SUBCHAPTER 03I ‑ RULES AND REGULATIONS GOVERNING THE
LICENSING OF COMMERCIAL DRIVER education TRAINING SCHOOLS AND INSTRUCTors
SECTION .0100 ‑ GENERAL PROVISIONS
19A NCAC 03I .0101 LOCATION OF DIVISION OF MOTOR VEHICLES
The School Bus and Traffic Safety Section of the North
Carolina Division of Motor Vehicles is located at:
1100 New Bern Avenue
Raleigh, North Carolina 27697
All forms required by the rules contained in this Subchapter
(hereinafter referred to as "rules") may be obtained at this address.
History Note: Authority G.S. 20‑1; 20-39(b);
20-320 through 20-339;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; May 1, 1987.
19A NCAC 03I .0102 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 regulations
contained in this Subchapter concerning the administration and enforcement of
that Article. These regulations 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. 20‑321;
Eff. July 2, 1979;
Amended Eff. December 1, 1993.
19A NCAC 03I .0103 EFFECTIVE DATES
History Note: Authority G.S. 20‑321;
Eff. July 2, 1979;
Repealed Eff. June 1, 1982.
19A NCAC 03I .0104 DEFINITIONS
As used in the regulations contained in this Subchapter:
(1) "Commercial Driver Training School Branch
Office" or "Branch" is a training facility operated by a
commercial driver training school at a location different than the principal
place of business, where the education and training of persons, either
practical or theoretical, or both, to operate or drive a motor vehicle is
carried on and a consideration or tuition is charged therefor.
(2) "Hearing Officer" means an officer or
employee of the Division appointed by the commissioner, who has a minimum of
five years of experience as a supervisor and thorough knowledge of the laws and
regulations governing the Division.
(3) "Representative" means a duly authorized
employee of the Division of Motor Vehicles.
(4) "Restricted Commercial Driver Training
School" means a commercial driver training school which is restricted to a
curriculum of evaluation for licensed adult drivers only.
History Note: Authority G.S. 20‑4.01; 20‑320;
20‑321;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982.
SECTION .0200 ‑ REQUIREMENTS AND APPLICATIONS FOR COMMERCIAL
DRIVER TRAINING SCHOOLS
19A NCAC 03I .0201 REQUIREMENTS
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, owner‑operator,
or instructor of a commercial driver training school or branch shall:
(a) be of good moral character;
(b) have at least four years of
experience as a licensed operator of a motor vehicle;
(c) 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;
(d) not have had a revocation or
suspension of his Class A, B or C license in the two years immediately
preceding the date of application.
History Note: Authority G.S. 20‑322;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; April 1, 1989; May 1,
1987; June 1, 1982.
19A NCAC 03I .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 (Form SBTS-601,
available from the School Bus and Traffic Safety Section) of owner-operator or
manager;
(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;
(8) Surety Bond;
(9) A report from the appropriate government agency
indicating that the location or locations meet fire safety standards;
(10) A copy of the deed, lease, or other legal
instruments authorizing the school to occupy such locations;
(11) List of fees for all services offered by the school;
(12) A copy of lease agreement if leasing vehicles; and
(13) A copy of the business insurance covering injury to
a student.
History Note: Authority G.S. 20-322; 20-323;
Eff. July 2, 1979;
Amended Eff. April 1, 1999; July 1, 1994; December 1,
1993; September 1, 1990; April 1, 1989.
19A NCAC 03I .0203 RENEWAL APPLICATIONS
Renewal applications shall be made every two years. All
licenses expire on the anniversary date, 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. 20-322; 20-324; 20-325;
Eff. July 2, 1979;
Amended April 1, 1999; June 1, 1982.
19A NCAC 03I .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 School Bus and Traffic
Safety Section of the Division of Motor Vehicles at the address specified in
Rule .0101 of this Subchapter. A copy of each form shall be filed at the place
of business.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. May 1, 1987.
19A NCAC 03I .0205 CHANGES IN APPLICATION INFORMATION
The Division must be notified in writing within 10 days of
any changes in the officers, directors, owners, or manager 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 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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. May 1, 1987.
19A NCAC 03I .0206 LICENSE FEES
History Note: Authority G.S. 20‑324;
Eff. July 2, 1979;
Amended Eff. June 1, 1982;
Repealed Eff. May 1, 1987.
19A NCAC 03I .0207 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 the branch
meets all the requirements of the principal place of business.
History Note: Authority G.S. 20‑322; 20-323; 20‑324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000.
