Chapter 19-139

DEPARTMENT OF TRANSPORTATION
Adoption of Chapter 19-139
Hawaii Administrative Rules
January 27, 2006
SUMMARY
Chapter 139 of Title 19, Hawaii Administrative Rules,
entitled "Driver Education Program Requirements is
adopted.

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
SUBTITLE 5
MOTOR VEHICLE SAFETY OFFICE
CHAPTER 139
Subchapter 1 General Provisions
Section 19-139-1 Purpose
Section 19-139-2 Definitions
Section 19-139-3 Procedure to obtain driver's license
for persons under eighteen years of
age
Section 19-139-4 Fees
Section 19-139-5 Third party examiners
SS 19-139-6 to 19-139-9 (Reserved)
Subchapter 2 Requirements for Driver Education
Instructors
Section 19-139-10 General provisions
Section 19-139-11 Certification courses for instructors
Section 19-139-12 Duties and responsibilities of driver
education instructors and other
providers
Section 19-139-13 Driver education instructor certificate
Section 19-139-14 Display of driver education instructor
certificate
Section 19-139-15 Denial or termination of driver
education instructor certificate
Section 19-139-16 Driver education vehicle requirements
Section 19-139-17 Driver education seal
DRIVER EDUCATION PROGRAM REQUIREMENTS

SSection 19-139-18 to 19-139-49 (Reserved)
Subchapter 3 Driver Education Instructor
Applicants; Criminal History Record;
Employment History; Background Check
Section 19-139-50 Definitions
Section 19-139-51 General rule
Section 19-139-52 Applicant duty to provide information
Section 19-139-53 Fingerprinting requirement
Section 19-139-54 Use of criminal history records results
Section 19-139-55 Current department of education
certified driver education
instructors
SS 19-139-56 to 19-139-99 (Reserved)
Subchapter 4 Certification Standards for Driver
Education Student Curriculum
Section 19-139-100 Driver education curriculum task force
Section 19-139-101 Administration of program
Section 19-139-102 General provisions
Section 19-139-103 On-line or Internet driver education
student curriculum
Section 19-139-104 behind-the-wheel student curriculum
Section 19-139-105 Motorcycle behind-the-wheel student
curriculum
Section 19-139-106 Driving simulator curriculum
Section 19-139-107 Monitoring of driver education and
behind-the-wheel program
effectiveness
S 19-139-108 Driver education facilities
Section 19-139-109 Driver education instructional
materials
Section 19-139-110 parent/ guardian involvement
5Section 19-139-111 to 19-139-124 (Reserved)
Subchapter 5 Certification Standards for Driver
Education Instructor Curriculum

Section 19-139-125 Driver education instructor curriculum
task force
Section 19-139-126 Objective of instructor curriculum
Section 19-139-127 Monitoring of driver education
instructor curriculum instruction
Section 19-139-128 Train the trainer course
SSection 19-139-129 to 19-139-149 (Reserved)
Subchapter 6 Driving Simulator Requirements
Section 19-139-150 General provisions
Sections 19-139-151 to 19-139-199 (Reserved)
Section 19-139-200 severability
Historical note. This chapter is based
substantially upon subchapters 2 through 7 of the
Rules Relating to the Examination of Applicants for
Issuance and Renewal of Motor Vehicle Driver's
and comp 11/30/02; R May 18, 2006
SUBCHAPTER 1.
GENERAL PROVISIONS
Section 19-139-1 Purpose. Subchapters 1 to 6
establish policies and procedures to establish a
statewide driver education and behind-the-wheel
driver training program for persons under the age
of eighteen applying for a Class It 2 or 3
of eighteen applying for a Class 1, 2, or 3
Revised Statutes. [Eff May 18, 2006] (Auth:
HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-2 Definitions. As used in
subchapters 1 through 6 r unless a different
meaning clearly appears from the context:

"behind-the-wheel" means driving instruction
in a vehicle by a certified instructor.
"behind-the-wheel student completion
certificate" means the form given to the student
who has successfully completed all requirements
for a behind-the-wheel driving course or a
certified driving simulator curriculum.
"Commercial school" means any for-profit
driving school or instructor.
"County" means the county agency having the
responsibility for administering the driver
licensing program.
"Curriculum" means the course of instruction
certified by the department for use in driver
education, simulator, and behind-the-wheel
driving courses.
"Department" means the state department of
transportation.
"Director" means the state director of
transportation.
"Driver education" means certified formal
classroom instruction, on-line or Internet course
on how to drive a motor vehicle, traffic laws,
and effective driving behaviors.
"Driver education instructor certificate"
means the card issued to an instructor who has
been certified by the department to conduct
driver education or behind-the-wheel driving
courses or both,
"Driver education student completion
certificate" means the document given to the
student who has successfully completed all
requirements for a driver education course
through a certified classroom course, or on-line
or Internet course -
"Driver training car" means a vehicle that
is used to teach behind-the-wheel driving.
"Dual control" means a vehicle that is
equipped with driving controls that can be

