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Subject 375-5-3 COMMERCIAL DRIVER TRAINING SCHOOLS

Rule 375-5-3-.01 Organization

The Commercial Driver Training Program shall be administered by the Director of the Regulatory Compliance Division of the Department of Driver Services, and such additional staff as the Commissioner deems necessary.

Rule 375-5-3-.02 Definitions

The following words and phrases, whenever used in this Chapter, shall have the meaning as in this section ascribed to them unless where used in the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are part.

(a) "Commercial Motor Vehicle Training School" means any person, partnership, limited liability company, corporation, association, or other legal entity engaged in giving driving instruction to ten (10) or more persons per calendar year for the purpose of meeting requirements for CDL licensed driving of motor vehicles in the State of Georgia, except an accredited elementary school, junior college or college conducting a driver training course and driver improvement schools operated by this state, a county or a municipality thereof.
(b) "Person" means every natural person, firm, partnership, limited liability company, corporation, association or school.
(c) "Driver License Examiner" means any person appointed by the Department for the purpose of administering driver license examinations.
(d) "Instructor" shall mean any person, whether employed by a commercial driver training school or operating in his or her own behalf, or whether acting on behalf of any school located within or outside the State of Georgia, who gives driving instructions for the purpose of meeting requirements for licensed driving of motor vehicles in the State of Georgia at a driver training school.
(e) "Suspension" means the privilege to operate a commercial driver training school or to instruct (as provided in these regulations) is temporarily withdrawn by formal action of the department, which temporary withdrawal shall be for a period specifically designated by the Department.
(f) "Revocation" means the privilege to operate a commercial driver training school or to instruct (as provided in these regulations) is terminated by formal action of the Department, which privilege shall not be subject to renewal or restoration, except that an application for a new license may be presented to and acted upon by the Department after the expiration of the applicable period of time prescribed by the Department. A revocation may be for a period of one (1) year or indefinitely.
(g) "Cancellation" means a license previously issued to or presently held by a person, firm, partnership, corporation, association, or school is terminated by the Department because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.
(h) "Applicant" means the owner of a sole proprietorship, the partners in a firm, partnership or association or the controlling stockholders of a corporation, or the principal of a secondary school.
(i) "Controlling Stockholders" mean all stockholders of any corporation, public or private, owning more than ten percent (10%) of the outstanding shares in such corporation.
(j) "Passenger type vehicle" means any vehicle that requires a Commercial driver's license and is defined as a bus.
(k) "Non-Passenger type vehicle" means any vehicle that requires a class A, B, or C commercial driver's license.

Rule 375-5-3-.03 Commercial Driver Training School License

(1) Procedures for Commercial Driver Training School License
(a) Before any original license may be issued to any person for a commercial driver training school to operate in the State of Georgia, an application shall be made in writing to the Department, on a form prepared and furnished by the Department. The application shall include the following minimum information:
(i) The title or name of the school together with complete ownership and names and addresses of directors, officers and controlling stockholders therein.
(ii) The specific curriculum of instruction, submitted to the Department for approval shall include the number of hours for classroom, range and on the road training. On the road training shall be defined as actual individual behind the wheel training on the streets and highways within Georgia.
(iii) The place or places where such instruction will be given.
(iv) A statement that the owners of the commercial driver training school are twenty-one (21) years of age or over.
(b) The applicant must submit a certified copy from the clerk of the appropriate Superior Court evidencing the registration of a business or trade name if the business is to be conducted under such a trade name in lieu of the name of the corporation, person, partnership, or other entity, which owns such driver training school.
(c) The application by the owner, partners, officers or controlling stockholders of any commercial driver training school shall be accompanied by one (1) 2 X 2 photograph of the applicant. The photograph shall be taken within thirty (30) days of the date of filing the application. The photograph must show a full view of the face, neck, shoulders and uncovered head.
(d) The applicant must submit a notarized certification of the adopted business name if such business is to be conducted under an adopted business name. The application shall list the complete corporate name and any trade name to be used.
(e) The applicant must submit to the Department, in addition to all other requirements, the following:
(i) Samples of any and all contracts to be used by the school.
(ii) Sample copies of all forms to be used by the school that will be furnished or delivered to its students.
(iii) Sample copies of all forms or receipts to be used by the school.
(iv) A list designating the full names and addresses of all instructors of the school.
(f) The application by the owner, partners, officers or controlling stockholders of any commercial driver training school shall be accompanied by two (2) sets of fingerprints of each digit of the right and left hands, an affidavit from a state, county, or city officer qualified to make such fingerprints that the fingerprints are those of the applicants, and a processing fee for the actual cost of processing for each set fingerprint cards.
(2) License Fees

