(a) The Bureau shall develop standards for, establish, and administer the Virgin Islands Motorcycle Safety Education Program.
(b) The program must provide mandatory rider training courses for novice riders in sufficient numbers and at locations throughout the territory as necessary to meet the anticipated needs and requirements of residents who seek to operate a motorcycle in the territory.
(c) The program must include rider training courses for experienced riders, activities to increase motorcyclists' alcohol and drug effects awareness, motorcycle driver improvement efforts, motorcycle licensing improvement efforts, program promotion activities, and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles.
(d) The Director shall appoint a Program Coordinator to oversee and direct the program.
(e) Standards for the motorcycle rider training courses, including standards for course content, delivery, curriculum, materials, student evaluation, quality assurance and training, professional development and approval of instructors must comply with the requirements of this section and must meet or exceed nationally recognized standards prescribed by the Motorcycle Safety Foundation.
(f) Rider Training Courses. The program must offer motorcycle rider training courses at a fixed location, such as the University of the Virgin Islands, designed to develop and instill the knowledge, attitudes, habits and skills necessary for the proper operation of a motorcycle. The courses must be taught only by instructors approved under this section.
(1) Rider training courses must be open to any legal resident of the territory, as defined in 18 V.I.C. § 262, who either holds a valid driver's license for any classification or who is eligible for a motorcycle learner's permit.
(2) The Bureau shall issue certificates of completion in a manner and form prescribed by the Director to persons who satisfactorily complete the requirements of a motorcycle rider training course offered or authorized by the territory's program.
(3) The Bureau may exempt applicants for a motorcycle operator's license or endorsement from the licensing skill test, if they present satisfactory evidence of successful completion of an approved rider training course.
(g) Instructor Training and Approval. The Bureau shall approve instructors for the motorcycle rider training courses. No person may be approved as an instructor unless the person meets the requirements of this section and regulations of the Bureau or unless the person holds a valid instructor certification issued by the Motorcycle Safety Foundation.
(1) The program must offer instructor training courses as needed to prepare instructors to teach the motorcycle rider training courses. Successful completion of the instructor training course requires the participant to demonstrate knowledge of the course material, knowledge of proper motorcycle operation, motorcycle riding proficiency, and the necessary aptitude for instructing students. No person may be approved as an instructor unless the person has successfully completed the instructor training course or an equivalent course offered in another jurisdiction.
(2) The Bureau shall establish additional requirements for the approval of instructors, including but not limited to the following:
(A) The person must have a high school diploma or its equivalent;
(B) The person must be at least 21 years of age and hold a valid motorcycle operator's license or endorsement;
(C) The person must have at least three years of recent motorcycle riding experience;
(D) The person's driver's license must not have been suspended or revoked at any time during the preceding two years for any offense;
(E) The person must not have been convicted of a felony; and
(F) Notwithstanding requirements paragraph (2) of this subsection, the final approval of instructors is determined by the Director, whose decision is final.
(3) In the case of a nonresident, the Bureau shall obtain and review the person's driving record from the jurisdiction where the person is licensed prior to approval or re-approval of the person as an instructor.
(4) The Bureau shall annually review the status of all approved instructors and shall withdraw approval from any instructor who is no longer qualified under the requirements of this section. The Bureau shall immediately withdraw approval of an instructor when it receives adequate notice of any disqualification.
(h) Rider Licensing. Riders under age 18 must complete a motorcycle education course. Any Rider applying for a motorcycle license must take and pass a written and road test.
(i) Implementing Authority. The Bureau shall adopt rules and regulations that are necessary to carry out the Motorcycle Safety Education Program.
(1) The Bureau may enter into contracts with public or private entities for course delivery and for the provision of services or materials necessary for implementation of the program.
(2) The Bureau may offer motorcycle rider training courses directly and may approve courses offered by independent, public or private entities as authorized program courses if they are administered and taught in full compliance with standards established for the territory's program.
(3) The Bureau may establish reasonable enrollment fees to be charged for persons who participate in motorcycle rider training courses offered by the Bureau and for persons who participate in approved courses offered by independent public or private entities.
(j) Advisory Committee. The Director shall establish a program advisory committee consisting of 5 persons representing various interests in motorcycle safety to advise and assist the Program Coordinator in developing, establishing, and maintaining the program. The committee shall monitor program implementation and report to the Director as necessary with recommendations. Members of the committee shall serve without compensation, but may be reimbursed for their reasonable expenses while engaged in committee business.
(k) Program Accountability. The Director must prepare biennially a report on the program to be submitted to the Governor and the Legislature and to be made available to the public. The report must be completed with the assistance of the Program Coordinator and the program advisory committee. It must include the number and location of various courses offered, the number of instructors approved, the number of students trained in various courses, such other information about program implementation as the Director shall deem appropriate, and an assessment of the overall impact of the program on motorcycle safety in the territory. The report must also provide a complete accounting of revenue receipts of the Motorcycle Safety Education Program Fund and of all monies expended under the program.
(l) Program Exemption. Any person, agency, or entity offering a motorcycle rider training course under proper authority of this section and any approved instructor providing instruction as part of any such course shall be exempt with respect to that activity from the requirements of this section.