Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-143 - Commercial Driving Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Definitions. As used in this Chapter, the following terms have the meanings
				  described below.
30-Hour Classroom Course
- a program which
					 shall consist of a course of not less than 30 hours of classroom instruction
					 required of first-time drivers license applicants age 15 through 17 excluding
					 lunch breaks. This course shall be conducted utilizing the curriculum contained
					 in this Subchapter.
Adult
- a person 18 years of age or
					 older.
Background Check
- a secure and reliable
					 way to initiate a criminal check on potential owners, instructors, employees
					 and other types of applicants.
Behind-the-Wheel Instruction
- a course
					 which shall consist of a minimum of eight hours of instruction with a student
					 as the operator of a dual-controlled motor vehicle. The course is also referred
					 to as BTW.
Classroom Instruction
- a driver education
					 course that is administered in a classroom environment that enables a student
					 to learn through various instructional methods, under the direct guidance of a
					 properly licensed driver education instructor.
Commissioner
- the assistant secretary of
					 the Department of Public Safety and Corrections, Public Safety Services, Office
					 of Motor Vehicles.
DPS
- the Louisiana Department of Public
					 Safety and Corrections, Public Safety Services, acting directly or through its
					 duly authorized officers and representatives.
Driver Education Certificate of
					 Completion
- proof of completion of any portion of the driver education
					 course or the pre-licensing course required by law. The course is administered
					 by a certified and approved driving school in the form designated by the
					 DPS.
Driver Education Course
- a formal class or
					 program that prepares a new driver to obtain a learners permit or drivers
					 license. The course of study may be administered in a classroom, in a vehicle,
					 online or a combination thereof Individuals are instructed on the techniques of
					 driving a vehicle, safety precautions and traffic regulations and laws.
Driver Educational Instructional Document
-
					 a document issued by the driving school on a form approved and provided by DPS.
					 Driving instruction details, behind- the-wheel assessment and other information
					 will be documented on this form.
Driving School
- an entity licensed by DPS
					 that offers instruction for the purpose of educating and training an
					 individual, by offering a 38-hour driving course or a 14-hour pre-licensing
					 course, or both.
Eight
-
Hour behind the Wheel Course
					 Assessment
-a program which shall consist of a minimum of eight hours
					 of instruction with the student as the operator of a dual-controlled motor
					 vehicle. If under the age of 18, the student's parent or guardian may sign,
					 authorizing the instruction. A test is conducted or given at the end of the
					 eight hour driver education course to determine a students driving
					 ability.
Fees
- the monetary amount for a school
					 license, tester license or instructor license. All fees shall be submitted in
					 the form of a money order, certified check or secondary school system
					 checks.
Instructor
- a person who is licensed to
					 provide the driver education curriculum through classroom or behind-the-wheel
					 instruction.
Instructor License
- a license issued by
					 DPS that authorizes the holder of the license to provide instruction in driver
					 education courses.
Knowledge Test
- final test for the driver
					 education and pre-licensing classroom courses. This test is provided to the
					 driving school by the Office of Motor Vehicles.
Letter of Warning
- identification of a
					 violation. The letter will provide that the violation must be corrected and may
					 provide directions and a timeframe of the plans for the suggested
					 corrections.
Major Offense
- an infraction of major
					 regulations and policies outlined within this Chapter, which may include but
					 not be limited to, driving schools not adhering to all applicable federal and
					 state laws or engaging in any form of unlawful discrimination or other
					 activities. The commissioner maintains discretion to determine any violations
					 which will amount to a major offense and any monetary penalty to be
					 assessed.
Minor
- a person under the age of
					 18.
Minor Offense
- an infraction of minor
					 regulations and policies outlined within this Chapter, which may include but
					 not be limited to, failure to notify students of grievance procedures,
					 accompanying students to OMV with the purpose of assisting the student in
					 completion of the drivers license exam, failure to display the driving school
					 license at the place of business, failure to maintain lesson plans and
					 schedules for the driving school. The commissioner maintains discretion to
					 determine any violations which will amount to a minor offense and any monetary
					 penalty to be assessed.
Motor Vehicle
- automobiles, trucks,
					 truck-tractors, trailers and semi-trailers and motorcycles, propelled by steam,
					 gasoline, electricity, or any other source of energy other than muscular power,
					 except farm implements temporarily operated or moved on a roadway or vehicles
					 operated only on rails or tracks constructed therefor.
OMV
- any reference herein to OMV shall be
					 construed as referring to the Office of Motor Vehicles, Training and
					 Certification Unit, PO. Box 64886, Baton Rouge, LA 70896.
Operator
- every person who is in actual
					 physical control of a motor vehicle upon a roadway.
Owner
- a person or provider who has the
					 principle responsibility for a driver education program.
Penalty
- monetary assessment for violation
					 of prohibited activities and procedures outlined in this Chapter. Fine amounts
					 will be based on the nature of the offense, the number of previous offenses,
					 the number of rules violated and the number of times the violations occurred
					 and will be determined by the commissioner. Any penalty assessed shall be
					 between $100 and $1,500 per violation.
Person
- every natural person, firm,
					 co-partnership, association or corporation.
Pre-Licensing Course
- a program which
					 shall consist of six hours of classroom instruction and an eight hour
					 behind-the-wheel course required of first-time drivers license applicants 18
					 years of age or above, if a 30-hour classroom course is not completed.
Revocation
- termination of license to
					 operate a driving school or to instruct at a driving school as provided in
					 these rules and regulations.
Road Skills Test
- a driving test that
					 demonstrates the applicants ability to safely operate and maneuver a vehicle in
					 traffic.
School License
- a license issued by DPS
					 authorizing the holder of the license to provide driver education
					 courses.
Secretary
- the deputy secretary of the
					 Department of Public Safety and Corrections, Public Safety Services, or his
					 appointed designee.
Street
or
Roadway
- the
					 entire width between the boundary lines of every publicly maintained
					 thoroughfare when any part thereof is open to the use of the public for
					 purposes of vehicular travel.
Student
- a person who is enrolled or
					 seeking enrollment in a driver education course or a pre-licensing
					 course.
Supervision
- the action or process of
					 watching or directing what someone does or how something is done, or
					 both.
Suspension
- the temporary withdrawal of a
					 school or instructors license for violations of the laws and rules pertaining
					 to drivers education, or both.
Teaching Certificate
- a certificate issued
					 by the Louisiana Department of Education indicating the holder is qualified to
					 teach in the secondary schools of this state.
Temporary Instructional Permit
-a Class "E"
					 temporary instructional permit (TIP) obtained from OMV prior to the
					 administration of the knowledge test to the student, operating a motor vehicle
					 during on-road skills instruction or to be administered a road skills
					 test.
Third-Party Examiner
- an individual who
					 has been licensed to administer road skills test through a third-party
					 tester
Third-Party Tester
- for purposes of this
					 Chapter, a driving school with which DPS has perfected a contract with to
					 administer knowledge and road skills tests required by Louisiana law for
					 drivers license issuance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:402.1(A)(1) and
					 R.S.
					 40:1461.