Every application for a commercial driver training school license must be accompanied by a fee of $25.00 by money order, certified or cashier's check payable to the Department and attached to the application form. Such fee shall be non-refundable.

(3) Display of License
(a) The license must be clearly displayed in a conspicuous location at all times where it can be viewed by the public in the principal place of business of the school.
(b) If either the license or vehicle registration card issued pursuant to this Chapter is lost, mutilated, or destroyed, a duplicate will be issued by the Department upon receipt of an affidavit showing the following:
(i) The date the license or card was lost, mutilated or destroyed.
(ii) The circumstances of the loss, mutilation, or destruction.
(c) The fee for a duplicate license or card shall be the same as the fee for renewal of the license or card.
(4) Nontransferability
(a) Any license for a commercial driver training school shall be non-transferable. In the event of a change of ownership, except in the case of a corporation unless there is a sale of the controlling interest, application for a new license shall be made to the Department and the old license must be surrendered to the Department before another license can be issued to the new owner.
(b) The application for a new license shall be made in the same manner as for an original license for a commercial driver training school and the fee shall be the same as for an original license.
(5) Expiration of License

Each license for a commercial driver training school and each instructor's license shall expire four (4) years from date of issuance. Each such license must be renewed every four years in the manner prescribed by the Department.

(6) Renewal of License
(a) Application for a renewal of the license for a commercial driver training school and/or vehicle registration card shall be made on a form prescribed by and furnished by the Department. A fee of $25.00 must accompany the renewal application by money order, certified or cashier's check payable to the Department. Such fee shall be non-refundable.
(b) Renewal application forms (for school license and/or vehicle registration card) must be submitted to the Department not more than sixty days nor less than thirty (30) days preceding the expiration date of the license to be renewed.
(c) Owners who allow their school's license to expire will not be permitted to operate the school under any condition during the period in which the license is in an expired state.

Rule 375-5-3-.04 [Repealed]

Rule 375-5-3-.05 [Repealed]

Rule 375-5-3-.06 [Repealed]

Rule 375-5-3-.07 [Repealed]

Rule 375-5-3-.08 Changes of Officers or Address

(1) The Department must be notified in writing within ten (10) days of any change of address of the owner, partner, and officer, of any commercial driver training school.
(2) The Department must be notified in writing within ten (10) days of any change of officers, directors or controlling stockholders of any corporation or association holding a license. In such case each new officer, director, or controlling stockholder must provide to the Department the same information as required for an original license application.
(3) Failure to notify the Department of such changes shall be grounds for immediate suspension or revocation of the school license or the imposition of a civil penalty.

Rule 375-5-3-.09 [Repealed]

