SUBCHAPTER 03J ‑ RULES AND REGULATIONS GOVERNING THE
LICENSING OF COMMERCIAL Truck DRIVER TRAINING SCHOOLS AND INSTRUCTORS
SECTION .0100 ‑ COMMERCIAL DRIVER TRAINING SCHOOLS
19a ncac 03j .0101 PURPOSE OF REGULATIONS
Article 14, Chapter 20 of the General Statutes of North
Carolina provides for the licensing and regulation of commercial driver
training schools and instructors. Pursuant to the authority contained in this
law, the Commissioner of Motor Vehicles has hereby adopted the rules in this
Subchapter concerning the administration and enforcement of that Article.
These Rules establish minimum standards for the operation of commercial driver
training schools and will be used by the Division of Motor Vehicles in
administering Article 14.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
19A NCAC 03J .0102 DEFINITIONS
For the purpose of this Subchapter, the following
definitions shall apply:
(1) "Actively Enrolled" means any student who
is neither a graduate nor has failed to complete his or her course.
(2) "Base Period" means a six‑month
period from January 1 through June 30 or from July 1 through December 31.
(3) "Constructive Notice" means a student's
notice of intention to withdraw from a course by failing to attend residence
instructional facilities for a period of three consecutive days on which that
class meets.
(4) "Cooling off Period" means five days from
the time the student is given or mailed a signed copy of his completed
contract.
(5) "Enrollment contract" means any agreement
or instrument, however named, which creates or evidences an obligation binding
a student to purchase a course from a school.
(6) "Fail to Complete" means any student who
does not fully complete the required 160 hours of the lessons or classes
required by the Division as constituting the full course of study and who
cancels by any of the methods prescribed.
(7) "Field Training" means off‑road
training in and around the truck. Refer to Rule .0306(2)(b), (c), (e), and (i)
of Section .0300.
(8) "Foreign Commercial Driver Training
School" means an enterprise located outside North Carolina which solicits,
advertises, or offers commercial motor vehicle driver training to residents of
North Carolina.
(9) "General Job or Earnings Claim" means any
express claim or representation concerning the general conditions or employment
demand in any employment market now or at any time in the future or the amount
of salary or earnings generally available to persons employed in any
occupation.
(10) "Graduate" means any student who fully
completes the required 160 hours of the lessons or classes required by the
Division and discharges any other requirements or obligations established by
the school as prerequisites for completing the full course of study.
(11) "Job or Earnings Claim" means any general
or specific job or earnings claim.
(12) "Media Advertisement" means any
advertisement disseminated to the public by means of print or broadcast media,
including newspapers, magazines, radio, television, posters, or any other
means. It does not include promotional materials that are available from a
school or distributed by its sales representatives.
(13) "Most Recent Base Period" means the latest
base period.
(14) "New Course" means any course which has a
substantially different course content and occupational objective from any
course previously offered by the school and which has been offered for a period
of time less than six months.
(15) "Prospective Student" means any person who
seeks to enroll in a course.
(16) "Recruiter/Salesman" means any person who
is employed by a commercial truck driver training school, directly or
indirectly, to recruit students for a school. This definition includes persons
who are employed by another person who is a direct employee or broker for a
school.
(17) "Refresher Course" means a minimum 80-hour
course which offers classroom and behind the wheel instruction for drivers who
have previously held a CDL, Class A, or Chauffeurs License.
(18) "Seminar" means a course of 40 hours or
less offering educational materials and classroom instruction only in order to
prepare a student for an examination given by the State for a driver's license.
(19) "Specific Job or Earnings Claim" means any
express claim or representation concerning the employment opportunities
available to students or the demand for students who purchase the school's
course, or the amount of salary or earnings available to students who purchase
the school's course.
(20) "Student" means any person who has signed
an enrollment contract with a school and not canceled that contract before the
cooling‑off‑period, specified in this Rule, has ended.
(21) "Total Contract Price" means the total
price for the enrollment contract, including charges for registration,
ancillary services, and any finance charges.
History Note: Authority G.S. 20‑320; 20‑321;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; August 1, 1998; January 1,
1994; February 1, 1991.
SECTION .0200 ‑ REQUIREMENTS AND APPLICATIONS FOR COMMERCIAL TRUCK DRIVER TRAINING SCHOOLS
19A ncac 03J .0201 REQUIREMENTS
(a) The Division shall not issue a commercial driver
training school license to any individual, partnership, group, association, or
corporation unless:
(1) The individual, partnership, group,
association, or corporation has at least one motor vehicle registered or leased
in the name of the school, which vehicle has been inspected by a representative
of the Division and vehicle insurance certified as required by this Subchapter
for use by the school for driver training purposes and driver instruction.
(2) The individual, partnership, group,
association, or corporation has at least one person licensed by the Division as
a commercial driver training instructor for that school.
(3) Each manager or owner‑operator of a
commercial driver training school or branch shall:
(A) be of good moral character which is defined as not
having been convicted of a felony or misdemeanor involving moral turpitude in
the five years immediately preceding the date of application;
(B) be at least 18 years of age; and
(C) not have had a revocation or suspension of his
operator's or chauffeur's license in the two years immediately preceding the
date of application.
(4) In the case of a foreign commercial driver
training school, recruiting in North Carolina, the school submits the following
items to the Division:
(A) a copy of the school's license;
(B) a course description, including topics taught and
the length of the course;
(C) a list of equipment available for training;
(D) a copy of the contract complete with the fee
charged; and
(E) the names of the persons who represent the school
in North Carolina;
provided, Subparagraphs (a)(1) and (a)(4)(C) of this Paragraph
shall not apply to schools offering seminar training only.