controlled by both the driver and the front seat
passenger.
"Instructor" means an individual who has
been issued a driver education instructor
certificate by the department to administer
driver education or behind-the-wheel driving
courses or both in accordance with the
requirements Of this chapter.
"On-line course" or "Internet course" means
an interactive driver education program available
on a computer through the Internet at approved
locations and consists of a certified driver
education curriculum.
"Private school" means any non-public
school.
"Public school" means any school
administered by the state department of
education,
"Simulator" means a fully interactive, high
performance driving simulation system consisting
of realistic driver controls with active force
feedback steering, a minimum of 150 degrees
forward field of view capable of a minimum 60 Hz
update rate, high fidelity vehicle dynamics,
fully articulated scenario vehicles, and driving
environments developed to meet accepted highway
design and sign standards. [Eff May 18, 2006
(Auth: HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-3 Procedure to obtain driver's
license for persons under eighteen years of age.
All persons under the age of eighteen, wishing to
receive a Class 1, 2, or 3 driver's license, in
addition to the requirements of chapter 286,
Hawaii Revised Statutes t and chapter 19-122,
Hawaii Administrative Rules, shall present a
driver education student completion certificate
and a behind-the-wheel student completion
certificate for the class of license sought, to

the examiner of drivers. [Eff May 18, 2006
(Auth: HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-4 Fees. (a) Students will be
responsible for paying all fees for driver
education, simulator, and behind-the-wheel
driving courses. The maximum fee charged by an
instructor for each student'shall not exceed:
(1) $250 per person for driver's education
classroom instruction;
(2) $100 per person for an on-line or
Internet course;
(3) $50 per hour for behind-the-wheel
driving lessons; and
(4) $250 per person for a simulator course.
Fees shall be reviewed biannually by
the department and shall be adjusted when the
consumer price index for transportation In the
state of Hawaii rises more than two per cent. in
the previ.ous two years. [Eff May 18, 2006
(Auth: HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-5 Third party examiners.
(Reserved).
SS 19-139-6 to 19-139-9 (Reserved).
SUBCHAPTER 2
REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS
Section 19-139-10 General provisions. (a) No
person'shall be certified as a driver education

or behind-the-wheel driving instructor unless the
applicant satisfies the following conditions:
(1) Possesses a valid Hawaii driver's
license with the classification and
endorsements required for operation Of
the class and type of motor vehicle
used in driver education;
(2) Has successfully completed a training
course certified, or subsequently
certified, by the department in
subchapter 5. Instructors who have
been certified by the department of
education within five years prior to
12/2/00, will be considered to have
successfully completed a department
certified course 5
(3) Subject to section 19-139-13 (h)
applicant has not had mare 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
(4) Has no driving under the influence Of
alcohol or drugs conviction within five
years prior to obtaining certification;
(5) Has no driver's license suspension,
revocation, cancellation, or
disqualification within three years
prior to obtaining certification;
(6) Is at least twenty-one years of age and
possesses the equivalent of a high
school diploma;
(7) Has had a valid driver's license
recognized by the State of Hawaii for
at least five consecutive years prior
to obtaining certification;

Section 19-139-10
(8) Meets the requirements of subchapter 3,
provided that "applicants" and
"employees" and "persons who have been
employed continuously by the department
of education on a salary basis prior to
July 1, 1990" as defined in chapter 8-
7, Hawaii Administrative Rules, may
meet this requirement by complying with
chapter 8-7, Hawaii Administrative
Rules. Upon the expiration of the
chapter 8-7 certification, " applicants"
and "employees" as defined in chapter
8-7, Hawaii Administrative Rules, must
recertify according to subchapter 3;
and
(9) Has effective communication skills; is
capable of assessing and observing
appropriate student behavior; is
capable of engaging students in
meaningful driver education activities;
and models positive driving behaviors.
(b) Application for instructor
certification shall be made on a form supplied by
the department which shall require the following
information and attachments:
(1) Full name, residence and business
address(es), telephone and fax
number (s), and email address (if any);
(2) A copy of original Social security
card;
(3) A certified copy of the applicant's
birth certificate;
(4) A copy of the person's:
(A) Driver's license;
(B) High school diploma or equivalent
and
(C) Driver education instructor
certificate i
(5) An original traffic abstract;
(6) Proof of insurance in the amounts

described in sections 19-139-13 (g) and
19-139-16;
(7) A certified or sealed copy of a Hawaii
criminal history record check showing
convictions, and proof of application
for a FBI criminal history record check
ag defined in subchapter 3;
(8) A statement agreeing to indemnify,
defend, and hold harmless the
department and the county from
liability resulting from the
instructor's teaching of driver' s
education or behind-the-wheel driving
courses;
{9) Employment history for the ten years
prior to the date of the application,
with names f addresses, and telephone
numbers of current and former employers
that are listed;
(10) State general excise tax number and tax
clearance;
(11) Two 2" x 2" photos;
(12) A sworn statement indicating:
(A) Whether the person ever had a
teaching certificate or other
professional license revoked or
not renewed;
(B) Whether the person within the past
ten years was suspended, fired,
asked to resign from employment
or separated from military service
under conditions other than
honorable;
(c) Whether the person had been
convicted of a crime, other than a
minor traffic offense involving a
fine of $50 or less;
(D) Whether the person had been
diagnosed as having a mental or
emotional condition which may

affect the person's ability to
responsibly manage, supervise,
control, and interact with
children;
(E) A detailed explanation for each of
the items in clauses (A) through
(E) when applicable; and
(F) Names addresses and phone numbers
of at least five persons who can
attest to the good character of
the applicant. [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp: HRS
Section 286-108.4)
Section 19-139-11 Certification courses for
instructors. All applicants for certification as
instructors must complete a course in driver
education and behind-the-wheel teaching methods
that has been certified, or subsequently
certified, by the department:
(1) courses that are offered by the
University of Hawaii to certify driver
education instructors for the
department cf education are pre-
approved to meet the requirements of
this section.
(2) The curricula of other instructor
training courses shall be submitted to
the department for review and
certification by a task force
established by the department and
certification by the director, as
provided in subchapter 5 - [Eff
May 18, 2006] (Auth: HRS Section 286-
108.4) (Imp: HRS Section 286-108.4)
Section 19-139-12 Duties and responsibilities of
driver education instructors and other providers.