Rule 375-5-3-.10 Location of Commercial Driver Training School

(1) A branch office of any commercial driver training school shall be licensed in the same manner and subject to the same qualifications as the principal office of the school.
(a) The fee for a license for a branch office shall be the same as required for any original application.
(b) Any location containing a classroom separate from the licensed facility shall be considered a separate branch office.
(2) No commercial driver training school shall be located within 500 feet of any building or portion of a building that is used for the purpose of conducting examination for a driver license or for the issuance of a driver license.
(3) No billboard or other such public advertisement of a driver training school may be displayed within 500 feet of any building or portion of any building that is used for the purpose of conducting driver examinations or the issuance of driver licenses.
(4) Any school or classroom facility utilized for or approved for the purposes of a driver training school shall comply with the requirements set forth by the Americans with Disabilities Act of 1990, before a permit is issued. The owner shall certify to the Department that the facility complies with the Act and its implementing regulations.
(5)
(a) The Department may develop policies and procedures for the delivery of remote classroom instruction for certified Commercial Driver Training programs in the event of a public health state of emergency, natural disaster, or man-made disaster.
(b) A certified Commercial Driver Training program may utilize remote services for classroom instruction and the administration of assessments. Such instruction, training, and assessments may be done via web services, such as, but not limited to, Skype, Zoom, or Web Ex. Instruction must be synchronous instruction allowing for real-time instruction and interaction in a specific virtual place, through a specific online medium, at a specific time.
(c) Schools utilizing such methods must notify and obtain prior approval from the Department and keep rosters and required documents of students enrolled in these programs pursuant to existing rules and regulations of the Department. Such programs shall continue to be subject to all monitoring, training, and auditing pursuant to existing rules and regulations of the Department.

Rule 375-5-3-.11 Office Requirements

(1) A residence may not be used for the place of business of a commercial driver training school.
(2) A commercial driver training school shall maintain an office in the following manner:
(a) The license of the school must be conspicuously displayed.
(b) The school shall permit authorized representatives of the Department to make periodic scheduled and unscheduled inspections of all school facilities. During such inspection, each owner, partner, associate, corporate director, officer, manager, or employee of the school shall cooperate with the Department's representatives and upon demand, shall exhibit all records or other documents required to be maintained by such school under this Chapter.
(c) The telephone must be used exclusively for the operation of the school.
(d) An indoor classroom must be enclosed in such a manner that interference by the general public will be minimized. Sufficient indoor space must be provided for the purpose of instruction, to include individual desks or table with chairs to accommodate students comfortably. Classes of instruction are limited to a maximum number of forty students per class unless the Department determines that the space is inadequate for that number of students. In those situations, the maximum number will be calculated on twenty square feet per student with a minimum number of fifteen students per class.
(e) Each school shall be inspected by the respective municipal or county government to ensure that the facilities of such school are in compliance with fire, sanitation, and building requirements in force and effect at the time of the commencement of operations of such school at such location or with the requirements imposed thereafter in conjunction with modifications or improvements previously made to such facilities. Copies of such inspection reports shall be made available upon request to the Department. In addition, the Department shall inspect the designated office space prior to approval of any application submitted to the Department.
(f) An employee of the school must be available to furnish information of operation or to produce necessary records or documents whenever requested by a member of the Department.
(g) The business office of the school cannot be operated entirely through a telephone answering service or telephone answering machine.
(h) The school may use the services of an answering service to answer the telephone only when the office is unmanned. The owner or operator of a school will be permitted to list his residence telephone number in any advertisement or on business cards provided such listing specifically states that such number may be called after a designated hour.

EXAMPLE: If the residence telephone number of the owner or operator is 224-4444, the advertisement must read, `Call 244-4444 after 6:00 p.m.'

(i) Any commercial driver training school may use a telephone number answering service in connection with the school; however, such service must be secondary to the operation of the school and shall be used only when there is no one in the school office to answer the telephone.
(j) An 800 number or other telephone number may be answered at the principal office provided it is a toll-free call from the county where the classroom is located.
(k) Any school or classroom facility utilized for or approved for the purposes of a commercial driver training school shall comply with the requirements set forth by the Americans with Disabilities Act of 1990, before a permit is issued. The owner shall certify to the Department that the facility complies with the Act and its implementing regulations.

Rule 375-5-3-.12 Name of School

(1) No commercial driver training school will be permitted to use, adopt, or conduct any business under any name that is like, or deceptively similar to any name used by any other commercial driver training school without the prior approval of the Department.
(2) A commercial driver training school shall not use the word "State" in any part of the school name.

