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Subject 375-5-2 DRIVER TRAINING SCHOOLS

Rule 375-5-2-.01 Organization

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

Rule 375-5-2-.02 Definitions

(1) Words, whenever used in this Chapter, shall have the same meaning as ascribed to them in Title 43, Chapter 13 of the Georgia Code, unless otherwise defined in the rule of which they are part.
(2) Motor Vehicle - Every vehicle which is self-propelled or by which any person is or property may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks.
(3) Driver Training School - Any person, partnership, limited liability company, or corporation, giving driving instruction to ten (10) or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Driver Services pursuant to Chapter 15 of Title 40. The term shall also include any public school system offering a driver training course during the regular school day as part of a student curriculum at no cost to the student. Term shall not include hospitals and state licensed rehabilitation centers offering a deliver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; provided, that such facilities shall file a prescribed memorandum of understanding with the Commissioner.
(4) Limited Driver Training School - Any person, partnership, limited liability company, or corporation, giving driving instruction to ten (10) or more persons per calendar year by offering a for-hire defensive driving safety course for the purpose of training to assist persons to obtain a Class C of Class M license through means of behind-the-wheel training, simulator training, of offering a defensive driving course consisting of less than 30 hours of classroom and six hours of behind-the-wheel training.
(5) Temporary Driver Training Permit - Any person, partnership, limited liability company, or corporation, which offers occasional driving instruction to ten (10) or more persons per calendar year by offering a for-hire defensive driving safety course for that does not maintain permanent classroom located within the state.
(6) Person - Every natural person, firm, partnership, limited liability company, corporation, association or school. The term "school" shall not apply to colleges conducting a driver training program.
(7) Department - The Georgia Department of Driver Services acting directly or through its duly authorized officers or agents.
(8) Distance Learning - Means the use of satellite or cable narrowcast technology to create two-way, interactive learning environment in which an instructor may simultaneously present instruction in multiple classrooms. The school is responsible for ensuring that students at all locations may clearly view the instructor and any visual aids or films used by the instructor, may comment to or ask questions of the instructor. The school is also responsible for providing a proctor at a location used for distance learning to fulfill the school's obligations under these rules and regulations with respect to students.
(9) Proctor - A proctor serves as the school's representative at a location used for distance learning. The proctor is responsible for ensuring that all responsibilities of the school with respect to the students are fulfilled at the location. The proctor may be a licensed instructor of the school; if not, the proctor must be a high school graduate or possess a GED, be at least 18 years of age, and not have been convicted of a felony or any other crime of moral turpitude, or a pattern of misdemeanors that evidences a disregard for the law, unless he or she has received a pardon and can produce evidence of same.
(10) Driver License Examiner - Any person appointed by the Department of Driver Services for the purpose of administering driver license examinations.
(11) Driver Training Instructor - Any person, whether employed by a driver training school, limited driver training school, or operating in his or her own behalf, or whether acting in behalf of any school located within or outside the State of Georgia, including a motorcycle safety coach as defined in 375-7-4-.03(6), who gives driving instructions for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state at a driving training school, limited driver training school, whether such instruction is theoretical or practical or both.
(12) Driver Training Program - That series of courses developed or approved by the Department of Driver Services for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state to include, but not limited to a thirty (30) hour classroom and six (6) hours of actual behind the wheel instruction; classroom instruction; behind-the-wheel instruction; instruction by means of simulation training; defensive driving, distance learning, or virtual drivers training courses approved by the Department.
(13) Suspension - The privilege to operate a 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.
(14) Revocation - The privilege to operate a 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 shall be for a period of at least one (1) year or indefinitely.
(15) Cancellation - 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.
(16) Applicant - The owner of a sole proprietorship, the partners in a firm, partnership or association or the controlling stockholders of a corporation, the principal, or designated representative of a secondary school.
(17) Controlling Stockholders - All stockholders of any corporation, public or private, owning more than ten percent (10%) of the outstanding shares in such corporation.
(18) Passenger type vehicle - Any vehicle that requires a class C noncommercial driver's license.
(19) Motorcycle - Any vehicle that requires a class M driver's license.
(20) Fine - means the use of a pecuniary punishment of up to $1,000 for each violation of the Rules and Regulations.
(21) Certificate of curriculum approval - means a certification issued by the Department authorizing the use of a specific curriculum by a driver training school. The certification shall expire on the same date as the driver training school license.
(22) Certificate of Completion - means a certificate prescribed by the Department and issued by a licensed driver training school to all students who successfully complete thirty (30) hours of classroom and six (6) hours of behind the wheel training.
(23) Simulator - means a driving apparatus that is designed as a learning tool to replicate actual driving conditions using various driving environments and situations.
(24) Limited Certificate of Completion - means a certificate prescribed by the Department and issued to all students who successfully complete a driver training course consisting of less than thirty (30) hours of classroom and six (6) hours of behind the wheel training.
(25) Virtual driver training course - means a web based course of instruction approved by the Department that provides a minimum of thirty (30) hours of on line instruction that must include training in controlling of vehicles, basic vehicle maneuvers, signs, roadway markings, driving in urban, rural, expressway and adverse conditions, maintaining the vehicle, alcohol and other drugs while driving, state insurance and Department licensing requirements.
(26) Multiple Vehicle Driving Range - means a driver training facility that enables the driver training instructor, from a position outside the vehicle utilizing electronic and/or oral communication, to instruct and supervise several students simultaneously, each of whom is operating a vehicle at an off-street facility specifically designed for that type of instruction.

