New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 76 - Drivers' Schools › Advertising › Section 76.21 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
Advertising by drivers' schools must conform to the
						following:
(a) Schools must not
					 publish, advertise or intimate that a driver's license is guaranteed or
					 assured. The display of signs such as "License or Plates Secured Here" is
					 forbidden, but the words
License Plates Secured
or
License Renewals Secured
may be used, if the intent to operate
					 a private service bureau has been filed with the proper drivers' school unit in
					 the central office of the Department of Motor Vehicles, Albany, New
					 York.
(b) Every advertisement of a
					 drivers' school shall show the name and address of the school. The provision in
					 relation to the address of the school shall not be applicable to a sign
					 displayed on the premises of the drivers' school or on a school car or to radio
					 advertising.
(c) A drivers' school
					 may exhibit on its premises or through other advertising media, the wording
THIS SCHOOL IS LICENSED BY THE STATE OF NEW YORK.
The
					 lettering of such wording shall not be more than one third the size of the
					 lettering of the name of the school as displayed on the sign or
					 advertisement.
(d) The use of the
					 word
STATE
in any sign or other medium of advertising, except
					 as permitted by subdivisions (c) and (k) of this section, is not
					 allowed.
(e) No drivers' school
					 shall solicit business or cause business to be solicited in its behalf, or
					 display or distribute any advertising material within a building owned or
					 leased by the State or county in which motor vehicle registrations or licenses
					 to drive motor vehicles are issued to the public, or within 1,500 feet of the
					 entrance to such a building, or within any designated road test area. If,
					 however, any such display by a sign not immediately removable shall be in
					 existence at a time when any office of the State or county for the issuance of
					 motor vehicle registrations or licenses shall be opened within 1,500 feet
					 thereof or shall be within a road test area subsequently established, a
					 reasonable time, considering any lease or rental provisions and other
					 circumstances relating thereto will be provided by the commissioner for the
					 removal thereof. Notwithstanding the foregoing, a motor vehicle may display the
					 sign or signs required by and described in section
					 76.11(d)(4) 
					 of this Part and section
					 2.2(c) 
					 of this Title.
(f) Notwithstanding
					 the provisions of subdivision (e) of this section, advertising on school cars
					 is permitted provided it conforms to the other provisions of this
					 Part.
(g) No individual,
					 partnership, association or corporation licensed as a drivers' school or as a
					 driving instructor may use or allow the use of any advertisement which would
					 reasonably have the effect of leading people to believe that they are an agent,
					 representative or employee of the Department of Motor Vehicles.
(h) No drivers' school may make any false or
					 misleading claims or statements in any of its advertising.
(i) In addition to any other sign or signs
					 required by this Part, a drivers' school must display conspicuously a schedule
					 of fees as filed with the commissioner and a sign reading "Applicant must be
					 given a receipt for all payments." All information required to be posted by
					 sign may be incorporated on one sign.
(j) Except as provided in subdivision (k) of
					 this section, no drivers' school may use any language stating or tending to
					 imply in any manner that it provides driver education as such term is used and
					 applied in reference to the special qualification for earlier licensing upon
					 successful completion of approved courses in secondary schools or colleges in
					 accordance with the requirements of the Education Department and Department of
					 Motor Vehicles.
(k) The simple
					 reference by a drivers' school to its membership in or affiliation with a bona
					 fide organization whose legal name contains the words
STATE
or
DRIVER EDUCATION
shall not be considered violative of the
					 provisions of subdivision (d) or (j) of this section; provided that the
					 affiliation of such school with such organization, using the legal organization
					 name or the official emblem of such organization, may be referred to in its
					 advertising only if the lettering of the name of the organization is smaller
					 than that of the name of the drivers' school.
(l) Any advertisement showing the cost of
					 driving lessons must also contain the duration of each lesson and the number of
					 lessons in characters as large as the cost of each lesson.
(m) Any listing and any display advertising
					 must contain the name of the drivers' school exactly as it appears on the
					 license issued by the commissioner. In any display advertising, the name of the
					 drivers' school must be in type of no less than one half the size as used in
					 the letters of the largest word in such display advertising. Moreover, any
					 symbol, emblem or other trademark cannot contain initials if those initials
					 would imply affiliation with another entity unless it states "affiliated with"
					 or similar wording.
(n) The display
					 advertising may contain a description of the services offered but may not
					 contain any unsubstantiated data or claims. Drivers' schools who advertise
					 explicitly or imply that they have more than one office or branch must in fact
					 have such other office or offices or branch or branches. If the department so
					 requests, a drivers' school must substantiate any claims of affiliation,
					 special services, experience or implied promises of particular
					 instructors.
(o) The drivers'
					 school is hereby declared to be responsible for any advertising of it by its
					 affiliate or affiliates.
(p) If
					 drivers' school services are offered in association with any other entity
					 (
e.g.,
retail store, automobile or motor club, religious or
					 fraternal organization, etc.), the name of the drivers' school must appear in
					 type of at least the same size as that used in the name of the associated
					 entity. In addition, the advertisement must contain the words "in association
					 with" or "affiliated with" or similar wording in order to distinguish between
					 the two entities.
(q) No drivers'
					 school may advertise with a name or endorsement which states or implies that
					 the school is, or is affiliated with, or is a division of, or is approved by, a
					 religious or fraternal organization, an automobile or motor club, a nonprofit
					 foundation or any similar body, group, firm or organization, unless it is
					 established that such endorsing or affiliated entity is indeed established and
					 in existence mainly and primarily for the purpose of serving some function
					 other than the endorsement of a driving school, or other than to provide
					 driving instruction unless it is licensed by the Department of Motor Vehicles
					 as a drivers' school. The drivers' school must also show that such entity
					 derives its primary source of revenue from sources other than drivers' school
					 endorsements, or from sources other than driving instruction unless licensed as
					 a drivers' school by the department.