Rule 375-5-3-.13 Advertising

(1) No commercial driver training school shall advertise in any manner until such time as the school is properly licensed by the Department.
(2) No commercial driver training school may advertise a commercial driver training school or the business of giving instructions for hire in the driving of motor vehicles or the business of preparing an applicant for a driver's license of any kind unless licensed by the Department as a commercial driver training school.
(3) No commercial driver training school licensed by the department or commercial driver training instructor may advertise or represent themselves to be an agent or employee of the Department, nor shall any individual, partnership, association, or corporation purchase, use, allow the use of any advertisement, which would reasonably have the effect of leading the public to believe that they are or were an employee or representative of the Department.
(4) Each commercial driver training school shall use only its licensed name for advertising and advertisements, and no commercial driver training school may use less than its full name or another name in any advertisement.
(5) No commercial driver training school or commercial driver training instructor shall, by any advertisement or otherwise, state or imply directly or indirectly that any license to operate a commercial motor vehicle is guaranteed or assured to any student or individual who will take or complete any instruction or course of instruction or enroll or otherwise receive instruction in any commercial driver training school.
(6) A commercial driver training school that is licensed by the Department may indicate in its advertisements that it is "licensed by the State" or "State licensed," however, no commercial driver training school may use any advertisement that states or implies any of the following:
(a) The school is approved or endorsed by the State or the Department.
(b) The school is certified by the State or the Department.
(c) The school is recognized by the State or the Department.
(d) The school is anything but inspected and licensed by the State.
(7) No commercial driver training school may advertise or imply that free lessons will be given to individuals who fail the State examination for a commercial driver license. Commercial driver training schools may state that, "IF A STUDENT FAILS TO PASS A STATE EXAMINATION, FURTHER INSTRUCTIONS WILL BE GIVEN AT NO ADDITIONAL COST," provided the statement is true and provided the school indicates the maximum number of lessons available to such students.
(8) No commercial driver training school may advertise or imply that free lessons will be given to individuals or students unless the lessons are in fact offered or given without any legal considerations.
(9) No commercial driver training school may make any false or misleading claim or statement in any of its advertisements.

Rule 375-5-3-.14 Responsibility for Employees

(1) No commercial driver training school shall employ or otherwise engage any individual to give classroom instruction or behind the wheel instruction unless the individual has a valid current driver training instructor's license issued by the Department for that specific school.
(2) Qualified and recognized experts in the fields of commercial driver education, driver training, traffic regulation or Federal Motor Carrier Safety Regulations may give occasional classroom lectures without having a commercial driver training instructor's license, provided the commercial driver training school that secures the services of such expert notifies the Department in advance, indicating the name, address and qualifications of the expert, the proposed lecture date and secures the approval of the Department.
(3) Each commercial driver-training instructor employed by or associated with any commercial driver training school shall be deemed an agent of the school and the school shall share the responsibility for all acts performed by the instructor which are within the scope of his employment and which occur during the course of his employment.
(4) If a licensed instructor leaves the employment of or otherwise terminates his association with any commercial driver training school, the school shall immediately notify the Department, in writing. Said notice shall contain the following information:
(a) The name, address, and license number of the school;
(b) The name, address, and license number of the instructor;
(c) The date of and reason for the termination of his/her employment.

Rule 375-5-3-.15 Records and Contracts

(1) Every commercial driver training school shall maintain the following records, which shall be available for inspection by the Department during normal business hours. Normal business hours shall be between 8:30 a.m. and 4:30 p.m. daily. One hour of flexibility in the time may be observed as long as the school is open eight (8) hours per day.
(a) A daily log of all range and on the road hours shall be maintained for each student. Such log shall include: observation time, actual driving time, student name, instructor name, vehicle designate whether its actual range or road time.
(b) A file containing the original of every contract entered into by the school and its students for the purpose of obtaining any instructions relating to the operations of a motor vehicle or procedures to obtain a commercial drivers license. A duplicate copy of the contract must be furnished to the student and the school thereof must retain the original for a period of three (3) years.

Rule 375-5-3-.16 Contents of Contracts

(1) Every contract entered into by the school and another individual shall contain the following:
(a) An agreed contract price per hour of lesson or a total contract price for the number of hours of instruction to be given.
(b) Whether an additional charge will be made for the use of school's vehicle for the actual driving instruction, or for picking up a student or taking him to his desired destination upon completion of a lesson.
(2) No contract or agreement shall give the impression, directly or implied, that upon completion of the course the student will receive a license to operate a motor vehicle or a commercial vehicle.
(3) A sample contract is available from the Department.