Rule 375-5-2-.03 [Repealed]

Rule 375-5-2-.04 Driver Training and Limited Driver Training School Licenses

1. Procedures for Original Driver Training School and Limited Driver Training School License
a. Driver training schools and Limited Driver Training schools shall be required to obtain a license as a driver training school.
b. Before any original license may be issued to any person for a driver training school or limited 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 which shall include a statement showing:
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 that will be offered by the school.
iii. The principal place of business and other locations where instruction will be provided that may include; behind the wheel instruction, utilization of simulators, range, road, and road test.
iv. Virtual driver training programs may have a principal place of business located outside of the state.
v. A statement that the owners of the driver training school or limited driver training school are twenty-one (21) years of age or over.
c. Every application for a driver training school license and limited driver training school license must be accompanied by a fee of $25.00 by money order, certified or cashier's check payable to the Georgia Department of Driver Services and attached to the application form. Such fee shall be non-refundable.
d. 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 or limited liability corporation, which owns such driver training school.
e. The applicant must register the legal name of a corporation or limited liability corporation with the Georgia Secretary of State listing all owners controlling stockholders as officers.
f. The application must contain a valid business license of the adopted business name certifying the school may operate in the local jurisdiction.
g. The application by the owners, partners, officers or controlling stockholders of any driver training or limited driver training school shall complete fingerprinting using the Georgia Applicant Processing System and consent to a criminal background check.
h. Every school shall be inspected by the respective municipal or county government to ensure compliance with fire and building requirements. Copies of these inspectional reports shall be made available to the Department.
i. Every school shall submit an individual surety bond in the amount of $10,000.00 or, if more than one clinic shares common ownership, submit a surety bond providing coverage in the amount of $10,000.00 per location (i.e., for ten clinics, a surety bond in the clinics, a surety bond in the amount of $100,000). If this option is elected, the certificate must clearly demonstrate coverage for each clinic for which coverage is to be provided.
2. Display of License
a. The license must be clearly displayed in a conspicuous public location at all times in the school.
b. Virtual driver training programs must clearly display name of business, principal place of business of the school and contact number on the virtual program website.
c. If either the license, instructor's 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.
iii. The fee for a duplicate license or card shall be $10.00.
3. Nontransferability
a. Any license for a driver training school or limited driver training school shall be nontransferable. 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, as well as the vehicle registration cards, 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 driver training school and/or limited driver training school. The fees shall be the same as for an original license.
4. Renewal of License
a. Each license for driver training school or limited driver training school shall expire four years from date of issuance. Each such license must be renewed every four years in the manner prescribed by the Department.
b. Application for a renewal of the license for a driver training school or limited driver training school shall be made on a form prescribed 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 Georgia Department of Driver Services. Such fee shall be non-refundable.
c. Renewal application forms (for school license) must be submitted to the Department not more than sixty days nor less than ten days preceding the expiration date to be renewed.
d. 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 375-5-2-.05 [Repealed]

Rule 375-5-2-.06 [Repealed]

Rule 375-5-2-.07 [Repealed]

Rule 375-5-2-.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, officer, principal or designated representative of a secondary school, or instructor of any driver training school or limited driver training school.
(2) The Department must be notified in writing within ten (10) days of any change of owner, partner, or officers, directors or controlling stockholders of any corporation or association holding a license,or any change in the principal or designated representative of a secondary school. In such case each new officer, director, controlling stockholder, or principal or designated representative of a secondary school 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 375-5-2-.09 [Repealed]

Rule 375-5-2-.10 Location of Driver Training School or Limited Driver Training School

