reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.14 - Responsibility for Employees

Current through Rules and Regulations filed through June 27, 2024
(1) No commercial driver training school
				shall employ or otherwise engage any individual to give classroom instruction
				or behind the wheel instruction unless the individual has a valid current
				driver training instructor's license issued by the Department for that specific
				school.
(2) Qualified and
				recognized experts in the fields of commercial driver education, driver
				training, traffic regulation or Federal Motor Carrier Safety Regulations may
				give occasional classroom lectures without having a commercial driver training
				instructor's license, provided the commercial driver training school that
				secures the services of such expert notifies the Department in advance,
				indicating the name, address and qualifications of the expert, the proposed
				lecture date and secures the approval of the Department.
(3) Each commercial driver-training
				instructor employed by or associated with any commercial driver training school
				shall be deemed an agent of the school and the school shall share the
				responsibility for all acts performed by the instructor which are within the
				scope of his employment and which occur during the course of his
				employment.
(4) If a licensed
				instructor leaves the employment of or otherwise terminates his association
				with any commercial driver training school, the school shall immediately notify
				the Department, in writing. Said notice shall contain the following
				information:
(a) The name, address, and
				license number of the school;
(b)
				The name, address, and license number of the instructor;
(c) The date of and reason for the
				termination of his/her employment.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.15 - Records and Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Every commercial driver training school
				shall maintain the following records, which shall be available for inspection
				by the Department during normal business hours. Normal business hours shall be
				between 8:30 a.m. and 4:30 p.m. daily. One hour of flexibility in the time may
				be observed as long as the school is open eight (8) hours per day.
(a) A daily log of all range and on the road
				hours shall be maintained for each student. Such log shall include: observation
				time, actual driving time, student name, instructor name, vehicle designate
				whether its actual range or road time.
(b) A file containing the original of every
				contract entered into by the school and its students for the purpose of
				obtaining any instructions relating to the operations of a motor vehicle or
				procedures to obtain a commercial drivers license. A duplicate copy of the
				contract must be furnished to the student and the school thereof must retain
				the original for a period of three (3) years.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.16 - Contents of Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Every contract entered into by the school
				and another individual shall contain the following:
(a) An agreed contract price per hour of
				lesson or a total contract price for the number of hours of instruction to be
				given.
(b) Whether an additional
				charge will be made for the use of school's vehicle for the actual driving
				instruction, or for picking up a student or taking him to his desired
				destination upon completion of a lesson.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.18 - Insurance and Safety Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Every vehicle used by a school for the
				purpose of commercial driver training must be registered with the Department
				and a Vehicle Registration Card, issued by the Department, must be displayed
				conspicuously inside the vehicle at all times.
(2) A non-passenger type vehicle must have
				been inspected by a member of the Department and determined to be in a safe
				operating condition prior to a vehicle card being issued. Vehicle registration
				cards issued for a vehicle used for off road vehicle training will be marked
				FOR OFF-ROAD USE ONLY.
(3) No
				school vehicle registration card will be issued unless the school has filed
				with the Department evidence of insurance by a company authorized to do
				business in Georgia in the amount of at least $100,000.00 to cover bodily
				injury to, or death of, any one person in any one accident and subject to said
				limit for one person, to a limit of at least $200,000.00 to cover bodily injury
				to, or death of any two or more persons in any one accident, and at least
				$20,000.00 to cover destruction of property of others in any one accident.
(a) The school shall furnish evidence of such
				insurance, in the form of a certificate from the insurance company which shall
				stipulate that the Commissioner shall be notified when the policy expires or if
				it is canceled, and shall include the make, model, and vehicle identification
				number.
(b) If the school is
				covered under a fleet policy and another vehicle is added to the fleet, the
				school should notify the Department that another vehicle (giving the make,
				model, and vehicle identification number) has been added so as to avoid the
				necessity of the insurance company furnishing the Department with another copy
				of the policy each time another vehicle is added to the school fleet.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.19 - Application for Instructor's License

