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 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.23 - 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 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.24 - Driver Improvement Gratuities

Current through Rules and Regulations filed through June 27, 2024
(1) The following items are prohibited from
				being advertised or offered by an owner, agent, representative, instructor, or
				employee to any student or prospective student: legal tender, meals including
				beverages, gift cards, transportation, products or services for free or at a
				discounted price, or anything of monetary value not deemed to be a customer
				service exclusion. Customer service exclusions are limited to ink pens,
				pencils, water, coffee, candy, and Wi-Fi (wireless internet
				connection).
(2) A first violation
				shall result in an administrative fine of $300. A second or subsequent
				violation shall result in a 30-day suspension. A violation of 40-5-81(d) is a
				crime punishable as a misdemeanor. Each person convicted of a second offense
				shall have his or her certification revoked.
O.C.G.A. §§
										40-16-2,
				  40-16-3,
				  40-5-4,
				  40-5-81.
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-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Driver Training Program shall be administered by the
				  Director of the Regulatory Compliance Division of the Department of Drivers
				  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,
				  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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.03

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											43-13-2,
				  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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.05

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											43-13-3,
				  43-13-6,
				  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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.06

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.07

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.08 - Changes of Officers or Address

Current through Rules and Regulations filed through June 27, 2024
(1) The Department must be notified in
				writing within ten (10) days of any change of address of the owner, partner,
				officer, principal or designated representative of a secondary school, or
				instructor of any driver training school or limited driver training
				school.
(2) The Department must be
				notified in writing within ten (10) days of any change of owner, partner, or
				officers, directors or controlling stockholders of any corporation or
				association holding a license,or any change in the principal or designated
				representative of a secondary school. In such case each new officer, director,
				controlling stockholder, or principal or designated representative of a
				secondary school must provide to the Department the same information as
				required for an original license application.
(3) Failure to notify the Department of such
				changes shall be grounds for immediate suspension or revocation of the school
				license or the imposition of a civil penalty.
O.C.G.A. Secs.
				  43-13-7,
				  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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.09

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											43-13-4,
				  43-13-6,
				  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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.10 - Location of Driver Training School or Limited Driver Training School

Current through Rules and Regulations filed through June 27, 2024
(1) A branch office
				of any driver training school and/or limited driver training school shall be
				licensed in the same manner and subject to the same qualifications as the
				principal office of the school. Paragraph (1) through (7) does not apply to a
				limited driver training school offering a virtual program only.
(a) The fee for a license for a branch office
				shall be the same as required for any original application.
(b) Any location containing a classroom
				separate from the licensed facility shall be considered a separate branch
				office.
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-.12 - Name of School

Current through Rules and Regulations filed through June 27, 2024
(1) No driver training school and/or limited
				driver training school will be permitted to use, adopt, or conduct any business
				under any name that is like, or deceptively similar to any name used by any
				other driver training school without the prior approval of the Department. This
				provision will not be applied to restrict the use of trade names where the
				holder of the trade name is the party making the request.
(2) A driver training school and/or limited
				driver training school shall not use the word "State" in any part of the school
				name.
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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.13 - Driver Training School Advertising

Current through Rules and Regulations filed through June 27, 2024
(1) No person or entity shall advertise for
				students to engage in driver license training or limited driver training school
				for the purpose of assisting such persons to obtain a Class C or Class M
				drivers license or provide testing for a driver's license in any manner until
				such time as the school is properly licensed by the Department.
(2) No person or entity may advertise a
				driver training school, limited driver training school or the business of
				giving instructions for hire in assisting persons to meet the requirements for
				licensed driving of Class C or Class M motor vehicles or the business of
				preparing an applicant for a driver's license of any kind unless licensed by
				the Department as a driver training school and/or limited driver training
				school.
(3) No driver training
				school licensed as a driver training school, limited driver training school or
				driver training instructor may advertise or represent themselves to be an agent
				or employee of the Department, nor shall any individual, partnership,
				association, or corporation purchase, use, allow the use of any advertisement
				which would reasonably have the effect of leading the public to believe that
				they are or were an employee or representative of the Department of Driver
				Services.
(4) Each driver training
				school and/or limited driver training school shall use only its licensed name
				for advertising and advertisements, and no driver training school and/or
				limited drivertraining school may use less than its full name or another name
				in any advertisement. This provision will not be applied to restrict the use of
				trade names where the holder of the trade name is the party making the
				request.
(5) No driver training
				school, limited driver training school or driver training instructor shall, by
				any advertisement or otherwise, state or imply directly or indirectly that any
				license to operate a motor vehicle is guaranteed or assured to any student or
				individual who will take or complete any instruction or course of instruction
				or enroll or otherwise receive instruction in any school.
(6) A driver training school and/or limited
				driver training school that is licensed by the Department may indicate in its
				advertisements that it is "licensed by the State" or "State licensed," however,
				no school may use any advertisement that states or implies any of the
				following:
(a) That the school is approved or
				endorsed by the State or the Department.
(b) The school is certified by the State or
				the Department.
(c) The school is
				recognized by the State or the Department.
(d) The school is anything but inspected and
				licensed by the State.
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-.14 - Responsibility for Employees

Current through Rules and Regulations filed through June 27, 2024
(1) No driver training school or limited
				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.
(a) It shall be the
				duty and responsibility of each driver training school owner, limited driver
				training school owner or secondary school designated representative to ensure
				all instructors associated with their school have met all requirements for
				licensure and have in their possession a valid instructor's license.
(b) It shall be the duty of the driver
				training school owner, limited driver training school owner or secondary school
				designated representative and/or the instructor to ensure that all students who
				attend are on time for all sessions of the course, maintain correct deportment
				while on the premises of the school, and that all student rescheduling for
				missed sessions are completed within six (6) months. If courses are being
				taught via distance learning, this authority may be delegated to a proctor if a
				licensed instructor is not on site at the distance-learning site.
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-.15 - Procedures for Records and Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Every driver training school and/or
				limited driver training school shall maintain, if required, the following
				records which shall be available for inspection by the Department during normal
				business hours. Normal business hours shall be 10:30 a.m. to 5:00 p.m. daily.
				Flexibility in the time may be observed as long as the school is open at least
				six (6) hours per day, at least three (3) hours of which must fall within the
				period of 10:30 a.m. to 5:00 p.m.
(a) A daily
				log of all classroom instruction and on the road hours shall be maintained for
				each student. Such log shall include: observation time, actual driving time,
				student name, instructor name, the license plate of the vehicle used to conduct
				the actual driving instructions. Such log can be maintained
				electronically.
(b) A file
				containing the original or copyof 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 drivers license. A copy
				of the contract must be furnished to the student and the school thereof must
				retain the original or legible copy for a period of three (3) years.
(c) A roster of each class listing the
				school's number, name and address, the instructor's license number and the
				instructor's full name as it appears on the license, the student's name, date
				of birth.
(d) A schedule for all
				classes of instruction, giving the date and time of classes must be maintained
				in the records of the school for a period of three (3) years after the date on
				which the class was completed. The driver training school or limited driver
				training school shall furnish copies of the schedule to the Department on
				request.
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-.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 his/her to the 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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.18 - Driver Training and Limited Driver Training School Insurance and Safety Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Every vehicle used by a driver training
				school for the purpose of driver training must be registered with the
				Department. A Department-issued Vehicle Registration Card (VRC) must be inside
				the vehicle at all times.
(a) Vehicles used
				for actual behind-the-wheel instruction on public roadways or highways shall be
				less than twelve (12) years old and have less than 300,001 miles, whichever
				comes first.
(i) A vehicle whose years of
				service and/or mileage exceed(s) the standards set forth in (a) of paragraph
				(1) of this Chapter may continue to be used for the purpose of driver training
				provided the following criteria are met:
1)
				Said vehicle was previously certified by the Department and has remained
				continuously certified thereafter; and
2) Said vehicle is inspected annually by a
				mechanic certified by Automotive Service Excellence and meets the safety
				criteria established by the Department. The inspection shall be documented on a
				form provided by the Department.
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-.19 - Procedure 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 by 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, principal or designated representative of
				a secondary school (unless such owner or operator, principal or designated
				representative of a secondary school is making application for the instructor's
				license) 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 licensed
				instructor currently employed by a licensed driver training school, that
				accepts employment with another driver training school must submit a notarized
				statement from the secondary driver training school, on a form prescribed by
				the Department, that the secondary driver training school will employ the
				licensed instructor.
(4) The
				Department's approval of secondary employment shall be contingent upon the
				instructor satisfying all of the requirements set forth in 375-8-.02
				-.19.
(5) 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, an executed
				consent for background form, and the 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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.20 - Qualifications of Driver Training Instructors

Current through Rules and Regulations filed through June 27, 2024
(1) Every driver
				training school instructor shall be a person of good moral character, and at
				least 21 years of age.
(2) Every
				driver training school instructor applicant, at time of application, shall
				possess a valid driver's license. Said license must be the same class of
				license for the driver training class being taught.
(a) No driver training school instructor
				applicant will be approved if his or her driver's license has been suspended
				within one year prior to making application for a conviction or combination of
				convictions directly related to the operation of a motor vehicle.
(b) No driver training school instructor
				applicant will be approved if his or her driver's license has been suspended
				two or more times within five 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 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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.23 - Complaints