(1) A branch office of any driver training school and/or limited driver training school shall be licensed in the same manner and subject to the same qualifications as the principal office of the school. Paragraph (1) through (7) does not apply to a limited driver training school offering a virtual program only.
(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 driver training school and/or limited driver training school shall not be located within 500 feet of any building or portion of any 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 of a driver training school may be displayed within 500 feet of any building or portion of any building that is used by the Department for the purpose of conducting driver examinations or the issuance of driver licenses, unless such sign or advertisement existed prior to the Department establishing a new facility. The Department may approve other advertisements within or nearby a DDS facility.
(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) A licensed driver training school and/or limited driver training school that provides instruction via distance learning methods in a classroom of a secondary school, or approved driver training school classroom shall not be required to obtain a separate license for the use of that classroom; provided that prior notice must be given to, and approval granted by, the Department prior to the use of such a facility. Such approval will be considered only if requested by a licensed driver training school and/or limited driver training school that has held a license in good standing for the preceding five years prior to the application.
(b) A classroom used for distance learning must be staffed by a licensed instructor or proctor at all times during the provision of instruction. The school must ensure that adequate equipment is provided at the remote site to enable students to view and hear the instructor and to enable the instructor to hear comments and questions from the students at the remote site. In the event the equipment ceases to function at any time, no further instruction may be provided at the remote site unless a licensed instructor is present to continue instruction in person. Only a licensed instructor may issue certificates of completion.
(6) If a licensed driver training school and/or limited driver training school closes a facility, the school must furnish thirty (30) days' advance written notice of the closing to the Department. A copy of said notice shall be posted on the exterior door of the facility so as to be visible to the school's customers or students. Any license for that facility must be surrendered to the Department. Unused Certificates of Completion must be transferred to another school facility or returned to the Department. Class rosters must be transferred to another school facility or submitted to the Department prior to the closure of the facility.
(7) All classrooms shall provide the necessary films, brochures and other printed and/or electronic materials to be used in providing all courses of instruction.
(8) All Virtual Driver Training Programs shall provide a student workbook approved by the Department.
(9) Driver Training Schools that provide classes of instruction via distance learning methods must also provide at the same location, six (6) hours of behind the wheel instruction by a licensed driver training school instructor.
(10) Limited Driver Training Schools will not be required to comply with (9) above.
(11)
(a) The Department may develop policies and procedures for the delivery of remote classroom instruction for certified Driver Training programs in the event of a public health state of emergency, natural disaster, or man-made disaster.
(b) A certified Driver Training program may utilize remote services for classroom instruction. Such instruction and training 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 375-5-2-.11 Office Requirements

(1) A residence may not be used to provide classroom instruction or behind the wheel instruction, except when such residence meets all the qualifications of a school and provided that such operation is not in conflict with local zoning laws regulating commercial businesses and the residence has a separate public outside entrance for the driver training school, limited driver training school and a separate restroom facility.
(2) A driver training school and/or limited driver training school shall maintain an office in the following manner:
(a) The license of the school must be conspicuously displayed in a public location.
(b) The school shall permit authorized representatives of the Department of Driver Services 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 that are required to be maintained by such school under this Chapter.
(c) The telephone must be used exclusively for the operation of the school.
(d) 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 and instructor. The minimum square feet of an indoor classroom must be at least 300 square feet of useable classroom space. Programs licensed prior to the enactment of the 300 square foot minimum may continue to utilize existing classrooms that satisfied the prior requirement of 250 square feet. Such programs may not add new classrooms that are less than 300 square feet in size.
(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) A driver training school shall maintain business hours of at least fifteen (15) hours per week, half of which must fall within the Department's normal business_hours. An employee of the driving training school and/or limited driver training school must be available during this time to furnish information of operation, verify attendance to a class, or to produce the necessary records or documents whenever requested by a member of the Department. The school may close for a lunch hours at a set time upon notice to the Department of the scheduled lunch hour. The school shall be responsible for notifying the Department of those times during which the business office will be closed for lunch or vacation and of_the regularly scheduled hours of operation of the business office.
(i) Any school or classroom facility utilized for or approved for the purposes of a driver training school and/or limited driver training school shall comply with the requirements set forth by the Americans with Disabilities Act of 1990, before a permit or license is issued. The owner shall certify to the Department that the facility complies with the Act and its implementing regulations.
(j) Virtual driver training school shall furnish to the department upon request reports of all students attending the virtual program. Reports must be in the prescribed format of the department.
(k) Virtual driver training school must provide a "student help desk" for technical support.

Rule 375-5-2-.12 Name of School

(1) No driver training school and/or limited 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 driver training school without the prior approval of the Department. This provision will not be applied to restrict the use of trade names where the holder of the trade name is the party making the request.
(2) A driver training school and/or limited driver training school shall not use the word "State" in any part of the school name.