Rule 375-5-3-.17 Program of Instruction

(1) A commercial driver training school licensed by the Department must provide the student, both theoretical and practical instruction regarding the operation of a commercial motor vehicle.
(2) The theoretical instruction shall be classroom instruction in specific areas of traffic safety to include subject matter relating to the rules and regulations of the road, safe driving practices, proper attitudes, pedestrian safety, driver responsibility, Federal Motor Carrier Rules and Regulations.
(3) Practical instruction shall be behind the wheel experience and shall include demonstration and actual performance of stopping, starting, shifting (if straight shift), turning, backing, parallel parking and steering in a vehicle which meets the requirements of the Department. Behind the wheel means the actual time the student is behind the steering wheel driving or being instructed.
(4) Questions prepared by the school for instructional purposes shall not be worded or constructed in the same manner as the questions used by the Department on its official driver examination.
(5) The student must pass a written test with a minimum grade of seventy (70) to successfully complete the course and receive a certificate of completion. In the event of excused absence, sickness, etc., the student shall be required to attend makeup classes for each hour not attended by the student for road and range training that exceeds ten (10) percent of the road or range time specifically outlined in the approved school curriculum. The certificate must include the name and address of the school, the student's name, the number of hours of instruction, the instructor's signature or the signature of a duly authorized employee of the school, and the date of completion. The certificates shall be numbered and a roster of each class listing each student's name, date of completion, instructor's name, and fee paid and certificate number will be kept by the commercial driver training school.
(6) All non-passenger road training must include: city, rural and interstate driving.
(7) Every school providing instruction for non-passenger vehicles and passenger vehicles meeting the definition of a buss shall maintain for practical truck and/or bus driver training, a range 250 ft. X 250 ft. or a minimum of 62,500 square feet. Approval for additional vehicles requires inspection by the Department to determine that adequate space is available. Each range will be equipped with sufficient cones and/or barrels for non-passenger vehicles to perform the following mandatory maneuvers:
(a) Alley Docking;
(b) Straight Line Backing;
(c) Parallel Parking; and
(d) One of three optional maneuvers:
1. Offset Alley;
2. Serpentine; or
3. Right Turn.

Rule 375-5-3-.18 Insurance and Safety Requirements

(1) Every vehicle used by a school for the purpose of commercial driver training must be registered with the Department and a Vehicle Registration Card, issued by the Department, must be displayed conspicuously inside the vehicle at all times.
(2) A non-passenger type vehicle must have been inspected by a member of the Department and determined to be in a safe operating condition prior to a vehicle card being issued. Vehicle registration cards issued for a vehicle used for off road vehicle training will be marked FOR OFF-ROAD USE ONLY.
(3) No school vehicle registration card will be issued unless the school has filed with the Department evidence of insurance by a company authorized to do business in Georgia in the amount of at least $100,000.00 to cover bodily injury to, or death of, any one person in any one accident and subject to said limit for one person, to a limit of at least $200,000.00 to cover bodily injury to, or death of any two or more persons in any one accident, and at least $20,000.00 to cover destruction of property of others in any one accident.
(a) The school shall furnish evidence of such insurance, in the form of a certificate from the insurance company which shall stipulate that the Commissioner shall be notified when the policy expires or if it is canceled, and shall include the make, model, and vehicle identification number.
(b) If the school is covered under a fleet policy and another vehicle is added to the fleet, the school should notify the Department that another vehicle (giving the make, model, and vehicle identification number) has been added so as to avoid the necessity of the insurance company furnishing the Department with another copy of the policy each time another vehicle is added to the school fleet.
(4) Every truck or passenger type vehicle used by a school for practical driving instruction shall be equipped with the following special equipment.
(a) Extra brake pedal operable from the instructor's position.
(b) Extra clutch pedal, if the vehicle has conventional gearshift, operable from the instructor's position.
(c) Two outside rearview mirrors, one on either side of the vehicle and two inside rearview mirrors, one for the use of the student driver and one for the use of the driving instructor.
(d) Cushions for the proper seating of students when necessary.
(e) Sufficient stanchions or rubber cones of sufficient height to allow the instructor to prepare the student for the various maneuvers required of an applicant in the driving portion of the state licensing examination.
(5) Every non-passenger type vehicle used by a school for practical driving instructions shall be equipped with the following equipment:
(a) Two outside rear view mirrors, one on each side of the vehicle.
(b) Cushions for the proper seating of students when necessary.
(c) Some type brake or lever must be installed on the passenger side of all tractors to allow the instructor to apply brakes on the trailer of all tractor-trailers that are used for on road training. This brake will not be required for off-road training.
(d) Non-passenger type vehicles that are not tractor-trailers must be equipped with an extra brake operable from the instructor's position.

