North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter J - RULES AND REGULATIONS GOVERNING THE LICENSING OF COMMERCIAL TRUCK DRIVER TRAINING SCHOOLS AND INSTRUCTORS › Section .0100 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 03J .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Subchapter, the following
					 definitions shall apply:
(1) "Actively
				  Enrolled" means any student who is neither a graduate nor has failed to
				  complete his or her course.
(2)
				  "Base Period" means a six-month period from January 1 through June 30 or from
				  July 1 through December 31.
(3)
				  "Constructive Notice" means a student's notice of intention to withdraw from a
				  course by failing to attend residence instructional facilities for a period of
				  three consecutive days on which that class meets.
(4) "Cooling off Period" means five days from
				  the time the student is given or mailed a signed copy of his completed
				  contract.
(5) "Enrollment contract"
				  means any agreement or instrument, however named, which creates or evidences an
				  obligation binding a student to purchase a course from a school.
(6) "Fail to Complete" means any student who
				  does not fully complete the required 160 hours of the lessons or classes
				  required by the Division as constituting the full course of study and who
				  cancels by any of the methods prescribed.
(7) "Field Training" means off-road training
				  in and around the truck. Refer to Rule .0306(2)(b), (c), (e), and (i) of
				  Section .0300.
(8) "Foreign
				  Commercial Driver Training School" means an enterprise located outside North
				  Carolina which solicits, advertises, or offers commercial motor vehicle driver
				  training to residents of North Carolina.
(9) "General Job or Earnings Claim" means any
				  express claim or representation concerning the general conditions or employment
				  demand in any employment market now or at any time in the future or the amount
				  of salary or earnings generally available to persons employed in any
				  occupation.
(10) "Graduate" means
				  any student who fully completes the required 160 hours of the lessons or
				  classes required by the Division and discharges any other requirements or
				  obligations established by the school as prerequisites for completing the full
				  course of study.
(11) "Job or
				  Earnings Claim" means any general or specific job or earnings claim.
(12) "Media Advertisement" means any
				  advertisement disseminated to the public by means of print or broadcast media,
				  including newspapers, magazines, radio, television, posters, or any other
				  means. It does not include promotional materials that are available from a
				  school or distributed by its sales representatives.
(13) "Most Recent Base Period" means the
				  latest base period.
(14) "New
				  Course" means any course which has a substantially different course content and
				  occupational objective from any course previously offered by the school and
				  which has been offered for a period of time less than six months.
(15) "Prospective Student" means any person
				  who seeks to enroll in a course.
(16) "Recruiter/Salesman" means any person
				  who is employed by a commercial truck driver training school, directly or
				  indirectly, to recruit students for a school. This definition includes persons
				  who are employed by another person who is a direct employee or broker for a
				  school.
(17) "Refresher Course"
				  means a minimum 80-hour course which offers classroom and behind the wheel
				  instruction for drivers who have previously held a CDL, Class A, or Chauffeurs
				  License.
(18) "Seminar" means a
				  course of 40 hours or less offering educational materials and classroom
				  instruction only in order to prepare a student for an examination given by the
				  State for a driver's license.
(19)
				  "Specific Job or Earnings Claim" means any express claim or representation
				  concerning the employment opportunities available to students or the demand for
				  students who purchase the school's course, or the amount of salary or earnings
				  available to students who purchase the school's course.
(20) "Student" means any person who has
				  signed an enrollment contract with a school and not canceled that contract
				  before the cooling-off-period, specified in this Rule, has ended.
(21) "Total Contract Price" means the total
				  price for the enrollment contract, including charges for registration,
				  ancillary services, and any finance charges.
Authority
					 G.S.
					 20-320;
					 20-321;
Eff. May 1,
					 1987;
Amended Eff. August 1, 2002; August 1, 1998; January 1, 1994;
					 February 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.