CHAPTER 120

COMMERCIAL DRIVER TRAINING SCHOOL REGULATIONS (REPEALED)

Part I

General Provisions

24VAC20-120-10. Definitions. (Repealed.)

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Class A licensee" means a school which provides occupational training in the operation of tractor-trailer or motor vehicles in excess of 20,000 pounds, exclusive of any load.

"Class B licensee" means a school which provides training in the operation of any type of motor vehicle other than those included in Class A licensure.

"Commercial driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. "Commercial driver training school" or "school" does not mean any college, university, school established pursuant to §46.2-1314 of the Code of Virginia, school maintained or classes conducted by employers for their own employees where no fee or tuition is charged, schools or classes owned and operated by or under the authority of bona fide religious institutions, or by the Commonwealth or any political subdivision thereof, or schools accredited by accrediting associations approved by the Department of Education.

"Commissioner" means the Commissioner of the Department of Motor Vehicles of the Commonwealth.

"Department" means the Department of Motor Vehicles (DMV) of the Commonwealth.

"Instructor" means any person, whether acting for himself as operator of a commercial driver training school or for such school for compensation, who teaches, conducts class, gives demonstrations, or supervises persons learning to operate or drive a motor vehicle.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §1.1, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

Part II

Entry Requirements

24VAC20-120-20. School requirements. (Repealed.)

A. Schools seeking a license shall file a completed copy of an application for a commercial driver training school license.

B. Schools seeking a license shall file with the Department of Motor Vehicles (DMV) evidence of insurance on all of its vehicles with a company authorized to do business in the Commonwealth of Virginia, in the minimum amounts as required by §46.2-472 of the Code of Virginia. The policy shall include uninsured motorist coverage.

The school shall provide and maintain evidence of insurance coverage on a Certificate of Insurance or similar form with the department. The certificate shall be filed upon application and at other times of the licensure period as requested by the department. The certificate shall stipulate the specific motor vehicles covered and that the department will be notified by the insurance carrier 10 days before the policy expires or if the policy is canceled or not maintained in full force.

Each school shall provide written notice to the commercial driver training school section of the DMV in the event that any motor vehicle is added or deleted from the insurance policy during the coverage period. The notice shall include the make, model, year, vehicle identification number and the license plate number. The notice shall be received by DMV prior to using such motor vehicle for driver education instruction.

C. The owner or manager of a commercial driver training school shall submit with their application a criminal background check provided by their local law-enforcement agency. The DMV may refuse to approve any application in which the owner or manager has been convicted of a felony, including but not limited to bribery, forgery, fraud or embezzlement under the laws of the Commonwealth or any other state or under the laws of the United States of America or a conviction of any offense included in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or of any similar laws of any other state or of the United States.

D. To avoid any conflict of interest, DMV shall not approve any Class A school license for any applicant that is certified by DMV as a Third Party Tester for the commercial driver''s license (CDL) skills testing.

E. The location of a school''s place of business or classroom and practice driver training area shall be a distance of at least 1500 feet from any property owned, leased or maintained by DMV for examining motor vehicle operators. Such distance shall be measured along the public streets by the nearest route from the commercial driver training school place of business or classroom. This section shall not apply to school locations that were licensed on or before January 1, 1993.

F. No school, instructor or representative of a school shall knowingly use, or permit its instructors to use, any DMV driving test routes or sites for driver licensing skills examinations for the purpose of instructions or practice during the normal business hours of the DMV branch office. No school, instructor or representative of a school shall park any school vehicle on DMV owned, leased or maintained property after regular business hours without written approval from the branch office manager.

G. The fee for a school license is $100 per year. The license shall expire on the last day of the 12th month succeeding the date that the license was issued. Commercial driver training schools may elect to secure a two-year license for $200 which shall expire the last day of the 24th month succeeding the date that the license was issued. At the discretion of the commissioner fees may be prorated. All fees are nonrefundable.

H. Any school applying to provide a motorcycle driver training course shall be considered in accordance with §§46.2-1188 through 46.2-1192 of the Code of Virginia and the Rules and Regulations for the Motorcycle Rider Safety Training Center Program (24VAC20-50-10 et seq.).

I. All schools licensed to conduct commercial driver training school business shall file with the Department of Motor Vehicles a surety bond in the sum of $100,000 for a Class A license and $5,000 for a Class B license, payable to the Commonwealth of Virginia, issued by a corporation licensed to transact surety business in the Commonwealth. The surety bond shall be filed with each application and must provide coverage for the entire licensure period.

J. The application fee, certificate of insurance, the surety bond and background check or checks must accompany the application. If applicable, the application package shall also include a copy of a notarized statement pertaining to oral contracts as provided under 24VAC20-120-50 E of this chapter. All proper applications will be either approved or denied within 30 days of receipt.

K. The application package should be submitted to the Commercial Driver Training School section at the address shown on the application.

L. There will be a $25 processing fee to process a request to upgrade a school license during the licensure period in order to be certified to teach students under 19 years of age as provided in 24VAC20-120-80 of this chapter. The expiration on any upgraded license issued shall be the same as the current license.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.1, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-30. Place of business. (Repealed.)

A. No license shall be issued to any school unless an established place of business is maintained within the Commonwealth which is owned or leased by a principal, where a substantial portion of the business is routinely conducted and which:

1. Satisfies all local business licensing and zoning regulations;

2. Has office space devoted exclusively to the commercial driver training school;

3. Houses all records that are required under the provisions of this chapter;

4. Is equipped with a desk, chairs, filing space, a working telephone listed in the name of the school and working utilities;

5. Has restroom facilities; and

6. Complies with federal, state and local health, fire and building code requirements.

In the event that a post office box number is used for postal delivery, the school shall also provide the street address or physical address of the established place of business.

Any commercial driver training school licensed at their current site on or before January 1, 1993, shall be considered to be in compliance with the provisions of this subsection.

B. Each commercial driver training school that engages in classroom instruction shall maintain, in addition to space for business operations, a classroom. Any such classroom shall provide a minimum of 10 square feet per student attending at a given time.

The classrooms used for teaching students shall be equipped as follows:

1. Seating arrangements and writing surfaces for each student;

2. Writing surfaces which shall be visible from all seating positions;

3. A library of driver education reference books, including appropriate text books for each student;

4. Appropriate audio/video equipment and screen;

5. Restroom facilities; and

6. Compliance with federal, state and local health, fire and building code requirements.

Any school licensed at their current site on or before January 1, 1993, shall be considered to be in compliance with the provisions of subdivisions 1 through 5 of this subsection.

In addition to the established place of business address, all addresses or physical locations of classrooms, driving range facilities or any other facility used by the school shall be provided to DMV in writing.

C. Each school business office shall be open to the general public a minimum of eight hours per week. Such hours shall be posted in a conspicuous location at the place of business.

D. The current schedule of fees and charges shall be prominently posted at the established place of business.

E. The school license shall be prominently posted at the established place of business.

F. Each school licensed by the department must notify DMV, in writing, 30 days prior to a change of address. The school shall return the current license to DMV so that a revised license may be issued. There is a $3.00 processing fee for a change of address.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.2, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-40. Nature of business records to be maintained. (Repealed.)

The following records shall be maintained by each licensed school:

1. A record of each student showing name, address, telephone number, driver''s or permit license number, dates of instruction, fees paid, name of the instructor providing instruction, testing materials or records, a copy of the Commercial Driver Education Certificate and, if applicable, a copy of the contract;

2. The records for students under 19 years of age must distinguish the number of periods of classroom instruction, the number of periods of behind-the-wheel driving and the number of periods of behind-the-wheel observation. Such record shall also indicate the names of any other student or students in the vehicle completing the required observation instruction;

3. It shall be the responsibility of the commercial driver training school to determine the successful completion of any student under 19 years of age in the theoretical and practical driving instruction by means of established, written performance measurements of the student''s theoretical and practical skills knowledge. The results of such measurements shall be maintained with each respective student''s records.

Schools shall issue within five working days of the final lesson any documentation needed to obtain a driver''s license, verification for insurance companies or for employment purposes to any student upon successful completion of the instruction requirements, except when full tuition has not been satisfied.

All schools teaching students under 19 years of age may provide additional instruction to students in order to bring their skills up to a passing level. Any fees associated with such additional instruction shall be posted as provided in 24VAC20-120-30 D or referenced in the oral or written contract;

4. Copies of all insurance policies, surety bonds, local business license and any necessary zoning documentation; and

5. A personnel file on each instructor. The file shall include the instructor''s name, address, driver''s license number, commercial driver training school instructor number and a copy of the college transcript as required under 24VAC20-120-150 H 2 of this chapter or a valid Virginia teaching license.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.3, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-50. Driver training school contracts. (Repealed.)

A. All written contracts or agreements between any Class B school and any individual or group for the sale, purchase, barter or exchange of any driving instruction or any classroom instruction, or the preparation of an applicant for an examination given by the DMV for a driver''s license or instruction permit must contain the following:

1. Any school certified to teach students under 19 years of age must include a statement indicating the minimum number of periods of classroom instruction that is required for any student under 19 years;

2. Any school certified to teach students under 19 years of age must include a statement indicating the minimum number of periods of behind-the-wheel instruction that is required for any student under 18 years of age;

3. A statement indicating the contract price per period, lesson, or as a package, and the terms of the payment;

4. A statement disclosing if there is an additional charge for the use of the school vehicle in taking a driving test to obtain a driver''s license from DMV;

5. A statement indicating the specific date and time when instruction is to begin for students taking classroom instruction;

6. Licensees shall include a statement that the attendance at a commercial driver training school is not required for students over 19 years of age in order to secure a driver''s license;

7. The name and address of the school and the name and address of the student; and

8. All contracts shall be signed by a school representative and the student. In addition, any contract between a Class B commercial driver training school with a student under 18 years of age shall be signed by a parent or legal guardian.