(b) All commercial driver training schools recruiting in North Carolina shall submit to the Division a surety bond in the amount of thirty thousand
dollars ($30,000) for schools offering courses of instruction of 160 hours or
more and ten thousand dollars ($10,000) for schools offering seminar training
only.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994; February 1,
1991.
19a ncac 03J .0202 ORIGINAL APPLICATION
Each original application for a commercial driver training
school license shall consist of the following:
(1) Application for license;
(2) Personal history statement of owner‑operator
or manager to include full name, place of birth, date of birth, marital status,
permanent address, social security number, employment history, and financial
statement;
(3) Proposed plan of operation;
(4) Proof of liability insurance;
(5) Sample copies of contracts;
(6) A check or money order in the amount of eighty
dollars ($80.00). This fee is due for both original and renewal applications
for license;
(7) Certificate of assumed name; and
(8) Surety bond.
Items (1), (2) and (3) of this Rule shall be provided upon
forms issued by the Division.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
19A ncac 03J .0203 RENEWAL APPLICATIONS
Renewal applications shall be made within 60 days prior to
the expiration of license. All licenses issued expire two years after the date
the license is issued and no school is permitted to operate with an expired license.
However, applications for renewal may be accepted for up to 30 days from the
date of expiration. Any license expired for more than 30 days shall be deemed
permanently lapsed and renewal of such license must be by the same process as
required for an entirely new school, with all forms and certifications being
required.
History Note: Authority G.S. 20-320; 20-321; 20-324;
20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19a ncac 03J .0204 DUPLICATE COPIES
All applications, either original or renewal, for a
commercial driver training school or branch shall be completed in duplicate.
The original copy of each form shall be submitted to the Enforcement Section of
the Division of Motor Vehicles at the following address: 1100 New Bern Avenue,
Raleigh, North Carolina 27697‑0001. A copy of each form shall be filed
at the place of business.
History Note: Authority G.S. 20-320; 20-321; 20-324;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; February 1, 1991.
19A NCAC 03J .0205 CHANGES IN APPLICATION INFORMATION
The Division must be notified in writing within 10 days of
any changes in the officers, directors, manager, or instructors of any school
or branch. The Division must also be informed within 10 days of the addition
or deletion of any motor vehicles and a supplemental schedule of motor vehicles
must be filed. (Supplemental motor vehicle schedules shall be accompanied by a
properly executed insurance certificate.) If the school has a change in
ownership, the new owner must file an original application with the Division as
described in Rule .0202 of this Section and be approved by the Division before
beginning operation of the school under the new ownership. Failure to inform
the Division of the required changes shall be grounds for suspension or
revocation of the license.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
19a ncac 03J .0206 BRANCH OFFICES
Any school desiring to open a branch shall make application
for such branch on forms furnished by the Division in the same manner and to
the same extent as for an original license. A commercial driver training
school may operate a branch office anywhere in the state provided:
(1) The branch meets all the requirements of the
principal place of business.
(2) The branch is identified as a "branch
office" by a permanent sign which indicates the location of the principal
place of business and which is visible to the general public.
History Note: Authority G.S. 20-321; 20-324; 20-325;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19a ncac 03J .0207 SURRENDER OF LICENSES
Any licensed commercial driver training school or branch
which ceases to carry on the business of giving instruction in the driving of
commercial motor vehicles or which has a change of ownership shall, within five
days, surrender its commercial driver training school license and all
instructor licenses issued to driver training instructors employed by the
school.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-324; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19A NCAC 03J .0208 LICENSE REQUIRED
History Note: Authority G.S.20‑322;
Eff. May 1, 1987;
Repealed Eff. January 1, 1994.
SECTION .0300 ‑ SCHOOL LOCATION: PHYSICAL FACILITIES:
AND COURSES OF INSTRUCTION
19A NCAC 03J .0301 GENERAL PROVISIONS
Every school shall maintain a principal place of business
open to the public in a permanent‑type building. Schools or branches may
not be located within or adjacent to a building in which applications for
driver licenses are received by the Division and no business may be solicited
on property occupied by or adjacent to a building in which applications for
driver's licenses are received by the Division.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
19A NCAC 03J .0302 OFFICE
The office shall be the principal place of business, in the
same location as but physically separated from the classroom facility, and must
be sufficient for conducting all business related to the operation of the
school including, but not limited to:
(1) Facilities for conducting personal interviews.
(2) Storage of all records required for the operation
of the school.
(3) Secretarial or telephone answering service
available for a minimum of six hours between 9:00 a.m. and 5:00 p.m. on normal
business days.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
19A NCAC 03J .0303 CLASSROOM FACILITY
The classroom facility shall meet the following minimum
requirements:
(1) A minimum overall size of not less than 120 square
feet (which includes at least 70 square feet for the instructor and his
equipment and at least 12 square feet for each student).
(2) Lighting, heating, and ventilation systems that are
in compliance with all state and local laws and ordinances including, but not
limited to, zoning, public health, safety, and sanitation.
(3) Seats and writing surfaces for all students;
blackboards visible from all seats; charts, diagrams, mock‑ups, and
pictures relating to the operation of motor vehicles, traffic laws, physical
forces, and correct driving procedures; a copy of the Driver's Handbook
published by the Division for each student; and other textbooks deemed
necessary by the instructor.