Rule 375-5-3-.19 Application for Instructor's License

(1) Application for an instructor's license must be made to the Department on a form prescribed and issued by the Department.
(2) Each application for an instructor's license must be accompanied by a notarized statement from the owner or operator of the school (unless such owner or operator is making application for the instructor's certificate) that the applicant is or will be employed by the school. THIS APPLIES TO ALL RENEWAL OR DUPLICATE APPLICATIONS FOR THE INSTRUCTOR'S LICENSE.
(3) Every applicant shall complete a background investigation form and submit with application. No instructor shall teach or give any instruction until such time as a valid instructors license is issued.
(4) Every application shall be accompanied by two (2) sets of fingerprints of each digit of the right and left hands, an affidavit from a state, county or city officer qualified to make such fingerprints that the fingerprints are those of the applicant and a processing fee for the actual cost of processing for each set of fingerprint cards.

Rule 375-5-3-.20 Qualifications of Commercial Driver Training Instructors

(1) Every commercial driver training school instructor shall be a person of good moral character, and at least twenty-one years of age.
(2) Every commercial driver training school instructor applicant, at time of application, shall possess a valid driver's license. Said driver's license must be the same class of license for the commercial driver training class being taught.
(a) No commercial driver training school instructor applicant will be approved if his or her driver's license has been suspended within one (1) year prior to making application for a conviction or combination of convictions directly related to the operation of a motor vehicle.
(b) No commercial driver training instructor applicant will be approved if his or her driver's license has been suspended two (2) or more times within five (5) years prior to making application for a conviction or combination of convictions directly related to the operation of a motor vehicle.
(c) No person with a conviction of a felony or any other crime involving violence or a crime of moral turpitude, or a pattern of misdemeanors that evidences a disregard for the law, will be licensed unless he or she has received a pardon and can produce evidence of same. For the purposes of this chapter, a plea of nolo contendere shall be considered to be a conviction. For the purposes of this chapter, a conviction for which a person has been free from custody and free from supervision for at least ten (10) years will not be considered, unless the conviction is for an offense which is a dangerous sexual offense as defined in O.C.G.A. § 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense.
(3) Every application for an instructor's license must be accompanied by a physical examination report, administered within thirty (30) days prior to the application, on a form prescribed and furnished by the Department.
(4) Every applicant must:
(a) Present to the Department an official transcript from a college or university which indicates that the applicant has earned such college credits as may be required by law; or
(b) Successfully complete a written examination administered by the Department, which will test the applicant's knowledge in the field of commercial vehicle education and his ability to impact driving skills and safety to students. The commercial driver instructor examination will be administered on the 2nd and 4th Thursday of each month at the Department headquarters unless specifically notified of change in schedule in advance.
(5) Application for examination must be accompanied by a fee of $25.00 by money order, certified or cashier's check payable to the Department. The fee is non-refundable.
(6) Applicants must pass this examination in three (3) attempts or within three (3) months of date of application, whichever comes first, or the application will be rejected.
(7) Every application for an instructor's license must be accompanied by a fee of $5.00, by money order, certified or cashier's check made payable to the Department. Such fee shall be non-refundable if the application is denied.
(8) Application for a renewal of an instructor's license shall be made on a form prescribed by the Department and must be filed with the Department not more than sixty days nor less than twenty (20) days preceding the expiration date of the license. A fee of $5.00 must accompany the application by money order, certified or cashier's check payable to the Department. Such fee shall be non-refundable if the application for renewal is denied.
(9) The instructor's license will expire four years from date of issuance unless otherwise canceled, suspended, or revoked by the Department.
(10) Any person whose instructor license has not been renewed within a three-year period shall re-qualify for a new instructor's license pursuant to these rules.