Current through Rules and Regulations filed through June 27, 2024
(1) Application for an instructor's license
				must be made to the Department on a form prescribed and issued by the
				Department.
(2) Each application
				for an instructor's license must be accompanied by a notarized statement from
				the owner or operator of the school (unless such owner or operator is making
				application for the instructor's certificate) that the applicant is or will be
				employed by the school. THIS APPLIES TO ALL RENEWAL OR DUPLICATE APPLICATIONS
				FOR THE INSTRUCTOR'S LICENSE.
(3)
				Every applicant shall complete a background investigation form and submit with
				application. No instructor shall teach or give any instruction until such time
				as a valid instructors license is issued.
(4) Every application shall be accompanied by
				two (2) sets of fingerprints of each digit of the right and left hands, an
				affidavit from a state, county or city officer qualified to make such
				fingerprints that the fingerprints are those of the applicant and a processing
				fee for the actual cost of processing for each set of fingerprint
				cards.
O.C.G.A. Sec.
				  43-13-8.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.20 - Qualifications of Commercial Driver Training Instructors

Current through Rules and Regulations filed through June 27, 2024
(1) Every commercial driver training school
				instructor shall be a person of good moral character, and at least twenty-one
				years of age.
(2) Every commercial
				driver training school instructor applicant, at time of application, shall
				possess a valid driver's license. Said driver's license must be the same class
				of license for the commercial driver training class being taught.
(a) No commercial driver training school
				instructor applicant will be approved if his or her driver's license has been
				suspended within one (1) year prior to making application for a conviction or
				combination of convictions directly related to the operation of a motor
				vehicle.
(b) No commercial driver
				training instructor applicant will be approved if his or her driver's license
				has been suspended two (2) or more times within five (5) years prior to making
				application for a conviction or combination of convictions directly related to
				the operation of a motor vehicle.
(c) No person with a conviction of a felony
				or any other crime involving violence or a crime of moral turpitude, or a
				pattern of misdemeanors that evidences a disregard for the law, will be
				licensed unless he or she has received a pardon and can produce evidence of
				same. For the purposes of this chapter, a plea of nolo contendere shall be
				considered to be a conviction. For the purposes of this chapter, a conviction
				for which a person has been free from custody and free from supervision for at
				least ten (10) years will not be considered, unless the conviction is for an
				offense which is a dangerous sexual offense as defined in O.C.G.A. §
										42-1-12 or the criminal offense
				was committed against a victim who was a minor at the time of the
				offense.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.21 - General Regulations

