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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Words, whenever
				used in this Chapter, shall have the same meaning as ascribed to them in Title
				43, Chapter 13 of the Georgia Code, unless otherwise defined in the rule of
				which they are part.
(2) Motor
				Vehicle - Every vehicle which is self-propelled or by which any person is or
				property may be transported or drawn upon a public highway except devices used
				exclusively upon stationary rails or tracks.
(3) Driver Training School - Any person,
				partnership, limited liability company, or corporation, giving driving
				instruction to ten (10) or more persons per calendar year for the purpose of
				assisting such persons to meet the requirements for licensed driving of Class C
				or Class M motor vehicles in this state, except for motorcycle operator safety
				training programs conducted by or on behalf of the Department of Driver
				Services pursuant to Chapter 15 of Title 40. The term shall also include any
				public school system offering a driver training course during the regular
				school day as part of a student curriculum at no cost to the student. Term
				shall not include hospitals and state licensed rehabilitation centers offering
				a deliver training course for the purpose of rehabilitating persons to maintain
				or obtain a Class C license; provided, that such facilities shall file a
				prescribed memorandum of understanding with the Commissioner.
(4) Limited Driver Training School - Any
				person, partnership, limited liability company, or corporation, giving driving
				instruction to ten (10) or more persons per calendar year by offering a
				for-hire defensive driving safety course for the purpose of training to assist
				persons to obtain a Class C of Class M license through means of
				behind-the-wheel training, simulator training, of offering a defensive driving
				course consisting of less than 30 hours of classroom and six hours of
				behind-the-wheel training.
(5)
				Temporary Driver Training Permit - Any person, partnership, limited liability
				company, or corporation, which offers occasional driving instruction to ten
				(10) or more persons per calendar year by offering a for-hire defensive driving
				safety course for that does not maintain permanent classroom located within the
				state.
(6) Person - Every natural
				person, firm, partnership, limited liability company, corporation, association
				or school. The term "school" shall not apply to colleges conducting a driver
				training program.
(7) Department -
				The Georgia Department of Driver Services acting directly or through its duly
				authorized officers or agents.
(8)
				Distance Learning - Means the use of satellite or cable narrowcast technology
				to create two-way, interactive learning environment in which an instructor may
				simultaneously present instruction in multiple classrooms. The school is
				responsible for ensuring that students at all locations may clearly view the
				instructor and any visual aids or films used by the instructor, may comment to
				or ask questions of the instructor. The school is also responsible for
				providing a proctor at a location used for distance learning to fulfill the
				school's obligations under these rules and regulations with respect to
				students.
(9) Proctor - A proctor
				serves as the school's representative at a location used for distance learning.
				The proctor is responsible for ensuring that all responsibilities of the school
				with respect to the students are fulfilled at the location. The proctor may be
				a licensed instructor of the school; if not, the proctor must be a high school
				graduate or possess a GED, be at least 18 years of age, and not have been
				convicted of a felony or any other crime of moral turpitude, or a pattern of
				misdemeanors that evidences a disregard for the law, unless he or she has
				received a pardon and can produce evidence of same.
(10) Driver License Examiner - Any person
				appointed by the Department of Driver Services for the purpose of administering
				driver license examinations.
(11)
				Driver Training Instructor - Any person, whether employed by a driver training
				school, limited driver training school, or operating in his or her own behalf,
				or whether acting in behalf of any school located within or outside the State
				of Georgia, including a motorcycle safety coach as defined in
				375-7-4-.03(6), who
				gives driving instructions for the purpose of assisting persons to meet the
				requirements for licensed driving of Class C or Class M motor vehicles in this
				state at a driving training school, limited driver training school, whether
				such instruction is theoretical or practical or both.
(12) Driver Training Program - That series of
				courses developed or approved by the Department of Driver Services for the
				purpose of assisting persons to meet the requirements for licensed driving of
				Class C or Class M motor vehicles in this state to include, but not limited to
				a thirty (30) hour classroom and six (6) hours of actual behind the wheel
				instruction; classroom instruction; behind-the-wheel instruction; instruction
				by means of simulation training; defensive driving, distance learning, or
				virtual drivers training courses approved by the Department.
(13) Suspension - The privilege to operate a
				driver training school or to instruct (as provided in these regulations) is
				temporarily withdrawn by formal action of the department, which temporary
				withdrawal shall be for a period specifically designated by the
				department.
(14) Revocation - The
				privilege to operate a driver training school or to instruct (as provided in
				these regulations) is terminated by formal action of the department, which
				privilege shall not be subject to renewal or restoration, except that an
				application for a new license may be presented to and acted upon by the
				department after the expiration of the applicable period of time prescribed by
				the department. A revocation shall be for a period of at least one (1) year or
				indefinitely.
(15) Cancellation - A
				license previously issued to or presently held by a person, firm, partnership,
				corporation, association, or school is terminated by the Department because of
				some error or defect in the license or because the licensee is no longer
				entitled to such license. The cancellation of a license is without prejudice,
				and application for a new license may be made at any time after such
				cancellation.
(16) Applicant - The
				owner of a sole proprietorship, the partners in a firm, partnership or
				association or the controlling stockholders of a corporation, the principal, or
				designated representative of a secondary school.
(17) Controlling Stockholders - All
				stockholders of any corporation, public or private, owning more than ten
				percent (10%) of the outstanding shares in such corporation.
(18) Passenger type vehicle - Any vehicle
				that requires a class C noncommercial driver's license.
(19) Motorcycle - Any vehicle that requires a
				class M driver's license.
(20) Fine
				- means the use of a pecuniary punishment of up to $1,000 for each violation of
				the Rules and Regulations.
(21)
				Certificate of curriculum approval - means a certification issued by the
				Department authorizing the use of a specific curriculum by a driver training
				school. The certification shall expire on the same date as the driver training
				school license.
(22) Certificate of
				Completion - means a certificate prescribed by the Department and issued by a
				licensed driver training school to all students who successfully complete
				thirty (30) hours of classroom and six (6) hours of behind the wheel
				training.
(23) Simulator - means a
				driving apparatus that is designed as a learning tool to replicate actual
				driving conditions using various driving environments and situations.
(24) Limited Certificate of Completion -
				means a certificate prescribed by the Department and issued to all students who
				successfully complete a driver training course consisting of less than thirty
				(30) hours of classroom and six (6) hours of behind the wheel
				training.
(25) Virtual driver
				training course - means a web based course of instruction approved by the
				Department that provides a minimum of thirty (30) hours of on line instruction
				that must include training in controlling of vehicles, basic vehicle maneuvers,
				signs, roadway markings, driving in urban, rural, expressway and adverse
				conditions, maintaining the vehicle, alcohol and other drugs while driving,
				state insurance and Department licensing requirements.
(26) Multiple Vehicle Driving Range - means a
				driver training facility that enables the driver training instructor, from a
				position outside the vehicle utilizing electronic and/or oral communication, to
				instruct and supervise several students simultaneously, each of whom is
				operating a vehicle at an off-street facility specifically designed for that
				type of instruction.
O.C.G.A. §
										43-13-1,
et
				  seq.