Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 20 - DEPARTMENT OF MOTOR VEHICLES › Chapter 121 - VIRGINIA DRIVER TRAINING SCHOOLS REGULATIONS › Part I - General Provisions › Section 24VAC20-121-30 - Business practices

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  school shall not use any name other than that shown on its school license.
				  Schools using the same or similar name of another current or former school or
				  similar business, or using names considered to be offensive in nature, as
				  determined by the department, shall not be licensed by the
				  department.
B. A school that
				  utilizes "Department of Motor Vehicles" or "DMV" in any form of advertising
				  including, but not limited to, telephone directories and websites shall use
				  only the words "Licensed by the Department of Motor Vehicles (DMV) of the
				  Commonwealth of Virginia." A school shall not refer to any other state agency
				  or board in any documentation or advertisement. Schools with web sites shall
				  notify the department of their web addresses when applying for or renewing
				  their license or when the site becomes operational, whichever is
				  sooner.
C. A school shall not use
				  false, deceptive or misleading information in any advertisement or provide this
				  type of information to prospective students.
D. A school, instructor, owner or any other
				  person employed by or otherwise associated with a school shall not:
1. Assert or imply that it will guarantee
				  that any student will pass the state driver's license examination;
2. Assert or imply that the student can
				  secure a driver's license;
3.
				  Assert or imply that the student will be guaranteed employment upon completion
				  of any course of instruction;
4.
				  Transact or solicit driver training school business on property owned, leased
				  or maintained by the department;
5.
				  Provide translation services for any individual who is taking the department's
				  driver's license knowledge examination;
6. Falsify forms, certificates or other
				  documents for use by students or other individuals in order to obtain a
				  driver's license;
7. Possess, use,
				  provide, sell or give the department's driver licensing test questions to
				  students or other individuals;
8.
				  Assist or facilitate the creation of false identification documents of any kind
				  or false residency certification for any individual;
9. Provide instruction at a site not formally
				  approved by the department;
10.
				  Contract or subcontract, without written approval of the parents or legal
				  guardians, with other driver training schools or driver training organizations
				  to provide classroom or in-vehicle instruction for students under 18 years of
				  age who are not married or emancipated;
11. Have, use, keep or be under the influence
				  of alcohol, illegal drugs or substances, or otherwise legal drugs or substances
				  that would affect a person's ability to drive or provide or receive instruction
				  while such person is on the premises of or in vehicles used by the school;
				  or
12. Conduct themselves in a
				  manner not suitable or compatible with school-related activities. Such
				  prohibited conduct includes, but is not limited to:
a. Touching in a manner that would be
				  considered inappropriate by a reasonable person;
b. Telling jokes or making statements or
				  comments that a reasonable person would consider (i) to be hateful or demeaning
				  to a particular race or ethnicity, or (ii) to have sexual or otherwise vulgar
				  content or connotation;
c.
				  Displaying objects or materials that a reasonable person would consider
				  unpleasant, distasteful, nasty, disgusting, hateful or otherwise
				  unsuitable;
d. Berating or
				  otherwise harassing students or other persons;
e. Running errands;
f. Except for emergency situations, using
				  telecommunications or any other audio or video equipment during periods of
				  in-vehicle or classroom instruction that are not part of the course of
				  instruction. If an emergency situation occurs during in-vehicle instruction,
				  such use should, whenever possible, be made once the vehicle is safely off the
				  road and stopped;
g. Eating during
				  periods of instruction;
h. Use of
				  tobacco products during periods of instruction;
i. Creating a training environment considered
				  hostile or otherwise intimidating to a reasonable person; or
j. Allowing any student to engage in such
				  prohibited conduct outlined above.