502 KAR 10:040.

Training school facilities.

 

      RELATES TO: KRS

332.030

      STATUTORY

AUTHORITY: KRS 15A.160, 332.100

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.100 provide that the Secretary of

the Justice Cabinet in cooperation with the Commissioner, Department of State

Police, may adopt such administrative regulations necessary to carry out the

provisions of KRS Chapter 332. This administrative regulation establishes the

department's policy regarding standards for driver training school facilities.

 

      Section 1. The

following standards shall apply to driver training school office facilities:

      (1) The driver

training school shall have and maintain an established place of business in the

Commonwealth of Kentucky.

      (2) The

established place of business of each driver training school shall be owned or

leased by the driver training school and regularly occupied and primarily used

by that driver training school for the business of giving driving instructions

for hire, and the business of preparing members of the public for examination

given by the department for a motor vehicle operator's license.

      (3) The

established place of business of each driver training school shall be located

in a district which is zoned for business or commercial purposes. The driver

training school office shall have a permanent sign displaying the school name

in letters at least six (6) inches in height and visible from the street or

road on which the school is located. If the classroom is at a different

address, it too shall have a permanent sign meeting the same criteria. The

hours during which the driver training is conducted shall also be displayed. If

these requirements do not comply with local zoning laws, the department shall

permit a sign of a type which does comply.

      (4) The

established place of business or advertised address of any driver training

school shall not consist of or include a house trailer, residence, tent,

temporary address, office space only, a room or rooms in a hotel, rooming house

or apartment house, or premises occupied by a single or multiple unit dwelling

house. The residence requirement of this rule shall not apply to compel the

discontinuance of a driver training school which was already established and

operational on or before June 16, 1966.

      (5) The place of

business shall be operated by responsible personnel during stated office hours

and shall be open to inspection of the premises, facilities, records and

vehicles by any authorized representative of the cabinet during this time.

      (6) The place of

business shall have a business telephone used exclusively for the operation of

the driving school.

      (7) A driver

training school shall not transfer its license nor change its place of business

without the prior approval of the department. There will be a $200 fee for

transfer of ownership, which will be treated as an original application for

license.

 

      Section 2. The

following standards shall apply to driver training school branch offices:

      (1) A driver

training school desiring to open a branch office shall make application on a

form prescribed by the department. If application is approved, the department

will issue a copy of the license of the principal place of business,

appropriately endorsed, for use at the branch office. This copy shall be

conspicuously displayed in such branch office at all times.

      (2) A branch

office or its equipment may not be moved to a new location without the prior

approval of the department.

      (3) Should a

branch office be discontinued, the branch office copy of the license shall be

surrendered immediately to the department.

      (4) The branch

office shall meet all of the requirements of the licensed principal place of

business.

      (5) There will

be a fee of $100 for licensure of each branch office.

 

      Section 3. The

following standards shall apply to driver training school classroom facilities:

      (1) The

classroom facility of each driver training school shall be reasonably near its

office facility and within thirty (30) minutes normal driving time of that

facility.

      (2) The

classroom shall contain sufficient space and equipment to carry on the business

of giving classroom instruction for students enrolled in the driver training

school, and preparing students for examination for a motor vehicle operator's

license.

      (3) The

classroom facility shall have adequate lighting, heating, ventilation,

sanitation facilities, and shall comply with all state and local laws relating

to public health, safety and sanitation.

      (4) The

classroom facility shall contain the following equipment and supplies:

      (a) Individual

desks or tables providing writing surfaces for not less than eight (8)

students;

      (b) Adequate

blackboards which are visible from all seating areas;

      (c) Adequate

charts and diagrams or pictures relating to the operation of motor vehicles and

traffic laws;

      (d) One (1) of

the following:

      1. A sixteen

(16) millimeter sound movie projector and screen for showing driver training

and sound films; or

      2. A thirty-five

(35) millimeter slide projector and slides; or

      3. A video/audio

display screen of not less than nineteen (19) inches diagonal measure, capable

of being operated in conjunction with a video tape for showing driver training

instruction; and

      (e) A copy of

these rules and administrative regulations displayed so as to be accessible to

all students.

      (5) In addition

to the foregoing, the following are suggested teaching aids:

      (a) A reaction

time testing device;

      (b) Peripheral

vision testing device;

      (c) Magnetic

traffic boards; and

      (d) Such other

devices as may help to acquaint students with traffic laws and prepare them to

safely operate motor vehicles.

      (6) A minimum of

five (5) hours of classroom instruction shall be available to each student

receiving driving training from a driver training school.

 

      Section 4.

Driver training schools shall make available both theoretical and practical

instruction as follows:

      (1) Practical

instruction in driver training shall include the demonstration of, and actual

instruction in, starting, stopping, shifting, turning, backing, parking, and

steering in a training vehicle which meets the regulatory requirements set

forth herein.

      (2) Theoretical

instruction in driver training shall include subject matter relating to rules

of the road, safe driving practices, pedestrian safety, mechanics of motor

vehicles, driver responsibility, the Kentucky point system, types of automobile

insurance, and use of automobile safety devices.

 

      Section 5. Each

school shall publish a schedule of fees or charges for behind-the-wheel

lessons, classroom lessons, and all other fees or charges made by the school. A

copy of this schedule shall be filed with the department.

 

      Section 6. Each

school shall inform each student, prior to the time instruction commences, of

the character and amount of any and all fees or charges made for enrollment or

registration, tuition, and use of any other service or equipment or materials

provided by the school.

 

      Section 7.

Before any driver training school office or branch office, or equipment

thereof, is moved to another location, the department shall be notified and the

new location shall be inspected and approved. (PSfty-DTS-3-A, 3-B, 3-C; 1 Ky.R.

1032; eff. 6-11-75; Am. 12 Ky.R. 1622; 1832; eff. 5-6-86.)