Current through Rules and Regulations filed through June 27, 2024
(1) All complaints
				by any individual, partnership, group, corporation or association against any
				individual, partnership, group, corporation or association relating to driver
				training schools, limited driver training schools, driver training instructors,
				or these rules and regulations, must be in writing and signed by the
				complainant.
(2) The Department or
				its authorized representative may ask the complainant to sign a sworn statement
				indicating the nature of the complaint and the identity of the
				complainant.
(3) The acceptance or
				the use of any statement by the Department shall not be deemed an
				acknowledgement, admission or charge by the Department of the matters contained
				in the statement.
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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.24 - Contractual Bond Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) No 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) A driver training
				school may submit an individual surety bond in the amount of $2,500.00 or, if
				more than one school shares common ownership, or secondary schools located in
				the same county, submit a surety bond providing coverage in the amount of
				$2,500.00 per location (i.e., for ten schools, a surety bond in the amount of
				$25,000.00). If this option is elected the certificate must clearly demonstrate
				coverage for each school for which coverage is to be provided.
(3) The school shall submit to the Department
				the contract, or specimen thereof, the obligations of which are guaranteed by
				the bond.
(4) The surety on any
				such bond may cancel the bond providing thirty (30) days' written notice to the
				Department.
(5) If at any time said
				surety bond is not valid and in force, the license of the school of program
				shall be deemed suspended by operation of low until a valid surety company bond
				is again in force.
O.C.G.A. Secs.
				  43-13-4,
				  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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.25 - Notices

Current through Rules and Regulations filed through June 27, 2024
Any proposed changes in these rules shall be required to be
				  mailed or otherwise delivered to each driver training school or limited driver
				  training school at least thirty (30) days in advance of the effective date of
				  such proposed rule.
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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.26 - Driver Training School or Limited Driver Training School Fines

Current through Rules and Regulations filed through June 27, 2024
(1) The
				Commissioner of the Department may impose an administrative fine not to exceed
				$1,000 per violation against any driver training school or limited driver
				training school that fails to comply with the rules and regulations of the
				Department.
(a) Violations that are minor in
				nature as determined by the Department shall be punished only by a written
				reprimand unless the person, firm, or corporation fails to remedy the violation
				within thirty (30) days.
(b)
				Failure to remedy violations that are minor in nature within thirty (30) days
				may result in an administrative fine, not to exceed $250.00.
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-.27 - Third Party Tester Program Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Third Party Tester Program - A program
				authorized by Code Section
				40-5-27 of the Official Code of
				Georgia Annotated whereby licensed driver training schools approved by the
				Department of Driver Services may administer an on the road test to students
				who successfully complete any of the approved methods of driver training
				specified in paragraph (1) of subsection (d) of said Code Section.
(2) Approved Road Course - A course approved
				by the Department of Driver Services for the purpose of conducting on the road
				testing by a licensed Driver Training School approved as a Third Party
				Tester.
(3) Cancellation - A Tester
				or Examination's certification is terminated by the Department because of some
				error defect in the certification or because the Tester or Examiner is no
				longer entitled to such certification. The cancellation of certification is
				without prejudice, and application for a new certification may be made at any
				time after such cancellation.
(4)
				Department - Department of Driver Services.
(5) Examiner - Any natural person, not an
				employee of the Department, who is certified by the Department as a Third Party
				Examiner to administer Driver's License testing through a Third Party Tester at
				an approved Driver Training School.
(6) Monitor - An employee of the Department
				who is responsible for conducting random examinations, inspections and audits
				of Third Party Testers and Examiners for compliance with state laws and agency
				rules and regulations. Random examinations may be performed by a Monitor or at
				a Department Customer Service Center.
(7) Revocation - A Tester or Examiner's
				certification 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.
(8) Suspension - A
				Tester or Examination's certification is temporarily withdrawn by formal action
				of the Department, which temporary withdrawal shall be for a period
				specifically designated by the Department.
(9) Tester - Any licensed driver training
				school that has been licensed to conduct driver's license testing through
				approved Third Party Examiners. The Driver Training School must have been
				licensed for a minimum of two (2) years prior to applying as a Third Party
				Tester.
O.C.G.A. §§
											40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-27,
				  40-5-101.
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-.28 - Minimum Requirements for Examiners