Rule 375-5-2-.13 Driver Training School Advertising

(1) No person or entity shall advertise for students to engage in driver license training or limited driver training school for the purpose of assisting such persons to obtain a Class C or Class M drivers license or provide testing for a driver's license in any manner until such time as the school is properly licensed by the Department.
(2) No person or entity may advertise a driver training school, limited driver training school or the business of giving instructions for hire in assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles or the business of preparing an applicant for a driver's license of any kind unless licensed by the Department as a driver training school and/or limited driver training school.
(3) No driver training school licensed as a driver training school, limited driver training school or 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 of Driver Services.
(4) Each driver training school and/or limited driver training school shall use only its licensed name for advertising and advertisements, and no driver training school and/or limited drivertraining school may use less than its full name or another name in any advertisement. This provision will not be applied to restrict the use of trade names where the holder of the trade name is the party making the request.
(5) No driver training school, limited driver training school or driver training instructor shall, by any advertisement or otherwise, state or imply directly or indirectly that any license to operate a 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 school.
(6) A driver training school and/or limited 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 school may use any advertisement that states or implies any of the following:
(a) That 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 driver training school or limited driver training school may advertise or imply that free lessons will be given to individuals who fail the State examination for a driver license. Driver training schools and/or limited driver training school 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 driver training school and/or limited 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 monetary considerations.
(9) No driver training school and/or limited driver training school may make any false or misleading claim or statement in any of its advertisements.

Rule 375-5-2-.14 Responsibility for Employees

(1) No driver training school or limited 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.
(a) It shall be the duty and responsibility of each driver training school owner, limited driver training school owner or secondary school designated representative to ensure all instructors associated with their school have met all requirements for licensure and have in their possession a valid instructor's license.
(b) It shall be the duty of the driver training school owner, limited driver training school owner or secondary school designated representative and/or the instructor to ensure that all students who attend are on time for all sessions of the course, maintain correct deportment while on the premises of the school, and that all student rescheduling for missed sessions are completed within six (6) months. If courses are being taught via distance learning, this authority may be delegated to a proctor if a licensed instructor is not on site at the distance-learning site.
(2) Qualified and recognized experts in the fields of driver education, driver training, traffic regulation or motor vehicle safety may give occasional classroom lectures without having a driver training instructor's license. Schools must provide the Department with a list of such experts in advance at least once a quarter.
(3) Each driver-training instructor or proctor employed by or associated with any 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 or proctor which are within the scope of his or her employment and which occur during the course of his or her employment.
(4) If a licensed instructor leaves the employment of or otherwise terminates his association with any driver training school or limited 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 date of his/her employment.
(5) The instructor or driver training school owner or secondary school representative shall furnish each student who successfully completes a Driver Training thirty (30) hours of classroom and six (6) hours of actual behind the wheel training preparatory course offered to assist persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, a Certificate of Completion prescribed by the Department.

Rule 375-5-2-.15 Procedures for Records and Contracts

(1) Every driver training school and/or limited driver training school shall maintain, if required, the following records which shall be available for inspection by the Department during normal business hours. Normal business hours shall be 10:30 a.m. to 5:00 p.m. daily. Flexibility in the time may be observed as long as the school is open at least six (6) hours per day, at least three (3) hours of which must fall within the period of 10:30 a.m. to 5:00 p.m.
(a) A daily log of all classroom instruction and on the road hours shall be maintained for each student. Such log shall include: observation time, actual driving time, student name, instructor name, the license plate of the vehicle used to conduct the actual driving instructions. Such log can be maintained electronically.
(b) A file containing the original or copyof 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 drivers license. A copy of the contract must be furnished to the student and the school thereof must retain the original or legible copy for a period of three (3) years.
(c) A roster of each class listing the school's number, name and address, the instructor's license number and the instructor's full name as it appears on the license, the student's name, date of birth.
(d) A schedule for all classes of instruction, giving the date and time of classes must be maintained in the records of the school for a period of three (3) years after the date on which the class was completed. The driver training school or limited driver training school shall furnish copies of the schedule to the Department on request.
(2) Contracts and receipts may be incorporated provided the combined document contains paragraphs a and b of Chapter XV, Contents of Contracts, of these Rules and Regulations.

Rule 375-5-2-.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 his/her to the 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.
(3) A sample contract is available from the Department.
(4) Duration of course or program, including the date and time the course or program is to be taught.
(5) A clause stating that each instructor is certified by the Department of Driver Services.
(6) A clause stating that the school is licensed by the Department of Driver Services in accordance with Title 43-13-1 (The Driver Training School and Commercial Driver Training School License Act) and the rules and regulations of the Department.
(7) The contracts must be pre-numbered.
(8) A clause stating that a performance bond in the principal sum of twenty-five hundred ($2500.00) dollars has and will be maintained for the protection of the contractual rights of the students by an authorized bonding company.
(9) Breach of contract provision.