B. All contracts for services offered by a Class A commercial driver training school shall be in writing.

The written contract by a Class A licensee shall include the provisions of subdivisions 3, 4, 5, 7 and 8 of subsection A of this section.

C. Notwithstanding the language of the contract, a refund of any fees or tuition or any part of fees or tuition must be provided upon request unless the school is capable or willing to perform its part of the contract within a reasonable time period.

D. All written contracts shall state that the instruction provided does not guarantee that any student will pass the state license examination or that the student can secure a license, or that the student will be guaranteed employment upon completion of any course instruction.

E. If there is no written contract by a Class B school, the school shall provide the student or his legal guardian a written notice containing information regarding the provisions of subdivisions 1 through 6 of 24VAC20-120-60 A, C and D and shall file with DMV a notarized, written statement indicating that the school is providing such notice and that all of the school''s oral contracts and agreements have complied, and will comply, with the these subdivisions and subsections. Such statement shall be filed at the time of initial application and with subsequent renewal applications.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.4, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-60. Notice required to DMV. (Repealed.)

A. Each school shall notify the commercial driver training school section of DMV in writing no later than the 15th of the month, following the month of termination of employment of any licensed instructor. The school shall also make every reasonable attempt to return to DMV such instructor''s license.

B. In the event of cessation of business, the commercial driver training school shall submit to the commercial driver training school section of DMV, within 15 days of such date, a written statement explaining the reason for closing, the school license, all instructors'' licenses and the past six months of students'' records.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.5, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-70. Availability of records. (Repealed.)

A. All records shall be kept at the established place of business for a period of at least three years.

B. All school records as provided in 24VAC20-120-40 shall be open and available for inspection by any officer or employee of DMV or any law-enforcement officer during normal business hours. In the event that copies of such records are not readily available, DMV may secure and remove, for a period of three business days, these records for the purpose of photocopying.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.6, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-80. Certification to teach students under 19 years of age. (Repealed.)

A. All schools teaching students under 19 years of age for purposes of securing a driver''s license or instruction permit under the provisions of §§46.2-323, 46.2-334 and 46.2-335 of the Code of Virginia are required to offer a course that is of comparable content and quality to that offered in the public schools. Schools certified by DMV to teach students under 19 years of age shall comply with the classroom and behind-the-wheel instructional standards established by the Department of Education through the Curriculum Guide for Driver Education in Virginia which is incorporated by reference in this chapter.

B. All schools certified to teach students under 19 years of age shall employ at least one instructor who is certified under the requirements set out in 24VAC20-120-150 H of this chapter.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.7, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-90. Curriculum for students under 19 years of age. (Repealed.)

A. The minimum hours of instruction for students under 19 years of age shall comply with the provisions of the Curriculum Guide for Driver Education in Virginia.

B. The course shall include specific information regarding the influence of alcohol and drugs as they relate to driving a motor vehicle.

C. The course shall include specific attention to the laws of the Commonwealth regarding safety belt use. The instruction shall consist of information on basic safety belt use, passive restraint systems, automatic shoulder harness systems with manual lap belts and child safety seats.

D. For purposes of teaching behind-the-wheel instruction to students under 19 years of age, the number of persons in a vehicle during behind-the-wheel instruction shall be limited to no more than four, including the driver and the instructor, or the maximum passenger capacity of the vehicle (i.e., the number of safety belts), whichever is smaller.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.8, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-100. Class A license curriculum. (Repealed.)

A. All schools issued a Class A license shall provide theoretical and practical instruction in the operation of tractor-trailers or motor vehicles in excess of 20,000 pounds, exclusive of any load.

B. The theoretical instruction shall include, but need not be limited to, the following areas:

1. State motor vehicle laws;

2. Virginia Motor Carrier Act;

3. Federal Motor Carrier Safety rules and regulations relating to the operation of trucks, commercial tractors, trailers, and semi-trailers, and motor vehicles transporting flammable or hazardous cargo;

4. Special stops required (e.g., railroad crossings);

5. Virginia laws relating to equipment, brake systems, lightings, and display of emergency equipment;

6. Registration and licensing laws;

7. Special taxes;

8. Accident reporting and safety responsibility laws;

9. Safe and courteous driving practices;

10. Routine service and pretrip safety check; and

11. Use of occupant protection devices, including their benefits and effectiveness in motor vehicle collisions.

C. Not more than 30% of the total classroom hours may be devoted to the showing of slides or films.

D. The practical instruction shall include, but need not be limited to, the following areas:

1. Starting;

2. Stopping;

3. Turning;

4. Braking;

5. Parking;

6. Docking;

7. Hooking-up and unhooking trailers and semi-trailers;

8. Display of emergency equipment;

9. Use of hazard lighting system;

10. Checking and servicing all the component parts of such vehicles; and

11. Pretrip inspection.

E. For the purposes of behind-the-wheel instruction by a Class A licensee, there may be no more than five persons, including the driver and instructor in the passenger portion of the vehicle.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.9, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-110. Equipment. (Repealed.)

A. Every school shall provide all necessary equipment and materials required for classroom and behind-the-wheel instruction, including motor vehicles that are in safe mechanical condition.

B. Each vehicle used for driver education in a school with a Class B license shall have dual controls consisting of dual brakes, dual inside rearview mirror, dual clutch (if it has standard transmission) and right-hand and left-hand outside mirrors. Any training vehicle or vehicles used for Class B license instruction shall not be more than eight model years old.

C. In addition to equipment required by the Motor Carrier Safety rules and regulations, each vehicle used for driver education in a school with a Class A license shall have dual braking capability. The cab of such vehicle shall be designed to have safety belts for each individual in the tractor-trailer.

D. All passenger vehicles shall be marked by a rooftop sign in bold letters not less than two and one-half inches in height, clearly visible 100 feet from both the front and rear, stating "Student Driver," "Learner," "New Driver," "Driver Education" or "Caution-Student" when engaged in driver education or when the vehicle is being used for testing purposes. All vehicles used for driver instruction in a school with a Class A license shall have similar signs with letters of not less than four inches affixed to the rear, sides and front of the vehicle.

All passenger vehicles and vehicles used in a school with a Class A license shall display the name of the school as shown on the license on the outside of the vehicle when engaged in driver education or when the vehicle is being used for testing purposes. For passenger vehicles, the name of the school shall be included on the rooftop sign or it may be affixed to both sides of the vehicle.

E. The Department of Motor Vehicles may exempt any school teaching disabled individuals from the requirement to provide motor vehicles, on a case-by-case basis. The school may use the student''s vehicle for their behind-the-wheel instruction in the event that it is cost prohibitive for the school to maintain certain specialized equipment or if such equipment is not readily installed and removed or if it provides necessary practical experience for the student in their own vehicle. When using a student''s vehicle, the school shall photocopy the current insurance policy covering such vehicle and maintain with the student''s file. The school shall also send a written notice to the commercial driver training school section for the DMV stipulating the reasons for using the student''s vehicle and the anticipated dates of instruction as well as a copy of the insurance policy prior to beginning instruction.

Any school that uses a disabled student''s motor vehicle must ensure that the vehicle is equipped with a dual brake and such vehicle is required to utilize a rooftop sign as specified under subsection D of this section.

F. No motor vehicle may be used for driver education unless it displays a current and valid Virginia safety inspection sticker or, alternatively, in the case of vehicles over 20,000 pounds, has a valid Federal Highway Administration inspection.

G. No motor vehicle may be used for commercial driver education unless it is owned or leased in the name of a commercial driver training school licensed by DMV or the school owner as indicated on the application for the commercial driver training school license, except as provided in subsection F of this section.

H. Any motor vehicle used by a commercial driver training school for the purposes of providing behind-the-wheel instruction or used for the purposes of taking the DMV skills examination shall contain a current and valid registration in the vehicle.

I. All schools that rent their motor vehicles to individuals that are not bona fide students for purposes of taking the driving examination at the Department of Motor Vehicles shall comply with the rentor''s certificate of registration as set out in §58.1-2400 et seq. of the Code of Virginia.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.10, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-120. Advertising, guarantees, soliciting business, name. (Repealed.)

A. A school shall not use any name other than that shown on its license.

B. Any school that utilizes "Department of Motor Vehicles" or "DMV" in any form of advertising including but not limited to telephone directories shall use only the words "Licensed by the Department of Motor Vehicles (or DMV) of the Commonwealth of Virginia."

C. Schools shall not use false, deceptive or misleading information in any advertisement.

D. No school, instructor or representative of a school shall assert or imply that it will guarantee that any student will pass the state license examination or that the student can secure a license, or that the student will be guaranteed employment upon completion of any course of instruction.

E. No school, instructor or representative of a school shall transact or solicit driver training school business on property owned, rented or maintained by the Department of Motor Vehicles.

F. No school, instructor, or representative of a school shall provide translation services for the purposes of any individual who is taking the DMV written examination.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-130. School license renewal required. (Repealed.)

A. The department will make every effort to mail a renewal notice to the licensee outlining the procedures for renewal at least 45 days prior to the expiration of their license. Failure to receive this notice shall not relieve the licensee of the obligation to renew.

B. Each licensed school applying for renewal shall return the renewal application, certificate of insurance, surety bond, background checks and fee of $100 for a one-year license or $200 for a two-year license to the Commercial Driver Training School section at the address shown on the application on or before the 15th day of the month in which the current license expires. If applicable, the package shall also include a copy of a notarized statement pertaining to oral contracts as provided under 24VAC20-120-50 E.