The duties and responsibilities of driver
education instructors and other providers shall
be as follows:
(1) Conduct instruction in accordance with
the requirements of this chapter;
(2) Maintain records of all students taught
for five years Each record shall
include
(A) Student's complete name, address
and birth date;
(B) Student' s permit or driver license
number with the jurisdiction that
issued the license, if applicable;
(C) Dates the student took and
completed the course and
attendance record;
(D) A copy of the written contract, if
applicable, with any person being
taught including amounts charged
for the course (s); and
(E) A notarized statement from a
parent or guardian received by the
driver education instructor or
provided prior to the issuance of
the behind-the-wheel student
completion certificate, stating
that the applicant has completed
forty hours of daytime driving and
ten hours of nighttime driving
supervised by a licensed driver
over the age of eighteen.
Applicants for a Class 1 or 2
license are exempt from the ten
hours of nighttime supervised
driving;
(3) Issue a driver education student
completion certificate or behind-the-
wheel student completion certificate or
both when all requirements of this
chapter have been successfully

completed;
(4) Be in full compliance with all
department rules; and
(5) Cooperate fully with the department in
the investigation of any complaint
relating to their certification as an
instructor under this chapter. Failure
to do so will result in the termination
of the driver education instructor
certificate as required in section 19-
139-15.
(b) The duties and responsibilities of
driver education instructors shall also be as
follows:
(1) Participate in professional development
courses, including driver education
courses, workshops, seminars i
(2) Notify the department of any changes
that would disqualify them from meeting
the requirements of section 19-139-10.
Failure to do so shall result in
termination of the driver education
instructor certificate ag required in
section 19-139-15; and
(3) Utilize a vehicle for behind-the-wheel
training that meets the requirements of
section 19-139-16. (Eff
May 18, 2006] (Auth: HRS Section 286-
108.4) (Imp: HRS Section 286-108.4)
Section 19-139-13 Driver education instructor
certificate. (a) A driver education instructor
certificate will be issued authorizing the
instructor to conduct driver education or behind-
the-wheel driving courses or both.
(b) The driver education instructor
certificate will be granted upon satisfactory
completion of a training course certified, or
subsequently certified, under section 19--139-11

and when all requirements in section 19-139-10,
have been met.
(c) The driver education instructor
certificate shall be non-transferable.
(d) Subject to section 19-139-13 (h), the
driver education instructor certificate is
renewable annually for four years with the
submi t tal of a traffic abstract that records no
more than one moving traffic violation within the
past year, not more than two moving traffic
violations within the past three years; and not
more than three moving violations within the past
five years; a state tax clearance; and proof of
general liability and vehicle insurance.
(e) Every fifth year, the certificate will
be renewed:
(1) Upon completion of all requirements in
section 19-139-10; and
(2) Upon completion of a professional
development course approved by the
department.
(f) It is the responsibility of the
certificate holder to initiate the renewal
process
(g) The instructor shall provide the
department a certificate of liability insurance
covering commercial general liability in the sum
of one million dollars, in a form and with
provisions satisfactory to the department f
listing the State of Hawaii and the counties as
additional insureds.
(h) If a certified instructor receives
(1) One moving traffic violation in one
year, the instructor shall be sent a
warning letter by the department i
(2) If the instructor receives two moving
traffic violations within three years,
the instructor's certificate shall be
suspended for three months;
(3) If the instructor receives three moving

traffic violations within five years,
the instructor's certificate shall be
suspended for six months;
(4) If the instructor receives four moving
traffic violations within ten years,
the instructor's certificate shall be
terminated. [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp: HRS
Section 19-139-14 Display of driver education
instructor certificate. All instructors shall
display their driver education instructor
certificate to their students in the vehicle
during the time of instruction. [Eff
May 18, 2006] (Auth: HRS Section 286-108.4) (Imp:
HRS Section 286-108.4)
Section 19-139-15 Denial or termination of driver
education instructor certificate. (a") The
department may deny any application for a driver
education instructor certificate upon any of the
following grounds:
(I) Failure to comply with ar satisfy any
of the requirements of this chapter; or
(2) Falsification of any information
provided to the department.
(b) Any instructor may voluntarily
terminate a driver education instructor
certificate by returning the certificate to the
department with a signed letter of explanation.
(c) The department may revoke, suspend,
cancel, or terminate the driver education
instructor certificate and require the return of
the certificate upon any of the following
grounds:
(1) Failure to comply with or satisfy any
of the requirements of this chapter;