Rule 375-5-2-.17 Program of Instruction

(1) A driver training school licensed by the Department must have available, if requested by students, both theoretical and practical instruction regarding the operation of a 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 and driver responsibility that meets the standards set by the Department.
(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) All motorcycle training shall be conducted in accordance with the Motorcycle Safety Program established by the Georgia General Assembly provided for in O.C.G.A. § 40-15-1, et seq.
(6) Any licensed driver training school may offer and teach a driver education program, commonly referred to as a 30 and 6, which means thirty (30) hours of classroom instruction and six (6) hours of behind the wheel training. A student enrolled in this program must receive a minimum of thirty (30) hours of classroom instruction and a minimum of six (6) hours of actual behind the wheel training. Simulator training shall not be used to substitute for any portion of the six (6) hours of actual behind the wheel training.
(7) 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.
(8) Upon satisfactory completion of thirty (30) hours of classroom instruction and six (6) hours of behind the wheel training, the driver training school shall issue a certificate of completion. 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 driver training school.
(9) All road training must include: city, streets and interstate driving.
(10) Multiple vehicle driving range experience may be used to substitute for up to four (4) hours of the six (6) hour requirement for actual behind the wheel training upon written approval for such substitution from the Department and subject to the following requirements:
(a) Multiple vehicle driving ranges shall have minimum paved course dimensions of 200' x 250'.
(b) Each multiple vehicle driving range shall be equipped with an observation tower. Said tower may be permanently affixed or mobile. It shall be of a height that allows at least one (1) instructor to be positioned so that he or she is able to observe every vehicle on the multiple vehicle driving range.
(c) At least one (1) licensed driver training instructor shall be present in the observation tower at all times during which students are present on a multiple vehicle driving range.
(d) During driver training instruction, multiple vehicle driving range parameters must be affixed with permanent or portable barriers, defined to restrict vehicle and pedestrian access.
(e) Multiple vehicle driving ranges shall be marked with proper lane markings and signage. Lane markings must be permanent and include, but are not limited to: one-way traffic, two-way traffic, railroad crossing(s), pedestrian crosswalk(s), stop lines, parallel parking, straight parking, angled parking, turn about, four (4) way stop, and straight line backing. Signage may be permanently affixed or portable.
(f) Sufficient stanchions or rubber cones of sufficient height shall be used 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.
(g) Each vehicle operated on a multiple vehicle driving range shall be equipped with in-vehicle communication devices to permit the driver training instructor to communicate with each student while driving on a multiple vehicle driving range, and the instructor positioned in the observation tower shall instruct the students on driving maneuvers via said devices.
(h) Credit for multiple vehicle driving range experience shall be given on an hour-for-hour basis.
(11) Upon satisfactory completion of an approved course of instruction at a limited driver training school, the school shall issue a limited certificate of completion. The certificate must include the name and address of the school, the student's name, the number of hours of instruction, type of instruction, the instructor's signature or the signature of a duly authorized employee of the school, and the date of completion.

Rule 375-5-2-.18 Insurance and Safety Requirements

1. Every vehicle used by a driver training program for the purpose of driver training must be registered with the Department and a Department-issued Vehicle Registration Card must be displayed conspicuously inside the vehicle at all times.
a. Vehicles used for actual behind the wheel instruction on public roadways or highways shall be twelve (12) years old or less or have a mileage limit of 300,000, whichever comes first.
b. Vehicles used for multiple vehicle driving range instruction or for other purposes shall be thirteen (13) years old or less or have a mileage limit of 325,000, whichever comes first. The Vehicle Registration Card issued for such vehicles shall be marked clearly with the statement "Multiple Vehicle Range Use Only." Such vehicles shall not be used for actual behind the wheel instruction on public roadways or highways.
c. Any vehicle used for driver training in any manner shall be equipped with operational safety belts.
2.
a. Any vehicle purchased for the purpose of driver training shall be inspected by the Department prior to use. In lieu of initially inspecting any vehicle bought as "new" from a licensed dealer and having less than 10,000 miles recorded on the odometer, the Department may accept a certification from said dealer that the vehicle satisfies the Department's inspection standards.
b. Following the initial inspection, the Department shall inspect each vehicle used for driver training on an annual basis.
c. No Vehicle Registration Card shall be issued for any vehicle that does not successfully pass said inspection.
3. A vehicle whose years of service and/or mileage limit exceed(s) the standards set forth in (a) and/or (b) of paragraph (1) of this Chapter may continue to be used for the purpose of driver training provided the following criteria are met:
a. Said vehicle was previously certified by the Department and has remained continuously certified thereafter; and,
b. Said vehicle is inspected annually by a mechanic certified by Automotive Service Excellence and meets the safety criteria established by the Department. The inspection shall be documented on a form provided by the Department.
4. No vehicle shall be initially certified by the Department whose years of service and/or mileage limit exceed(s) the standards set forth in (a) and/or (b) of Paragraph (1) of this Chapter.

Rule 375-5-2-.19 Procedure for Instructor's License

(1) Application for an instructor's license must be made to the Department on a form prescribed by 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, principal or designated representative of a secondary school (unless such owner or operator, principal or designated representative of a secondary school is making application for the instructor's license) 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 licensed instructor currently employed by a licensed driver training school, that accepts employment with another driver training school must submit a notarized statement from the secondary driver training school, on a form prescribed by the Department, that the secondary driver training school will employ the licensed instructor.
(4) The Department's approval of secondary employment shall be contingent upon the instructor satisfying all of the requirements set forth in 375-8-.02-.19.
(5) 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, an executed consent for background form, and the processing fee for the actual cost of processing for each set of fingerprint cards.

Rule 375-5-2-.20 Qualifications of Driver Training Instructors

(1) Every driver training school instructor shall be a person of good moral character, and at least twenty-one years of age.
(2) Every driver training school instructor applicant, at time of application, shall possess a valid driver's license. Said license must be the same class of license for the driver training class being taught.
(a) No 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 driver training school 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 or 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 and the drug screening laboratory 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 in driver education and safety; or
(b) Successfully complete a written examination administered by the Department, which will test the applicant's knowledge in the field of driver education and his or her ability to impart driving skills and safety to students.
(c) Every instructor application shall be accompanied by one (1) 2 X 2 inch 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.
(5) The driver training 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.
(6) Application for an 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.
(7) 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.
(8) Every application for an instructor's license must be accompanied by a fee of $5.00, by money order, certified or cashier's check payable to the Department. Such fee shall be non-refundable if the application is denied.
(9) Every 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 (60) days nor less than ten (10) 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.
(10) The instructor's license will expire four years from date of issuance unless otherwise canceled, suspended, or revoked by the Department.
(11) Any person whose instructor license has not been renewed within a one-year period shall re-qualify for a new instructor's license pursuant to these rules.

Rule 375-5-2-.21 General Regulations

(1) No license, 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. For the purposes of this subparagraph, a plea of nolo contendere shall be considered a conviction. For the purposes of this subparagraph, a conviction for which a person has been free from custody and free from supervision for at least ten 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.
(2) No employee of the Department, nor any employee's spouse, dependent child, dependent stepchild, or dependent adopted child shall be an owner, operator, instructor or employee in any State approved driver training school program.
(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 10:30 a.m. to 5:00 p.m. daily. Flexibility in the time may be observed as long as the school is open at least six (6) hours per day, at least three (3) hours of which must fall within the period of 10:30 a.m. to 5:00 p.m. Except when a secondary school is licensed as a driver training school or limited driver training school and provides driver training to students other than during normal business hours of the school business office.
(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 or displayed by decal on the front, side or rear of the vehicle, in clearly legible block letters not less than two (2) inches in size. Any such decal may be permanently affixed or removable and detached when the vehicle is not used for driving instruction. If the identification is not painted on the rear or sides 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.
(5) 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, unless a rear decal or portable sign on the rear bumper or vehicle roof includes the term "Driving School" or "Driver Education" or "Student Driver" and such term is clearly visible from the rear of the vehicle.
(6) An owner, instructor, employee, or agent of a driver training school and/or limited 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.
(7) It shall be the duty and responsibility of the driver training school, limited driver training school instructor, or its instructor or agent, to ensure that an unlicensed student meets the vision requirements set forth in Georgia law before any on-street driving instruction is initiated.
(8) No person shall perform any instructional duties as an owner or employee of any driver training school and/or limited 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.
(9) 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.
(10) No driver training school or limited driver training school owner, 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. "Loitering", for the purposes of this subparagraph, shall include a driver training school instructor, employee, or agent remaining or wandering around the Department's premises for the purpose of soliciting business.
(11) No driver training school or limited driver training school owner, 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 driver training school or limited 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 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 within ten (10) days of the permanent closing of the facility.
(15) Whenever any employee licensed by the Department is separated from such school for any reason, the school shall notify the Department within ten (10) days in writing of such separation, giving the name, license number, if applicable, and date of such separation.
(16) No driver training school or limited 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) Any driver training schools must provide classroom and road training and have proper equipment available for the students.

Rule 375-5-2-.22 Contributing Factors to the Suspension, Revocation, or Cancellation of 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, or a crime of moral turpitude, or a pattern of misdemeanors that evidences a disregard for the law unless the applicant has received a pardon and can produce evidence of the same. For the purposes of this subparagraph, a plea of nolo contendere shall be considered a conviction. For the purposes of this subparagraph, 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.
(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 driver training school.
(e) Failure or refusal to permit the Department to inspect a school, its class of instruction, records, vehicles, or any operation or facility pertaining to the school during normal business hours.
(f) Failure or refusal to submit to the Department any application for a license or permit in the manner prescribed by the Department.
(g) Failure or refusal to produce a license 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 driver training school or limited driver training school.
(i) Employing an instructor, teacher or agent that does not have a license from 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 or limited 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 limited driver training school 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) A suspension, revocation, or cancellation of an instructor's license automatically terminates any employment relationship that the instructor may have established with other driver training schools.
(3) 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 license or permit.
(4) The driver training school or limited 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.
(5) 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 driver training schools and/or limited driver training schools.
(6) A 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 375-5-2-.23 Complaints