Current through Rules and Regulations filed through June 27, 2024
(1) In order to be eligible to conduct third
				party driving skills tests, a driver training instructor must be trained and
				certified to conduct skills testing for issuance of driver's license by the
				Department or its authorized representatives and comply with the following:
(a) Must have a high school diploma or its
				equivalent;
(b) Be a regular
				employee of the driver training school and recommended by the school or
				secondary school designee;
(c)
				Shall not be a convicted felon;
(d)
				Shall not have been convicted of any serious moving violation as defined Title
				40 within three (3) years prior to application;
(e) Shall not have been enrolled or
				participated in a state approved DUI Drug or Alcohol Use Risk Reduction Program
				within ten (10) years prior to making application for certification as a third
				party examiner;
(f) Must be
				qualified as a Motor Vehicle Operator and must have held a valid instructor
				license for minimum of two (2) years prior to application for Third Party
				Examiner;
(g) Must successfully
				complete the Department's prescribed course in driver's license classroom
				instruction and behind the wheel examination;
(h) Must pass all knowledge tests on the
				first day of the training session;
(j) Upon completion of specialized training
				administered by the Department or its authorized representative, the Examiner
				will be issued a certification card qualifying them to examine applicants for
				skills in license classes equal to their training certification; and
(k) Must possess a current and valid
				certification identification card with photograph that shall be evidence of the
				Examiner's certification status.
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-.29 - Minimum Requirements for Testers

Current through Rules and Regulations filed through June 27, 2024
1) Must have held a Driver Training School
				license for a minimum of two (2) years.
(a)
				Must have vehicles registered with the Department for the purpose of conducting
				training and/or testing.
(b) Must
				maintain adequate driver records reflecting the driver history of each
				Examiner.
(c) Must enter into a
				Driver's License Third Party Tester Agreement with the Department.
(d) Agree to have the Third Party Tester
				Program monitored by the Department.
(e) The skills test plan must be approved by
				an authorized member of the Department prior to being used.
(f) Tester applicants shall be issued a
				certification card upon approval from the Department. These certifications
				shall expire four (4) years from the date of issuance, unless suspended,
				revoked, or cancelled, and must be renewed every four (4) years
				thereafter.
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-.30 - Record Requirements for Tester

Current through Rules and Regulations filed through June 27, 2024
(1) Licensed Driver Training Schools
				authorized to conduct on the road skills tests under the Third Party Program
				shall maintain the following records for the Third Party Examiner file:
(a) A copy of each Examiner's current
				certification identification card with photograph.
(b) A copy of Examiner's MVR (current update,
				a minimum of once per year).
(c)
				Examiner and Tester Certifications must be displayed.
(d) Tester must maintain these records for
				the previous two (2) years and for the current year.
(e) Tester must maintain these records on an
				Examiner for at least two (2) years after that Examiner leaves the Tester's
				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 375-5-2 - DRIVER TRAINING SCHOOLS › Rule 375-5-2-.31 - Notification Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Testers approved under the Third Party
				Program must:
(a) Notify the Department in
				writing thirty (30) days prior to any change in the Tester's name and/or
				address.
(b) Notify the Department
				in writing within (2) days of any change in:
(i) The Examiners who are employed by the
				Tester; and
(ii) Any Examiner's
				driving status.
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-.32 - Denial/Suspension/Revocation/Cancellation of Third Party Testing Program Certification

Current through Rules and Regulations filed through June 27, 2024
(1) The Department may deny any application
				for a Tester or Examiner's certification or cancel certification if the
				applicant does not qualify for certification under these rules. Misstatements
				or misrepresentations in the application may be grounds for
				cancellation.
(2) Any Tester or
				Examiner may relinquish a certification upon thirty (30) days written notice to
				the Department. All forms, manuals, or supplies that the Department has
				furnished, including certification and certification identification cards of
				Examiners shall be surrendered.
(3)
				The Department may cancel the Third Party Testing Program provided for in these
				requirements in its entirety.
(4)
				The Department may suspend or revoke a Tester or Examiner's certification upon
				any of the following grounds:
(a) Failure to
				comply with or satisfy any of the provisions of these requirements, the
				Department's instructions or the Third Party Tester agreement.
(b) Falsification of any records or
				information relating to the Third Party Testing Program.
(c) Commission of any act which compromises
				the integrity of the Third Party Program.
(d) Failure to fully cooperate with the
				Monitor, including providing the Monitor access to:
(i) All Third Party Tester Program documents
				and records;
(ii) Any facility
				where testing is performed; or
(e) For the Examiner: driver's license
				suspension, revocation, recall, or disqualifications.
(f) If applicable, failure to maintain a copy
				of the student's OCRA issued thirty (30) hour classroom or online driver
				training certificate of completion in the student's student file.
(g) Administering a skills test to a student
				who did not complete the six (6) hour behind-the-wheel portion of driver
				training at the Tester's Driver Training school.
(h) If the Department determines that grounds
				for cancellation of certification exists for failure to comply with or satisfy
				any of these requirements or the Third Party Tester Agreement, the Department
				may postpone action and allow the Tester or Examiner thirty (30) days to
				correct the deficiency.
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-.33