(2) Falsification of any records or
information required by thig chapter or
otherwise relating to driver education;
(3) Commission of any act which endangers a
student;
(4) Driver license suspension, revocation,
cancellat ion, or disqualifications;
(5) Inappropriate behavior directed toward
a student by the instructor;
(6) Mental or physical incapacity;
(7) Unsatisfactory criminal history record
check; or
(8) Moving traffic violations as descri.bed
in section 19-139-13 (h).
(d) The department may allow the instructor
to cure any deficiency, if curable, within thirty
days of receipt of notice by the department.
(e) Any applicant whose application has
been denied by the department or whose driver
education instructor certificate has been
suspended, revoked, canceled, or terminated and
who has not cured the deficiency may within ten
calendar days after receiving the notice of
denial, suspension, revocation, cancellation, or
termination appeal the department' s action by
submitting to the department a written request
for an administrative review of the decision by
the department. The request shall state the
reasons why the application should not be denied,
suspended, revoked, or terminated. Upon such
request, the department shall respond in writing
with an administrative review decision within
thirty calendar days- Failure to request a
review within ten calendar days after receiving
the notice of denial, suspension, revocation, or
termination of the application or driver
education instructor certificate shall be deemed
a waiver of a right to appeal.
(f) Any person aggrieved by the
administrative review decision of the department

may, within ten calendar days of the date of the
decision, submit a written appeal of that
decision to the department. The department may
hold hearings on a timely appeal in accordance
with ch 91, Hawaii Revised Statutes. [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp:
HRS Section 286-108.4)
Section 19-139-16 Driver education vehicle
requirements. All vehicles used in behind-the-
wheel driving courses must meet the following
minimum standards:
(1) The vehicle must have a current motor
vehicle registration and safety check.
(2) The vehicle must be in good working
condi tion.
(3) The vehicle must be equipped with dual
brakes and instructor' s eye check
mirrors
(4) The vehicle must display a "Student
Driver" sign in a prominent location on
the vehicle when the vehicle iG used in
instruction.
(5) The vehicle must be covered by
insurance in a form and with provisions
satisfactory to the department,
including as a minimum:
(A) Bodily injury-$100,000 per
person, $300, 000 per occurrence;
and
(B) Property damage-$20,000 per
occurrence.
The insurance policy must name the
State of Hawaii and the counties as
additional insureds unless the
insurance coverage requi red by this
section is included in the commercial
general liability policy required by
section 19-139-13 (g).

(6) All persone in the vehicle must use
occupant protection at all times - [Eff May 18, 2006]
May 18, 2006] (Auth: HRS Section 286-
108.4) (Imp: HRS Section 286-108.4)
Section 19-139-17 Driver education seal. The
department will issue each certified instructor a
driver education seal which the certified
instructor shall use to place a seal upon the
driver education student completion certificate
or the behind-the-wheel student completion
certificate. The director may charge instructors
a refundable deposit of up to $100 for the seal.
The deposit, if any, shall be returned when the
seal is returned to the department. May 18, 2006
(Auth: HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Sections 19-139-18 to 19-139-49 (Reserved)
SUBCHAPTER 3
DRIVER EDUCATION INSTRUCTOR APPLICANTS; CRIMINAL
HISTORY RECORD; EMPLOYMENT HISTORY; BACKGROUND
CHECK
Section 19-139-50 Definitions. As used in this
subchapter:
"Affected individual" means the person to
which a Federal Bureau of Investigation (FBI)
identification record pertains
"Applicant:" means a person'seeking
certification as a certified driver education
instructor according to the requirements of
subchapter 2.
"Arrest records" means criminal history
information obtained from sources other than the
FBI pertaining to arrests for alleged criminal
behavior.

"Background information" means information
pertaining to a person's behavioral history that
may indicate a significant risk to the health,
safety, or well-being of children.
"Children" means students enrolled in driver
education or behind-the-wheel driving courses
certified by the department in subchapter 4
"Clean criminal history record" means that
an individual' s criminal history record check
shows no indication of criminal behavior
"Criminal conviction record" means criminal
history information obtained from sources other
than the FBI pertaining to an individual' s
conviction of a crime.
"Criminal history" means information about a
person's actual or alleged criminal offense (s)
"Criminal history record" means evidence of
a person's actual or alleged criminal offense (s)
(arrests, convictions and supporting information)
on file with law enforcement agencies, courts,
the Hawaii criminal justice data center r or in
the national criminal history record files.
"Criminal history record check" means an
examination or search for evidence of an
individual ' s criminal history by means of;
(1) A search for the individual's
fingerprints in the national criminal
history record files and, if found, an
analysis and any other information
available pertaining thereto; and
(2) A criminal history record check
conducted through the files maintained
by the Hawaii criminal justice data
center.
"Department" means the department of
transportation..
"Driver education instructor certificate"
means the card issued to an instructor who has
completed all requirements and has been certified
by the department to conduct driver education or

behind-the-wheel driving courses or both as
defined in subchapter 4.
"Employment history" means Information
relating to a person's past work experiences.
"FBI identification record" means a listing
of certain information taken from fingerprint
cards submitted to and retained by the FBI in
connection with arrests and, in some instances,
includes information taken from fingerprint cards
submitted in connection with federal employment,
naturalization, or military service. The FBI
identification record is often referred to as a
"rap sheet". The identification record includes
the name of the agency or institution which
submitted the fingerprint card to the FBI. If the
fingerprint card concerns a criminal offense, the
identification record includes the date arrested
or received, the arrest charge, and the
disposition of the arrest if known to the FBI.
All arrest data included in an identification
record are obtained from fingerprint cards,
disposition reports and other reports submitted
by agencies having criminal justice
responsibilities. Therefore, the FBI
Identification Division is not the source of the
arrest data reflected on an identification
record.
"FBI rules to correct the FBI identification
record" means regulations published in the
Federal Register by the FBI pertaining to the
procedure for the affected individual to obtain,
review, and request change, correction or
updating of any alleged deficiency t.-o the FBI
identification record
"Fingerprinting" means the recording of a
person's fingerprints using conventionally
accepted equipment and procedures to satisfy the
quality, readability and specifications of the	FBI's criminal history record checking
requirements. [Eff May 18, 2006] (Auth:

HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-51 General rule. (a) Applicants
who work in close proximity to children shall be
of reputable and responsible character.
(b) The department may refuse to issue a
driver education instructor certificate to, may
terminate the driver education instructor
certificate of, or may revoke the driver
education instructor certificate of any applicant
who has a criminal history record, employment
history, or background involving violence,
alcohol or drug abuse, sex offense, offense
involving children or any other circumstance
which indicates that the applicant may pose a
risk to the health, safety, or well -being of
children. The refusal, termination, or revocation
action may be based on:
(1) Conviction of a crime which indicates
that the person poses a risk to the
health, safety, or well -being of
children (the type of criminal offense t
when it occurred, and evidence of
rehabilitation may be considered in
determining whether the criminal
history record indicates a risk to
children);
(2) Other information or evidence which
reflect upon the character and fitness
of the person which indicates that the
person poses a risk to children;
(3) Failure to accurately and fully
complete and submit certification
application documents; or
(4) Failure to declare, concealing, or
falsifying criminal history, employment
history t or background information to
the department - [Eff May 18, 2006

(Auth: HRS Section 286-108.4) (Imp: HRS
S28G108.4)
Section 19-139-52 Applicant duty to provide
information. (a) Except as otherwise specified
or exempted from criminal history record check
requirements, any person who teaches driver's
education or seeks certification as a driver
education instructor with the department in
a position which places that person in close
proximity to children is required to provide to
the department:
(1) An accurately and fully completed
certification application with all
requested information and documents
including employment references; and
(2) A written consent for the department to
obtain information from current and
past employers and references.
(b) Applicants shall cooperate fully and
make every reasonable effort to provide
information and comply with fingerprinting and
other related requirements when so notified and
instructed by the department or its
representative agents. The department may refuse
to certify, or may terminate the driver education
instructor certificate or both of any person who
wilfully fails to cooperate or fails to provide
the requested information. [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-53 Fingerprinting requirement. The
department: shall require all applicants to
undergo fingerprinting to conduct criminal
history record checks ag may be accommodated by
the Hawaii criminal justice data center.
Applicants must pay all charges for
fingerprinting and for the criminal history

record. Applicants shall cooperate fully and
make every reasonable effort to comply with
fingerprinting and other requirements when so
notified and instructed by the department or its
representative agents. The department may refuse
to certify and may terminate the driver education
instructor certificate of any person who wilfully
fails to comply or cooperate fully with
fingerprinting requirements. 18
(Auth: HRS Section 286-108.4) (Imp:
HRS Section 286-108.4)
Section 19-139-54 Use of criminal history records
results, (a) Information obtained from criminal
history record checks shall be used exclusively
by the department for the purpose of determining
whether or not a person is suitable for working
in close proximity to children- Use and release
of such information obtained from the FBI shall
be subject to federal laws and regulations.
(b) The department may disclose information
that an affected individual's criminal history
record check shows a clean criminal history
record - Federal law (28 U.S.C. S534) otherwise
prohibits the disclosure of criminal history
information obtained from the FBI. An FBI
identification record and information contained
therein, however, may be disclosed to the
affected individual when explaining decisions or
contemplated decisions resulting in refusal to
certify an applicant for a driver education
instructor certificate or termination of a driver
education instructor certificate. Information
from an FBI identification record may also be
disclosed to a legal representative of the
applicant with the consent of the affected
individual and may also be displayed, with the
consent of the affected individual, at an

administrative hearing to resolve issues
concerning the record's content and use. If
desired, the affected individual may also request
the correction of FBI criminal history
information by following FBI rules to correct the
FBI identification record.
(c) Criminal history information obtained
from sources other than the FBI may be
categorized into criminal convictions and arrest
records. Criminal convictions are considered
public records and may be disclosed to the
general public. Arrest records are private and
shall not be released by the department except in
the process of verifying the disposition af the
arrests t or as otherwise required by law.
Information regarding a person's arrest records
for offenses that may pose a risk to the health,
safety, or well-being of children may be used as
the basis to delay driver education instructor
certificate decisions or for the suspension of a
driver education instructor certificate pending
further inquiry and investigation. Arrest
records shall not be used as the sole basis to
refuse a driver education instructor certificate.
[Eff May 18, 2006] (Auth: HRS Section 286-108.4)
(Imp: HRS Section 286-108.4)
Section 19-139-55 Current department of education
certified driver education instructors.
Individuals, who hold driver education
certificates issued by the department of
education within five years prior to 12/2/00, are
subject to the requirements of this subchapter,
if required in subchapter 2, upon the expiration
of their current certificate and upon applying
for a new certificate as required in subchapter
2. [Eff May 18, 2006] (Auth: HRS Section 286-108.4)
(Imp: HRS Section 286-108.4)

SSection 19-139-56 to 19-139-99 (Reserved)
SUBCHAPTER 4
CERTIFICATION STANDARDS FOR
DRIVER EDUCATION STUDENT CURRICULUM
Section 19-139-100 Driver education curriculum
task force. A task force appointed by the
director shall establish minimum requirements for
driver education student curricula and recommend
to the director the certification of driver
education, simulator J and behind-the-wheel
curricula. The director may certify such
curricula. The task force shall be composed cf a
representative of the department of education, a
public school driving instructor, a commercial
driving school instructor, a county examiner of
drivers, and the department. All curricula shall
be reviewed by the department every five years to
assure that they are relevant. [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp:
HRS Section 286-108.4)
Section 19-139-101 Administration of program. No
driver education student curriculum shall be
certified unless:
(1) Curriculum is available and in use
during all training phases
(2) Lesson plans are clearly written with
student-centered activities;
(3) Curriculum is administered during a
minimum of:
(A) Thirty hours Of classroom instruction;
or
(B) An on-line or Internet course
which contains a minimum of six
hours of course content;