C. No school will be permitted to continue operation upon the expiration of its license. In the event that a school fails to apply for renewal of the school license within 30 days following the expiration date, a penalty of $100 shall be assessed in addition to the renewal fee. This penalty provision shall apply for the duration of the current licensure period.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.12, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-140. School licenses not transferable. (Repealed.)

A. A change in ownership requires an application for an original license along with the documents and fees required under 24VAC20-120-20 J to be submitted to DMV at least 30 days in advance of the effective date of the change. The school shall not operate under the new or different individual, association, partnership or corporation until and unless an original license has been issued reflecting the change.

B. Commercial driver training school licenses shall not be sold, loaned, bartered or given by a licensee or an agent of a licensee to another individual, association, partnership or corporation.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §2.13, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

Part III

Instructor Licensing

24VAC20-120-150. Instructor requirements. (Repealed.)

A. Instructors seeking a license shall file a completed application for a commercial driver training school instructor.

B. Instructors seeking a license shall be employed by a licensed school. No instructor shall be employed by more than one school, unless the schools are owned by the same person. Instructors employed by more than one school will be required to submit an application and appropriate fees for each school. Any instructor licensed on or before January 1, 1993, at more than one school not owned by the same person shall be deemed in compliance with this section.

DMV will consider instructor applications filed simultaneously with an original school application.

C. Instructors seeking a license shall have at least five years driving experience, two years of which shall be experience in the United States or a territory thereof. In the event that an applicant uses documents from a foreign country to substantiate five years of driving experience, the records must exhibit the individual''s name, the license number, the date of issue, the date of expiration and notation of any violations.

D. Instructors seeking a license to teach passenger vehicle instruction shall hold a valid driver''s license from their state of domicile at the time of licensing and throughout the entire licensure period. Instructors seeking a license to teach at a school with a Class A license shall hold a valid commercial driver''s license from their state of domicile at the time of licensing and throughout the licensure period. If such licenses are from another state, the licensee must provide a copy of their driving record from that jurisdiction upon application and on a quarterly basis.

E. Instructors seeking a license to teach at a school with a Class A or Class B license shall upon licensing and throughout the licensure period maintain a driving record not exceeding six demerit points. In the event that the driving record is from another state or foreign country the department will apply Virginia''s equivalent demerit points. Furthermore, instructors seeking a license to teach at a Class A licensed school shall upon licensing and throughout the licensure period maintain a driving record with no more than one serious traffic violation as defined in §46.2-341.20 of the Code of Virginia during the preceding three-year period.

F. Instructors seeking a license shall submit with their application a criminal background check provided by their local law-enforcement agency. The DMV may refuse to approve any application in which the instructor has been convicted of a felony, including but not limited to bribery, forgery, fraud or embezzlement under the laws of the Commonwealth or any other state or under the laws of the United States of America or a conviction of any offense included in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or of any similar laws of any other state or of the United States.

G. Instructor applicants shall not be issued a license if they have a conviction of driving under the influence (DUI), reckless driving, refusal to submit to a breath or blood test under §18.2-268 of the Code of Virginia or vehicular homicide or of any similar ordinances of any county, city or town or of any other state within 18 months of the date of receipt of the application.

H. In addition to other requirements, an instructor seeking certification to teach students under 19 years of age shall:

1. Have at least a high school diploma or equivalent.

2. Submit, with the application, a certified copy of a transcript or transcripts from an accredited college or university showing successful completion of three semester hours of "Introduction to Driver Education: Driver Task Analysis" and three semester hours of "Instructional Principles of Teaching Driver Education" or similar such courses as approved by the Virginia Department of Education. In lieu of college transcripts, submission of a valid Virginia teaching license with a driver education endorsement may be acceptable.

Any instructor who has been certified as a paraprofessional by the Department of Education in the public school system may be certified to provide instruction to students under 19 years of age for behind-the-wheel instruction only. Such applicant shall be required to submit along with the application appropriate verification from the Virginia Department of Education.

I. In addition to other requirements, an instructor seeking certification to teach students over 19 years of age in Class B schools shall submit, with the application, a copy of a transcript from an accredited college or university showing successful completion of three semester hours of "Introduction to Driver Education: Driver Task Analysis." This provision shall not apply to any instructor who was licensed to teach students over 19 years of age on or before January 1, 1993.

J. The fee for an instructor license shall be $50 per year. The instructor''s license period shall coincide with the expiration of the respective school license expiration. An instructor may elect to secure up to a two-year license for $100. The expiration of any such license shall coincide and not exceed the respective school license expiration. At the discretion of the commissioner fees may be prorated on a monthly basis. All fees are nonrefundable.

K. The application fee and background check shall accompany the application. Any appropriate documentation for teaching students over or under 19 years of age shall be submitted with the original application. Any instructor relying on a Virginia teaching license shall submit a valid copy of such license upon original application and upon renewal of the license. All proper applications will be either approved or denied within 30 days of receipt.

L. The application package should be submitted to the Commercial Driver Training School Section at the address shown on the application.

M. All licensed instructors shall have their instructor''s license in their possession at all times while providing commercial driver training school instruction.

N. Each school instructor licensed by the department shall notify the commercial driver training school section, in writing, within 30 days of moving to a new residential address.

O. In the event that the school licensed by the department changes the school address, the instructor shall return the current license to DMV so that a revised license may be issued. There is a $3.00 processing fee for a change of address.

P. There will be a $10 processing fee to process a request to upgrade an instructor license during the licensure period in order to be certified to teach students under 19 years of age as provided in subsection H of this section.

Q. Instructors shall maintain their current residential address on their driver''s license.

R. Any instructor applying as a motorcycle instructor shall be considered in accordance with §§46.2-1188 through 46.2-1192 of the Code of Virginia and the Rules and Regulations for the Motorcycle Rider Safety Training Center Program (24VAC20-50-10 et seq.).

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §3.1, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-160. Instructor license renewal required. (Repealed.)

A. The department will make every effort to mail a renewal notice outlining the procedures for renewal at least 45 days prior to the expiration of the license to the licensee at the established place of business. Failure to receive this notice shall not relieve the licensee of the obligation to renew.

B. Each licensed instructor applying for renewal shall return the renewal application, background check and fee of $50 for a one-year license or $100 for a two-year license to the Commercial Driver Training School section at the address shown on the application on or before the 15th day of the month in which the current license expires. Each instructor''s license will expire on or before the expiration date of the respective school license.

C. No instructor will be permitted to continue instructing students upon the expiration of the instructor''s license. In the event that an instructor fails to apply for a renewal license within 30 days following the expiration date, a penalty fee of $50 shall be assessed in addition to the renewal fee. This penalty shall apply for a period of 12 months after the expiration of the previous license. DMV shall not issue a renewal instructor license in the event that the school license is not renewed or approved.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §3.2, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-120-170. Transfer of instructor license. (Repealed.)

Commercial driver training school instructor licenses shall not be transferred from the current school to another school without the expressed written approval and relicensing by the DMV. All transfers shall be requested in writing by the instructor. Such instructors shall submit a completed application for a commercial driver training school instructor as well as other documents requested. There will be a $25 processing fee to transfer an instructor license from one school to another.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §3.3, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

Part IV

Standards of Practice

24VAC20-120-180. Discipline. (Repealed.)

A. The Department of Motor Vehicles may refuse to license a school or instructor and may cancel, suspend, revoke or refuse to renew a license and may impose a civil penalty for any licensee for any of the following:

1. Giving prospective students false, misleading, or fraudulent information relating to the school;

2. Failure to provide instruction within a reasonable period following enrollment in a driver education course;

3. Failure to provide a consumer, upon request, with information regarding the address and telephone number of the commercial driver training school section of DMV for purposes of filing a complaint on the school or an instructor;

4. Failure to comply with any provisions of this chapter;

5. Failure for a school or instructor licensed to teach students under 19 years of age to comply with the teaching standards of the Curriculum Guide for Driver Education in Virginia;

6. Failure of a school to comply with written or oral driver training school contracts;

7. Contractual, oral or implied business practice of indicating that a student under 18 years of age has successfully completed classroom instruction on the condition that such student completes the behind-the-wheel instruction with that school or any school designated by such school;

8. Payment of any fee associated with commercial driver training school program by a personal or corporate check on an account with insufficient funds or on a closed account;

9. Providing translation services for any individual who is taking the DMV written examination;

10. Employing or otherwise engaging an instructor not properly licensed by the Department of Motor Vehicles;

11. Providing instruction in the operation of a type of vehicle which the instructor is not licensed to operate;

12. Failure of an instructor with an out-of-state driver''s license or commercial drivers license to submit a copy of the driving record on or about February 15, May 15, August 15 and November 15 each year;

13. Exceeding the maximum allowance of violations on an instructor''s driving record as provided in 24VAC20-120-150 E;

14. Failure to maintain driver education equipment in a safe condition;

15. Failure to equip motor vehicles with proper signage;

16. Not providing the minimum number of hours of classroom or behind-the-wheel instruction for students under 19 years of age;

17. Permitting more than one student 18 years of age or older in a passenger vehicle under his control while teaching driver education, except when the licensee is training driving instructors or providing instruction as a Class A licensee;

18. Falsification of information on the application, the college transcripts, the Virginia teaching license, surety bond, or of the insurance documentation;

19. Falsification of any form, certificate or document required for a student to obtain the driver''s license or used in connection with teaching driver education;

20. Possession, use, sale or giving of any Department of Motor Vehicle test materials or test answers;

21. Assisting or facilitating the creation of false identification for individuals;

22. Violation or conviction of the owner, manager or instructor of a commercial driver training school of any felony, including but not limited to bribery, forgery, fraud or embezzlement under the laws of the Commonwealth of Virginia or any other state or the laws of the United States of America or of any offense included in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or of any similar laws of any other state or of the United States;

23. Upon conviction of refusal to submit to a breath or blood test as prescribed under §18.2-268 of the Code of Virginia; and

24. Violation or conviction of state or federal safety regulations or the laws of the Commonwealth including without limitation those of the Departments of Motor Vehicles, Education and State Police.