19A NCAC 03I .0208 SURRENDER OF LICENSES
Any licensed commercial driver training school or branch
which ceases to carry on the business of giving instruction for hire in the
driving of 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. 20‑322 through 20‑325;
Eff. July 2, 1979;
Amended Eff. May 1, 1987.
19A NCAC 03I .0209 LICENSE REQUIRED
No school or branch shall operate, advertise for business or
collect monies without the proper license in hand as set forth in this
Subchapter.
History Note: Authority G.S. 20‑322;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; September 1, 1990.
19A NCAC 03I .0210 LICENSE FEES
History Note: Authority G.S. 20‑324;
Eff. February 1, 1988;
Repealed Eff. December 1, 1993.
19A NCAC 03I .0301 GENERAL PROVISIONS
Every school shall maintain a business office 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; 20-321; 20-322;
20-323; 20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; June 1, 1982.
19A NCAC 03I .0302 OFFICE
The office shall be the principal place of business, 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;
(4) a copy of North Carolina Motor Vehicle Laws Chapter
20 of the General Statutes; and
(5) if located in conjunction with classroom
facilities, office must be separated by a physical barrier.
History Note: Authority G.S. 20‑321; 20-322;
20-323; 20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; December 1, 1993; November
1, 1991; June 1, 1982.
19A NCAC 03I .0303 CLASSROOM FACILITY
Classwork may only be conducted in locations approved by the
Division of Motor Vehicles. 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 a textbook from the approved
list for each student; and
(4) restroom facilities sufficient for the class size
must be provided.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; November 1, 1991; April 1,
1989; June 1, 1982.
19A NCAC 03I .0304 BRANCHES
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 2, 1979;
Repealed Eff. May 1, 1987.
19A NCAC 03I .0305 DISPLAY OF LICENSES
Every school and branch must have displayed in a prominent
place in its office licenses issued to it by the Division, a list of all
instructors, and a list of fees for all services offered by the school or
branch.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 2, 1979.
19A NCAC 03I .0306 INSPECTIONS
The Division shall make periodic inspections (at least
annually) of schools and branches to determine compliance with laws. 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 and 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. 20‑321 through 20‑324;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982.
19A NCAC 03I .0307 COURSES OF INSTRUCTION
Commercial driver training schools may teach the following
courses:
(1) For unlicensed persons 18 years of age or older, a
course as follows:
(a) Classroom Instruction. A minimum of six
hours, including (but not limited to) rules of the road and other laws
affecting the operation of motor vehicles, safe driving practices, pedestrian
safety, and the general responsibilities of the driver. No class may consist
of more than 50 students. Classroom work shall be limited to no more than six
hours per day.
(b) Behind‑the‑Wheel Instruction. A
minimum of six hours, including instruction and practice in all the basic
physical skills necessary for proper control of a motor vehicle in all normal
driving situations, such as starting, stopping, steering and turning,
controlling the vehicle in traffic, backing, and parking. A valid learner's
permit issued by the Driver License Section of the Division is required.
(c) A person holding a valid learner's permit
issued by the Driver License Section of the Division shall not be required to
take the six hours of classroom instruction set forth in Sub-item (1)(a) of
this Rule.
(d) A person holding a valid learner's permit or
driver's license issued by the Driver License Section of the Division may
contract for any portion of the six‑hour behind‑the‑wheel
instruction.
(2) For licensed persons a course for purposes of
driver improvement, such as improving their knowledge and skill in the
operation of a motor vehicle.
(3) For unlicensed persons under the age of 18 years, a
course which must be approved by the Commissioner and the State Superintendent
of Public Instruction as follows:
(a) Classroom Instruction shall not include
workbook assignments or other work out of the presence of an instructor. An
instructor or employee of a commercial driver education school shall not
administer a proficiency test. No class may consist of more than 50 students.
Classroom work shall be limited to no more than three hours per day on school
days and six hours per day on non-school days. A minimum of 30 hours shall be
taught, consisting of instruction in:
(i) highway transportation: its social and
economic influences upon life in America;
(ii) drivers: their physical and mental
characteristics and how their capabilities and limitations influence the
traffic scene;
(iii) the automobile: its construction,
maintenance, and safe operation;
(iv) traffic law and enforcement: laws of nature
and man‑made laws; and their relationship to traffic safety;
(v) pedestrians and bicycles: their influence
upon the traffic scene;
(vi) engineering: its influence upon automobiles,
highways, traffic controls, and people;
(vii) driving while impaired; six hours of
instruction on the effects of drinking upon driving and upon accident and death
rates; and
(viii) rights and privileges of handicapped
persons; their rights to use flags, placards, cards, license plates, and
parking places.