(4) behind-the-wheel curriculum is
administered during a minimum of:
(A) Six hours of behind-the-wheel
instruction; or
(B) A simulator course and two hours
of behind-the-wheel driving
instruction;
(5) The program cannot be completed in less
than six weeks;
(6) A maximum of three students are present
during any behind-the-wheel session.
(A) If there is one student, there is
a maximum of one and one-half
hours of behind-the-wheel driving
during an in-vehicle session;
(B) If there are two or three
students r there is a maximum of
one and one-half hours behind- the-
wheel driving time per student
during an in-vehicle session;
(7) All modules are introduced during
classroom sessions and reinforced
during all training phages;
(8) All modules consist of concepts that
are structured and presented in simple
to complex building blocks;
(9) A student cannot progress to the next
module of instruction until the student
reaches a certain level of proficiency;
(10) The program coordinates in-vehicle
activities with parent or tutor
sessions; and
(11) Appropriate testing shall occur
throughout all courses to test the
knowledge of the student. [Eff May 18, 2006]
(Auth: HRS Section 286-
108.4) (Imp: HRS Section 286-108.4)

Section 19-139-102 General provisions. To obtain
certification by the department, all driver
education classroom, on-line, and Internet course
curricula shall contain the following
instructional elements:
(1) The curriculum prepares students for
achievements in social wellness, visual
skills for awareness, information-
processing and decision-making, risk
prevention management, vehicle control
vehicle correction skills, and
performance excellence;
(2) The development and habitualization of
positive behavioral patterns is
emphasized;
(3) All driving skills are introduced and
practiced through hands-on classroom
training to ensure in-car success
{4) Students also learn driving skills
often referred to as advanced, such as
off-road recovery and skid prevention,
detection, and correction;
{5) Students learn how to evaluate driving
situations and make low-risk decisions;
(6) Risk versus gain relationships
associated with driving are defined and
explored;
(7) Risk perception, prevention, and
management is presented as a function
of time and space control;
(8) Activities are utilized to promote
effective student involvement in risk
management and problem solving;
(9) Students learn how behavioral,
sociological and psychological factors
influence driving;
(10) The physiological effects of alcohol
and other drugs, including nicotine and
caffeine, on driver performance are
explored;

(11) The effects of fatigue and other
physical impairments on driver
performance are studied;
(12) Conflict resolution skills are
presented in relation to on-road
situations;
(13) Activities are conducted to demonstrate
the problems associated with driver
inattentiveness;
(14) Activities are conducted to help
students recognize the stages of anger
and how to manage them;
(15) Various forms of technology and media
are used to reinforce driver behavioral
patterns;
(16) Students learn how to positively
influence their peers and how to avoid
negative peer influence;
(17) Students learn the value of occupant
protection and vehicle readiness;
(18) Classroom activities demonstrate the
importance of a student's
responsibility both as a citizen and a
driver;
(19) Students are able to understand the
basic laws and rules of the road*
Hawaii' e traffic laws, and their
liability as drivers;
(20) Students participate in activities to
learn the limitations of motor vehicles
and of drivers; and
(21) All driver education course curricula
must contain, as a minimum, instruction
on driving responsibilities; signs,
signals t and roadway markings; basic
car control; making safe driving
decisions; controlling the vehicle;
basic car maneuvers; negotiating
intersections; sharing the roadway;
driving in different environments and

situations; driving in urban areas,
rural areas, and high speed highways or
freeways; adverse conditions i
emergencies; being a responsible
driver; effects of driver condition on
risk taking; alcohol and other drugs;
and defensive driving strategies [Eff May 18, 2006]
(Auth: HRS Section 286-
108.4) (Imp: HRS Section 286-108.4)
Section 19-139-103 On-line or Internet driver
education student curriculum. The department may
certify on-line or Internet course curricula to
qualify students for completion of a driver
education student completion certificate. The
curricula shall meet all requirements as
established in this chapter, and in addition,
include a technical description of the course,
including, but not limited to, provider services
and support, course design, and course security.
A provider of on-line or Internet driver
education courses shall put in place the
appropriate procedures, measures, and controls to
validate student identity during performance of
the course work. [Eff May 18, 2006] (Auth:	]
HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-104 Behind-the-wheel student
curriculum. (a) To obtain certification by the
department, all behind-the-wheel student
curricula shall contain, as a minimum,
instruction in the following skills:
(1) Introduction to driving- -pre-start,
starting the engine, putting the
vehicle in motion, stopping, turns;
(2) Basic maneuvers including lane control,
lateral maneuver-move into traffic,
backing straight, backing left and

right, lane changing;
(3) Residential driving-three-point
turnabout, turns, scanning skills,
blind spots
(4) Rural driving-following distancer
pass ing;
(5) City driving-angle parking
perpendicular parking, parallel
parking, curbside parking, uphill and
downhill parking; and
(6) Freeway and highway driving-merging
exiting, lane changing, following
distance.
(b) If the student is using a simulator to
partially meet the requirement for a behind- the-
wheel student completion certificate, the behind-
the-wheel driving curriculum must include the
requirements of subsection (a) (3) and (5).
(c) The curriculum shall algo contain, as a
minimum, the following instructional elements:
(1) The development of driver behavioral
patterns ie reinforced;
(2) Legal and social aspects of driving are
incorporated into sessions;
(3) Route plans are structured and used to
effectively experience behavioral
patterns and to demonstrate various
driving situations and circumstances;
(4) Structured route plans include freeway
or high-speed highway driving;
(5) Vehicle prevention, detection, and
correction training is experienced
using technology t such as a simulator,
if available;
(6) The student is sufficiently prepared to
demonstrate the correct modeling of
driving behaviors for the teacher;
(7) Advanced driver training concepts are	reviewed during regularly scheduled
lessons. [Eff May 18, 2006]