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											40-5-27.
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-.34

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											40-5-27.
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-.35 - 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.G.A. Sec.
				  40-5-27.
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-.36 - 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-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Commercial Driver Training Program 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,
				  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-.03 - Commercial Driver Training School License

Current through Rules and Regulations filed through June 27, 2024
(1) Procedures for Commercial Driver Training
				School License
(a) Before any original
				license may be issued to any person for a commercial driver training school to
				operate in the State of Georgia, an application shall be made in writing to the
				Department, on a form prepared and furnished by the Department. The application
				shall include the following minimum information:
(i) The title or name of the school together
				with complete ownership and names and addresses of directors, officers and
				controlling stockholders therein.
(ii) The specific curriculum of instruction,
				submitted to the Department for approval shall include the number of hours for
				classroom, range and on the road training. On the road training shall be
				defined as actual individual behind the wheel training on the streets and
				highways within Georgia.
(iii) The
				place or places where such instruction will be given.
(iv) A statement that the owners of the
				commercial driver training school are twenty-one (21) years of age or
				over.
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-.04

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											43-13-4,
				  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-.05

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											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-.06

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											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-.07

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											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-.08 - Changes of Officers or Address

Current through Rules and Regulations filed through June 27, 2024
(1) The Department must be notified in
				writing within ten (10) days of any change of address of the owner, partner,
				and officer, of any commercial driver training school.
(2) The Department must be notified in
				writing within ten (10) days of any change of officers, directors or
				controlling stockholders of any corporation or association holding a license.
				In such case each new officer, director, or controlling stockholder must
				provide to the Department the same information as required for an original
				license application.
(3) Failure to
				notify the Department of such changes shall be grounds for immediate suspension
				or revocation of the school license or the imposition of a civil
				penalty.
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-.09

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											43-13-6,
				  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-.10 - Location of Commercial Driver Training School

Current through Rules and Regulations filed through June 27, 2024
(1) A branch office of any commercial driver
				training school shall be licensed in the same manner and subject to the same
				qualifications as the principal office of the school.
(a) The fee for a license for a branch office
				shall be the same as required for any original application.
(b) Any location containing a classroom
				separate from the licensed facility shall be considered a separate branch
				office.
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-.12 - Name of School

Current through Rules and Regulations filed through June 27, 2024
(1) No commercial driver training school will
				be permitted to use, adopt, or conduct any business under any name that is
				like, or deceptively similar to any name used by any other commercial driver
				training school without the prior approval of the Department.
(2) A commercial driver training school shall
				not use the word "State" in any part of the school name.
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-.13 - Advertising

Current through Rules and Regulations filed through June 27, 2024
(1) No commercial
				driver training school shall advertise in any manner until such time as the
				school is properly licensed by the Department.
(2) No commercial driver training school may
				advertise a commercial driver training school or the business of giving
				instructions for hire in the driving of motor vehicles or the business of
				preparing an applicant for a driver's license of any kind unless licensed by
				the Department as a commercial driver training school.
(3) No commercial driver training school
				licensed by the department or commercial driver training instructor may
				advertise or represent themselves to be an agent or employee of the Department,
				nor shall any individual, partnership, association, or corporation purchase,
				use, allow the use of any advertisement, which would reasonably have the effect
				of leading the public to believe that they are or were an employee or
				representative of the Department.
(4) Each commercial driver training school
				shall use only its licensed name for advertising and advertisements, and no
				commercial driver training school may use less than its full name or another
				name in any advertisement.
(5) No
				commercial driver training school or commercial driver training instructor
				shall, by any advertisement or otherwise, state or imply directly or indirectly
				that any license to operate a commercial motor vehicle is guaranteed or assured
				to any student or individual who will take or complete any instruction or
				course of instruction or enroll or otherwise receive instruction in any
				commercial driver training school.
(6) A commercial driver training school that
				is licensed by the Department may indicate in its advertisements that it is
				"licensed by the State" or "State licensed," however, no commercial driver
				training school may use any advertisement that states or implies any of the
				following:
(a) The school is approved or
				endorsed by the State or the Department.
(b) The school is certified by the State or
				the Department.
(c) The school is
				recognized by the State or the Department.
(d) The school is anything but inspected and
				licensed by the State.