B. The commissioner may immediately suspend, revoke or refuse to renew a license based upon a finding that the instructor''s driver''s license or commercial driver''s license has been suspended, revoked, or disqualified, or upon receiving a record of a conviction of serious motor vehicle related offenses punishable as a misdemeanor or felony including driving under the influence or reckless driving. In addition to other provisions of this chapter, the commissioner may immediately suspend, revoke or refuse to renew license of an instructor based upon a finding of a conviction of Chapter 4 (§18.2-30 et seq.) of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or any similar laws of any other state or of the United States.

C. The department may, in addition to other provisions, assess a civil penalty not to exceed $1,000 for each violation or any provision of the laws or regulations related to commercial driver training schools.

D. For the purposes of this section, if a school licensee is an individual, association, partnership or corporation, it shall be sufficient cause for the cancellation, suspension, revocation or refusal to renew a school license in the event that any officer, director, instructor, employee, or any trustee or member of a partnership or corporation has committed any act or omitted any duty which would be cause for canceling, suspending, revoking, or refusing to renew a license issued to him as an individual under the laws and regulations pertaining to commercial driver training schools. Furthermore, each school licensee owner or manager shall be responsible for the acts of any instructor or employee while acting as his agent, if the licensee approved of those acts or had knowledge of those acts or other similar acts and after such knowledge retained the benefit, proceeds, profits or advantages accruing from those acts or otherwise ratified those acts.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from VR485-60-9201 §4.1, eff. December 16, 1992; repealed, Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

DOCUMENTS INCORPORATED BY REFERENCE (Repealed.)

Curriculum Guide for Driver Education in Virginia January, 1993.

Department of Education and Department of Motor Vehicles.

CHAPTER 121

VIRGINIA DRIVER TRAINING SCHOOLS REGULATIONS

Part I

General Provisions

24VAC20-121-10. Definitions.

The terms "Class A licensee," "Class B licensee," "driver training school" or "school," and "instructor" are defined in §46.2-1700 of the Code of Virginia. In addition to those definitions, the following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Class A license" means a license issued by the Department of Motor Vehicles to a driver training school that provides training in the operation of any type of commercial motor vehicle as defined in §46.2-341.4 of the Code of Virginia.

"Class B license" means a license issued by the Department of Motor Vehicles to a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in §46.2-341.4 of the Code of Virginia.

"Commissioner" means the Commissioner of the Virginia Department of Motor Vehicles.

"Curriculum" means the courses of instruction and other relevant materials related to driver training offered by driver training schools.

"Department" means the Virginia Department of Motor Vehicles. For notification and document submission purposes, department shall specifically mean the Commercial Licensing Division at the headquarters office of the Virginia Department of Motor Vehicles in Richmond.

"General compliance review" means a formal review by the department of a driver training school's operations, facilities and records to determine compliance with statutory and regulatory requirements.

"In-vehicle instruction" means the delivery of information and experience by an instructor to a student who is in or driving a motor vehicle, and where observing the driving skills and actual driving experiences of other students is a major component.

"National criminal records check" means a criminal background check performed by the Department of State Police that includes all participating states and jurisdictions.

"Normal business hours" shall mean the normal business hours of the department, which are Monday through Friday, 8 a.m. to 5 p.m., and Saturdays, 8 a.m. to noon.

"Owner" means a person or persons, including a partnership, corporation or other business entities, that have a vested interest in and control over a school.

"Period of instruction" means 50 minutes of in-vehicle or classroom instruction.

"Revoke" or "revocation" means that school or instructor licenses revoked are not subject to renewal or restoration except through reapplication after (i) the expiration of the revocation period and (ii) any outstanding compliance requirements have been met.

"Safe mechanical condition" means the continual compliance with safety requirements of vehicles that are used to train school students, and have passed either a Virginia state safety inspection or a federal Motor Carrier Safety Administration inspection, and for vehicles used to train the disabled, be certified by the National Mobility Equipment Vendors Association, whichever is applicable based on the type of training provided by the school.

"Suspend" or "suspension" means that the school or instructor licenses suspended have been temporarily withdrawn, but may be reinstated after (i) the expiration of the suspension period and (ii) the licensee has met all outstanding compliance requirements.

Statutory Authority

§§ 46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-20. Business office and classroom requirements.

A. No school license shall be issued unless the school has an established place of business in the Commonwealth that is owned, rented or leased by the school. Such established place of business shall:

1. Be the premises of the licensed location of the school;

2. Satisfy all local business licensing and zoning regulations;

3. Have office space devoted exclusively to the driver training school;

4. Contain all records that are required to be maintained under the provisions of these regulations unless the school has been permitted to maintain them elsewhere pursuant to 24VAC20-121-40;

5. Be equipped with a desk, chairs, filing space, working utilities and a working telephone listed in the name of the school;

6. Comply with federal, state and local health, fire and building code requirements, including the Americans with Disabilities Act (42 USC §12101 et seq.);

7. Be open to the general public a minimum of eight hours per week during normal business hours; and

8. Not share space with a school classroom.

The school shall also provide to the department the street address and physical address of any other business offices maintained by the school in addition to the licensed location office.

In addition to business office addresses, all addresses [ and, ] physical locations of classrooms, [ driving ranges, ] driving simulators or any other facilities used by the school shall be provided to the department in writing. [ If any such classroom, driving simulator or other facility is not owned by the school, then a copy of all agreements associated with the use of such property by the school shall be provided to the department. ] Schools shall not use classrooms, [ driving ranges, ] driving simulators or other driver training facilities prior to receiving approval for their use from the department.

A school owner's residence may [ , in part, ] be used as the licensed location of a school if it qualifies for a federal tax deduction of expenses related to the business use of part of the residence and meets the established place of business requirements set forth in these regulations.

B. Any school that engages in classroom instruction shall provide a classroom with the following:

1. Seating arrangements and writing surfaces for each student and a minimum of 10 square feet per student attending at any given time;

2. Blackboards or other visual aids that shall be visible from all seating positions;

3. Driver education reference books, including [ , when applicable, ] current curriculum guides [ , student work books ] and appropriate textbooks for each student;

4. Appropriate audio/video equipment and screen in good working order; and

5. Restroom facilities that are clean, accessible and in good working order.

C. Office and instruction hours shall be posted in a conspicuous location outside the licensed location and any other business office [ and shall be in a manner that is visible and ] easily accessible to the public [ from outside of the licensed location and business ].

D. The school license and any notice of the department that limits or restricts training shall be prominently posted at the licensed location office. A copy of the school license and notice, if applicable, also shall be prominently posted in each school classroom and any other business office maintained by the school.

In addition, schools shall display, in a conspicuous location in all their classrooms and their business offices, signs provided by the department that notify students and the public about the department's toll-free hotline.

E. Any school licensed by the department shall notify the department, in writing, 30 days prior to a change of address for the licensed location, any other business office or classroom or other instructional facility. The department will issue a revised license reflecting such changes. The school shall return the current license to the department upon receipt of a revised school license. All school-related business, classroom and instructional locations are subject to approval by the department, as required in these regulations.

F. The location of a school''s licensed location, other business offices, classrooms or practice driver training areas shall be a distance of at least 1,500 feet from any property owned, leased or maintained by the department for examining motor vehicle operators. Such distance shall be measured in a straight line from the nearest point of the primary building of the department's property to the nearest point of the school licensed location, business office, classroom or practice driver training area, whichever is closest. This distance requirement may be waived by the department if the licensed location, other business office, classroom or practice driver training area has been previously allowed to be within the 1,500 foot limit as a result of an action or omission on the part of the department. All school-related business, classroom or instructional locations must be approved by the department prior to use.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-30. Business practices.

A. A school shall not use any name other than that shown on its school license. Schools using the same or similar name of another current or former school or similar business, or using names considered to be offensive in nature, as determined by the department, shall not be licensed by the department.

B. A school that utilizes "Department of Motor Vehicles" or "DMV" in any form of advertising including, but not limited to, telephone directories and websites shall use only the words "Licensed by the Department of Motor Vehicles (DMV) of the Commonwealth of Virginia." A school shall not refer to any other state agency or board in any documentation or advertisement. Schools with web sites shall notify the department of their web addresses when applying for or renewing their license or when the site becomes operational, whichever is sooner.

C. A school shall not use false, deceptive or misleading information in any advertisement or provide this type of information to prospective students.

