drive a motorcycle on any way after sunrise and before sunset. The holder of a motorcycle learner’s permit shall not carry any passengers when he or she drives on any way.
III. The permit shall be valid for [30] 45 days from the date of issuance or until the holder of the permit obtains a special license to drive motorcycles, whichever is sooner. No more than one permit shall be issued to the same person in any calendar year.
3 Motorcycle Rider Education Courses; Rules. RSA 263:34-b and RSA 263:34-c are repealed and reenacted to read as follows:
263:34-b Motorcycle Rider Education Courses.
I. The director shall establish standards for a motorcycle rider education course. A motorcycle rider education course shall consist of between 15 and 20 hours of instruction directly related to the actual operation of motorcycles, emphasizing safety measures designed to ensure greater awareness of careful and skillful operation of motorcycles. The director’s authority under this subdivision does not include providing or operating any motorcycle rider education course.
II. The director may appoint a training specialist who shall provide quality control for motorcycle rider education courses.
III. Motorcycle rider training courses shall be open to persons who either hold a current valid driver’s license for any classification or who are eligible for a motorcycle learner’s permit.
IV. Motorcycle rider training courses shall issue certificates of completion in the manner and form prescribed by the director to persons who satisfactorily complete the requirements of the course.
263:34-c Rulemaking. The director shall adopt rules pursuant to RSA 541-A relative to:
I. Minimum standards for rider training courses as required under RSA 263:34-b, I.
II. Issuance and form of certificates of completion for rider training courses under RSA 263:34-b, IV.
III. Standards for an approved motorcycle rider education instructor preparation course under RSA 263:34-d, I.
IV. Minimum requirements for the qualification of a rider education instructor as required under RSA 263:34-d, II.
4 New Paragraph; Instructor Requirements and Training; Fees. Amend RSA 263:34-d by inserting after paragraph IV the following new paragraph:
V.(a) Rider education instructors shall pay an annual instructor certification fee of $100 to the division.
(b) The division shall annually inspect each motorcycle education classroom. The fee for the inspection shall be $100.
(c) The division shall annually inspect each motorcycle driving range. The fee for the inspection shall be $100.
5 Repeal. The following are repealed:
I. RSA 6:12, I(b)(26), relative to motorcycle rider safety fund.
II. RSA 6:12-g, II, relative to motorcycle rider safety fund.
III. RSA 263:34-a, relative to definitions.
IV. RSA 263:34-e through RSA 263:34-i, relative to motorcycle fees, insurance discount, and test exemption.
6 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2063 Revised 12/22/11
HB 1503 FISCAL NOTE
AN ACT relative to motorcycle rider education.
FISCAL IMPACT:
The Department of Safety states this bill will decrease state restricted revenue and expenditures by $578,622 in FY 2013 and each year thereafter, increase state general fund revenue by $35,728 in FY 2013, and increase state general fund expenditures by $78,354 in FY 2013, $71,943 in FY 2014, $75,888 in FY 2015, and $80,117 in FY 2016. There will be no fiscal impact on county or local revenue or expenditures.
METHODOLOGY:
The Department of Safety states this bill makes several changes to the motorcycle rider education laws, with the most significant being the elimination of the motorcycle rider safety dedicated fund and clarification within the bill that the director of motor vehicles does not have the authority to provide or operate any motorcycle rider education course. The Department states the current balance in the motorcycle rider safety dedicated fund is $35,728 and it assumes this balance will lapse to general fund, increasing revenue in FY 2013. As a result of this bill, the Department states its oversight of motorcycle rider education in the state remains in place but it can no longer provide or operate such an education program itself. Currently, the Department offers multiple motorcycle rider training programs (MRT) in various locations throughout the state for an average of 2,578 students annually. The Department estimates that both the revenue and expenses associated with offering these classes to be $585,222, so passage of this bill would lead to an annual decline in state restricted revenue and expenditures of that amount. The Department also states there currently are 3 privately-run schools that provide education to roughly 895 students annually. If the proposed bill were to go into effect, the Department assumes these 3 schools would hire the instructors previously employed in state-run programs in order to meet the projected need for MRT. The Department states this bill would also institute annual state inspections of the MRT program classrooms and driving ranges for a fee of $100 each and annual certification for all MRT instructors also for a fee of $100 each. The Department estimates each of the 3 MRT schools would be required to have their classrooms and driving ranges inspected annually for an increase in state restricted revenue of $600 (($100 fee x 3 classrooms) + ($100 fee x 3 driving ranges). The Department also estimates approximately 60 instructors would require certification each year for an increase in state restricted revenue of $6,000 ($100 fee x 60 instructors). The total revenue increase from the inspections and certifications required in this bill is estimated to be $6,600 ($600 + $6,000) per year, which, when combined with the projected decrease in revenue of $585,222 annually from the elimination the current structure, is an estimated net decrease of $578,622 ($6,600 increase combined with $585,222 decrease). The Department also states if additional schools or instructors are required, revenues would increase further.
The Department estimates oversight of the state’s MRT program will entail the salary and benefits associated with one program specialist II position (LG 21), some consultant programming changes in the first year, and some miscellaneous supplies and materials. Because the MRT revenue expected to be generated under the proposed bill ($6,600 annually) is insufficient to cover the associated oversight costs, the Department assumes funding from the general fund will be necessary. The Department’s estimate of this bill’s impact on state expenditures is as follows:
FY 2013 FY 2014 FY2015 FY2016
Decrease – Elimination of MRT operation ($585,222) ($585,222) ($585,222) ($585,222)
Increase – Oversight position salary $41,087 $42,744 $44,538 $46,410
Increase – Oversight position benefits $23,867 $25,799 $27,950 $30,307
Increase – Oversight consultant programming $10,000 $0 $0 $0
Increase – Oversight supplies/materials $10,000 $10,000 $10,000 $10,000
Increase – Oversight Subtotal $84,954 $78,543 $82,488 $86,717
Projected MRT revenue under this bill ($6,600) ($6,600) ($6,600) ($6,600)
Oversight costs to be covered by General Fund $78,354 $71,943 $75,888 $80,117
While the Department predicts state restricted expenditures to decrease by $585,222 each year to reflect the elimination of MRT operation, it also assumes restricted expenditures will increase by $6,600 (the amount of restricted revenue each year), for a net restricted expenditure decrease of $578,622 ($585,222 decrease combined with $6,600 increase).