(4) Restroom facilities sufficient for the class size
must be provided.
(5) Covered shelter must be provided for students when
on the field range to protect them from the weather when not driving.
(6) Seminar only courses must provide seats and writing
surfaces for all students and printed instructional materials deemed necessary
by the instructor. Seminars may be conducted at any location meeting the
requirements in this Rule provided prior notice is given to and approval is
given by the Enforcement Section.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987;
Amended Eff. January 1, 1994; February 1, 1991.
19A NCAC 03J .0304 DISPLAY OF LICENSES
Every school and branch must display in a prominent place in
its office licenses issued to it by the Division for the school and its
instructors.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
19a ncac 03J .0305 INSPECTIONS
The Division shall make periodic inspections (at least
annually) of schools and branches to determine compliance with statutes and
rules. The inspection shall be made during regular business hours by
authorized representatives of the Division. Inspections shall include
examination of all school records, contracts, classroom facilities, training
devices, instructional materials and instructional methods, vehicles, and any
other item required by law or regulation. Each
owner, partner, associate, corporate officer, or employee of any commercial
driver training school shall cooperate with the Division's representative and,
upon demand, shall exhibit all records, instructional aids, equipment, and any
other items which are required for the inspection. Refusal to permit
inspections shall be grounds for revocation of the license. Records shall be
retained by the school for a period of three years.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
19A NCAC 03J .0306 COURSE OF INSTRUCTION
(a) The commercial driving course to be taken by licensed
persons who are 18 years old or older must meet the following requirements:
(1) Minimum hours of instruction:
(A) classroom instruction, including testing 50
hours
(B) field instruction 50
hours
(C) highway behind‑the‑wheel training 20
hours
(D) observation (highway behind‑the‑wheel) 40
hours
Total
‑ 160 hours
The hours of instruction may be
expressed in credit hours provided the school is accredited by an accrediting
agency recognized by the United States Department of Education and the
conversion ratio of that accrediting agency is properly used.
(2) Content of classroom and behind‑the‑wheel
instruction:
(A) laws relating to interstate and intrastate
operations;
(B) pre‑trip inspection;
(C) coupling and uncoupling of combination units, if the
equipment to be driven includes such units;
(D) placing the vehicle in operation;
(E) use of the vehicle's controls and emergency
equipment;
(F) operation in inner‑city and interstate
highway traffic and passing;
(G) turning the vehicle;
(H) braking and slowing the vehicle by means other than
applying the brakes;
(I) backing and parking the vehicle;
(J) experience operating property hauling vehicles
with a minimum gross vehicle weight of 49,000 pounds or experience operating
passenger motor coach vehicles having a minimum capacity of 46 persons; and
(K) completing Driver's Daily Log books.
(3) Other requirements:
(A) the 160 hours of instructions required by this Rule
shall be completed in no less than four calendar weeks;
(B) three hours of the 20 hours of behind‑the‑wheel
highway training must be completed by each student between dusk and dawn;
(C) one vehicle must be provided for each three students
during highway training. Four students per vehicle are permitted if the
vehicle has been inspected and approved by the Division. The Division shall
approve the vehicle if it determines the vehicle will seat four people. No
more than four students per vehicle and no more than four vehicles per
instructor shall be allowed for field training; and
(D) a Driver's Daily Log must be kept for each student
to reflect the 160 hours of instruction.
(b) Credit for Prior Instruction. Credit for prior instruction
or training given by another agency or school may be granted. Such credit may
be granted by the school to which the candidate is applying if the prior
instruction or training is equivalent to the corresponding part or parts of the
course required by North Carolina law and if such credit is confirmed and
authorized as equivalent by the Enforcement Section of the Division.
(c) In addition to the course requirements of Paragraph (a)
of this Rule, schools may offer a "Refresher Course" which shall meet
the following requirements:
(1) Minimum hours of instruction shall total 80
hours as follows:
(A) Classroom instruction, labs, and testing 25
hours
(B) Field instruction 25
hours
(C) Highway behind the wheel training 10
hours
(D) Observation (highway behind the wheel) 20
hours
Total - 80 hours
The hours of instruction may be
expressed in credit hours provided the school is accredited by an accrediting
agency recognized by the United States Department of Education and the conversion
ratio of that accrediting agency is properly used.
(2) Content of Classroom and behind the wheel
instruction shall be as follows:
(A) Laws relating to interstate and intrastate
operations;
(B) Pre-trip inspection;
(C) Coupling and uncoupling of combination units, if the
equipment to be driven includes such units;
(D) Placing the vehicle in operation;
(E) Use of the vehicle's controls and emergency
equipment;
(F) Operation in inner-city and interstate highway
traffic and passing;
(G) Turning the vehicle;
(H) Braking and slowing the vehicle by means other than
applying the brakes;
(I) Backing and parking the vehicle;
(J) Experience operating property hauling vehicles
with a minimum gross weight of 49,000 pounds or experience operating passenger
motor coach vehicles having a minimum capacity of 46 passengers; and
(K) Completing Drivers Daily Log books.
(3) Other requirements are as follows:
(A) The 80 hours of instruction required by this Rule
shall be completed in no less than two calendar weeks;
(B) Two hours of the 10 hours behind the wheel highway
training shall be completed by each student between dusk and dawn;
(C) One vehicle must be provided for each three students
during highway training. Four students per vehicle are permitted if the
vehicle has been inspected and approved for such use by the Division. The
Division shall approve the vehicle if it determines the vehicle will seat four
people. No more than four students shall be allowed per vehicle for field
training; and;
(D) A drivers log must be kept for each student to
reflect the 80 hours of instruction.
