Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 039 - OPERATION OF DRIVER TRAINING SCHOOLS AND INSTRUCTORS GIVING DRIVER TRAINING INSTRUCTIONS FOR HIRE › Section 14 050 039 - OPERATION OF DRIVER TRAINING SCHOOLS AND INSTRUCTORS GIVING DRIVER TRAINING INSTRUCTIONS FOR HIRE

Current through June, 2024
11 Operation of Driver Training Schools and
			 Instructors Giving Driver Training Instructions for Hire
(a) Each school must have at least one
			 licensed driver training instructor. The driver training instructor must, in
			 addition to the driver training instructor license, hold a valid drivers
			 license or CDL with the appropriate class and endorsement/s applicable for the
			 type of instruction being given.
(b) Driver Training School licenses are not
			 transferable. In the event of any change of ownership or interest in business,
			 an application for a new license must be filed. The Commissioner of Motor
			 Vehicles shall be notified immediately in the event the school is sold or
			 ceases operation and the existing license returned to the Department of Motor
			 Vehicles, Montpelier, Vermont.
(c)
			 The Commissioner of Motor Vehicles must be notified of any change of address
			 within thirty days. No Driver Training School may change the location of its
			 facilities without prior approval from the Department of Motor
			 Vehicles.
(d) The Commissioner of
			 Motor Vehicles must be notified in writing of any change in partners, or any
			 change in officers or directors of any corporation holding a license. In such
			 case each new partner of a partnership or each new officer or director of a
			 corporation must supply the same information as required on an original
			 application of the partnership or corporation.
(e) Each licensee shall maintain the
			 following records setting forth the name, date of
birth, license or
			 learner permit number, start and finish dates of instruction, total fees
			 collected
from each student and student's certificate number if
			 applicable; instruction license number of the instructor who provided the
			 instruction, and the number of hours and category of instruction provided. Such
			 records shall be open to inspection by any properly identified employee of the
			 Department of Motor Vehicles during reasonable business hours, but shall be for
			 the confidential use of the Department of Motor Vehicles.
(f) The loss, mutilation, or destruction of
			 any records which a driver training school is required to maintain as outlined
			 in paragraph "e" above, must be reported to the Commissioner of Motor Vehicles
			 immediately stating the date and circumstances involving such loss,
			 destruction, or mutilation.
(g) Any
			 records required under these rules shall at all times be up-to-date and must be
			 retained for the period which includes the present and immediate prior license
			 period.
(h) Each person granted a
			 Driver Training School license shall display the same conspicuously on the
			 school premises.
(i) A licensee
			 shall not publish, advertise, or intimate that an operator's license is
			 guaranteed or assured.
(j)
			 Advertisements and promotional literature shall be devoid of false, misleading
			 or exaggerated information or impressions. Advertisements shall contain the
			 name, business address and telephone number of the school. No school shall use
			 the term "accredited" or any of its synonyms unless it also indicates the
			 agency or organization granting such accreditation. Driver Training Schools may
			 use the words, "licensed by the Department of Motor Vehicles". Other wording
			 which suggests compliance with state rules or statutes, or the word "approved"
			 or any of its synonyms shall not be used.
(k) During instruction no one shall occupy
			 the front seat of the motor vehicle except the instructor and the student
			 operating the vehicle. No child under the age of fifteen shall be permitted to
			 be in the vehicle while driving instructions are being given.
(l) An applicant for an instructor's license
			 will be required to submit to such physical, written, and road tests, or to
			 furnish such other proof of his/her qualifications as an instructor as the
			 Commissioner of Motor Vehicles may require.
(m) An applicant for an instructor's license
			 must be at least twenty-one years of age on date of application.
(n) Driver Training Schools must provide
			 proof of zoning compliance or a signed statement from a municipal government
			 agency upon application for initial licensure.
(o) Each driver training school shall provide
			 a classroom facility which:
1. is free of
			 distracting influences and is used exclusively for driver education instruction
			 during the instructional period;
2.
			 provides classroom space with a minimum of 30 square feet per student and an
			 area of at least 180 square feet of useable space;
3. has adequate heat, light, ventilation,
			 sanitary facilities and is in compliance with local fire and building
			 codes;
4. has available
			 supplemental teaching aids and audiovisual equipment necessary for effective
			 classroom presentations.
(p) The training range area for commercial
			 motor vehicle training must encompass an area of a minimum of 20,000 square
			 feet suitable for commercial motor vehicle training and must be posted or
			 barricaded so as to prevent other vehicular traffic from entering the area. The
			 configuration of the training range area must be approved by the commissioner
			 of motor vehicles.
(q) Each driver
			 training school shall provide vehicles which;
1. meet the mechanical condition requirements
			 of the Vermont Periodic Inspection Manual and, when applicable, Federal Motor
			 Carrier Safety Regulations. Vehicles are subject to inspection by DMV personnel
			 at any time during normal business hours;
2. are properly registered, inspected and
			 insured;
3. are equipped with a
			 dual-control brake system, except school buses and those commercial vehicles
			 which are used solely for range training;
4. are equipped with instructor's inside
			 mirror/s which provides the instructor unobstructed vision to the rear of the
			 vehicle and which enables the instructor to observe eye movements of the
			 student driver, except commercial vehicles which shall be equipped with outside
			 mirrors which afford the instructor enhanced vision to the sides and rear of
			 the vehicle;
5. are marked with
			 sign/s identifying it as a driver training vehicle and which are visible for a
			 distance of at least 100 feet. Passenger cars shall be marked on the rear of
			 the vehicle, commercial vehicles shall be marked on both the front and rear of
			 the vehicle.
(r). Driver
			 Training Schools shall meet the following:
1.
			 All course offerings and curriculums must be approved by the commissioner of
			 motor vehicles;
2. Driver training
			 administered in accordance with
			 23 V.S.A. §
												607 may mirror the standards which are
			 recommended or mandated by the Department of Education;
3. The training of commercial drivers shall
			 follow a curriculum which is approved by the commissioner of motor vehicles,
			 and which is consistent with national commercial vehicle training standards,
			 recommendations and guidance;
4.
			 All classroom, behind-the-wheel and range training must be conducted with a
			 licensed driver training instructor present;
5. Classroom training shall be conducted for
			 groups not in excess of 30 students;
6. Classroom and behind the wheel training
			 shall be conducted concurrently, except with specific approval of the
			 commissioner of motor vehicles.
(s) Qualified persons who are contracted or
			 employed as guest speakers or instructors, or those who provide specialized
			 components of instruction only, are exempted from the general requirements
			 pertaining to licensing of instructors. The use of these types of instructors
			 or guest speakers must be approved by the commissioner of motor
			 vehicles.
(t) Instructors shall not
			 use the Department of Motor Vehicles - designated road test routes as the basis
			 for behind-the-wheel training.
(u)
			 Driver Training Schools shall be open to inspection and evaluation by
			 authorized DMV personnel during reasonable business hours. Such inspection and
			 evaluation may require that DMV personnel be present at actual classroom, range
			 and on-the-road training sessions.