D. A school, instructor, owner or any other person employed by or otherwise associated with a school shall not:

1. Assert or imply that it will guarantee that any student will pass the state driver's license examination;

2. Assert or imply that the student can secure a driver's license;

3. Assert or imply that the student will be guaranteed employment upon completion of any course of instruction;

4. Transact or solicit driver training school business on property owned, leased or maintained by the department;

5. Provide translation services for any individual who is taking the department's driver's license knowledge examination;

6. Falsify forms, certificates or other documents for use by students or other individuals in order to obtain a driver's license;

7. Possess, use, provide, sell or give the department's driver licensing test questions to students or other individuals;

8. Assist or facilitate the creation of false identification documents of any kind or false residency certification for any individual;

9. Provide instruction at a site not formally approved by the department;

10. Contract or subcontract, without written approval of the parents or legal guardians, with other driver training schools or driver training organizations to provide classroom or in-vehicle instruction for students under 18 years of age who are not married or emancipated;

11. Have, use, keep or be under the influence of alcohol, illegal drugs or [ other ] substances, [ or otherwise ] legal [ drugs ] or [ illegal, substances that would affect a person''s ability to drive or provide or receive instruction while such person is ] on the premises of or in vehicles used by the school [ that would affect a person's ability to drive a vehicle or provide or receive instruction ]; or

12. Conduct themselves in a manner not suitable or compatible with school-related activities. Such prohibited conduct includes, but is not limited to:

a. Touching in a manner that would be considered inappropriate by a reasonable person;

b. Telling jokes or making statements or comments that a reasonable person would consider (i) to be hateful or demeaning to a particular race or ethnicity, or (ii) to have sexual or otherwise vulgar content or connotation;

c. Displaying objects or materials that a reasonable person would consider unpleasant, distasteful, nasty, disgusting, hateful or otherwise unsuitable;

d. Berating or otherwise harassing students or other persons;

e. Running errands;

f. Except for emergency situations, using telecommunications or any other audio or video equipment during periods of in-vehicle or classroom instruction that are not part of the course of instruction. If an emergency situation occurs during in-vehicle instruction, such use should, whenever possible, be made once the vehicle is safely off the road and stopped;

g. Eating during periods of instruction;

h. Use of tobacco products during periods of instruction;

i. Creating a training environment considered hostile or otherwise intimidating to a reasonable person; or

j. Allowing any student to engage in such prohibited conduct outlined above.

E. Except when full tuition has not been satisfied, a school shall provide, within five business days of the successful completion of program requirements [ and in a manner prescribed by the department ], an original certificate of completion needed by the student (i) to obtain a driver's license, (ii) for insurance verification purposes, or (iii) for employment purposes. No fee shall be charged by the school for the original certificate.

F. Schools shall operate in accordance with the driver training school operations manual as provided and updated by the department.

G. No school vehicles shall park on the department's owned, leased or maintained property except for the purposes of conducting official business with the department during normal business hours. At no time whatsoever shall a school provide training to a student on the department's owned, leased or maintained property [ or over its test routes ].

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-40. Records to be maintained.

Except as otherwise provided in this section, all records shall be maintained at the licensed location of the school. The commissioner may, on written request from a school, permit records to be maintained at a location other than the licensed location for good cause shown.

Schools shall maintain accurate, complete, legible and up-to-date records, as required under §§46.2-1701.2 and 46.2-1701.3 of the Code of Virginia. Such records shall include:

1. All student records;

2. All business records;

3. All records relating to:

a. Compliance with or proof of exemption from local business licensing and zoning regulations;

b. Federal, state and local health, fire and building code requirements; and

c. Size and space requirements for places of business and classrooms; and

4. Any other records required by the department in a manner prescribed by the department.

All records shall be retained by the school for a minimum of three years after their creation. Copies of such records shall be provided to the department upon request.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-50. Availability of records; inspections and compliance reviews.

A. All records shall be open and available for inspection by any employee of the department during normal business hours or at a reasonable time agreeable to the department employee. Schools shall have someone, who is employed by or otherwise associated with the school and who can access all records, available to assist the department employee, as necessary. If copies of such records are not readily available, the department employee may secure and remove these records in order to review, photocopy them or use them in a hearing. The department shall return those records it removes after the review or photocopying is completed, or at the conclusion of the hearing process, including any related court action, when used for that purpose.

B. Each applicant for licensing as a driver training school shall permit the department to inspect its operations, facilities and records as they relate to its driver training program for the purpose of determining whether the applicant is qualified for licensing.

The department shall perform its inspections during normal business hours with or without prior notice to the driver training schools. The department shall prepare a written report on the results of each inspection, and provide a copy of the report to and review it with the applicant. At the conclusion of the review of the report, the applicant shall provide signed written documentation to the representative of the department conducting the inspection that indicates the school has received and reviewed the report.

C. Each school shall permit the department, from time to time, to inspect and conduct a general compliance review of its business offices, classrooms, vehicles and any other records or properties associated with the operation of the school to determine whether the school remains in compliance with licensing requirements.

D. The department shall perform its inspections and general compliance reviews during normal business hours with or without prior notice to the driver training schools. The department shall prepare a written report on the results of each inspection and general compliance review, and provide a copy of the report to and review it with the owner or business manager of the school. At the conclusion of the review of the report, the owner or business manager of the school shall provide signed written documentation to the representative of the department conducting the inspection or general compliance review that indicates the school has received and reviewed the report.

E. Any school owner, employee or instructor who meets with department employees for the purposes of inspecting or otherwise obtaining records is subject to the conduct requirements set forth in these regulations. Any school owner, employee or instructor who violates the conduct requirements set forth in these regulations during such meetings shall be subject to the sanctions set forth in these regulations.

F. Each student's record shall be open and available for inspection by the respective current or former student 18 years of age or older and by the parents and legal guardians of current or former students under 18 years of age during normal business hours or at a reasonable time agreeable to both the school and the student or parents or legal guardians of students under 18 years of age.

Under no circumstances shall a school owner, employee or instructor meet, for the purposes of inspecting records, or for any other purpose, with current or former students under 18 years of age at the time of the meeting without a parent or legal guardian being present unless the student is married or emancipated. Any school owner, employee or instructor who meets with students, parents or legal guardians for the purposes of inspecting records is subject to the conduct requirements set forth in these regulations. Any school owner, employee or instructor who violates the conduct requirements set forth in these regulations during such meetings with students, parents or legal guardians shall be subject to the sanctions set forth in these regulations.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-60. School licensing requirements.

A. Schools seeking a license shall file with the department, as required by these regulations, a completed application for a driver training school license along with any associated fees and other documentation required by the department. In addition, each school shall collect and submit to the department, as required by these regulations, the instructor applications for those instructors that they employ along with any associated fees and other documentation required by the department.

B. The following shall accompany the school licensing application and shall be in addition to any other application requirements of the department:

1. An application fee;

2. A certificate of insurance;

3. A surety bond;

4. Instructor applications;

5. A local business license or zoning document, or a letter from local authorities indicating none is required; and

6. A national criminal records check completed within 60 days of the application deadline for each individual providing instruction or otherwise employed by or managing the school.

In addition. each owner or principal of the owner of a driver training school shall submit a national criminal records check with the school license application package.

C. The application package shall be submitted to the department at the address shown on the application. All proper applications will be either approved or denied within 30 business days of receipt by the department.

D. School licenses shall be valid for a period of 12 months and shall display the validity period on the face of the license. The school license shall expire on the last day of the last valid month of the license period.

E. Schools seeking a license shall file with the department evidence of insurance, with a company authorized to do business in the Commonwealth of Virginia, on all vehicles used by schools to provide instruction, [ at least ] in the minimum amounts as required by §46.2-472 of the Code of Virginia.

The school shall provide and maintain evidence of insurance coverage on a certificate of insurance form provided by the department. The certificate shall be filed upon application and at other times of the licensure period as requested by the department. The certificate shall stipulate the make, model, year, vehicle identification number, vehicle color and license plate number for all vehicles and shall also stipulate that the department will be notified by the insurance carrier (i) 10 calendar days before the school's insurance policy expires or (ii) on the same day that the policy is canceled or not maintained in full force.

Schools shall provide to the department written verification from their insurance company that the insurance company is aware the vehicles are used for driver training instruction and are operated by student drivers. Schools shall notify the department in writing of any change in liability insurance coverage not later than the effective date of the change.

Each school shall provide written notice to the department's driver training school section in the event that any motor vehicle is added to or deleted from the insurance policy during the coverage period. The notice shall include the make, model, year, vehicle identification number, vehicle color and the license plate number. The notice shall be received by the department prior to using any added motor vehicle for driver education instruction. Failure to maintain required liability insurance for school vehicles or failure to comply with insurance certification requirements shall result in the suspension or revocation of the school's license or the imposition of other sanctions, or both, as set forth in these regulations.

F. All licensed schools shall file with the department a surety bond in the sum set by statute for Class A and Class B schools, payable to the Commonwealth of Virginia, issued by a corporation licensed to transact surety business in the Commonwealth. The surety bond shall be filed with each application and must provide coverage for the entire licensure period.

G. The department may refuse to approve any application, including originals or renewals, in which the owner or any principal of the owner, or any of the school's employees or instructors (i) have previously been or would be subject to any sanctions prescribed by these regulations or (ii) has been convicted of a felony, including but not limited to bribery, forgery, fraud or embezzlement under the laws of the Commonwealth or any other jurisdiction, or a conviction of any offense included in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or of any similar laws of any other jurisdiction, or any misdemeanor or felony involving:

1. Sexual assault as established in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia;

2. Obscenity and related offenses as established in Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia;

3. Drugs as established in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia;

4. Crimes of moral turpitude;

5. Contributing to the delinquency of a minor;

6. Taking indecent liberties with a minor;

7. The physical or sexual abuse or neglect of a child;

8. Similar offenses in other jurisdictions; or

9. Other offenses, as determined by the department, which would impact ownership, operation or instruction by a school.

Any school license issued may be suspended or revoked if such a conviction occurs during any licensure period.

H. To avoid any conflict of interest, the department will not approve any Class A school license for any applicant that is certified by DMV as a Third Party Tester for the commercial driver''s license (CDL) skills testing.

I. Requests to change (i) the name or address of a school or (ii) a school license to add to or eliminate a licensed location, or any other business offices, classrooms or other instructional facilities during the licensure period shall be made to the department at least 30 days prior to such change. Such changes shall be subject to a processing fee, as set forth in these regulations, and the issuance of a modified license, as requested. The expiration on any modified license issued shall be the same as the current license.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-70. School license renewal required.

A. Every licensed school applying for renewal shall return the following to the department at the address shown on the application on or before the 15th day of the month in which the current license expires:

1. A renewal application;

2. A certificate of insurance, as required under these regulations;

3. A photocopy of a current business license, if required by the locality, or a letter from the locality that indicates no business license is required;

4. National criminal records checks completed within 60 days of the application deadline for each individual providing instruction or otherwise employed by or managing the school, as required by these regulations; and

5. A fee for each license renewal application, as set forth in these regulations.

If the original surety bond is no longer in force, a new surety bond must also accompany the renewal application.

B. The department will make every effort to mail a renewal notice to the licensee outlining the procedures for renewal at least 90 days prior to the expiration of their license and to mail a follow-up reminder notice 45 days prior to the expiration of their license. Failure to receive these notices shall not relieve the licensee of the obligation to apply if a continuation of the license is desired.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-80. Transferability of school licenses.

A. A change in ownership shall require an application for an original license along with the documents and fees required under these regulations, which shall be submitted to the department at least 30 days in advance of the effective date of the change. The school shall not operate under the change in ownership until an original license has been issued by the department reflecting the new ownership.

B. School licenses are not transferable; they shall not be sold, loaned, bartered or given by a licensee or an agent of a licensee to another school, individual, association, partnership or corporation.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-90. School contracts.

A. All contracts between any school and any individual or group attending the school shall be in a standard format approved by the department. A school shall not make any changes to the format without review and approval by the department. A copy of the signed contract must be provided to each student who signs the contract for those students 18 years of age or older and those students under 18 years of age who are either married or emancipated. For students under 18 years of age who are not married or emancipated, a copy of the signed contract must be provided to the parents or legal guardians who sign the contract.

Excluding transcripts and certificates of completion, all written correspondence from schools to current or former students and their parents or legal guardians related in any way to course work or the contract between the school and the student shall include standard information about the department's toll-free telephone hotline. The department shall specify to the schools, as part of the school license application package, the content and the font requirements for this hotline information.

Schools may not include any statements in their contracts that place the financial responsibility for accidents occurring in school-owned vehicles during periods of instruction on the student or on the parents or legal guardians of students operating the vehicles.

B. The required elements for all contracts between schools and their independent contractors shall be provided by the department as part of the school license application package.

C. Addenda to any contracts between a school and its students or a school and its independent contractors shall be approved by the department.

D. Licensed driver training schools may conduct training courses at [ public or ] private schools, subject to existing statutory and regulatory requirements. Driver training schools offering such training shall provide the department with a copy of the written contract between the driver training school and the [ public or ] private school [ that includes the dates and times for the courses ] along with written confirmation [ that the classroom as to which ] portion of the training [ , if any, ] is being conducted at the [ public or ] private school.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-100. General instructor licensing requirements.

A. Individuals seeking an instructor's license shall submit, as required by these regulations, a completed application along with any associated fees and other appropriate documentation to the school with which they are employed. Schools shall be responsible for submitting the instructor applications, along with any associated fees and other appropriate documentation, to the department, as required by these regulations. Applicants seeking an original or a renewal of an instructor's license shall submit with their application a national criminal records check completed within 60 days of the submission date of the application.

B. Applicants must be at least 21 years of age and must be able to document with driving records at least five years of licensed driving experience, two years of which shall be experience in the United States or a territory thereof. These driving records must exhibit the individual''s name, the driver's license number, the date of issue, the issuing jurisdiction, the date of expiration and notations of any convictions, license withdrawals, suspensions, revocations, cancellations, disqualifications or restrictions. In the event an applicant uses driving records from a foreign country to substantiate licensed driving experience, such records must be translated into English by an appropriate authority, as approved by the department, at the applicant's expense.

C. Individuals seeking an instructor's license must be employed by a licensed school. No instructor shall be employed by more than one school unless all the schools are owned by the same person. Instructors employed by more than one school shall have an application and other appropriate documentation and fees submitted to the department by each school that employs them.

D. Individuals licensed as instructors or seeking an instructor's license must be able to effectively communicate in English in an easily understood and comprehensible manner to their students and the department, as determined by the department.

E. Individuals seeking an instructor's license to teach in-vehicle instruction shall hold a valid driver''s license from their state of domicile at the time of licensing and throughout the entire licensure period. If such driver's licenses are from another state or jurisdiction, the applicant must provide to the department a copy of their driving record from that jurisdiction with their application and every three months thereafter if they receive an instructor's license. Such driving record must be produced within 30 days of its submission to the department.

All applicants for a license to teach in-vehicle instruction and those persons who are currently licensed to teach in-vehicle instruction must also provide written notice to the department of any traffic accidents, convictions of traffic infractions, misdemeanors, or felonies, as well as any administrative actions relating to driving or any driver's license revocation, suspension, cancellation, disqualification or other loss of driving privileges within 15 calendar days of the conviction or administrative action, or within 15 calendar days of the imposition of the revocation, suspension, cancellation, disqualification or other loss of driving privileges.

Applicants for a license to teach in-vehicle instruction shall not be approved if their current driving privileges are expired, suspended, revoked, cancelled or disqualified. Persons required to submit to periodic medical reviews may also be denied an in-vehicle instructor's license if, as determined by the department, their conditions are considered to pose a threat to the safety, health or welfare of driver training students or the public while these persons operate a motor vehicle.

F. Individuals who obtain an instructor's license shall at the time of licensing have a driving record with no more than six demerit points. After licensing, instructors shall maintain a driving record with no more than six demerit points. If during the licensure period the driving record of such individual accumulates more than six demerit points based on violations occurring in a 12-month period, the department shall suspend the person's instructor license and shall notify the instructor and the driver training school where the instructor is employed of such suspension. Safe driving points shall not be used to reduce the accumulated demerit points. In the event that the driving record is from another state, the department will apply Virginia's equivalent demerit points to convictions noted on such record.

Whenever the driver''s license of such individual is suspended or revoked, or such person is convicted in any court of reckless driving, driving under the influence or driving while intoxicated, the department shall suspend the person's instructor license and shall notify the person and the driver training school where the instructor is employed of the suspension.

G. The department may refuse to approve any application, including originals or renewals, in which the applicant has been convicted of a felony, including but not limited to bribery, forgery, fraud or embezzlement under the laws of the Commonwealth or any other jurisdiction, or a conviction of any offense included in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or of any similar laws of any other jurisdiction, or any misdemeanor or felony conviction involving:

1. Sexual assault as established in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia;

2. Obscenity and related offenses as established in Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia;

3. Drugs as established in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia;

4. Crimes of moral turpitude;

5. Contributing to the delinquency of a minor;

6. Taking indecent liberties with a minor;

7. The physical or sexual abuse or neglect of a child;

8. Similar offenses in other jurisdictions; or

9. Other offenses, as determined by the department, which would indicate that the applicant may present a danger to the safety of students or the public.

Instructor licenses may be suspended or revoked if a conviction for any of the offenses outlined in this subsection occurs during any licensure period.

H. Instructor applicants shall not be issued a license if they have a conviction of driving under the influence, reckless driving, refusal to submit to a breath or blood test under §18.2-268.2 of the Code of Virginia, or vehicular or involuntary manslaughter, or of any similar offense from any other jurisdiction within a period of five years prior to the date of the application. If the applicant's driving privileges were revoked for any such conviction, then the five-year period shall be measured from the license restoration date rather than the conviction date. Instructor licenses issued shall be revoked if a conviction, as outlined in this subsection, occurs during the licensure period.

I. Except as otherwise provided in these regulations, an individual seeking an instructor's license shall have at least a high school diploma or equivalent. After initial licensure or renewal, instructors shall attend annual training sessions provided by the department. These one-day training sessions shall be held in each of the department''s regional districts every year, as deemed necessary by the department.

These sessions shall include, as appropriate and necessary, updates on department forms, audit processes and other procedural changes, and new legislation that has implications for driver training. They also shall include discussions about any issues or concerns raised by either the department or the licensees.

When available, these sessions shall also offer information about the latest in driver training instructional techniques as well as other new developments in driver training in order to enhance overall professional training skills and abilities.

The schedule for such training sessions shall be developed by the department and provided to each instructor through the school that employs them at least 30 days in advance of the scheduled sessions. The schedule also shall include provisions for a make-up training session for those licensees who could not attend the training session in their region. Attendance shall be mandatory and shall be at no cost to licensed instructors, other than those costs associated with [ (i) ] travel to and from the training session, including lodging and meals [ , and (ii) any materials provided by the department during the training session, as deemed necessary by the department ].

Each licensed instructor who, without valid excuse, fails to attend and complete a scheduled training session or a scheduled make-up training session shall be subject to a minimum 30-day license suspension, which shall not be lifted until the instructor has completed a special make-up training session. Special make-up training sessions shall be provided only when necessary, and instructors attending such sessions will be required to pay the department''s cost for providing the special make-up training session.

J. All instructors shall complete training on the current curriculum and other course work, as required and approved by the department, prior to instructing students. Evidence of such training shall be maintained by the school employing the instructor and provided to the department upon request.

K. The fee for an instructor license shall be set pursuant to these regulations. The instructor''s license period shall expire when the respective school license expires. At the discretion of the department, instructor licensing fees may be prorated on a monthly basis.

L. The instructor license application package shall be submitted by the school employing the instructor to the department at the address shown on the application. All proper applications will be either approved or denied by the department within 30 business days of receipt from the school employing the instructor.

M. All licensed instructors shall have their instructor''s license in their possession at all times while providing instruction.

N. Each instructor licensed by the department shall notify the department in writing within 30 days of establishing a new residential address.

O. In the event that a school licensed by the department changes its name or address, the school shall, no later than 30 days prior to such change (i) notify the department of the school's name or address change, (ii) request revised instructor's licenses for the instructors it employs reflecting the change and (iii) submit to the department the processing fees set forth in these regulations for revising and reissuing an instructor's license for each of its instructors.

After receiving the processing fees, the department will revise and reissue the instructor's licenses, as requested, and will cancel the previously issued licenses. Once it receives the revised licenses from the department, the school shall return the cancelled instructor's licenses to the department.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-110. Instructor license renewal.

A. Each school employing a licensed instructor applying for renewal shall return to the department for each of its instructors a renewal application, a current national criminal records check completed within 60 days of the application and the instructor license fee to the department at the address shown on the application, on or before the 15th day of the month in which the current license expires. Each instructor''s license shall expire when the respective school license expires. Thirty days prior to the end of the 12 months of the licensure period, each instructor's license renewal applicant shall provide to the school employing them, for submission to the department, a national criminal records check completed within 60 days of the application deadline.

B. No instructor shall be permitted to continue instructing students upon the expiration of the instructor''s license. The department shall not renew the instructor's license if the school license of the school employing an instructor is not renewed.

C. The department will make every effort to mail a renewal notice outlining the procedures for renewal at least 45 days prior to the expiration of an instructor's license to the licensee at the school's licensed location. Failure to receive this notice shall not relieve the licensee of the obligation to apply for renewal of the license through the school if continuation is desired.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-120. Change in instructor employment.

Instructor licenses shall not be transferred from one licensed school to another licensed school. If an instructor changes schools, a new license application and the appropriate fee, as set forth in these regulations, shall be submitted to the department.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-130. Notice required to the department.

A. Each school shall notify the department in writing no later than 15 calendar days after the termination of employment of any licensed instructor. The school shall make every reasonable attempt to return to the department the instructor''s license.

B. In the event of cessation of business, the school shall submit to the department, within 15 calendar days of such date, a written statement indicating the business is closing, and forward to the department within 30 calendar days after cessation of business the school license, all instructors'' licenses, all student records and any materials furnished to the school by the department. The department will retain such records for a period of three years from the date they are received to ensure such records are available to students and other persons or entities who may want or need access to them.

C. All schools shall notify the department of any proposed structural or other modifications to an existing school, classroom or driving range 30 days prior to initiating such modifications.

[ D. In the event a school files for bankruptcy, the school shall submit to the department, within 15 calendar days of such filing and in a manner prescribed by the department, a written statement indicating among other things (i) the financial status of the business, and (ii) the anticipated impact of the bankruptcy on the Commonwealth and the school's former, current and future students, if any. ]

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-140. Fees.

All fees related to school and instructor licensing under the driver training program shall be, as determined by the department, set at levels that will provide reasonable fiscal support for the operations and activities of the Commercial Licensing Division of the department. Such licensing fees shall be based, in part, on the number of business office, classroom and instructional locations that are part of the license or license application at a given time.

A schedule of such fees, as follows, shall be provided to (i) all school license applicants at time of initial application and (ii) all licensed schools at least 30 days prior to their license renewal date.

All such fees shall be nonrefundable. All check payments for fees shall be made on an active account containing sufficient funds for the amount of the payment.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-150. General equipment requirements.

A. Each school shall provide all necessary equipment and materials required for classroom and in-vehicle instruction, including motor vehicles that are in safe mechanical condition and that are properly registered and insured. [ Except as otherwise provided in 22VAC20-121-220, no motor vehicle may be used for driver training purposes unless it is owned or leased in the name of the licensed school or the school owner as indicated on the application for the school license. ]

B. Each vehicle shall also carry minimum safety equipment as determined by the department, [ including, while they are used for training students. Such equipment shall be readily available and maintained in a safe, workable and organized manner, and shall include, ] but not [ be ] limited to reflective triangles [ and, ] flares, first aid kit, flashlight, [ secured ] fire extinguisher, jumper cables or a battery charger, towel, blanket, [ and a  ] safety vest [ , while used for training students ].

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-160. Sanctions for violations of statutes and regulations.

A. The department may cancel, suspend, revoke or deny renewal for any license issued pursuant to these regulations, refuse to license a school or instructor or may limit the type of driver training instruction provided and impose a civil penalty up to $1,000, as outlined in Chapter 17 (§46.2-1700 et seq.) of Title 46.2 of the Code of Virginia, for any licensee who violates any provisions of such statutes or these regulations.

The department may take action to cancel, suspend, revoke or deny renewal for any license without first offering the licensee the opportunity for a hearing if the Commissioner has made a determination pursuant to §46.2-1705 E or G of the Code of Virginia that the violation poses a danger to the safety of students or to public safety or indicates that an instructor is no longer qualified to act as an instructor. The department may also limit the privileges of a school or an instructor pursuant to §46.2-1705 F of the Code of Virginia.

B. For the purposes of this section, if a school licensee is an association, partnership, corporation or other business entity, it shall be sufficient cause for the suspension, cancellation, revocation or refusal to renew a school license in the event that any officer, director, [ instructor, employee, ] or any trustee [ or member of, partner or majority or controlling shareholder of ] a partnership or corporation [ , or member of an association or controlling person in any other business entity ] has committed any act or omitted any duty that would be cause for suspending, canceling, revoking, or refusing to renew a license issued to him as an individual under the laws and regulations pertaining to driver training schools.

In addition, each school owner shall be responsible for the acts of any instructor while [ acting as the owner's agent when (i) the owner approved of those acts, or had knowledge of those acts or other similar acts, and (ii) after such knowledge retained the benefit, proceeds, profits or advantages accruing from those acts or otherwise ratified those acts performing within the scope of his duties as an instructor ].

C. Upon revocation or refusal to renew a school license, all school and instructor licenses, forms, documents and all records relating to the school operation, including all student records, and any materials furnished to the school by the department shall be forwarded to the department by the school within 30 calendar days of the action.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

Part II

Specific Requirements Related to Class A Licensure

24VAC20-121-170. Curriculum requirements for Class A licensed schools.

Course curriculum requirements will be established and made available by the department to Class A licensed schools, Class A license applicants and the public. A course curriculum meeting the established requirements must be submitted to the department at the time of Class A license application or renewal application, and must be approved by the department prior to the beginning of course instruction.

The department shall provide and update the list of course curriculum requirements from time to time, as deemed appropriate and necessary by the department, in consultation with all affected schools that are licensed by the department at the time of the update and other interested parties as identified by the department.

The department shall notify the affected schools when and if new relevant topics are added to the course curriculum. Schools shall have 45 calendar days after such notice is issued to update their course curriculum and to certify to the department in writing that the school has added the new topics to the course curriculum.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-180. Class A instructor license requirements.

A. Applicants for a Class A instructor's license shall possess a valid Virginia nonrestricted interstate commercial driver''s license, with the appropriate vehicle classes and endorsements for the type of instruction they intend to provide, and that has been held by the applicant for at least three years.

Applicants for a Class A instructor's license who do not have a high school diploma may nevertheless be licensed if they provide written evidence that they (i) have at least one year of previous Class A instructing experience or (ii) have successfully completed a Class A driver training course and a minimum of 160 hours of Class A instructor training provided by the hiring school.

Instructor applicants shall provide with their applications certifications that they meet the physical requirements, and any alcohol and drug screening requirements for commercial drivers as specified in the federal motor carrier safety regulations. A copy of such certification shall be kept in the instructor's file maintained by the driver training school employing the instructor.

If applicants for a Class A instructor's license hold a valid commercial driver's license [ (CDL) ] from a state other than Virginia at the time of licensing, they shall maintain [ its validity a valid CDL ] throughout the entire licensure period and shall provide to the department a copy of their driving record from that other state [ or states ] upon application and, if licensed as a Class A instructor by the department, on a quarterly basis thereafter.

Those applicants for and holders of a Class A instructor's license shall also provide written notice to the department of any conviction of traffic infractions, misdemeanors, or felonies, any administrative actions relating to driving or any driver's license revocation, suspension, cancellation, disqualification or other loss of driving privilege within 15 calendar days of the conviction or administrative action, or within 15 calendar days of the imposition of the revocation, suspension, cancellation, disqualification or other loss of driving privilege.

B. Instructors shall complete in-service instructor training provided by the school prior to offering student instruction. The requirements of such in-service instructor training shall be established and made available to licensed Class A schools by the department and shall include, but not be limited to, the following topic areas:

1. Basic instructional skills;

2. Student teaching with a mentor;

3. Background in federal, state and local laws and ordinances;

4. Basic skills for operating commercial motor vehicles;

5. Safe operating practices;

6. Maintenance of commercial motor vehicles; and

7. Safe trip planning.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-190. Equipment requirements for Class A licensed schools [ ; use of driving ranges ].

A. All vehicles used for driver education or testing purposes shall be marked by signs affixed to the sides and the rear of the vehicle, in bold letters not less than four inches in height, clearly visible from 100 feet, stating one of the following: "Student Driver," "Learner," "New Driver," "Driver Education" or "Caution-Student."

All vehicles used by a school shall display the name of the school, as shown on the school license, on the outside of the vehicle when engaged in driver education or when the vehicle is being used for testing purposes. The name of the school shall be included on the signs affixed to the sides of the vehicle.

B. The cabs of such vehicles shall be designed to have safety belts for each individual. [ No more than four students and one instructor shall occupy the cab during periods of instruction. ]

C. No motor vehicle may be used for driver education unless it displays a valid safety inspection sticker or federal Motor Carrier Safety Administration inspection sticker. [ In addition to other equipment required by law, each vehicle used for driver education shall have dual-braking capability.

D. Any and all agreements associated with driving ranges used by the school shall be provided to the department in writing. Schools shall not use driving ranges prior to receiving approval for their use from the department. ]

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

Part III

Specific Requirements Related to Class B Licensure

24VAC20-121-200. Curriculum requirements for Class B licensed schools.

A. [ Course Except as otherwise provided in this subsection, course ] curriculum shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) [ published by the Virginia Department of Education (or any successor publication so published) ] and these regulations. A copy of the current guide may be obtained from the Virginia Department of Education at the following Internet link: http://www.doe.virginia.gov/VDOE/Instruction/PE/ca_guide.html

[ Course curriculum requirements other than those set forth in the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) may be established by the department. Once established, such requirements shall be made available by the department to Class B licensed schools, Class B license applicants and the public. A course curriculum meeting the established requirements must be submitted to the department at the time of Class B license application or renewal application, and must be approved by the department prior to the beginning of course instruction as provided in and in accordance with §46.2-1702 of the Code of Virginia. ]

B. The department shall provide and update the list of course curriculum requirements from time to time, as deemed appropriate and necessary by the department, in consultation with all affected schools that are licensed by the department at the time of the update and other interested parties as identified by the department.

The department shall notify the affected schools when and if new relevant topics are added to the course curriculum. Schools shall have 45 calendar days after such notice is issued to update their course curriculum and to certify to the department in writing that the school has added the new topics to the course curriculum.

C. The length of daily instruction shall comply with the provisions of the [ current ] "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) [ and or as otherwise provided by ] these regulations.

D. The number of students in a driver training vehicle during in-vehicle instruction shall be no more than three and no less than two students. [ The only exception to the two-student minimum is to have the student's parents or legal guardians for students under 18 years of age who are not married or emancipated Students 18 years of age or older may receive one-on-one driver training with an instructor if such training is agreed to in the contract with the school. Students under 18 years of age who are not married or emancipated must have their parents or legal guardians ] sign a written release, an original to be maintained with the student's record, [ allowing for in order to receive ] one-on-one driver training with an instructor.

E. Except when one-on-one driver training is being provided [ with the consent of the student's parents or legal guardians as outlined in subsection D of this section ] , a student under 19 years of age riding alone with the instructor shall ride in the back seat of the driver training vehicle until other students are present in the vehicle.

F. Except when a student is driving the vehicle, the time during which a student is being transported in a driver training vehicle for the purposes of picking up a student or other students prior to the beginning of a period of instruction or dropping that student or other students off after the end of a period of instruction shall not count as observation time. Any student involved in one-on-one training with an instructor as permitted under subsection [ C D ] of this section shall meet the observation requirements with at least one other student in the vehicle during in-vehicle training.

G. Students under 19 years of age shall only receive in-vehicle instruction with other students under 19 years of age.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-210. Class B instructor requirements.

Any instructor relying on a valid Virginia teaching license with a driver's education endorsement shall submit either the original license or a certified copy of the original license and an unexpired endorsement upon original application and renewal of the license.  If submitted, the original license shall be returned to the instructor after review by the department.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-220. Equipment requirements for Class B licensed schools.

A. All vehicles used for driver education or used for testing purposes shall be marked by a rooftop sign, in bold letters not less than two and one-half inches in height, clearly visible 100 feet from the front and rear, stating one of the following: "Student Driver," "Learner," "New Driver," "Driver Education" or "Caution-Student."

All vehicles used by a school shall display the name of the school, as shown on the school license, on the outside of the vehicle when engaged in driver education or when the vehicle is being used for testing purposes. The name of the school shall be included either on the rooftop sign or affixed to both sides of the vehicle.

B. No motor vehicle may be used for driver education unless it is in safe mechanical condition as defined in these regulations. Each vehicle used for driver education in a school shall have dual controls consisting of dual brakes, dual inside rearview mirror and right-hand and left-hand outside mirrors. Any training vehicle or vehicles used for instruction shall not be more than nine model years old. This model year requirement may be waived or altered on a case-by-case basis for vehicles specially equipped to accommodate disabled individuals. The driver training vehicle shall be equipped with a minimum of four safety belts.

C. The department may exempt any school teaching disabled individuals from the requirement to provide motor vehicles, on a case-by-case basis. The school may use a vehicle provided by the disabled student for their in-vehicle instruction in the event that it is cost prohibitive for the school to maintain certain specialized equipment or if such equipment is not readily installed and removed or if it provides necessary practical experience for the student in their own vehicle. When using a student''s vehicle, the school shall require that the disabled student provide written verification from the company insuring the vehicle that it is aware that the vehicle will be used for driver training instruction and the insurance is in full force during such use.

The school shall also require the disabled student to provide a copy of the current liability insurance policy for the vehicle. The school shall maintain a copy of the current liability insurance policy covering such vehicle in the student''s file. The school shall also send prior to beginning instruction a written notice to the department stipulating the reasons for using the student''s vehicle and the anticipated dates of instruction as well as a copy of the current liability insurance policy on the vehicle.

Any school that uses a disabled student''s motor vehicle must ensure that such vehicle is in safe mechanical condition as defined in these regulations, and displays signage as specified under these regulations.

[ D. Except as otherwise provided in this section, no motor vehicle may be used for driver training purposes unless it is owned or leased in the name of the licensed school or the school owner as indicated on the application for the school license.

D. ] All motor vehicles used by a licensed school for in-vehicle instruction shall be inspected and approved by the department based on the criteria outlined in these regulations before being used for student instruction. All motor vehicles used by a licensed school for the purpose of taking the driving examination shall have a valid registration in the vehicle and be in safe mechanical condition, as defined in these regulations.

Statutory Authority

§§46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

FORMS

[ Virginia Commercial Driver Education Certificate, CDT-B (rev. 7/04).

Application for Driver Training School License, DTS-001 (rev. 4/05).

Virginia Driver Training Commercial Certificate, DTS-A (rev. 09/07).

Virginia Commercial Driver - Driver Training Certificate (DTS-A) Instructions, DTS-A I (rev. 09/07).

Virginia Driver Training Certificate, DTS-B (rev. 09/07).

Virginia Driver Training Certificate (DTS-B) Instructions, DTS-B I (rev. 09/07).

Application for Driver Training School License, DTS-001 (rev. 05/06). ]

Application for Driver Training Instructor License, DTS-002 (rev. 04/05).

[ Commercial ] Driver Training School License, [ CDT-003 DTS-003 ] (rev. [ 5/03 01/07 ]).

[ Virginia Driver Training School ] Vehicle Insurance Certification, DTS-005 (rev. 03/05).

Virginia Driver Training School Licensing [ Audit Review ], DTS-9 (rev. [ 1/05 05/06 ]).

Virginia Driver Training School [ Licensing Review Audit ], DTS-10 (rev. [ 5/06 05/05 ]).

Driver Training School [ Class B ] Student Records [ Review (class B) Audit, ] DTS-11 (rev. [ 5/06 01/05 ]).

Virginia Driver Training School Close-out Audit Report, DTS-12 (rev. 01/05).

Virginia Driver Training School Vehicle Inspection Checklist [ (Class A and Class B) ], DTS-13 (rev. [ 1/05 07/07 ]).

Driver Training School Student In-Car [ Instruction Instruction/Observation ] Record, DTS-14 (rev. [ 1/05 06/07 ]).

Final Road Skills Test Score Sheet, [ DTS-15 CSMA-09 ] (rev. [ 1/05 04/07 ]).

[ Virginia Driver Training School Immediate Action Request Fax Form, DTS-16 (rev. 04/05). ]

[ Instructions for Completing the ] Classroom Instruction Attendance Roster, DTS-17 (rev. 01/05).

Virginia Driver Training School Parent/Student Questionnaire, DTS-18 (rev. 01/05).

Surety Bond Affidavit and Acknowledgement of Surety, DTS-22 (rev. [ 5/06 08/07 ]).

[ 40-Hour Parent/Teen Driving Guide Confirmation of Receipt, DTS-40 (rev. 7/06). ]

Virginia Driver Training School Review Report, DTS-51 (rev. 05/06).

Driver Training School [ Instructor Monthly ] Training [ Completion ] Report, DTS-100 (rev. [ 5/06 06/07 ]).

Home-Schooled In-Car Driver Education Parental Authorization Application, HS-1 (rev. 05/04).

Virginia [ Driver Training Certificate ] Home-Schooled [ In-Car Driver Education Certificate ], HS-2 (rev. [ 7/04 07/07 ]).

Home-Schooled In-Car Driver Education Information Sheet, HS-3 (rev. [ 7/04 09/07 ]).

[ Class A Driver Training Schools Contract Checklist (rev. 2/05).

Class B Driver Training Schools Contract Checklist (rev. 2/05).

Driver Training School Contract Requirements (rev. 09/07).

Class A Driver Training School Curriculum Requirements, DTS-30 (rev. 09/07).

Class A Driver Training School Program Summary (rev. 09/07).

Class B Driver Training School Program Summary (rev. 9/07). ]

Driver Training School Application Checklist (rev. [ 7/06 9/07 ]).

[ Driver Training School Manual (rev. 3/05). ]

DOCUMENTS INCORPORATED BY REFERENCE

Curriculum and Administrative Guide for Driver Education in Virginia, 2001, Virginia Department of Education in cooperation with the Virginia Department of Motor Vehicles, http://www.doe.virginia.gov/VDOE/Instruction/PE/ca_guide.html.