History Note: Authority G.S. 20-321; 20-322; 20-323;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; August 1, 1998; April 1,
1997; January 1, 1994; May 1, 1990.
19A NCAC 03J .0307 STUDENT REQUIREMENTS
Students 18 years of age or older but less than 21 years of
age must be informed by the owner(s) or officers of the school of the age
restrictions and limitations established by the United States Department of Transportation
and the Motor Carrier Safety Unit of the Division of Motor Vehicles.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987;
Amended Eff. April 1, 1997; January 1, 1994; May 1, 1990.
19a ncac 03J .0308 REPORTS TO BE SUBMITTED
(a) Every commercial driver training school offering a full
program shall submit to the Division the following reports:
(1) A schedule of classes for each licensing
period.
(2) A class roster as of the first day of
class, which roster shall include the name, address, telephone number, and
driver's license number of each student.
(3) A copy of each student's contract(s).
(4) A list of salesmen/recruiters working for
the school (directly or indirectly) at the beginning of the licensing period,
with additions or deletions to be filed within 30 days of such change.
(b) Every commercial driver training school offering
seminars only shall submit and obtain approval of a course plan as required in
Rules .0201 and .0306 of this Subchapter at least 30 days prior to the class.
It shall also submit items in Subparagraphs (a)(1) and (a)(4) of this Rule.
(c) Every commercial driver training school offering a
"refresher course" shall submit in addition to the requirements of Paragraph
(a) of this Rule, a seven-year driving record attached to each student's
contract.
History Note: Authority G.S. 20-321; 20-322; 20-323;
20-324; 20-325;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; August 1, 1998; April 1,
1997; January 1, 1994; February 1, 1991.
SECTION .0400 ‑ MOTOR VEHICLES USED IN INSTRUCTION
19a ncac 03J .0401 VEHICLE EQUIPMENT
(a) Behind‑the‑wheel instruction of students in
commercial driver training schools shall be conducted in motor vehicles owned
or leased by the school. All vehicles used for the purpose of demonstration
and practice shall:
(1) If used for field instruction be equipped
with:
(A) seatbelts as required by Federal and State law;
(B) an outside rearview mirror mounted on the right side
of the vehicle;
(C) a heater, defroster, turn signals and brake lights;
and
(D) all other equipment required by G..S. 20 except that
a working speedometer is not required.
(2) Bear conspicuously displayed signs with the
words "Student Driver" in letters not less than six inches in height
on both the front and rear of the vehicle and also bear conspicuously displayed
signs with the name and location of the school in letters not less than three
inches in height on both sides of the power unit and on the back of the
trailer.
(3) Meet the safety requirements for commercial
motor vehicles as found in CFR 49 Parts 390-397.
(b) No school equipment shall be used to transport property
or persons for compensation, other than a properly enrolled student, except
when school equipment is used by certified third party examiners in accordance
with the requirements of 19A NCAC 03B .0700 of these Rules, while conducting
third party testing, and the school may charge a reasonable fee for the use of
the school's equipment.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20‑328;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; August 1, 1994; January 1,
1994; May 1, 1990.
19a ncac 03J .0402 REGISTRATION: INSURANCE: INSPECTION
(a) Each vehicle used by the school on the highway shall be
titled and registered as required by G.S. 20 and bear a current inspection
certificate. Each yard vehicle used by the school shall be titled as required
by G.S. 20.
(b) Each vehicle used by the school shall be insured by a
company licensed to do business in North Carolina against liability in the
amount of at least twenty-five thousand dollars ($25,000) because of injury to
or destruction of property of others in any one accident, fifty thousand
dollars ($50,000) because of bodily injury to or death or one person in any one
accident, and one hundred thousand dollars ($100,000) because of bodily injury
to or death of two or more persons in any one accident. This insurance
coverage shall be secured on an annual basis. In the event coverage for any
vehicle used for driver instruction or training shall not be renewed, the
school shall give written notice to the Division at least 10 days prior to the
expiration date of the coverage. A certificate of insurance coverage shall be
filed by the insurance underwriter with the Division. Cancellation shall be
accomplished upon 15 days prior written notice to the Division by the insurance
underwriter.
(c) Each vehicle used by a school shall be listed and
inspected in the manner prescribed in CFR 49 Part 396. In addition, each
vehicle shall be inspected and approved by a representative of the Division
before it is used. Each vehicle shall be inspected and approved by a
representative of the Division annually and at any other reasonable time as
indicated by the circumstances.
(d) Vehicles used for off‑road field training must be
titled, but are not required to meet North Carolina registration requirements.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-324; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19A NCAC 03J .0403 SPECIAL REQUIREMENT
At least one of the vehicles used in a commercial truck
driver training school shall be a tractor‑trailer combination unit and
other vehicles may be of the type necessary to carry out the instructional
program of the school. All vehicles used in the instructional program shall
meet the equipment requirements of Chapter 20 of the North Carolina General
Statutes.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
SECTION .0500 ‑ REQUIREMENTS AND APPLICATIONS FOR DRIVER
TRAINING INSTRUCTOR
19A NCAC 03J .0501 REQUIREMENTS
(a) A Class I instructor may conduct driver training in the
classroom, on the field and on the road. Each Class I instructor shall:
(1) Be at least 21 years of age, have at least
two years experience operating a Class A vehicle and hold a valid Class A
license; provided, on and after April 1, 1992 each instructor must hold a valid
Class A commercial license from his state of residence.
(2) Not have been convicted of a felony, or
convicted of a misdemeanor involving moral turpitude, in the ten years
immediately preceding the date of application.
(3) Not have had a revocation or suspension of
his driver's license in the two years immediately preceding the date of
application.
(4) Have graduated from high school and submit
high school diploma or submit a high school equivalency certificate.
(5) Not have had convictions for moving
violations totaling seven or more cumulative points within three years of the
date of application.
(6) Have at least two years of continuous
commercial motor vehicle driving experience within the previous five years from
the date of application.
(b) A Class II instructor may conduct driver training in
the classroom and on the field only. Each Class II instructor shall:
(1) Not have been convicted of a felony, or
convicted of a misdemeanor involving moral turpitude, in the ten years
immediately preceding the date of application.
(2) Not have had a revocation or suspension of his
driver's license in the two years immediately preceding the date of
application.
(3) Have graduated from high school and submit
a high school diploma or a high school equivalency certificate.
(4) Have at least two years of continuous
commercial motor vehicle driving experience within the previous five years from
the date of application.
(c) A Class I or II instructor‑trainee may assist a
licensed Class I or II instructor while his instructor's license application is
pending at the Division. The Division must be notified in writing within five
days of the date the trainee is hired. An instructor‑trainee of either
class:
(1) may work in that capacity for only 30 days
from the date he is hired;
(2) may instruct in the classroom and on the
field only with a licensed instructor present at all times;
(3) may not instruct or accompany students on
the road until licensed; and
(4) must wear an identification badge which
clearly identifies the individual as an instructor‑trainee.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20‑328;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; August 1, 1994; May 1, 1990.
19A NCAC 03J .0502 ORIGINAL APPLICATION
Each original application for a commercial driver training
instructor license shall consist of:
(1) A combination application and personal history form
which must be completed and signed by the applicant.
(2) A physical examination report completed and signed
by a licensed physician.
(3) Copy of high school diploma or equivalency
certificate.
(4) A driver license record check for the previous
three years.
(5) Consent form for background information.
(6) A check or money order in the amount of sixteen
dollars ($16.00).
(7) Five-year criminal history check.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19a ncac 03j .0503 RENEWAL APPLICATION
Renewal application shall be made by an instructor within 60
days prior to the expiration of license. All licenses issued expire two years
after the date the license is issued and no instructor may operate with an expired
license. However, applications for renewal may be accepted for up to 30 days
from the date of expiration. Any license expired for more than 30 days shall
be deemed permanently lapsed and renewal of such license must be by the same
process as required for an entirely new license, with all forms and
certifications being required.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-324; 20-325;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19a ncac 03j .0504 DUPLICATE COPIES
All applications, either original or renewal, for a
commercial driver training instructor license shall be completed in duplicate.
The original copy of each form shall be submitted to the Enforcement Section of
the Division of Motor Vehicles. A copy of each form shall be filed at the
place of business.
History Note: Authority G.S. 20-320; 20-321; 20-324;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19A NCAC 03J .0505 CONFIDENTIALITY
19A NCAC 03J .0506 LICENSE FEES
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987;
Repealed Eff. January 1, 1994.
19a ncac 03J .0507 SURRENDER OF LICENSES
Any licensed commercial driver training instructor who
ceases to give instruction in the driving of motor vehicles for the school for
which he is licensed shall surrender his instructor's license within five days.
The owner, partner, or chief corporate officer of the school shall be
responsible for the return of the instructor's license to the Division on
termination of employment of any instructor.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-324; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19A NCAC 03J .0508 LICENSE REQUIRED
No person shall act as an instructor without the proper
license as set forth in this Subchapter; provided, up to 24 hours of classroom
instruction in a minimum 320 hour course and up to 12 hours of classroom
instruction in a minimum 160 hour course may be provided by an unlicensed
instructor if the subject matter and lesson plan have been given prior approval
by the Division.
History Note: Authority G.S. 20‑323;
Eff. May 1, 1987;
Amended Eff. January 1, 1994; May 1, 1990.
SECTION .0600 – CONTRACTS
19a ncac 03J .0601 REQUIREMENTS
Commercial driver training school contracts for students are
required if the course of instruction contracted for by the student is a
refresher course or a course of 160 hours or more. The contract shall contain,
but is not limited to, the following information:
(1) The agreed total contract charges and full terms of
payment thereof.
(2) The number, nature, time, and extent of lessons
contracted for, including:
(a) minimum hours of instruction as required in
Rule .0306 of this Subchapter;
(b) rate for use of school vehicle for a
driver's license road test, if an extra charge is made.
(3) A statement which reads substantially as follows:
"This agreement constitutes the entire contract between the school and the
student, and any verbal assurances or promises not contained herein shall bind
neither the school nor the student."
(4) A statement which reads as follows: "This
school is licensed by the State of North Carolina, Division of Motor Vehicles."
(5) A statement which reads as follows: "If you,
as a student, are unable to settle a dispute with the school, please direct
your grievances to the North Carolina Division of Motor Vehicles, Enforcement
Section, 1100 New Bern Avenue, Raleigh, North Carolina 27697‑0001."
History Note: Authority G.S. 20-320; 20‑321; 20‑322;
20-323;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; August 1, 1998; January 1,
1994; February 1, 1991; May 1, 1990.
19a ncac 03J .0602 PROHIBITED CONTRACT PROVISIONS
Commercial driver training school contracts shall not
contain the following:
(1) The statement "no refund" or its
equivalent.
(2) Any statement to the effect that a driver's license
is guaranteed or otherwise promised as a result of the driver's license
training course.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19a ncac 03J .0603 FILING OF CONTRACT WITH THE DIVISION
The commercial driver training school shall file with the
Division sample copies of all written contracts and agreements at the time of
the original application and also at any time thereafter when alterations to
contracts are proposed.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002.
19a ncac 03J .0604 CONTRACT PROVISIONS
(a) The school must give the prospective student a
completed copy of the enrollment contract at the time the prospective student
signs the contract or upon the school's receipt of an enrollment contract
completed entirely by mail. The enrollment contract must be written in the
same language as the oral sales presentation, if any, made by the school and
must contain the name and address of the school.
(b) The school must place on the enrollment contract the
explanation of the prospective student's cooling‑off rights required by
Rule .0605 of this Section. If the school does not place the notice on the
front page of the enrollment contract, the school must place on the front page
the following notice: "An explanation of your cancellation and refund
rights is on page (page number) of this contract." This notice must be
printed in boldface type.
(c) After the school has accepted the enrollment contract
of the prospective student, the school must furnish the prospective student
with the disclosure of the school's graduation rate and placement rate.
(d) If a school makes a job or earnings claim for a course
other than a new course, the school shall disclose the following placement
information on the disclosure form entitled, "How Our Students Are
Doing." The School shall disclose these figures for individuals who
became students during the school's most recent base period:
(1) the number of students;
(2) the number and percentage of those students
who graduated;
(3) the number and percentage of those
students who remained actively enrolled at the end of that time;
(4) the number and percentage of graduates who,
within four months of leaving the course, obtained employment as commercial
motor vehicle drivers; and
(5) the number and percentage of these
graduates who refused to provide salary information.
A school may, at its option, include the following statement
on the disclosure form: "In evaluating our record, remember not all of our
students took this course to get a job as a commercial motor vehicle driver.
Also, we were unable to reach some of our graduates to see if they got jobs.
So, our placement percentage might be understated."
(e) The disclosure specified by Paragraph (d) of this Rule
must be based on the school's actual knowledge of its students' experiences.
Actual knowledge shall be verified, at a minimum, by a list that includes the
following information for each student who is counted as obtaining employment
in a job for which the course prepared him or her:
(1) the student's name and address (or
telephone number);
(2) the employer's name;
(3) the name or title of the job obtained;
(4) information that indicates that the job was
obtained within four months of leaving the course; and
(5) the student's annual gross salary expressed
in increments of two thousand dollars ($2,000) or an indication of the
student's refusal to provide such salary information.
(f) No school shall make any specific job or earnings claim
for a new course.
(g) The information required or permitted to be disclosed
under Paragraph (d) of this Rule shall be contained in a disclosure form
entitled, "How Our Students are doing." The disclosure form shall
contain no other information or representations. This form must be mailed to
all prospective students who have signed enrollment contracts if a school makes
a general job or earnings claim or a specific job or earnings claim.
(h) If a school makes a general job or earnings claim or a
specific job or earnings claim that is not substantiated by the disclosure form
required by Paragraph (d) of this Rule, the school must not know or have reason
to know of facts which would make the claim inapplicable to the school, its
enrollees, or a particular geographical area served by the school. A reasonable
basis shall consist of a statistically valid and reliable survey which
substantiates the claim.
(i) Nothing in Paragraph (d) in this Rule shall be
construed as prohibiting schools from making jobs or earnings claims which are
substantiated by projections from the "Occupational Outlook Handbook"
published by the Bureau of Labor Statistics or by similar projections published
by other Federal or State agencies. However, when such claims are contained in
non‑media advertising, the schools must clearly and conspicuously
disclose in immediate conjunction with the claim, any limitations,
restrictions, or caveats accompanying or made applicable to those projections
in their original source.
(j) A school shall maintain records adequate to disclose
the facts upon which each claim covered by this Rule is based. Such records
shall be maintained for three years from the date the claim is made and, after
compliance with any applicable Federal law concerning the privacy or
confidentiality of student records, shall be made available for inspection and
copying by DMV officials upon reasonable notice and during regular business
hours.
(k) Home study courses shall be accredited by an
accrediting agency approved by the United States Department of Education.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20‑328;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
19A NCAC 03J .0605 CANCELLATION AND REFUND PROCEDURES AND
COOLING-OFF RIGHTS
(a) After the cooling‑off period has
ended, a student may cancel his or her enrollment in the course by notifying
the school. Cancellation by the student is effective on the date the student
mails or delivers written notification to the school or on the date that the
student gives the school constructive notice of his or her intention to
withdraw from the course.
(b) If a prospective student cancels the
enrollment contract during the period described in the notices required, the
school must refund all payments made by the prospective student and cancel and
return any evidence of indebtedness within 21 days after receiving any notice
of cancellation. If a school fails to comply with the proper enrollment and
cooling‑off procedure, it shall not retain any money or evidence of
indebtedness from a prospective student.
(c) If a student gives the school written
notice of his or her intention to remain enrolled in a course, the time period
for measuring constructive notice will begin anew from the date of the written
notice. Any prior cancellation by virtue of the student's constructive notice
will not be effective if the student provides this written notice of his or her
intention to remain enrolled.
(d) If a student cancels his or her
enrollment contract after the cooling‑off period, the school shall not
receive, demand, or retain more than the one hundred and fifty dollar ($150.00)
registration fee and a pro rata portion of the total contract price. This total
pro rata portion shall be calculated by dividing the total number of course
hours by the total contract price to obtain an hourly rate. This hourly rate
shall be multiplied by the actual number of hours the student attended the
school. Refunds must be made within 21 days.
(e) For courses consisting of a combination
of home study lessons and resident training, not more than one hundred dollars
($100.00) in addition to the registration fee referred to in Paragraph (d) of
this Rule shall be retained by the school for those students who fail to enter
resident training, unless the school submits affirmative evidence acceptable to
the Commissioner of Motor Vehicles disclosing the home study lessons are of
such quality and content as to reasonably assure that the students will achieve
the stated objective without the resident training portion of the course.
(f) The school must include in the enrollment
contract the following notice: "CANCELING THIS CONTRACT." "A
student may cancel this agreement at any time before the commencement of
classes and prior to the end of the five day cooling-off period and receive a
full refund of the tuition that has been paid by the student. The NOTICE OF
CANCELLATION to be given by the student shall be in writing and may be
delivered by Registered Mail or in person to an owner, partner, corporate
officer, agent, or other representative of the school. The cooling-off period
begins when the student is given or mailed a signed copy of the completed contract.
Contracts canceled after the cooling-off period entitle the school to retain
not more than one hundred fifty dollars ($150.00) registration fee and a pro
rata portion of the total contract price based on the number of hours the
student attended school. Refunds must be made within 21 days following
delivery of the NOTICE OF CANCELLATION." The title of the notice
"CANCELING THIS CONTRACT" must be in all capitals with boldface type.
(g) If either the school or the instructor
fails to comply with the provisions of any contract or agreement between the
school and the student, the school shall refund, on a pro rata basis, all
monies collected from the student as consideration for the performance of the
contract or the agreement.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987;
Amended Eff. January 1, 1994.
19A NCAC 03J .0606 MISCELLANEOUS
The school may not include in the enrollment
contract or any other document a waiver of any of the rights or obligations
created by this Section. No oral waiver of any of these rights or obligations
shall be effective.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
SECTION .0700 ‑ BONDING AND ADVERTISING
19A NCAC 03J .0701 BONDS
Prior to license approval, a school shall file with the
Division a continuous "cash" or "surety" bond written by a
company licensed to do business in North Carolina to indemnify any student
against loss or damage arising out of the school's breach of contract between
the school and the student. This bond shall be in an amount as set forth in
Rule .0201(4)(f) of this Subchapter.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987;
Amended Eff. January 1, 1994; February 1, 1991.
19A NCAC 03J .0702 CERTIFICATE OF DEPOSIT
With Division approval, a certificate of deposit may be
executed and filed in lieu of a bond. The certificate shall be in the
principal sum of the bond it stands in lieu of as provided in Rule .0701 of
this Section.
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. May 1, 1987.
19a ncac 03J .0703 ADVERTISING
A commercial driver training school may advertise by
whatever method it sees fit with the following exceptions:
(1) The address of a telephone‑answering service,
when it is not the same as the principal place of business of the school, shall
not be shown in any medium of advertising or telephone directory. Nor shall
any telephone directory listing or yellow page advertisement show a telephone
number for a school unless it also shows a valid address for the principal
place of business of the school.
(2) No advertisement shall indicate in any way that a
school can or will issue or guarantee the issuance of a driver's license or
imply that preferential or advantageous treatment from the Division can be
obtained.
(3) A school may state in an advertisement that it has
been approved and licensed by the Division.
(4) Commercial driver training schools must use the
full name, address, and telephone number of their school in all advertising.
No advertising shall imply an offer of employment or guarantee employment upon
completion.
(5) If a school makes any job or earnings claims for
any course in a media advertisement, the school must include the following
disclaimer in this advertisement: "Graduation from this course does not
insure that you will get a job. To find out how our graduates have done, send
for our job placement record."
(6) If a school makes any written job or earnings
claims about any course, other than a media advertisement, the school must
include in that document full disclosures of the school's graduation and
placement rates required by Rule .0604 of this Subchapter.
(7) If a school makes any general job or earnings
claims for a new course, that school must make the following disclosure in lieu
of those required in Items (5) and (6) of this Rule.
(a) In media advertisement: "Since this
course is new, we are not able to tell you about the experience of our students
in getting jobs."
(b) All other, non‑media advertisements:
"Since this course is new, we are not able to give you information on the
graduation or placement rates of our students, or the amount of money you might
earn after completing this course. As an alternative, we suggest you talk to a
job counselor or State Employment Office about your chances of finding a job in
the field we train you for. They will have current information on job
opportunities in the area where you live. In addition, they can offer you
information on starting salaries and requirements for prior work
experience."
(8) Commercial driver training schools shall not use
advertisements or promotional material which is classified, designated, or
captioned, "Men wanted to train for....", "Help Wanted",
"Employment", "Business Opportunities", or by words or
terms of similar import, so as to represent directly or by implication that
employment is being offered, nor shall the word "Free" be used in any
advertisement.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-324; 20-325; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
SECTION .0800 ‑ LICENSE REVOCATION OR SUSPENSION
19A NCAC 03J .0801 GROUNDS FOR REVOCATION OR SUSPENSION
The license of any commercial driver training school may be
suspended or revoked by the Division if the licensee violates any provision of
Article 14, Chapter 20 of the North Carolina General Statutes, or if the
licensee violates any rule adopted pursuant to that Article. In addition, a
license may be suspended or revoked for any one of the following reasons:
(1) Conviction of the owner, manager, or any agent or
employee of the school of a felony or conviction of any misdemeanor involving
moral turpitude.
(2) Knowingly submitting to the Division false or
misleading information relating to eligibility for a license.
(3) Evidence of substance abuse by the owner, manager,
any agent, or employee of the school.
(4) Failure or refusal to permit an authorized
representative of the Division to inspect the school, equipment, records, or
motor vehicles used to teach students or failure or refusal to furnish full
information pertaining to any and all requirements set forth in the rules in
this Subchapter or in the application for the license.
(5) Failure to maintain licensed instructors or
approved equipment sufficient to perform the course of instruction.
(6) Employment of any instructor who is not licensed by
the Division.
(7) Failure of new owner to apply for and be licensed
by the Division as a school under new ownership and also failure to notify the
Division within the specified time of any change in management of the school.
(8) Aiding or assisting any person to obtain a driver's
license by fraud (revocation in this instance shall be permanent).
(9) Unauthorized possession of application forms or
examinations used by the Division to determine the qualification of an
applicant for a driver's license.
(10) Failure of the school to give the student a copy of
his contract and also use by the school of a contract which has not been
submitted to and approved by the Division of Motor Vehicles.
History Note: Authority G.S. 20‑320; 20-321;
20-322; 20-323; 20-324; 20-325; 20-326; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
19a ncac 03J .0802 INSTRUCTOR LICENSE SUSPENSION OR
REVOCATION
In addition to the grounds for revocation listed in Rule
.0801 of this Section, the license of any commercial driver training instructor
shall be revoked if his driver's license is suspended or revoked or if he
accumulates seven or more points, as a result of being convicted of moving
violations, in a twelve‑month period. Reinstatement of the commercial
driver training instructor's license shall follow the same procedure as an
application for a new license.
History Note: Authority G.S. 20-320; 20-321; 20-322;
20-323; 20-324; 20-325; 20-326; 20-327;
Eff. May 1, 1987;
Amended Eff. August 1, 2002; January 1, 1994.
19A NCAC 03J .0803 REVOCATION OR SUSPENSION PROCEDURE
If any school or instructor or recruiter is alleged to be in
violation of any provision of Article 14, Chapter 20 of the General Statutes or
of any provision of the rules of this Subchapter, the school or instructor or
recruiter shall be notified by certified or registered mail of the suspension
or revocation. This notice shall be issued by the office of the Commissioner
of Motor Vehicles, and the notification shall set forth the details of the
alleged violation which formed the basis for the action. The school (through
its owner, partner, or corporate officer) or the instructor or the recruiter
may request in writing a hearing. This request must be made within 30 days of
receipt of the certified or registered letter. The hearing shall be heard by
an officer designated by the commissioner and the school or instructor or
recruiter may be represented by counsel. Upon completion of the hearing, the
Division shall notify the school or instructor or recruiter within 30 days of
the decision of the hearing officer. This decision may be appealed as provided
by G.S. Chapter 150B.
History Note: Authority G.S. 20‑320 through
20-328;
Eff. May 1, 1987;
Amended Eff. January 1, 1994; October 1, 1991.
SECTION .0900 ‑ REQUIREMENTS AND APPLICATIONS FOR DRIVER
TRAINING SCHOOL RECRUITERS
19A NCAC 03J .0901 REQUIREMENTS
Recruiters working for commercial driver training schools
shall comply with the requirements in 19A NCAC 03J .0601-.0606.
History Note: Authority G.S. 20-320; 20‑321;
20-322; 20-323; 20-324; 20-325; 20-326;
Eff. October 1, 1991;
Amended Eff. August 1, 2002.
19a ncac 03j .0902 ORIGINAL APPLICATION
History Note: Authority G.S. 20-320; 20‑321;
20-322; 20-323; 20-324; 20-325;
Eff. October 1, 1991;
Amended Eff. January 1, 1994;
Repealed Eff. August 1, 2002.
19a ncac 03j .0903 RENEWAL APPLICATION
History Note: Authority G.S. 20-320; 20‑321;
20-322; 20-323; 20-324;
Eff. October 1, 1991;
Repealed Eff. August 1, 2002.
19A NCAC 03J .0904 DUPLICATE COPIES
History Note: Authority G.S. 20-320; 20‑321;
20-322; 20-323; 20-324; 20-325;
Eff. October 1, 1991;
Repealed Eff. August 1, 2002.
19A NCAC 03J .0905 CONFIDENTIALITY
History Note: Authority G.S. 20‑321;
Eff. October 1, 1991;
Repealed Eff. January 1, 1994.
19a ncac 03J .0906 SURRENDER OF LICENSES
History Note: Authority G..S. 20-320; 20‑321;
20-322; 20-323; 20-324; 20-325; 20-327;
Eff. October 1, 1991;
Repealed Eff. August 1, 2002.
19A NCAC 03J .0907 LICENSE REQUIRED
No person shall act as an instructor without the proper
license as set forth in this Subchapter. A recruiter must have a separate
license for each school that he represents. All recruiters must verify by
signature that they have read and that they understand the rules on advertising
and solicitation and must verify their intent to follow rules as they are set
forth.
History Note: Authority G.S. 20‑321;
Eff. October 1, 1991;
Amended Eff. January 1, 1994.