(b) Behind‑the‑Wheel Instruction. A
minimum of six hours, actually under the wheel, including:
(i) familiarization with the automobile; the
use of its controls; and the development of skills essential to safe operation
in traffic; and
(ii) driving in traffic with the instructor in a
dual control car to develop abilities needed to follow the soundest course of
action in responding to complex situations.
(iii) simulators may not be substituted for any
part of the six hours of behind-the-wheel instruction.
(c) Restrictions:
(i) Behind‑the‑Wheel instruction
shall be offered to a student only after he has completed the classwork
section. If a student has contracted for both classwork and behind‑the‑wheel
training, behind‑the‑wheel training may begin after classwork
starts and before classwork has been completed. At no time shall a student be
taken out of class to attend behind‑the‑wheel training.
(ii) No student shall operate a motor vehicle
upon any public street or highway unless such student shall have in his
immediate possession a valid Restricted Instruction Permit issued by the
Division.
(iii) No more than two hours of behind‑the‑wheel
training shall be given in any one day. A written record indicating the date
and time of this training shall be kept on file for each student. The record
must be signed by the student in ink after each driving session, and shall not
include any hours of observation of other students, i.e. mere presence in the
car while someone else is driving.
(iv) Whether private, or a contract with a school
system, an instructor may not provide behind-the-wheel training to more than
three individuals. If transporting more than three individual students the
instructor shall operate the vehicle.
(d) Other requirements:
(i) Plans for the content of the curriculum,
its organization, and presentation shall be submitted on Form SBTS‑610 for
the approval of the Commissioner and the State Superintendent of Public
Instruction. In addition, lesson plans for each of the 30 hours must be
submitted.
(ii) Textbooks for use in the classwork section
shall be chosen from those approved by the State Superintendent of Public
Instruction.
(iii) Instructors must be approved by both the
Commissioner and the State Superintendent of Public Instruction.
(iv) All expenses incurred in offering and
teaching these courses shall be paid by the persons enrolled therein or the
school offering the course.
(v) A student may enroll for either the
classroom work or behind‑the‑wheel instruction, or both. A school
may accept certification of completion of classroom instruction from any school
authorized to offer such a course, provided the certificate (Form SBTS‑611A)
is signed by the principal of the public school, or the superintendent of the
administrative unit of which it is a part, or the executive officer of a non‑public
secondary school. All SBTS‑611A forms shall be mailed or taken directly
to the high school for completion by the commercial school owner or
instructor. Under no circumstances shall the form be given to the student.
(vi) Schools offering this course shall issue to
their students upon completion of either or both parts of the course a
certificate furnished by the Division (Form SBTS‑611). This certificate
verifies only the training taught by the commercial school. The student's name
on this certificate must be as it appears on his birth certificate. Schools
shall be accountable to the Division for all certificates issued to them.
(vii) The student, upon submitting certification
of satisfactory completion of both parts of the driver education course, shall
be eligible for licensing as provided by law. Such certification may be from
either or both a public or non‑public secondary school or a commercial
driver training school.
(viii) Schools shall submit reports to the
Division, as may be required by the Division Rules and their books and records
shall be open to inspection by Division representatives at all reasonable
times.
(e) A person completing the 30 and six hour
course who desires additional training may contract for any portion of the six‑hour
behind‑the‑wheel instruction.
(4) For licensed persons taking a course offered by a
restricted commercial driver training school, the following courses are
authorized:
(a) curriculum for evaluation and improvement
for licensed adult drivers only, utilizing over‑the‑road
observation in vehicles not owned by the school or equipment such as driving
simulators;
(b) professional curricula, including one or
more of the following:
(i) police pursuit driving;
(ii) auto‑cross driving;
(iii) emergency‑vehicle driving; or
(iv) road and track racing.
(5) Instructor training program, the requirements for
which are:
(a) the school must be licensed one full year
prior to approval;
(b) all work must be with an instructor licensed
as an Instructor Trainer;
(c) a proposed plan of operation must be
submitted to the Division outlining the training schedule, including:
(i) instruction in:
(A) using effective teaching methods,
(B) writing lesson plans,
(C) reviewing of Rules Governing the Licensing of
Commercial Driver Training Schools and Instructors,
(D) using audio visual equipment and teaching
aids,
(E) filling out fully and properly all
commercial school forms, and
(ii) listing names of Instructor Trainers to be
employed for the training program.