(1) All complaints by any individual, partnership, group, corporation or association against any individual, partnership, group, corporation or association relating to driver training schools, limited driver training schools, driver training instructors, or these rules and regulations, must be in writing and signed by the complainant.
(2) The Department or its authorized representative may ask the complainant to sign a sworn statement indicating the nature of the complaint and the identity of the complainant.
(3) The acceptance or the use of any statement by the Department shall not be deemed an acknowledgement, admission or charge by the Department of the matters contained in the statement.

Rule 375-5-2-.24 Contractual Bond Requirements

(1) No 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) A driver training school may submit an individual surety bond in the amount of $2,500.00 or, if more than one school shares common ownership, or secondary schools located in the same county, submit a surety bond providing coverage in the amount of $2,500.00 per location (i.e., for ten schools, a surety bond in the amount of $25,000.00). If this option is elected the certificate must clearly demonstrate coverage for each school for which coverage is to be provided.
(3) The school shall submit to the Department the contract, or specimen thereof, the obligations of which are guaranteed by the bond.
(4) The surety on any such bond may cancel the bond providing thirty (30) days' written notice to the Department.
(5) If at any time said surety bond is not valid and in force, the license of the school of program shall be deemed suspended by operation of low until a valid surety company bond is again in force.

Rule 375-5-2-.25 Notices

Any proposed changes in these rules shall be required to be mailed or otherwise delivered to each driver training school or limited driver training school at least thirty (30) days in advance of the effective date of such proposed rule.

Rule 375-5-2-.26 Driver Training School or Limited Driver Training School Fines

(1) The Commissioner of the Department may impose an administrative fine not to exceed $1,000 per violation against any driver training school or limited driver training school that fails to comply with the rules and regulations of the Department.
(a) Violations that are minor in nature as determined by the Department shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within thirty (30) days.
(b) Failure to remedy violations that are minor in nature within thirty (30) days may result in an administrative fine, not to exceed $250.00.
(2) The Department shall issue, by U.S. Mail or personal service, a notice including the following information:
(a) A concise statement of violations and applicable statutes and regulations;
(b) A statement of the legal authority and jurisdiction under which the notice has been issued;
(c) A notice of amount claimed and notice of the maximum amount authorized pursuant to applicable statutory provisions;
(d) A statement regarding the driver training school or limited driver training school's right to pay the fine assessed or, within thirty (30) days of receipt of the notice, request a hearing to contest the imposition of the fines.
(e) Such notice shall be deemed received three (3) days after mailing.
(3) In the event that the driver training school or limited driver training school fails to request a hearing within thirty (30) days' receipt of the notice, any rights to an appeal and hearing shall be considered to have been waived; and the assessed fine shall become effective upon the expiration of the thirty (30) day notice period.
(4) A driver training school and/or limited driver training school may appeal the imposition of a fine pursuant to Ga. Comp. R. & Regs. R. 375-1-1-.06.

Rule 375-5-2-.27 Third Party Tester Program Definitions

(1) Third Party Tester Program - A program authorized by Code Section 40-5-27 of the Official Code of Georgia Annotated whereby licensed driver training schools approved by the Department of Driver Services may administer an on the road test to students who successfully complete any of the approved methods of driver training specified in paragraph (1) of subsection (d) of said Code Section.
(2) Approved Road Course - A course approved by the Department of Driver Services for the purpose of conducting on the road testing by a licensed Driver Training School approved as a Third Party Tester.
(3) Cancellation - A Tester or Examination's certification is terminated by the Department because of some error defect in the certification or because the Tester or Examiner is no longer entitled to such certification. The cancellation of certification is without prejudice, and application for a new certification may be made at any time after such cancellation.
(4) Department - Department of Driver Services.
(5) Examiner - Any natural person, not an employee of the Department, who is certified by the Department as a Third Party Examiner to administer Driver's License testing through a Third Party Tester at an approved Driver Training School.
(6) Monitor - An employee of the Department who is responsible for conducting random examinations, inspections and audits of Third Party Testers and Examiners for compliance with state laws and agency rules and regulations. Random examinations may be performed by a Monitor or at a Department Customer Service Center.
(7) Revocation - A Tester or Examiner's certification 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 shall be for a period of at least one (1) year or indefinitely.
(8) Suspension - A Tester or Examination's certification is temporarily withdrawn by formal action of the Department, which temporary withdrawal shall be for a period specifically designated by the Department.
(9) Tester - Any licensed driver training school that has been licensed to conduct driver's license testing through approved Third Party Examiners. The Driver Training School must have been licensed for a minimum of two (2) years prior to applying as a Third Party Tester.