Rule 375-5-3-.21 General Regulations

(1) No license, certificate, or permit as provided for by the Georgia Driver Training School License Act will be issued to any applicant who has been convicted of any felony or any crime involving violence, dishonesty, deceit, fraud, indecency or moral turpitude unless such applicant has received a pardon and can produce evidence of such pardon to the Department. When requested, each applicant will furnish a copy of the disposition of any case.
(2) No employee of the Department, nor any member of the immediate family of such an employee, shall be connected in any manner with any driver training school licensed by the Department.
(3) The school shall agree to permit the Department to inspect the school and all records or documents pertaining thereto during normal business hours, and the Department shall have the right and privilege of reproducing such records or documents, as it deems necessary. Normal business hours shall be 8:30 a.m. to 4:30 p.m. daily. One-hour flexibility in the time may be observed as long as the school is opened eight (8) hours per day.
(4) The school must exhibit on each motor vehicle registered by the Department for the purpose of driver instruction a sign identifying the school by name. This identification may be painted on the front, side or rear of the vehicle, in clearly legible block letters not less than two (2) inches in size. If the identification is not painted on the rear of the vehicle, a portable sign must be attached securely to the rear bumper or to the top of the vehicle so that it is visible from the rear, provided that such sign conforms to the above requirements. All road vehicles must have a DOT number issued by the Department and must be readily readable from a distance of fifty (50) feet.
(a) A sign must be visible from the rear of the vehicle in clear legible block letters not less than two (2) inches in size with the words STUDENT DRIVER.
(5) An owner, instructor, employee, or agent of a commercial driver training school shall not imply, directly or indirectly, to a student that his driver license will be obtained upon the completion of a course of driving instruction by the school.
(6) It shall be the duty and responsibility of the commercial driver training school, or its instructor or agent, to determine that a student possesses a valid Georgia instructional permit for the class of vehicle he or she is learning to operate before any on street driving instruction is initiated.
(7) No person shall perform any instructional duties as an owner or employee of any commercial driver training school or branch thereof unless such person shall meet the qualifications for an instructor as herein provided, and all instructional personnel must possess a valid instructor's license issued by the Department.
(8) The instructor's license and the vehicle registration card issued by the Department must be carried in the school vehicle at all times whenever driving instructions are being given.
(9) No commercial driver training school instructor, employee or agent will be permitted to accompany any student into any office maintained and operated by the Department for the purpose of administering driver license examinations or issuing driver licenses.
(10) No commercial driver training school instructor, employee or agent will be permitted to loiter in or on the premises maintained by the Department for the purpose of administering driver license examinations or issuing driver licenses.
(11) No commercial driver training school instructor, employee or agent will be permitted to solicit any individual for the purpose of enrolling such person in any course or service of the school while on the premises or in any office or facility of the Department.
(12) No commercial driver training school instructor, employee or agent will be permitted to use the premises or any office or facility maintained by the Department to give driving instructions to any student.
(13) No commercial driver training school instructor, employee or agent shall be attired in any uniform or clothing which would give the appearance of being a member or employee of the Department.
(14) Whenever any school or branch thereof shall be discontinued for any reason, the license of such school or branch shall be surrendered to the Department immediately.
(15) Whenever any employee licensed by the Department is separated from such school for any reason, the school shall notify the Department immediately in writing of such separation, giving the name, license number, if applicable, and date of such separation.
(16) No commercial driver training school may sell, transfer, exchange, trade or otherwise dispose of any contract, part of a contract, agreement or obligation by or between any school and any student or instructor unless the school has obtained the written consent of the student.
(17) No student may sell, transfer, exchange, trade, or otherwise dispose of any contract, part of a contract, agreement or obligation by or between the school and any student and/or instructor, unless the student has obtained the written consent of the school.
(18) All commercial driving training schools must provide classroom, range and road training and have proper equipment available for the students.