Current through Rules and Regulations filed through June 27, 2024
(1) No license, certificate, or permit as
				provided for by the Georgia Driver Training School License Act will be issued
				to any applicant who has been convicted of any felony or any crime involving
				violence, dishonesty, deceit, fraud, indecency or moral turpitude unless such
				applicant has received a pardon and can produce evidence of such pardon to the
				Department. When requested, each applicant will furnish a copy of the
				disposition of any case.
(2) No
				employee of the Department, nor any member of the immediate family of such an
				employee, shall be connected in any manner with any driver training school
				licensed by the Department.
(3) The
				school shall agree to permit the Department to inspect the school and all
				records or documents pertaining thereto during normal business hours, and the
				Department shall have the right and privilege of reproducing such records or
				documents, as it deems necessary. Normal business hours shall be 8:30 a.m. to
				4:30 p.m. daily. One-hour flexibility in the time may be observed as long as
				the school is opened eight (8) hours per day.
(4) The school must exhibit on each motor
				vehicle registered by the Department for the purpose of driver instruction a
				sign identifying the school by name. This identification may be painted on the
				front, side or rear of the vehicle, in clearly legible block letters not less
				than two (2) inches in size. If the identification is not painted on the rear
				of the vehicle, a portable sign must be attached securely to the rear bumper or
				to the top of the vehicle so that it is visible from the rear, provided that
				such sign conforms to the above requirements. All road vehicles must have a DOT
				number issued by the Department and must be readily readable from a distance of
				fifty (50) feet.
(a) A sign must be visible
				from the rear of the vehicle in clear legible block letters not less than two
				(2) inches in size with the words STUDENT DRIVER.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.22 - Contributing Factors to the Suspension, Revocation, or Cancellation of Commercial Driver Training School and/or Instructor Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) Actions which may lead to the suspension,
				revocation or cancellation of a license, certificate or permit shall include
				but not be limited to the following:
(a) Any
				conviction for a felony or any crime involving violence, dishonesty, deceit,
				fraud, indecency or moral turpitude.
(b) Knowingly presenting false or misleading
				information to the Department.
(c)
				Addiction or habitual use of alcohol, dangerous or narcotic drugs.
(d) The failure of any instructor to teach
				within the guidelines as prescribed in the rules and regulations or who
				demonstrates a lack of ability to instruct in a commercial driver training
				school.
(e) Failure or refusal to
				permit the Department to inspect a school, its class of instruction, records,
				vehicles, or any operation of facility pertaining to the school during normal
				business hours.
(f) Failure or
				refusal to submit to the Department any application for a license, certificate
				or permit in the manner prescribed by the Department.
(g) Failure or refusal to produce a license,
				certificate or permit on demand of a prospective student, the Department, or
				any constituted law enforcement official or agency.
(h) Failure to maintain proper standards of
				instruction, instructors, or equipment sufficient to operate a
				school.
(i) Employing an
				instructor, teacher or agent who is not licensed by the Department.
(j) Any change of ownership or controlling
				stockholders of a school without immediately notifying the
				Department.
(k) Whenever any owner,
				instructor, employee or agent has aided or assisted any person in obtaining a
				driver license by dishonest or fraudulent means.
(l) Whenever instructions to students are
				contrary to the restrictions imposed on the student's driver license.
(m) For unauthorized possession of
				application forms, questionnaires, tests, or other materials used by the
				Department for the purpose of conducting driver examinations or issuing driver
				licenses.
(n) Whenever any owner,
				instructor, employee, or agent has issued a certificate of completion or signed
				a contract stating the number of classroom hours and/or behind the wheel hours
				when the student did not, in fact, receive the number of hours
				stated.
(o) Failure of a driver
				training school to maintain a telephone for the exclusive use of the
				school.
(p) If a person holds one
				or more license(s) as a driver training school owner and/or instructor and one
				is suspended, revoked, or canceled, this will be grounds in itself for all
				licenses issued to that person to be suspended, revoked, or canceled.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.23 - Contractual Bond Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) No commercial driver training school may
				operate in the State of Georgia unless it provides and files with the
				Department a continuous surety bond in the principal sum of two thousand five
				hundred dollars ($2,500.00) for the protection of the contractual rights of
				students, written by a company authorized to do business in the State of
				Georgia.
(2) The school shall
				submit to the Department the contract, or specimen thereof, the obligations of
				which are guaranteed by the bond.
O.C.G.A. Sec.
				  43-13-8.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.24 - Alternative Resources for Background Investigations

Current through Rules and Regulations filed through June 27, 2024
In the event the Department is unable to obtain classifiable
				  electronically recorded fingerprints from an applicant for reasons that are
				  beyond the applicant's control, the Department may conduct a background
				  investigation of such applicant utilizing the CJIS Name Search procedures
				  authorized by the Federal Bureau of Investigations and the Georgia Bureau of
				  Investigations.
O.C.G.A. §
										40-16-5.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-3 - COMMERCIAL DRIVER TRAINING SCHOOLS › Rule 375-5-3-.25 - Pending Charges Against Owners and Instructors

Current through Rules and Regulations filed through June 27, 2024
1. If at the time of application the
				applicant is charged with any offense that a conviction for which would result
				in said applicant's ineligibility for certification, consideration of the
				application shall be suspended until entry of a plea or verdict or dismissal of
				said charge.
2. If after the
				issuance of a permit a person is charged any offense that a conviction for
				which would result in said applicant's ineligibility for certification, the
				permit may be suspended pending disposition of such charge. If the person is
				convicted of such charge, the permit shall be revoked.
O.C.GA. §
										43-13-8.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Alcohol and Drug Awareness Program (ADAP) of the
				  Department of Driver Services shall be administered by the Director of the
				  Regulatory Compliance Division of the Department of Driver Services, and such
				  additional staff as the Commissioner deems necessary.
O.C.G.A. §§
											40-16-1,
				  40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101,
				  20-2-142.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.02 - Scope

Current through Rules and Regulations filed through June 27, 2024
To provide instructions to young people of this State
				  regarding the dangers of alcohol and drug use as it relates to the operation of
				  motor vehicles; to provide for instructors; to provide for the issuance of
				  certificates to persons who successfully complete the ADAP
				  course.
O.C.G.A. §§
											40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101,
				  20-2-142(b)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Terms used in
				these rules have the following meaning:
(a)
				"ADAP" means the Alcohol and Drug Awareness Program established by the
				Department of Driver Services and State Board of Education.
(b) "Certificate of Completion" means a
				standardized numbered certificate prescribed by the Department and issued by
				the instructor or school administrator to all students who successfully
				complete the ADAP course and pass a written examination with a score of at
				least 70.
(c) "Curriculum" means an
				approved four (4) hour course to provide instructions to young people of this
				State regarding the dangers of alcohol and drug use as it relates to the
				operation of motor vehicles.
(d)
				"Department" means the Department of Driver Services.
(e) "Replacement Certificate" means a
				certificate issued by the Department to a student who has successfully
				completed the course and has lost or been unable to locate the original
				Certificate of Completion.
(f)
				"Instructor" means a person approved by the Department to provide instruction
				in the ADAP curriculum.
(g)
				"Student" means a person in grades nine and above required by Georgia law to
				complete the ADAP course prior to issuance of a Georgia Class "D" provisional
				driver's license.
(h) "Student
				Roster" means a document listing the class instructor, class location, date,
				student's full name, date of birth and whether the student passed or failed the
				course.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.04 - General Regulations

Current through Rules and Regulations filed through June 27, 2024
(1) All schools with grade nine and above
				which receive funds in any manner from the state shall make available to
				eligible students the ADAP course at least once annually.
(2) Scheduling for such courses shall adhere
				to school policies and procedures.
(3) Make-up classes shall be made available
				to those students who are unable to obtain an ADAP class in public or private
				schools or home-schooled students.
(4) Make up classes may be offered
				online.
(5) The maximum number of
				students attending an ADAP class shall not exceed 60 students per one
				instructor without prior approval of the Department.
(6) Schools shall permit authorized
				representatives of the Department to make periodic, scheduled inspections.
				During each inspection, each owner, partner, associate, corporate director,
				office manager, or employee of the school shall cooperate with the Department's
				representative and upon demand shall exhibit all records, instructional aides
				or such other materials as may be called for to be inspected.
O.C.G.A. §§
											40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101,
				  20-2-142(b)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.05 - Instructor Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All ADAP instructors must be approved by
				the Department.
(2) Instructors
				must complete an application prescribed by the Department for access to the
				online ADAP program for administrative purposes prior to any class
				presentation.
(3) Instructors must
				conduct the ADAP course in a four (4) hour period with a ten (10) minute break
				each hour.
(4) The instructional
				program shall consist of one four (4) hour session or two (2) two-hour
				sessions, except classes consisting of five (5) students or less may be
				conducted in one session consisting of a minimum of 2.5 hours.
(5) Classes may be conducted during the week
				or on weekends. All classes must be concluded by 9:30 p.m.
O.C.G.A. §§
											40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101,
				  20-2-142(b)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.06 - Course Content and Materials

