Chapter 50.6. TITLE 150: DEPARTMENT OF PUBLIC SAFETY

TITLE 150: DEPARTMENT OF PUBLIC SAFETY SUBCHAPTER 150-50.6 MANDATORY DRIVER EDUCATION RULES AND REGULATIONS Part 001 Definitions § 150-50.6-320 Issuance of Instructor § 150-50.6-001 Definitions Certificates § 150-50.6-325 Instructor Certificate Part 100 Program Requirements Forms § 150-50.6-101 Program Certification § 150-50.6-105 Classroom Part 400 Administration and § 150-50.6-110 Student Minimum Enforcement Requirements § 150-50.6-401 Administration and § 150-50.6-115 Classroom Enforcement Curriculum § 150-50.6-405 Driver Education § 150-50.6-120 Laboratory Program Policies and Procedures Curriculum § 150-50.6-410 Supervision of Driver § 150-50.6-125 Minimum Education Programs Requirements for Instructors § 150-50.6-415 Enforcement Part 200 Insurance and Records Part 500 Amendments § 150-50.6-201 Vehicle Insurance § 150-50.6-501 Title 9 CMC § 150-50.6-205 Vehicles Subsection 1102(i) § 150-50.6-210 Surety § 150-50.6-505 Title 9 CMC § 150-50.6-215 Records Subsection 1203(b) § 150-50.6-220 Business Liability § 150-50.6-510 Title 9 CMC Insurance Subsection 7104(d) Part 300 Applications and Appendix I Driver Education Certificates Instructor Application § 150-50.6-301 Application for a Appendix II Driver Education School Driver Education Program Application § 150-50.6-305 Driver Education Appendix III Driver Education Vehicle Program Certificates Inspection § 150-50.6-310 Instructor Appendix IV Thirty-Hour Driving Certificates: BMV Responsibilities Record § 150-50.6-315 Application for Appendix V Certificates of Completion Instructor Certification Subchapter Authority: 1 CMC § 2507; 9 CMC § 1204; 9 CMC §§ 2401-2409. Subchapter History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007) Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction. Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204. Public Law 15-25 (effective Aug. 25, 2006), the “Mandatory Driver Education Act of 2006”, codified at 9 CMC §§ 2401-2409, required the passage and completion of a driver’s education course as a prerequisite for the issuance of operator’s licenses for all persons applying for the first time for a license within the Commonwealth. 9 CMC § 2402 directs DPS to certify driver’s education programs. Public Law 17-45 (effective June 13, 2011) revised the fee schedule for operator’s licenses and authorized the BMV to establish its own driver education program. This subchapter has not been amended since PL 17-45 went into effect. To the extent that these regulations conflict with PL 17-45, they are superseded. Part 001 - Definitions § 150-50.6-001 Definitions For purposes of these regulations, unless the context clearly indicates otherwise, the following definitions apply: (a) “Approving Authority” means the Commissioner of the Department of Public Safety or an authorized agent of the department. (b) “Certificate” refers to the written document issued by the Commissioner to a public, private or parochial college, university, or high school that offers driver education to persons as part of the normal program for that institution, indicating the department’s approval of the school’s driver education program. (c) “Certified and Certified Program” refers to a public, private or parochial college, university, or high school that offers driver education to persons as part of the normal program for that institution, which holds a current certificate from the Commissioner indicating that it complies with the Department of Public Safety’s driver education requirements in this subchapter. (d) “Commercial Driver Education School” means a business enterprise conducted by an individual, association, partnership, company, or corporation that charges a fee to educate and train persons to drive motor vehicles or to prepare an applicant for a Commonwealth operator license, and complies with the Department of Public Safety’s driver education requirements in this subchapter. (e) Driver Education Program (1) A commercial driver education school; (2) A certified program; © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 2 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (3) A public, private or parochial college, university, or high school that offers driver education as approved by the Commissioner. (f) “Instruction” means lecture, tutoring, practice driving lessons, or other teaching methods given to teach the proper operation of a motor vehicle. (g) “One hour of instruction time” means sixty (60) minutes of actual instruction. Time given for breaks and time taken between instructions are not counted as instruction time. (h) “Instructor” means a person, whether acting as an operator of a driver education program or as an employee of the program, who teaches or supervises persons learning to drive motor vehicles, or preparing to take an examination for an operator license, and any person who supervises the work of another instructor. (i) “Laboratory Instruction” means behind the wheel instruction for vehicles and astride motorcycle for motorcycles. (j) “Senior Instructor” means that person designated by the administrator or entity certified to offer driver education, which is to conduct or be responsible for the course of instruction. (k) “Satisfactorily complete” means attendance at all periods of classroom and laboratory instruction, including make-up sessions, in addition to the completion of an evaluation completed by the Senior Instructor attesting to the satisfactory knowledge of the course materials, and perfunctory ability for operation of the vehicle, acceptable to the entity certified to offer driver’s education. (l) “Certificate of Completion” means a course completion certificate, issued by a certified program or a commercial driver education school as evidence of the satisfactory completion of the driver education program as required in Title 9 CMC subsection 2203(b), as amended by the Mandatory Driver Education Act of 2004. (m) “Good Cause” means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant, and that are based on at least one of the following sources: (1) Written information from an identified person; (2) Facts supplied by the program, instructor, or applicant; (3) Driver’s license or accident records; (4) Court or police records; or (5) Facts of which the approving authority or the approving authority’s employees or agents have personal knowledge. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “commercial driver education school” in subsection (e)(1), “certified program” in subsection (e)(2), “public” in subsection (e)(3), “administrator” in subsection (j), “classroom and laboratory instruction” in subsection (k), “senior instructor” in subsection (k), “certified program” in subsection (l), “commercial driver education school” in subsection (l), “license” in subsection (m)(3), “police records” in subsection (m)(4), and “approving authority” in subsection (m)(5) pursuant to 1 CMC § © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 3 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY 3806(f). The Commission struck the repeated word “of” in subsection (m)(5) pursuant to 1 CMC § 3806(g). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). Part 100 - Program Requirements § 150-50.6-101 Program Certification (a) All public, private or parochial colleges, universities, high schools, or business enterprises seeking certification shall submit an application with payment of fees to the Department of Public Safety for review and approval. (b) The application shall include all required documentation in accordance with this subchapter. (c) All programs require both classroom and laboratory instruction for approval. (d) A program must have at least one certified senior instructor. (e) The Commissioner shall approve all programs which have met the requirements of this Article, unless good cause exists for denial. (1) The Commissioner shall notify the applicant of any missing documentation or requirement within ten days of receipt. (2) The Commissioner shall communicate a decision within ten days of receipt of a completed application. (3) If the application is denied, the Commissioner shall include a communication identifying the basis for the denial of the application and the requirements for approval. (f) Any applicant who may have been denied certification may reapply upon completion of the requirements. (g) The Commissioner shall issue certificates to approved institutions or business entities confirming the program as being certified and in accordance with Public Law 15-25 [9 CMC §§ 2401-2409]. (h) Certificates of completion issued by certified programs to students in accordance with the provisions of this subchapter shall serve as evidence of satisfaction of the requirements of mandatory driver education as required in Title 9 CMC subsection 2203(b), as amended by the Mandatory Driver Education Act of 2004. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “classroom” and “laboratory” in subsection (c), “program” and “senior instructor” in subsection (d), and “completion” and “certified programs” in subsection (h) pursuant to 1 CMC § 3806(f). The Commission struck the figure “10” from subsections (e)(1) and (e)(2) pursuant to 1 CMC § 3806(e). § 150-50.6-105 Classroom © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 4 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (a) The facility must comply with the requirements set forth by the Americans with Disabilities Act of 1990. (b) The facility must be in compliance with the fire safety code, sanitation, building code, and other regulations mandated by law or regulation. (c) Classrooms must be equipped with an adequate number of desks, or tables with chairs, to comfortably accommodate students. (d) The school must maintain an established place of business in the CNMI which is open to the public. (e) A residence may not be used to provide classroom or behind the wheel instruction. Driver education program applicants will be responsible providing* proof that the established place of business is not in conflict with local zoning regulations. (f) The Commissioner of Public Safety or an authorized agent of the Department of Public Safety will inspect the facility for compliance to this subchapter prior to approval. (g) All driver education programs shall post the copies of certification issued by the Commissioner within the classroom.

So in original. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “driver education program” in subsections (e) and (g) pursuant to 1 CMC § 3806(g). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). § 150-50.6-110 Student Minimum Requirements (a) A driver education program may not enroll any student who has not attained the age of: (1) Fifteen and one-half years for course instruction for operation of motor vehicles as identified under Title 9 CMC subsection 2204(a)(1), (a)(2), or (a)(3); or (2) Twenty-one years for course instruction to obtain a chauffeur’s license for the operation of motor vehicles as identified under Title 9 CMC subsection 2204 (b)(1) or (b)(2). (b) Each enrolled student shall obtain a learner’s permit in accordance with Title 9 CMC subsection 2205 prior to the beginning of laboratory instruction. (c) A student who has satisfactorily completed a driver education program but has not reached the age of sixteen, will not be issued a driver license prior to his or her sixteenth birthday. (d) Other persons required to enroll in a driver education program: © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 5 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (1) A person holding a valid operator’s license that has been cited for three traffic violations within a one-year period; (2) A person whose license has been revoked. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “driver education program” in subsections (a), (c), and (d), and “learner’s permit” and “laboratory instruction” in subsection (b) pursuant to 1 CMC § 3806(f). The Commission corrected the spelling of the word “program” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission struck the figure “16” in subsection (c) pursuant to 1 CMC § 3806(e). § 150-50.6-115 Classroom Curriculum (a) All driver education programs shall submit a written classroom curriculum to the approving authority for approval. (1) No curriculum may be utilized until approved; (2) All instructors shall conduct classroom instruction in accordance with the approved written classroom curriculum; (3) All classroom instruction shall be conducted in a classroom with the instructor physically present with the students during the period of instruction to instruct and address the questions and comments of the students. (b) The approving authority shall approve any classroom curriculum which meets the requirements of this section. The classroom curriculum shall: (1) Provide an opportunity for students to analyze and assess several decision-making models and factors that influence highway-user decisions; (2) Provide information on how alcohol consumption and other drugs affect a driver’s ability to safely operate a motor vehicle, including: (i) Information on the effects of consumption of alcoholic beverage products and the use of illegal drugs, prescription drugs, and non-prescription drugs on the ability of a person to safely operate a motor vehicle; (ii) The hazards of driving under the influence of alcohol or drugs; and (iii) The legal penalties and financial consequences resulting from the violation of laws prohibiting the operation of a motor vehicle while under the influence of alcohol and/or other drugs. (3) Provide the opportunity for students to identify, analyze, and practice making decisions about using occupant restraints and child safety seats; (4) Provide the opportunity for students to identify, analyze, and practice a variety of driving decisions about highway users and roadway characteristics; (5) Provide the opportunity for students to identify, analyze, and practice making driving decisions about a vehicle’s speed under different driving conditions; (6) Educate students as to the content and purpose of motor vehicle and traffic laws and the rules for safe driving performance; (7) Provide the opportunity for students to identify, analyze, and describe proper procedures for a variety of driving situations; (8) Provide the opportunity for students to gather information and practice making decisions about automobile ownership, leasing, insurance, and vehicle maintenance; © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 6 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (9) Provide the opportunity for students to identify, analyze, and practice making proper decisions related to drivers’ attitudes and emotions; (10) Provide the opportunity for students to explore alternative ways to become better drivers and to improve the highway transportation system. (11) Educate students on the duties and responsibilities when encountering school busses and emergency vehicles; (12) Provide information on the hazards of falling asleep while driving; (13) Educate students on the hazards of eating, drinking, smoking, chewing betel nut, and using cell phones while operating a motor vehicle; (14) Provide the opportunity for students to explore the impact of motor vehicles upon the environment, ways to conserve fuel consumption, and efforts to develop energy alternatives. (c) Classroom instruction shall not exceed three hours per day. (d) Classroom instruction shall consist of a minimum of thirty hours of approved instruction. Instruction may be in any language. (e) The classroom curriculum shall include written examinations to confirm the student’s comprehension of presented and assigned material. Written tests and materials used by the school shall not substantially duplicate any part of the actual CMNI operator license examination. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “driver education program” in subsection (a) and “approving authority” in subsections (a) and (b) pursuant to 1 CMC § 3806(f). The Commission struck the figures “3” from subsection (c) and “30” from subsection (d) pursuant to 1 CMC § 3806(e). § 150-50.6-120 Curriculum (a) All driver education programs shall submit a written laboratory curriculum to the approving authority for approval subject to the following conditions: (1) No curriculum may be utilized until approved; (2) All instructors shall conduct laboratory instruction in accordance with the approved written laboratory classroom curriculum; (3) All laboratory instruction shall include instructions given in English, Chamorro, or Carolinian; (4) All laboratory instruction shall be in the type of vehicle for which the student is enrolled. (b) All curriculum proposals submitted to the approving authority shall substantially comply with the recommendations of the National Highway Traffic Safety Administration (NHTSA) on the instruction of driver education courses. (c) The approving authority shall approve any laboratory curriculum which meets all of the following requirements of this section. Approval of the laboratory curriculum is a requirement for approval of the program. © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 7 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (d) The instructor shall ensure that each student is in possession of a duly issued learner’s permit in accordance with section 150-50.6-110. (e) Laboratory instruction shall not be on the actual routes utilized for the CNMI operator road tests, except when unavoidable due to lack of alternatives. (f) The instructor shall require that seat belts are used at all times by persons in any vehicle utilized for instruction. (g) The instructor shall address the physical disabilities of the individual student. (h) The laboratory curriculum shall include at least the following: (1) Educate the student as to the purpose, content, and procedures for laboratory instruction; (2) Educate the student as to the gauges and instruments, their purposes and functions; (3) Educate the student as to safety preparations prior to moving a vehicle; (4) Assist in the development of basic skill in speed control and tracking on forward and backward paths; (5) Assist in the orientation to driving and techniques in scanning, recognizing, and responding to obstacles; (6) Assist in the development of basic driving skills in parking, including parallel parking, backing, three-point turns, changing lanes, crossing intersections, and passing other vehicles; (7) Assist in the development of methods of reduced-risk city driving, highway driving, and interacting with other roadway users; (8) Assist in the development of strategies for recognizing and responding to adverse conditions, and emergencies; (9) Formal evaluation, self-evaluation, and planning for future improvement; (10) Assist in the development of spatial judgment when making turns and/or parking; (11) Assist in the development of defensive driving techniques. (i) Laboratory instruction may not exceed two hours per day. (j) An instructor may not provide laboratory instruction in excess of thirty hours without the written authorization of the approving authority. (k) The driver education laboratory curriculum shall consist of a minimum of six hours of approved instruction, of which: (1) Total on-street time shall not be less than three hours; and (2) Four hours of simulation may be substituted for one hour of laboratory instruction. (l) An additional twenty-four hours of driving practice is required outside of the driver education program: (1) The student must be accompanied by a CNMI licensed driver who is at least twenty-one years of age and in a manner permissible by law; (2) A total of six hours must be driven after 6 PM; two of these six night time driving hours must be within the driver education program’s laboratory curriculum; © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 8 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (3) The student must complete the record of driving practice provided by the Bureau of Motor Vehicles or driver education program; (4) Upon completion of a total of thirty hours of driving practice, the student must sign the record in the presence of a notary public who will attach a seal; a parent or guardian must sign the record for a student who is less than eighteen years of age; (5) The student must present a copy of this record to the senior instructor of the driver education program; a certificate of satisfactorily completion will not be issued to a student who has not completed this requirement; (6) The original, notarized record along with the certificate of satisfactorily completion from the driver education program must be presented to the Bureau of Motor Vehicles prior the administration of the driving exam. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “approving authority” in subsections (b), (c), and (j); “laboratory curriculum” in subsections (c), (h), and (l); “program” in subsection (c); “learner’s permit” in subsection (d); “instructor” in subsections (f) and (g); “laboratory instruction” in subsections (h) and (i); and “senior instructor” in subsection (l) pursuant to 1 CMC § 3806(f). The Commission struck the figures “2” from subsection (i), “30” from subsection (j), “6” from subsection (k), “3” from subsection (k)(1), “4” and “1” from subsection (k)(2), “24” from subsection (l), “21” from subsection (l)(1), “6” and “2” from subsection (l)(2), and “30” and “18” from subsection (l)(4) pursuant to 1 CMC § 3806(e). § 150-50.6-125 Minimum Requirements for Instructors (a) The Commissioner of the Department of Public Safety shall approve all instructors who meet the requirements of this section. (b) All instructors shall be familiar with the standards and guidelines published by the National Traffic Safety Administration (NHTSA) for the instruction of driver education courses. (c) All instructors or those seeking certification as an instructor shall be required to have both a CNMI and FBI criminal history record check. All applicants, including instructors, are required to undergo fingerprinting as part of their criminal history record check. Applicants shall pay all charges for the fingerprinting and criminal history record checks. (d) Each instructor for a program shall also meet the following minimum requirements: (1) Possesses a valid CNMI driver’s license with the classification and endorsements required for the operation of the class and type of motor vehicle used in driver education; (2) Has not had more than one moving traffic violation within one year prior to obtaining certification; not more than two moving traffic violations within three years prior to obtaining certification; and not more than three moving traffic violations within five years prior to obtaining certification; (3) Has not had any driving under the influence of alcohol or drug conviction within five years prior to obtaining certification; (4) Has not had his or her driver’s license suspended, revoked, cancelled, or disqualified within three years prior to obtaining certification; (5) Is at least twenty-one years of age; (6) Possesses a high school diploma or its equivalent; © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 9 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (7) Has had a valid driver’s license recognized by the Commonwealth for at least five years; (8) Possesses no criminal record that would make the individual unsuitable to work with children and/or young adults; (9) Demonstrates effective communication skills; (10) Demonstrates the ability to engage students in meaningful driver education activities; (11) Demonstrates the ability to accurately observe and assess student performance; and (12) Models positive driving behavior. (e) Each instructor shall submit a certified copy of the applicant’s driving record to the program and the approving authority dated not earlier than thirty days prior to submittal. (f) No individual may serve as an instructor until approved by the approving authority. (g) No individual shall be approved as an instructor whose license has been suspended or revoked within six months of submittal for approval. (h) All instructors shall submit certified copies of their driving records for re-approval to the program and the approving authority within thirty days of the anniversary of the previous date of approval. (i) All instructors who have obtained a valid teaching certificate reflecting certification in Driver Education within the United States or its territories must provide proof of evidence. (j) Instructors must show evidence of the successful completion of the National Safety Council’s Defensive Driving course. (k) Senior instructors must show evidence of receiving a score of 590 on the Safety/Driver Education (0860) Educational Testing Service Praxis II exam. (l) Instructors not classified as senior instructors must show evidence of receiving a score of 171 on the Driver Education (0867) Educational Testing Service Praxis II exam. (m) All instructors must be certified in Cardio Pulmonary Resuscitation (CPR). History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission struck the figures “1,” “3,” and “5” from subsection (d)(2); “5” from subsection (d)(3); “3” from subsection (d)(4); “21” from subsection (d)(5); “5” from subsection (d)(7); “30” from subsection (e); “6” from subsection (g); and “30” from subsection (h) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “instructor” in subsections (e), (g), (h), (i), (k), and (l); “approving authority” in subsections (e), (f), and (h); “program” in subsections (e) and (h); and “senior instructors” in subsection (h) pursuant to 1 CMC § 3806(f). Part 200 - Insurance and Records § 150-50.6-201 Vehicle Insurance © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 10 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (a) All programs shall file with the Commissioner of the Department of Public Safety, evidence of vehicular liability insurance obtained from a company licensed to do business in the CNMI. Evidence of insurance shall be in the form of an original certificate of insurance from the insurance company with the proviso that the insurance may not be canceled or terminated, except upon a minimum of thirty days prior notice to the Commissioner. (b) Driver education programs shall maintain vehicular liability for bodily injury to, or death(s) of, any one, two, or more persons in any one accident in accordance with PL 11-55. (c) Driver education programs shall maintain vehicular liability for damage to, or destruction of the property of others in any one accident in accordance with PL 11-55. (d) Driver education programs shall maintain vehicular liability for medical expenses in accordance with PL 11-55. (e) Driver education programs shall maintain uninsured and underinsured motorist coverage in accordance with PL 11-55. (f) The Program shall submit to the Commissioner of Public Safety a listing of all vehicles covered by insurance. (1) No vehicle shall be utilized for instruction which has not been identified by the program and submitted to the Commissioner for inspection and clearance using national standards, if any. (2) The program shall ensure that the listing provided to the Commissioner is maintained current and accurate, notifying the approving authority of any change within five days of notice from the insurance company. (g) Certification is automatically terminated upon the cancellation of insurance of all vehicles utilized by the program. (1) Certificates terminated shall be surrendered to the Commissioner within ten days from the date the insurance was cancelled. (2) A program whose certificate has been terminated may reapply upon meeting the insurance requirements. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: This section and section 150-50.6-205 were both located in section 1-8 of the published regulation. The Commission divided them into two sections pursuant to 1 CMC § 3806(a). The Commission struck the figures “30” from subsection (a), “5” from subsection (f)(2), and “10” from subsection (g)(1) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “driver education program” in subsections (b), (c), (d), and (e); “program” in subsections (f) and (g); and “approving authority” in subsection (f)(2) pursuant to 1 CMC § 3806(f). The Commission struck extraneous octothorps from subsections (b), (c), (d), and (e) pursuant to 1 CMC § 3806(g). § 150-50.6-205 Vehicles © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 11 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (a) All programs shall file with the Commissioner of Public Safety or an authorized agent, a listing of all vehicles used for instruction. The driver education school shall ensure that the listing provided is maintained current and accurate. (b) No vehicle shall be utilized for instruction which has not been identified by the program and submitted to the Commissioner of Public Safety for inspection and clearance using national standards, if any. (c) Vehicles used for instruction cannot be over seven years old and must be equipped with the following: (1) Extra brake pedal operable from the instructor’s position; (2) Two inside rearview mirrors, one for the use of the student and one for the use of the instructor. Sun visor vanity mirrors may not be utilized for this purpose; (3) Cushions for proper seating of students (when necessary); (4) A sign or lettering not less than two inches in size with the words STUDENT DRIVER; (5) A sign or lettering not less than two inches in size with the name of the school. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: This section and section 150-50.6-201 were both located at section 1-8 of the published regulation. The Commission divided them into two sections pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “driver education school” in subsection (a) and “program” in subsection (b) pursuant to 1 CMC § 3806(f). The Commission struck the figure “7” from subsection (c) pursuant to 1 CMC § 3806(e). § 150-50.6-210 Surety (a) All commercial driver education programs shall file with the approving authority evidence of a surety company bond for the protection of the contractual rights of students, obtained from a company licensed to do business in the Commonwealth. (b) Evidence of surety shall be in the form of a certified copy of the original surety from the bonding company with the provision that the bond may not cancelled or terminated, except upon a minimum of thirty days prior written notice to the Commissioner. (c) Commercial driver education programs shall maintain bonding not to exceed the principal sum of $100,000 aggregate liability of surety for all breaches. (d) Certification of a program is automatically terminated upon the cancellation of the surety bond. (1) Certificates terminated shall be surrendered to the Commissioner within ten days from the date the bonding was cancelled; (2) A program whose certificate has been terminated may reapply upon meeting the bonding requirements. © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 12 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (e) The Commissioner of Public Safety has the authority to waive this requirement if it is determined that there are no companies in the CNMI willing or able to provide this bond. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “commercial driver education programs” in subsections (a) and (c), “approving authority” in subsection (a), and “program” in subsection (d) pursuant to 1 CMC § 3806(f). The Commission struck the figures “30” from subsection (b) and “10” from subsection (d)(1) pursuant to 1 CMC § 3806(e). § 150-50.6-215 Records (a) Commercial driver education programs shall maintain a contract file for a minimum of five years containing the original and subsequent contracts and renewal agreements by and between the student and the program. (1) Records shall be maintained in a business-like manner utilizing standard abbreviations; (2) Records which are lost, mutilated, or destroyed shall be reported immediately to the approving authority by affidavit, noting the date the records were discovered as lost, mutilated, or destroyed; the circumstances involving the loss, destruction, or mutilation; the names of the law enforcement officer or fire department official(s) to whom the loss was reported; the date of the report including a copy of any report made by the enforcement official. (b) Driver education programs shall keep records of instruction for a minimum of five years for each student enrolled. Records shall include: (1) General identification information to include the student’s legal first, middle, and last names; address of residence; date of birth; and contract number (if enrolling in a commercial driver education program); (2) Date and number of hours of instruction, type of instruction, and records of all scores for written examinations given; (3) Completion date for each phase of instruction and name of the instructor; (4) Copies of the student’s evaluations completed by the senior instructor for issuance of the certificate of completion; (5) A copy of the student’s notarized record of driving practice; (6) A copy of the student’s certificate of completion; and (7) Copies of receipts of any payments made to the program by the student. (c) All driver education programs shall maintain for a minimum of five years, records of: (1) All documents submitted to the Commissioner of Public Safety or an authorized agent of the Department of Public Safety in accordance with the provisions of this subchapter; (2) Current originals of certifications and documentation issued by the Commissioner to the program; (3) Originals of all correspondence and documentation to and from the approving authority. (d) All records required by this section shall be subject to inspection by the Commissioner during reasonable business hours. © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 13 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (e) All commercial driver education programs shall provide evidence of current insurance and surety as required in sections 150-50.6-201 through 150-50.6-210, upon request by any member of the public. (f) All programs shall post within the classroom, copies of certificates issued by the Commissioner. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007) Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission inserted a comma after the word “middle” in subsection (b)(1) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “commercial driver education program” in subsections (a), (d)(1), and (e); “program” in subsections (a), (c)(2), and (f); “approving authority” in subsections (a)(2) and (a)(3); “driver education program” in subsections (b) and (c); “senior instructor” in subsection (b)(4); “certificate of completion” in subsections (b)(4) and (b)(6); and “certificates” in subsection (f) pursuant to 1 CMC § 3806(f). The Commission struck the figure “5” from subsection (c) pursuant to 1 CMC § 3806(e). § 150-50.6-220 Business Liability Insurance All programs shall file with the Commissioner of the Department of Public Safety, evidence of at least $50,000 of business liability insurance obtained from a company licensed to do business in the Commonwealth. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the word “programs” pursuant to 1 CMC § 3806(f). The Commission moved Section 1-12 of the original regulation, “Administration and Enforcement,” to Part 400 pursuant to 1 CMC § 3806(a). Part 300 - Applications and Certificates § 150-50.6-301 Application for a Driver Education Program Each applicant for certification as a driver education program shall comply with the following procedures: (a) Application for the certificate shall be made on an official form supplied by the Commissioner and signed by the applicant under the penalty of perjury. (b) The applicant for the certificate must provide the required information on the official form. (c) The proper authority shall sign each application for certification as a program. (d) Each applicant for certification as a driver education program shall provide: (1) A record of a CNMI and FBI criminal history background check; © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 14 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (2) A non-refundable application fee of $100; payment for the program certification application may be made by business or personal check, a US Postal Service money order, or cash, payable to the CNMI Treasury. (e) No person or entity will be issued a driver education program certificate if (1) The requirements as provided in this subchapter are not met; (2) The information provided on the application is not complete or truthful. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “certification” in the opening paragraph, subsection (c), and subsection (d); “driver education program” in the opening paragraph, subsection (d), and subsection (e); “certificate” in subsections (a), (b), and (e); “program” in subsections (c) and (d)(2); and “criminal history” in subsection (d)(1) pursuant to 1 CMC § 3806(f). § 150-50.6-305 Driver Education Program Certificates The Commissioner of the Department of Public Safety is responsible for approving the certificates issued to the programs. (a) The following information shall appear on the certificate: (1) The registered name of the person, partnership, corporation, or company owning and operating the program; (2) The “doing business as” (DBA) of the certified program; (3) The address and location of the certified program; (4) The certificate control number; (5) The date that the certificate was issued; (6) The signature of the approving authority, the typed name of the approving authority, and his or her title. (b) The program certificate shall be posted in a conspicuous location at the place of business. (c) The certificate shall not be assigned, transferred, or used for any location other than the location listed on the certificate. (d) The certificate shall be valid for a period of one year from the date of issuance. A renewal application must be filed with the Department of Public Safety’s Bureau of Motor Vehicles no earlier than forty-five days or later than thirty days prior to the expiration of the certificate. (e) Upon issuance of the certificate by the approving authority, the applicant shall obtain a business license for the operation of a driver education program from the CNMI Department of Commerce. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “certificate” in all paragraphs, “program” in the initial paragraph and subsections (a) and (b), “certified” in subsection (a), “approving authority” in © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 15 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY subsections (a) and (e), and “driver education program” in subsection (e) pursuant to 1 CMC § 3806(f). The Commission struck the figures “1,” “45,” and “30 from subsection (e) pursuant to 1 CMC § 3806(e). § 150-50.6-310 Instructor Certificates: BMV Responsibilities The Department of Public Safety’s Bureau of Motor Vehicles shall be responsible for: (a) The issuance of instructor certificates to those applicants who have met the requirements established by this subchapter. (b) The written and performance examinations for all applicants. (c) Scoring and recording the results of all applicant examinations. (d) Maintaining a record of examination results for a period of five years from the date of examination. (e) The development and issuance of additional instructions and forms as may be necessary for the administering the instructor application process. The Commissioner of Public Safety shall approve all supplemental instructions and forms. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “instructor” in subsections (a) and (e) and “certificates” in subsection (a) pursuant to 1 CMC § 3806(f). The Commission struck the figure “5” from subsection (d) pursuant to 1 CMC § 3806(e). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). § 150-50.6-315 Application for Instructor Certification (a) An application for an instructor’s certificate shall be on a form approved by the Commissioner of the Department of Public Safety. (b) The application shall be accompanied by proof that an application fee of $50 was paid to the CNMI Treasury. Payment for the instructor certificate application may be made by business or personal check, a US Postal Service money order, or cash. (c) The applicant shall certify to the truth of the information provided on the application form. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “instructor’s certificate” in subsections (a) and (b) pursuant to 1 CMC § 3806(f). § 150-50.6-320 Issuance of Instructor Certificates © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 16 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY The Department of Public Safety’s Bureau of Motor Vehicles shall issue instructor certificates only to those applicants who have met the requirements in accordance with this subchapter. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “instructor certificates” pursuant to 1 CMC § 3806(f). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). § 150-50.6-325 Instructor Certificate Forms (a) The instructor certificate shall be of a design approved by the Commissioner of the Department of Public Safety. (b) The instructor certificate shall be in the possession of the instructor when conducting in an official capacity. (c) The instructor certificate shall expire one year from the date of issuance, unless suspended or revoked by the Department of Public Safety’s Bureau of Motor Vehicles. (d) Applications for renewal of an instructor certificate shall be made not more than sixty days or less than thirty days prior to the expiration of the certificate. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the words “instructor certificate” in all subsections pursuant to 1 CMC § 3806(f). The Commission struck the figures “1” from subsection (c) and “60” and “30” from subsection (d) pursuant to 1 CMC § 3806(e). Part 400 - Administration and Enforcement § 150-50.6-401 Administration and Enforcement (a) The Department of Public Safety’s Bureau of Motor Vehicles shall have the power and authority to enforce this subchapter. (b) The Bureau of Motor Vehicles shall be responsible for: (1) The issuance of certificates and the furnishing of instructions and forms to driver education programs within the Commonwealth; (2) The supervision and inspection of driver education programs; and (3) The revocation and surrender of certificates issued to a driver education program whenever the Bureau of Motor Vehicles determines through inspection or investigation that the program is not properly conducting in accordance with this subchapter. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “certificates” in subsections (b)(1) and (b)(3) and “driver education program” in subsections (b)(1) through (b)(3) pursuant to 1 CMC § 3806(f). © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 17 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY The Commission relocated this section from section 1-12 of the original regulation pursuant to 1 CMC § 3806(a). § 150-50.6-405 Driver Education Program Policies and Procedures Driver education programs shall be operated in accordance with this subchapter. The approving authority may issue additional regulations and instructions which are not inconsistent with this subchapter. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “driver education programs” and “approving authority” pursuant to 1 CMC § 3806(f). § 150-50.6-410 Supervision of Driver Education Programs The Department of Public Safety’s Bureau of Motor Vehicles shall exercise supervisory control over all programs under its jurisdiction. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission corrected the capitalization of the word “programs” pursuant to 1 CMC § 3806(f). § 150-50.6-415 Enforcement (a) Any violation or failure to comply with this subchapter may result in the suspension or revoking of a certificate. (b) The Department of Public Safety’s Bureau of Motor Vehicles shall post at its primary location, a list of the programs and instructors for which their certificate has been suspended or revoked. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “certificate” in both subsections and “programs” and “instructors” in subsection (b) pursuant to 1 CMC § 3806(f). Part 500 - Amendments § 150-50.6-501 9 CMC Subsection 1102(i) (1) “Director refers to the Commissioner of the Department of Public Safety expect* where otherwise delineated in this Title.”

So in original. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 18 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Commission Comment: As this section quotes directly from the Commonwealth Code, the Commission left the numbering unchanged. § 150-50.6-505 Title 9 CMC Subsection 1203(b) (b) Who has not successfully completed a Driver Education Program as provided in Article 4 of this chapter, if: (1) The applicant has never been issued an operator’s license by a government under the jurisdiction of the United States or a foreign country; or (2) The applicant has previously been issued an operator’s license by any governmental jurisdiction and that license has been suspended or revoked within one (1) year of application for a CNMI operator’s license. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: As this section quotes directly from the Commonwealth Code, the Commission left the numbering unchanged. § 150-50.6-510 Title 9 CMC Subsection 7104(d) (d) A person convicted under this section may, in the discretion of the Court, be ordered to complete a Driver Education Program approved pursuant to Title 9 CMC subsection 2401 if the individual has not completed a Driver Education Program approved pursuant to subsection 2401. History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Commission Comment: As this section quotes directly from the Commonwealth Code, the Commission left the numbering unchanged. © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 19 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Appendix II Driver Education School Application © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 25 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). Appendix III Driver Education Vehicle Inspection © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 29 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 30 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Appendix IV Thirty-Hour Driving Record History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 31 of 32

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Appendix V Certificates of Completion History: Adopted 30 Com. Reg. 28435 (Apr. 25, 2008); Proposed 29 Com. Reg. 27597 (Dec. 18, 2007). © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 32 of 32

Source: CNMI Law Revision Commission

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