(Auth: HRS Section 286-108.4) (Imp: HRS
HRS Section 286-108.4)
Section 19-139-105 Motorcycle behind-the-wheel
student curriculum, To obtain certification by
the department, all motorcycle behind-the-wheel
curricula shall meet the requirements of section
431:10G-104, Hawaii Revised Statutes and
subchapter 4 of Chapter 19-123, Hawaii
Administrative Rules (Certification Standard for
Rider Education Student Curriculum). (Eff
(Auth: HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-106 Driving simulator curriculum.
To obtain certification by the department, all
driving simulator curricula shall contain the
following instructional elements:
(1) Content is consistent with the
requirements of section 19-139-104, as
practicable;
(2) Content is presented with an emphasis
on behavioral patterns rather than on
task completion;
(3) The simulator reinforces previous
learning and continues to prepare
student for in-vehicle training;
(4) The simulator acts as a tool to monitor
and measure the effectiveness of
student learning in the classroom to
ensure student vehicle readiness;
(5) Simulators meet all of the requirements
of subchapter 6 and are in good working
condition;
(6) The curriculum must be integrated with
driver education classroom curricula;
(7) The provider of the simulator
curriculum shall communicate to the
parents or guardians, how to integrate
simulator instruction with practice

behind-the-wheel driving; and
(8) The provider of the simulator
curriculum shall provide the student
with a simulator completion certificate
that the student'shall give to the
behind-the-wheel instructor - This
certificate shall fulfill. four hours of
the required six hours of behind-the
wheel instruction.
(b) The department may certify driver
simulator curricula to qualify students to
satisfy four hours of the behind-the-wheel
requirement for a student completion certificate.
[Eff May 18, 2006] (Auth: HRS Section 286-108.4)
(Imp: HRS Section 286-108.4)
Section 19-139-107 Monitoring of driver education
and behind-the-wheel program effectiveness. The
department has the right to monitor all driver
education, behind-the-wheel t and simulator
courses and certified instructors at any time to
assure that the certified curriculum is being
taught. Anyone found to not be in compliance
with the requirements of this chapter shall have
their certificate terminate in accordance with
section 19-139-15. [Eff May 18, 2006] (Auth:
HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-108 Driver education facilities.
All facilities in which driver education courses
are taught shall be clean, safe, appropriate, and
maintain a comfortable climate. Driver education
facilities must adhere to county zoning laws.
Classroom courses may not be taught in a
residence, unless the classroom is physically
separated from the Living area. [Eff
May 18, 2006] (Auth: HRS Section 286-108.4) (Imp:
HRS Section 286-108.4)

Section 19-139-109 Driver education instructional
materials. All driver education instructional
materials shall be curriculum appropriate and
available to all students. Textbooks and videos
shall be effective and relevant resources used to
enhance the curriculum, A variety of materials
shall be utilized and may include computer
generated slides, videos, and transparencies.
[Eff May 18, 2006] (Auth: HRS Section 286-108.4)
(Imp: HRS Section 286-108.4)
Section 19-139-110 Parent/guardian involvementnt -
Communicati.on with the parents or guardians shall
be evident in all driver education curricula.
(1) Instructional materials shall be
provided to the parent or guardian
describing the driver education course
and how their involvement will help
their student develop good driving
habits;
(2) Parents or guardians shall be provided
information on how to remain calm, give
commands r keep the car in control, and
provide positive feedback when
conducting behind-the-wheel practice
with their teenagers; and
(3) Parents or guardians shall be provided
in-car support materials defining what
to focus and when to practice.
May 18, 2006] (Auth: HRS Section 286-
108.4) (Imp: HRS Section 286-108.4)
SSection 19-139-111 to 19-139-124 (Reserved)
SUBCHAPTER 5
CERTIFICATION STANDARDS FOR DRIVER EDUCATION
INSTRUCTOR CURRICULUM

Section 19-139-125 Driver education instructor
curriculum task force A task force appointed by
the director of transportation shall establish
minimum requirements for driver education
instructor curricula and recommend certification
to the director. The director may certify such
curricula, The task force shall be composed of a
representative of the department of education, a
public school driving instructor, a commercial
driving school instructor, a county examiner of
drivers, and the department. All curricula shall
be reviewed by the department every five years to
assure that they are relevant. [Eff
May 18, 2006(Auth: HRS Section 286-108.4) (Imp:
HRS Section 286-108.4)
Section 19-139-126 Objective of instructor
curriculum. (a) All driver education instructor
classroom curricula shall contain content in
classroom methods and principles in teaching
driver education to prepare an instructor to
carry out the driver education program as
described in this chapter. The content shall
prepare the instructor to:
(1) List the purposes of, and convey the
concepts of traffic and safety
education to others;
(2) Demonstrate the use of various
educational methods, theories, and
concepts in teaching the classroom
phase of a high school driver education
course;
(3) Demonstrate knowledge of the many and
varied aspects of the driving task;
(4) Develop units of instruction, based
upon the state regulations for driver
education, which are in psychologically
sound sequence, and meet student needs
in the classroom;

(5) Develop instructional materials and
activities which facilitate the
attainment of the performance sought in
the classroom;
(6) Define and describe the nature of the
driving task in the highway
transportation system;
(7) Solve administrative problems after an
analysis of such problems are presented
in the classroom;
(8) Select, design, and evaluate devices
which measure the abilities Of
classroom and laboratory driver
education teachers;
(9) Establish and maintain a viable program
organization including enrollment,
scheduling, records and reports;
(10) Manage traffic and safety education
facilities and appropriate budget
allocations for model programs;
(11) Identi.fy means by which traffic and
safety education programs may
positively influence public opinion
concerning traffic and safety
education;
(12) Plan a complete course of instruction
with outlines, lesson plans, and
evaluation instruments; and
(13) All curricula should contain specific
information on the Hawaii Motor Vehicle
Code, concepts of accident causation
and countermeasures, traffic safety
education classroom instruction
techniques, and administration of a
driver education program.
(b) All behind-the-wheel driving instructor
curricula shall prepare instructors to teach the
laboratory phases of traffic safety education,
including the aims, objectives, methods,
materials, and techniques of teaching traffic

simulation, and in-car instruction. The content
shall prepare the instructor to:
(1) Define and explain in depth the
philosophy and rationale of the various
laboratory concepts presented in the
course;
(2) Verbalize the in-car sequence and
identify the objectives, rationale and
management forces that influence lesson
preparation;
(3) Develop lesson plans using behavioral
objectives and teach effectively from
these lesson plans in all phases of the
course; and
(4) The curriculum should specifically
cover the aims and purposes of behind-
the-wheel instruction in driver
education, including development of
driver competencies, controlled and
sequential nature of instruction, entry
level proficiencies, perception skills,
human functions, driving strategies,
understanding limitations, dual control
concepts, basic control tasks, traffic
flow tasks, teaching methods and
techniques, lesson plan development,
instructional aids, selection of
instructional experience, planning and
implementing instruction r techniques
for traffic simulation and multiple
vehicle concepts, role of the
instructor, student and teacher
interaction, and teaching activities.
[Eff May 18, 2006 ] (Auth: HRS Section 286
108.4) (Imp: HRS Section 286-108.4)
Section 19-139-127 Monitoring of driver education
instructor curriculum instruction. The
department has the right to monitor all driver

education instructor courses at any time to
assure that the certified curriculum is being
taught. Anyone found to not be in compliance
with the requirements of this chapter shall have
their certificate terminated in accordance with
section 19-139-15. May 18, 2006 ] (Auth:
HRS Section 286-108.4) (Imp: HRS Section 286-108.4)
Section 19-139-128 Train the trainer course. The
director shall certify the curricula for a train
the trainer course for driver education
instructors. The curricula must meet national
standards set by the American Driver and Traffic
Safety Education Association (ADTSEA). [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp:
SS19-139w129 to 19-139-149 (Reserved)
SUBCHAPTER 6
DRIVING SIMULATOR REQUIREMENTS
Section 19-139-150 General provisions. Providers
of driving simulator education courses must be
able to demonstrate a capability to deliver,
maintain, and ad-minister a statewide high
performance simulation training system for driver
education:
(1) A provider of simulation driver
education courses shall put in place
the appropriate procedures, measures
and controls to validate student
identity during performance of the
course work;
(2) A provider of simulation driver
education courses shall provide
availability and access to the

simulation device such that students are
able to complete the course in a
reasonable amount of time once they have
registered;
(3) A driving simulation device used to
satisfy training requirements OF a
simulation course shall conform to the
following characteristics:
(A) The simulator shall be fully
interactive as def ined by taking in
operator control inputs, processing
them with a high-fidelity dynamics
model, and displaying the resulting
vehicle state;
(B) The system shall be capable of
maintaining a 60 Hz visual update
rate in a fully populated, dynamic
driving scenario;
(c) The simulator shall provide active
steering force feedback;
(D) The simulator shall present a
minimum of 150 degrees forward
field-of -view (FOV);
(E) The simulator shall include fully
articulated scenario vehicles with
independent dynamics and tire
articulation;
(F) The simulator shall support real
time driving performance
monitoring, presentation of
feedback, and storage of training
performance data; and
(G) The simulator shall simulate Hawaii
driving conditions and environment.
[Eff May 18, 2006 ) (Auth: HRS
Section 286-108.4) (Imp: HRS Section 286-108.4)
5Section 19-139-151 to 19-139-199 (Reserved)

Section 19-139-200 Severability. If any section or
part of this chapter is held invalid for any reason,
the invalidity shall not affect the validity of the
remaining sections or parts of this chapter [Eff May 18, 2006]
(Auth: HRS Section 286-108.4) (Imp: HRS

DEPARTMENT OF TRANSPORTATION
Chapter 19-139 t Hawaii Administrative Rules,
on the Summary Page dated January 27, 2006, was
adopted on January 27, 2006, following public
hearings held on December 14, 15, and 16, 2004,
after public notice was given in the Honolulu
Star-Bulletin, Hawaii Tribune-Herald, West Hawaii
Today, The Maui News, and The Garden Island on
November 7, 2004.
The adoption of chapter 19-139 shall take
effect ten days after filing with the Office of
the Lieutenant Governor.