Rule 375-5-3-.22 Contributing Factors to the Suspension, Revocation, or Cancellation of Commercial Driver Training School and/or Instructor Licenses

(1) Actions which may lead to the suspension, revocation or cancellation of a license, certificate or permit shall include but not be limited to the following:
(a) Any conviction for a felony or any crime involving violence, dishonesty, deceit, fraud, indecency or moral turpitude.
(b) Knowingly presenting false or misleading information to the Department.
(c) Addiction or habitual use of alcohol, dangerous or narcotic drugs.
(d) The failure of any instructor to teach within the guidelines as prescribed in the rules and regulations or who demonstrates a lack of ability to instruct in a commercial driver training school.
(e) Failure or refusal to permit the Department to inspect a school, its class of instruction, records, vehicles, or any operation of facility pertaining to the school during normal business hours.
(f) Failure or refusal to submit to the Department any application for a license, certificate or permit in the manner prescribed by the Department.
(g) Failure or refusal to produce a license, certificate or permit on demand of a prospective student, the Department, or any constituted law enforcement official or agency.
(h) Failure to maintain proper standards of instruction, instructors, or equipment sufficient to operate a school.
(i) Employing an instructor, teacher or agent who is not licensed by the Department.
(j) Any change of ownership or controlling stockholders of a school without immediately notifying the Department.
(k) Whenever any owner, instructor, employee or agent has aided or assisted any person in obtaining a driver license by dishonest or fraudulent means.
(l) Whenever instructions to students are contrary to the restrictions imposed on the student's driver license.
(m) For unauthorized possession of application forms, questionnaires, tests, or other materials used by the Department for the purpose of conducting driver examinations or issuing driver licenses.
(n) Whenever any owner, instructor, employee, or agent has issued a certificate of completion or signed a contract stating the number of classroom hours and/or behind the wheel hours when the student did not, in fact, receive the number of hours stated.
(o) Failure of a driver training school to maintain a telephone for the exclusive use of the school.
(p) If a person holds one or more license(s) as a driver training school owner and/or instructor and one is suspended, revoked, or canceled, this will be grounds in itself for all licenses issued to that person to be suspended, revoked, or canceled.
(2) Any violation which results in the suspension or revocation of the instructor's motor vehicle operator's license will constitute grounds for the suspension of the instructor's permit.
(3) The commercial driver training school shall notify the Department immediately in writing of any reportable accident involving a school vehicle or any of its instructors, or of any charge made against an instructor of the school as a result of a violation of the motor vehicle laws.
(4) The Department may impose a monetary fine in addition to, or in lieu of, suspension or revocation of a license for any violation of Georgia law or the regulations governing commercial driver training schools.
(5) A commercial driver training school and/or instructor may appeal any action taken in accordance with this rule pursuant to Ga. Comp. R. & Regs. R. 375-1-1-.06.

Rule 375-5-3-.23 Contractual Bond Requirements

(1) No commercial driver training school may operate in the State of Georgia unless it provides and files with the Department a continuous surety bond in the principal sum of two thousand five hundred dollars ($2,500.00) for the protection of the contractual rights of students, written by a company authorized to do business in the State of Georgia.
(2) The school shall submit to the Department the contract, or specimen thereof, the obligations of which are guaranteed by the bond.

Rule 375-5-3-.24 Alternative Resources for Background Investigations

In the event the Department is unable to obtain classifiable electronically recorded fingerprints from an applicant for reasons that are beyond the applicant's control, the Department may conduct a background investigation of such applicant utilizing the CJIS Name Search procedures authorized by the Federal Bureau of Investigations and the Georgia Bureau of Investigations.

Rule 375-5-3-.25 Pending Charges Against Owners and Instructors

1. If at the time of application the applicant is charged with any offense that a conviction for which would result in said applicant's ineligibility for certification, consideration of the application shall be suspended until entry of a plea or verdict or dismissal of said charge.
2. If after the issuance of a permit a person is charged any offense that a conviction for which would result in said applicant's ineligibility for certification, the permit may be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked.