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The 192nd General Court of the Commonwealth of Massachusetts

Section 32G1/2: Advanced driver training program certification

Section 32G1/2. The registrar shall promulgate rules and regulations relative to the certification and operation of advanced driver training programs offered within the commonwealth. No person or entity shall engage in the business or provide instruction in an advanced driver training program without certification from the registrar pursuant to such rules and regulations. The registrar may refuse to issue such certification to any individual or entity if the individual or any employee of an entity has: (a) made a material false statement or concealed a material fact in connection with a certification application; (b) has been the holder of a driving school or driving school instructor's license issued pursuant to section 32G that was revoked or suspended by the registrar; (c) has been convicted of a felony, or any crime involving violence, (fraud), (perjury) dishonesty, deceit, indecency, degeneracy, or moral turpitude; or (d) if the registrar determines that any individual or entity had failed to furnish satisfactory evidence of good character, reputation or fitness.

A person who holds a valid learner's permit or a valid driver's license issued by the registrar may be enrolled in the programs. A licensed driver or qualified student driver of any age who is a resident of another state may be enrolled in the program if the person has a valid driver's license or learner's permit issued by another state. A program licensed under this section may accept, at its discretion, a driver who is a resident of a state that does not issue a learner's permit document if the program's administrator is satisfied that the student is legally qualified to operate as a student driver on the roadways of his state of residency. Instruction in a driver skills development program shall not be provided to a person under 18 years of age, whether the person holds a junior operator's license or learner's permit unless the person's parent or guardian has provided written consent to the program's administrator, except that an emancipated minor shall not be required to provide such written consent. No person shall be credited with the completion of a driver skills development program unless the program is licensed and a certificate of successful completion of the program has been submitted to the registrar. Motor vehicles used by such programs shall be equipped with safety belts for both the driver and instructor and no student may operate or ride in a vehicle unless the safety belt system is in place and each person is secured. The registrar shall provide for the periodic renewal of licenses issued under this section and for the revocation of those licenses and disciplining of licensees for good cause. The registrar shall assess the same fees for driver skills development programs and for instructors as established for licensed driving schools and instructors certified under section 32G. Licensees under this section shall issue certificates of completion to successful students so that the students may be eligible for insurance discounts that may be authorized by the commissioner of insurance. The parent or guardian of the student, or the student himself if he is an emancipated minor, may provide the registrar with evidence that the student has completed the program and the registrar shall waive 10 hours of the required 40 hours of parent or adult-supervised driving pursuant to section 8. The registrar may suspend, revoke or otherwise discipline a program or instructor licensed under this section who fails to comply with the rules and regulations promulgated by the registrar. The registrar may inspect the programs for compliance and shall require licensed programs and instructors to provide such information, documents and records as the registrar deems necessary to enforce this section and the regulations promulgated hereunder.