Current through Rules and Regulations filed through June 27, 2024
(1) The curriculum format must be approved by
				the Department.
(2) The course
				shall consist of four (4) sessions relating to:
(a) TADRA;
(b) Traffic Laws and Safe Driving;
(c) Alcohol and Drug Awareness;
(d) Summary and Discussion.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.07 - Testing

Current through Rules and Regulations filed through June 27, 2024
(1) Each student
				must attend each of the four (4) sessions in order to qualify for the
				examination.
(a) Retest: Any student who has
				attended the referenced sessions may retest twice with a subsequent class
				without further instruction.
(b)
				Any retest may be scheduled at the discretion of the instructor or the school
				principal.
(c) Oral test may be
				conducted at the discretion of the school principal or instructor.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-4 - ALCOHOL AND DRUG AWARENESS PROGRAM › Rule 375-5-4-.08 - Parental Component

Current through Rules and Regulations filed through June 27, 2024
(1) The ADAP course shall include a voluntary
				component available for participation by each child's parents or
				guardians.
(2) The content of the
				joint component shall include anti-drug and anti-alcohol material, while the
				parental component shall include material relating to drug prevention
				strategies, legal accountability information, an opportunity for parent or
				guardian to submit questions to an instructor or the Department, and any other
				information that the Department believes would be useful for parents and
				guardians to use to protect their children from alcohol and other drug
				use.
(3) The parental component of
				ADAP may be offered online.
(4)
				Each parent or guardian who completes the voluntary parental component of ADAP
				may obtain a one-time three-year online motor vehicle report for himself or
				herself. Parents and guardians may complete the parental component with each of
				their children and obtain additional driving records for each such
				session.
O.C.G.A. §§
											40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101,
				  40-5-25.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-5 - FOR-HIRE ENDORSEMENTS › Rule 375-5-5-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The For-hire License Endorsement Program of the Department of
				  Driver Services shall be administered by the Director of the Regulatory
				  Compliance Division of the Department of Driver Services, and such additional
				  staff as the Commissioner deems necessary.
O.C.G.A. §§
											40-16-1,
				  40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101,
				  40-5-39,
				  40-5-158.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-5 - FOR-HIRE ENDORSEMENTS › Rule 375-5-5-.03 - For-hire Endorsement Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Before any person may be issued a
				For-hire license endorsement to operate a motor vehicle for the purpose of
				transporting passengers in the State of Georgia for compensation or donation as
				a limousine carrier, ride share network or driver, or taxi service, an
				application shall be made in writing to the Department, on a form prescribed
				and furnished by the Department.
(2) The application shall include the
				following minimum information:
(a) The
				applicant's name, address, phone number, date of birth and driver's license
				number.
(b) Applicant must complete
				information for background investigation and sign authorization form.
(c) Submit a non-refundable application fee
				in the amount of $15.00.
(d)
				Provide a letter from a For-hire company showing proof of
				employment/affiliation.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-5 - FOR-HIRE ENDORSEMENTS › Rule 375-5-5-.04 - Qualifications for Issuance of a For-hire License Endorsement

Current through Rules and Regulations filed through June 27, 2024
(1) For-hire license endorsement applicants
				must be at least 18 years of age.
(2) Applicants must possess a valid Georgia
				driver's license.
(3) Must pass a
				criminal background check in accordance with the provisions of O.C.G.A. §
									40-5-39.
(4) Applicant must work for a For-hire
				company that holds a Certificate issued by the DPS.
(5) Must be a U.S. citizen or submit proof of
				lawful status.
O.C.G.A. §§
										40-5-39,
				  40-16-5.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-5 - FOR-HIRE ENDORSEMENTS › Rule 375-5-5-.05 - Suspension, Revocation, or Cancellation of a For-hire License Endorsement

Current through Rules and Regulations filed through June 27, 2024
(1)
(a) If at the time of application the
				applicant is charged with any offense that a conviction for which would result
				in said applicant's ineligibility for a For-hire license endorsement,
				consideration of the application shall be suspended until entry of a plea or
				verdict or dismissal of said charge.
(b) If after the issuance of a For-hire
				license endorsement a person is charged any offense that a conviction for which
				would result in said applicant's ineligibility for the For-hire license
				endorsement may be suspended pending disposition of such charge. If the person
				is convicted of such charge, the For-hire license endorsement shall be
				revoked.
(c) The Department shall
				send written notice to the For-hire license endorsement holder of the
				suspension, revocation, or denial of his or her application for a For-hire
				license endorsement. Appeals of such actions shall be subject to the process
				outlined in Ga. Comp. R. & Regs.
				375-3-3-.04.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-5 - FOR-HIRE ENDORSEMENTS › Rule 375-5-5-.07 - Alternative Resources for Background Investigations

Current through Rules and Regulations filed through June 27, 2024
In the event the Department is unable to obtain classifiable
				  electronically recorded fingerprints from an applicant for reasons that are
				  beyond the applicant's control, the Department may conduct a background
				  investigation of such applicant utilizing the CJIS Name Search procedures
				  authorized by the Federal Bureau of Investigations and the Georgia Bureau of
				  Investigations.
O.C.G.A. §
										40-16-5.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The DUI Alcohol or Drug Use Risk Reduction Program shall be
				  administered by the Regulatory Compliance Division of the Department of Driver
				  Services, and such additional staff as the Commissioner deems
				  necessary.
O.C.G.A. §§
											40-5-4,
				  40-5-82,
				  40-5-83,
				  40-5-101,
				  40-16-1,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.03 - Exclusions

Current through Rules and Regulations filed through June 27, 2024
(1) No employee of the Department, the
				Department of Behavioral Health and Developmental Disabilities, or any
				immediate family member to include but not limited to a spouse, child,
				stepchild, parent, or stepparent of such employee, shall be an owner, operator,
				instructor, or employee of a Program.
(2) No judge, public or private probation
				officer, public or private probation employee or agent, bail bondsman, employee
				or agent of a bonding company, law enforcement or peace officer, employee of a
				court in this or any or any other state, or any immediate family member to
				include but not limited to a spouse, child, stepchild, parent, or stepparent of
				such employee thereof, except for such persons who were and have been
				continuously certified as of June 30, 2015, shall be an owner, operator,
				instructor or employee of a Program.
(3) No Person who owns, manages, operates, or
				is employed by a private company that has contracted to provide probation
				services for misdemeanor cases shall be an owner, operator, instructor, or
				employee of a Program.
(4) No
				Person shall be certified by the Department if his or her Certification as a
				Program Owner or Instructor could pose an actual, potential, or implied
				conflict of interest due to the existence of any relationship that would place
				such Person in a position to exert undue influence on, exploit, take undue
				advantage of, or breach the confidentiality of any Student or
				Offender.
(5) No Person who is
				neither a United States citizen nor a non-citizen who is lawfully present in
				the United States shall be certified by the Department as a Program Owner or
				Instructor.
(6) Any Program Owner
				or Instructor shall notify the Department if he or she has a change in their
				immigration status that creates an exclusion as defined in this chapter within
				five business days immediately following such event. The Department may
				suspend, revoke, or cancel any Program Owner or Instructor Certification upon
				receipt of such notice.
(7) Any
				Program Owner or Instructor shall notify the Department if he or she, or their
				spouse, child, stepchild, or parent has a change in employment status that
				creates an exclusion as defined in this chapter within five business days
				immediately following such event. The Department may suspend, revoke, or cancel
				any Program Owner or Instructor Certification upon receipt of any such
				notice.
O.C.G.A.
				  §§ 40-5-82, 40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.04 - Qualifications of Program Owners

Current through Rules and Regulations filed through June 27, 2024
(1)
Initial
				qualifications
. To be certified by the Department, each Applicant for
				Program Owner shall meet the following initial qualifications:
(a)
Clear criminal record
. Each
				Applicant for Program Owner shall be subject to a fingerprint-based check of
				their criminal history, as designated by the Department, for review of any
				convictions. For the purposes of this chapter, a plea of
nolo
				contendere
and "first offender" sentences imposed pursuant to O.C.G.A.
				§
										42-8-60,
et seq.
,
				shall be considered a conviction.
1. Unless
				pardoned, an Applicant convicted of a felony shall be disqualified from
				Certification by the Department.
2.
				An Applicant convicted for a dangerous sexual offense or an offense against a
				victim who was a minor at the time of the offense shall be permanently
				disqualified from eligibility.
3.
				Unless pardoned, an Applicant with the following convictions shall be
				disqualified from Certification by the Department for a period of 10 years
				after release from custody or supervision:
(i) a crime involving violence; or
(ii) a crime of moral turpitude.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.05

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				  §§
											40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.06 - Qualifications of Program Instructors

Current through Rules and Regulations filed through June 27, 2024
(1)
Initial
				qualifications
. To be certified by the Department, each Applicant for
				Program Instructor shall meet the following initial qualifications:
(a)
Clear criminal record
. Each
				Applicant for Program Instructor shall be subject to a fingerprint-based check
				of their criminal history, as designated by the Department, for review of any
				convictions. For the purposes of this chapter, a plea of
nolo
				contendere
and "first offender" sentences imposed pursuant to O.C.G.A.
				§
										42-8-60,
et seq.
,
				shall be considered a conviction.
1. Unless
				pardoned, an Applicant convicted of a felony shall be disqualified from
				Certification by the Department.
2.
				An Applicant convicted for a dangerous sexual offense or an offense against a
				victim who was a minor at the time of the offense shall be permanently
				disqualified from eligibility.
3.
				Unless pardoned, an Applicant with the following convictions shall be
				disqualified from Certification by the Department for a period of 10 years from
				custody or supervision:
(i) a crime involving
				violence; or
(ii) a crime of moral
				turpitude.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.07 - Program Application, Certification, and Recertification Requirements

Current through Rules and Regulations filed through June 27, 2024
(1)
Certification required
. No
				Program may operate without first being certified by the Department.
(2)
Management and control by owners,
				partners, or stockholders.
Only certified owners, partners, and
				stockholders are authorized to exercise management and control over Program
				operations.
(3)
Application
				for Program Certification requirements.
(a) All applications for Program Owner shall
				be submitted on forms prepared by the Department, following the procedure
				prescribed by the Department.
(b)
				All applications for Program Owner shall be accompanied by all required
				materials and fees; and shall be truthful, accurate and complete.
(c) All Applicants must undergo a national
				and state fingerprint-based criminal background check utilizing a method
				prescribed by the Department.
(d)
				All Applicants for Program Owner shall submit to the Department the following
				materials in addition to the completed Program application:
1. A Consent for Background Investigation
				Form with notarized signatures from each Program Owner, partner, or
				stockholder;
2. Either a copy of
				the Program's Certificate of Incorporation from the State of Georgia Secretary
				of State's Office, a copy of the Program's Business License, or proof that the
				Program's adopted business (DBA) name has been filed with the Clerk of Superior
				Court in the county where the program is located, in accordance with O.C.G.A.
				§
											10-1-490;
3. Proof of a continuous Surety Bond in the
				principal sum of $10,000 per Program location from a company authorized to
				conduct business in the State of Georgia indicating the Georgia Department of
				Driver Services as obligee. Where multiple Programs are owned by one entity, a
				single surety bond for all locations may be submitted reflecting an aggregate
				amount of $10,000 per Program location;
4. A certificate of occupancy from the local
				governing authority or fire code inspection report from a local, municipal, or
				state fire marshal showing no violations for each Program location and dated
				within 90 days of filing the Program application;
5. A copy of the Program's standard business
				hours and days of operation;
6.
				Each owner, partner, or stockholder certifies they will hold the identity of
				Student and Program records confidential as required on the program
				application.
(e) The
				Department shall conduct an on-site inspection of the Program
				location.
(f) The Department may
				require any Applicant for Program Owner Certification to submit additional
				information or verification that is reasonably related to making a
				determination regarding initial Program Certification.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.08

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				  §§
											40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.09 - Program Instructor Application, Certification, and Recertification Requirements

Current through Rules and Regulations filed through June 27, 2024
(1)
Certification required.
No person may instruct in a Program
				without first being certified by the Department.
(2)
Application for Instructor
				Certification.
(a) All applications for
				Instructor Certification shall be submitted on forms prepared by the
				Department, following a procedure prescribed by the Department.
(b) Instructor applications shall include all
				information and fees; and shall be truthful, accurate, and complete.
(c) All Applicants must undergo a national
				and state fingerprint-based criminal background check utilizing a method
				prescribed by the Department.
(d)
				Instructor applicants shall submit to the Department the following materials in
				addition to the completed Instructor application:
1. A notarized Consent for Background
				Investigation Form;
2. An official
				transcript from an accredited college/university or a copy of the applicant's
				degree, or high school diploma or GED, whichever is applicable;
3. Proof of successfully completing the
				Department-designated Program Instructor training course. The
				Department-designated curriculum provider will set a fee to cover the cost of
				the course, which shall be paid by the Applicant or the Program to which he or
				she is applying.
(e) The
				Department may require any Applicant for Instructor Certification to submit
				additional information or verification that is reasonably related to making a
				determination for Certification.
(f) After approval of a completed application
				evidencing that the Applicant meets the qualifications set forth in Ga. Comp.
				R. & Regs. R.
				375-5-6-.06, and upon verification
				that the Applicant has successfully completed the Program Instructor training
				course, the Department shall certify the Applicant as a Program
				Instructor.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.10 - History of Compliance

Current through Rules and Regulations filed through June 27, 2024
(1) When any Person who is or ever has been
				certified by the Department within any regulated area applies for Certification
				as a Program Owner, Director, or Instructor, the Department may consider that
				Applicant's history of compliance when determining eligibility for
				Certification.
(2) When any Program
				Owner, Director, or Instructor applies to be recertified, the Department may
				consider that Program Owner, Director, or Instructor's history of compliance in
				determining eligibility for recertification.
(3) Cancellation, Suspension, or Revocation
				of Certification in another program area regulated by the Department may result
				in the Cancellation, Suspension, or Revocation of Certification granted in this
				Program.
O.C.G.A. Secs.
				  40-5-82,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-6 - DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM › Rule 375-5-6-.11 - Program Employees

Current through Rules and Regulations filed through June 27, 2024
(1) Each Program employee, volunteer, agent,
				or representative who provides any Program service to Offenders or Students,
				has access to Program records, or who has telephone or face-to-face contact
				with Offenders or Students shall meet the following requirements:
(a) Be at least eighteen (18) years of
				age;
(b) Sign a confidentiality
				statement provided by the Department agreeing to hold the identity of Students
				and Offenders and Student records confidential;
(c) Sign a statement provided by the
				Department affirming that he or she is not excluded by any of the provisions of
				375-5-6-.03;
(d) Sign a statement cosigned by the Program
				Owner that the employee has received orientation on these rules and operations
				guidelines relevant to that employee's job duties; and
(e) Never have been found to have
				participated in the falsification of records, issuance of false or fraudulent
				certificates, or the theft of certificates from a certified Program.