History Note: Authority G.S. 20-321; 20-322; 20-323;
20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; July 1, 1994; December 1,
1993; November 1, 1991; April 1, 1989.
19A NCAC 03I .0308 BRANCHES
A branch shall meet all requirements of a principal place of
business including those listed in Rules .0302 and .0303 of this Section.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. February 1, 1988.
19A NCAC 03I .0401 VEHICLE EQUIPMENT
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) be equipped with:
(a) dual controls on the foot brake;
(b) dual controls on the clutch, if the vehicle
is equipped with a clutch and manual transmission;
(c) seatbelts for both the instructor and the
students which shall be worn by the instructor and students while the vehicle
is being used for instructional purposes;
(d) an outside rearview mirror mounted on the
right side of the vehicle;
(e) a heater and defroster in working condition;
(f) all other equipment required by Chapter 20
of the North Carolina General Statutes;
(g) cushions for short drivers;
(h) seat adjustments which allow the seat to
move easily and smoothly and to be secured;
(i) door locks which operate and have no sharp
knobs;
(2) bear a conspicuously displayed sign with wording to
alert the general public of a "Student Driver," name and phone
number of commercial driver education school, or school system, with whom the
contract is established. The required wording must be visible from both the
front and rear of the vehicle.
History Note: Authority G.S. 20‑321; 20-322;
20-323; 20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; December 1, 1993; September
1, 1990; February 1, 1983.
19A NCAC 03I .0402 REGISTRATION: INSURANCE: INSPECTION
(a) Each vehicle used by the school shall be registered as
required by G.S. 20, and bear a current inspection certificate.
(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 fifty thousand dollars ($50,000) because of injury to or
destruction of property of others in any one accident, one hundred thousand
dollars ($100,000) because of bodily injury to or death of one person in any
one accident, and three hundred thousand dollars ($300,000) 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 by the Division of Motor Vehicle rules. 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.
History Note: Authority G.S. 20-321; 20-322; 20-323;
20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; May 1, 1987.
19A NCAC 03I .0403 EXEMPTION AND SPECIAL REQUIREMENT
Restricted commercial driver training schools shall be
exempt from the equipment requirements of Rule .0401 of this Section. 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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. May 1, 1987.
19A NCAC 03I .0501 REQUIREMENTS
(a) Each instructor of a commercial driver training school
or branch shall:
(1) have at least four years of experience as a
licensed operator of a motor vehicle;
(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 five years immediately preceding the date of
application;
(4) have graduated from high school or hold a
high school equivalency certificate;
(5) not have had convictions for moving
violations totaling five or more points in the three years preceding the date
of application;
(6) have completed the 80-contact-hour,
community-college course for driver education teachers; an equivalent course
approved by the commissioner, or an Instructor Training Program conducted by an
approved Commercial Driver Training School within four years prior to
application;
(7) successfully complete the written test
administered by a Driver Education Specialist; (Allowed only one retest)
(8) successfully complete the Miller Road Test
given by a Driver Education Specialist; (Allowed only one retest)
(9) be issued an instructor’s learning permit,
valid for a three month probationary period;
(10) submit a criminal background check from the
Clerk of Court for each county of residence for the past 10 years;
(11) be observed, evaluated, and recommended by a
Driver Education Specialist within the three month probationary period; and
(12) be exempt from the 80-contact-hour basic
course, Miller Road Test, and the probationary period if the applicant is an
accredited driver education teacher with a current certificate based on the
requirements of the Department of Public Instruction and if he or she
successfully completes the written Commercial Driver Education exam with a
score of 80 or above, and if the test is administered by a Driver Education
Specialist. The applicant is allowed only one retest.
(b) An applicant will be issued an instructor's learner's
permit which will be valid for three months. To be eligible for an
instructor's learner's permit, the applicant shall meet requirements in
Paragraph (a)(1) through (10) of this Rule and shall:
(1) submit an Instructor Application with a
sixteen dollar ($16.00) application fee, copy of high school diploma or high
school equivalency certificate, and physical examination form;
(2) successfully conduct two hours of classroom
instruction within the three-month probationary period, while being observed
and evaluated by a Driver Education Specialist, if the instructor wants to be
licensed as a classroom instructor;
(3) successfully conduct two hours of behind‑the‑wheel
instruction within the three-month probationary period, while being observed
and evaluated by a Driver Education Specialist, if the instructor wants to be
licensed for behind the wheel instruction;
(4) be recommended by a Driver Education
Specialist to receive an instructor’s license;
(5) be exempt from Paragraph (b)(2), (3), and
(4) of this Rule if the applicant is an accredited driver education teacher
with a current certificate based on the requirements of the Department of
Public Instruction.
(c) An instructor at an approved commercial driver training
school may apply for an Instructor Trainer license. The Instructor Trainer
shall:
(1) have five consecutive years as an active
licensed instructor;
(2) submit an application for Instructor
Trainer License with a fee of eight dollars ($8.00);
(3) complete two hours of classroom observation
by a Driver Education Specialist while training instructors, not driver
education students;
(4) complete two hours of behind‑the‑wheel
observation by a Driver Education Specialist while training instructors, not
driver education students;
(5) successfully complete the written test
administered by a Driver Education Specialist; (Allowed only one retest)
(6) successfully complete the Miller Road Test
given by a Driver Education Specialist; (Allowed only one retest)
(7) be recommended by a Driver Education
Specialist;
(8) must requalify each school year.
History Note: Authority G.S. 20-322; 20-323; 20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; April 1, 1999; August 1,
1994; December 1, 1993; November 1, 1991; September 1, 1990.
19A NCAC 03I .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) satisfactory evidence of high school graduation or
equivalency;
(4) evidence of completion of an approved driver
education course;
(5) a driver license record check for the previous
three years if applicant has other than a North Carolina driver license; and
(6) a check or money order in the amount of (sixteen
dollars $16.00).
History Note: Authority G.S. 20-322; 20-323; 20-324;
Eff. July 2, 1979;
Amended Eff. April 1, 1999; May 1, 1987; June 1, 1982.
19A NCAC 03I .0503 RENEWAL APPLICATION
(a) Renewal application shall be made by an instructor
every two years. All licenses expire on the school's anniversary date, and no
instructor 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 license, with all forms and certifications being
required.
(b) At least once every four years, an instructor must take
the two-semester-hour college credit course required for the original license;
provided, however, that an equivalent number of hours (64) may be substituted
for this course in the following manner:
(1) 16 hours (four for each full year of the
four years) for active and continuing teaching of driver education;
(2) 48 or more hours for attendance at teacher
training workshops and short courses, professional driver training meetings and
conferences in the field of driver education which have been approved in
advance by the School Bus and Traffic Safety Section. Approval is to be given
in the following manner:
(A) re-Course (submit for approval):
(i) name and address of agency sponsoring the
workshop, course or conference;
(ii) title, dates, and location of the workshop,
course, or conference;
(iii) brief description of the workshop, course, or
conference, including the number of hours;
(B) Post-Course (submit for approval and credit):
(i) proof of attendance, number of contact hours
actually attended, and passing grade (if applicable);
(ii) brief evaluation of the workshop, course, or
conference.
(c) An accredited driver education teacher with a current
certificate based on the requirements of the Department of Public Instruction
is exempted from the requirements of Paragraph (b) of this Rule.
History Note: Authority G.S. 20-322; 20-323; 20-324;
20-325;
Eff. July 2, 1979;
Amended Eff. April 1, 1999; July 1, 1994; May 1, 1987;
June 1, 1982.
19A NCAC 03I .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 School Bus and Traffic
Safety 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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. June 1, 1982.
19A NCAC 03I .0505 CONFIDENTIALITY
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. July 2, 1979;
Repealed Eff. January 1, 1994.
19A NCAC 03I .0506 LICENSE FEES
History Note: Authority G.S. 20‑324;
Eff. July 2, 1979;
Amended Eff. June 1, 1982;
Repealed Eff. December 1, 1993.
19A NCAC 03I .0507 SURRENDER OF LICENSES
Any licensed commercial driver training instructor who
ceases to give instruction for hire 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. 20‑322 through 20‑325;
Eff. July 2, 1979.
19A NCAC 03I .0508 LICENSE REQUIRED
History Note: Authority G.S. 20‑323;
Eff. July 2, 1979;
Repealed Eff. December 1, 1993.
19A NCAC 03I .0601 REQUIREMENTS
(a) Commercial driver training school contracts with
individual students, public schools, or private schools shall contain (but are
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) classroom instruction:
(i) rate per hour;
(ii) date and time of first lesson and each
subsequent lesson, the length of each lesson, and the total number of hours;
(iii) type of instruction;
(iv) a limit of fifty students and no more than three
hours of classroom work per day on school days and six hours per day on
non-school days for unlicensed individuals under the age of eighteen.
(B) behind‑the‑wheel instruction:
(i) rate per hour;
(ii) date and time of first lesson and each
subsequent lesson, the length of each lesson, and the total number of hours;
(iii) nature of lessons, whether individual or
group. An instructor may not provide behind-the-wheel training to more than
three individual students.
(iv) 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:
"Under this agreement an instructor may not provide behind-the-wheel
training to more than three individual students."
(b) 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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; July 1, 1994; December 1,
1993; May 1, 1987; June 1, 1982.
19A NCAC 03I .0602 PROHIBITED CONTRACT PROVISIONS
Commercial driver training school contracts shall not
contain the following:
(1) the statement "no refund" or its
equivalent. The contract may, however, contain a statement that "The
school will not refund any tuition monies or any part thereof when actual
services have been rendered";
(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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. July 1, 1994.
19A NCAC 03I .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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. June 1, 1982.
19A NCAC 03I .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 in the amount of twenty
thousand dollars ($20,000) to indemnify any student against loss or damage
arising out of the school's breach of contract between the school and the
student (Form SBTS‑606).
History Note: Authority G.S. 20‑324; 20-322;
20-323; 20-324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; July 1, 1994; May 1, 1987;
July 1, 1983.
19A NCAC 03I .0702 CERTIFICATE OF DEPOSIT
A certificate of deposit may be executed and filed in lieu
of a bond (Form SBTS‑607). 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. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982.
19A NCAC 03I .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, including the city,
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.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. July 1, 1994; June 1, 1982.
SECTION .0800 ‑ LICENSE REVOCATION OR SUSPENSION
19A NCAC 03I .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 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 these
regulations or in the application for the license;
(5) failure to maintain adequate standards of
instruction, such as but not limited to, either through lack of qualified
instructors or through lack of equipment sufficient to adequately 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.
History Note: Authority G.S. 20-231; 20‑325;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; April 1, 1989; May 1,
1987.
19A NCAC 03I .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 of 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. 20-231; 20‑325;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; June 1, 1982.
19A NCAC 03I .0803 REVOCATION OR SUSPENSION PROCEDURE
If any school or instructor is alleged to be in violation of
any provision of Article 14, G.S. Chapter 20 or of any provision of these
Regulations, the school or instructor shall be notified by certified or
registered mail of the suspension or revocation. The notification shall set
forth the details of the alleged violation which forms the basis for the
action. The school (through its owner, partner, or corporate officer) or any
instructor, 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
may be represented by counsel. Upon completion of the hearing, the Division
shall notify the school or instructor within 30 days of the decision of the
hearing officer. This decision may be appealed as provided by G.S. 150B.
History Note: Authority G.S. 20-231; 20‑325;
Eff. July 2, 1979;
Amended Eff. December 1, 1993; February 1, 1988; May 1,
1987; June 1, 1982.
19 NCAC 03I .0804 PROBATIONARY PERIOD
If any school or instructor is found to be in violation of
any provision of G.S. 20 Article 14, or any provision of these Rules, the
school or instructor may be placed on probation. The length of the
probationary period may not exceed one year. The probationary period shall be
determined by the Commissioner or the Commissioner's authorized
representative. The request by a school or an instructor for a hearing shall
follow the same procedure as listed in Rule .0803 of this Section.
Authority G.S. 20-321; 20-322; 20-323; 20-325;
Eff. August 1, 2000.
SECTION .0900 ‑ COMMERCIAL TRUCK DRIVER TRAINING SCHOOLS
19A NCAC 03I .0901 PURPOSE
19A NCAC 03I .0902 DEFINITIONS
19A NCAC 03I .0903 CONTRACTS
19A NCAC 03I .0904 CANCELLATION AND REFUND PROCEDURES
19A NCAC 03I .0905 COURSE OF INSTRUCTION
19A NCAC 03I .0906 STUDENT REQUIREMENTS
19A NCAC 03I .0907 REPORTS TO BE SUBMITTED
19A NCAC 03I .0908 ADVERTISING
19A NCAC 03I .0909 MISCELLANEOUS
History Note: Authority G.S. 20‑320 through 20‑328;
Eff. July 1, 1983;
Amended Eff. November 1, 1984; February 1, 1984;
Repealed Eff. May 1, 1987.