Rule 375-5-2-.28 Minimum Requirements for Examiners

(1) In order to be eligible to conduct third party driving skills tests, a driver training instructor must be trained and certified to conduct skills testing for issuance of driver's license by the Department or its authorized representatives and comply with the following:
(a) Must have a high school diploma or its equivalent;
(b) Be a regular employee of the driver training school and recommended by the school or secondary school designee;
(c) Shall not be a convicted felon;
(d) Shall not have been convicted of any serious moving violation as defined Title 40 within three (3) years prior to application;
(e) Shall not have been enrolled or participated in a state approved DUI Drug or Alcohol Use Risk Reduction Program within ten (10) years prior to making application for certification as a third party examiner;
(f) Must be qualified as a Motor Vehicle Operator and must have held a valid instructor license for minimum of two (2) years prior to application for Third Party Examiner;
(g) Must successfully complete the Department's prescribed course in driver's license classroom instruction and behind the wheel examination;
(h) Must pass all knowledge tests on the first day of the training session;
(j) Upon completion of specialized training administered by the Department or its authorized representative, the Examiner will be issued a certification card qualifying them to examine applicants for skills in license classes equal to their training certification; and
(k) Must possess a current and valid certification identification card with photograph that shall be evidence of the Examiner's certification status.
(2) Examiner applicants shall be issued a certification card upon approval from the Department. These certifications shall expire four (4) years from the date of issuance, unless suspended, revoked, or cancelled, and must be renewed every four (4) years thereafter.
(3) An Examiner whose certification has expired or driver training school license has expired, shall not administer any part of the driver examination until completion of one of the following:
(a) An Examiner with expired certification may be recertified within one (1) years after expiration by performing an examination to the satisfaction of the Department.
(b) If more than one (1) year has lapsed since expiration, the Examiner must successfully complete the Department's prescribed course in classroom instruction and behind the wheel examination for recertification.
(4) Must conduct at least ten (10) tests per calendar year. Failure to do so will result in suspension from conducting further driver's license tests.

Rule 375-5-2-.29 Minimum Requirements for Testers

1) Must have held a Driver Training School license for a minimum of two (2) years.
(a) Must have vehicles registered with the Department for the purpose of conducting training and/or testing.
(b) Must maintain adequate driver records reflecting the driver history of each Examiner.
(c) Must enter into a Driver's License Third Party Tester Agreement with the Department.
(d) Agree to have the Third Party Tester Program monitored by the Department.
(e) The skills test plan must be approved by an authorized member of the Department prior to being used.
(f) Tester applicants shall be issued a certification card upon approval from the Department. These certifications shall expire four (4) years from the date of issuance, unless suspended, revoked, or cancelled, and must be renewed every four (4) years thereafter.
2) Shall ensure that Examiners submit to the Department Program Manager or Monitor a testing schedule for all testing to be conducted. This schedule will be submitted and received on Friday prior to the week of testing. A 24-hour notice will be given for cancellation. The Program Manager or Monitor may approve changes in schedule as necessary. Testing at times and dates not submitted on the schedule or Department approved changes will violate the agreement between the Tester and the Department.
3) Must ensure that all examiners employed by the Tester are certified by the Department and that the Examiners comply with the Department Rules and Regulations, all applicable state laws and Department instructions.
4) Test Administration
(a) Skill tests will be conducted strictly in accordance with policy used by the Department Examiners. Such instruction may include information on skills test content, route selection/revision, test forms, Examiner procedures, and administration procedures and/or changes.
(b) Skills tests shall be conducted:
1. On test routes approved by the Department.
2. In a vehicle representative of the class and type of vehicle for which the applicant seeks to be certified and for which the Examiner is qualified to test.
3. Using the Department approved content, forms, and scoring procedures.
4. Only on approved days of the week during daylight hours only.
5) Only students who have successfully completed a thirty (30) hour classroom and six (6) hours of behind the wheel training at a licensed driver training school with approval from the Department may be tested.
6) Examiners must complete each test before beginning another test and may not start a test within forty-five (45) minutes of starting the previous test.
7) Examiners shall not administer any part of the test unless the Examiner's certification identification card is current and valid and the Examiner is wearing or visibly displaying the card on the Examiner's person.
8) It shall be the responsibility of the Tester prior to administering the skills test to ensure students have satisfactorily completed the thirty (30) hour classroom or online portion of driver training in addition to the six (6) hour behind-the-wheel portion of driver training.
(a) A thirty (30) hour classroom or online driver training certificate of completion issued by the Department's Online Certificate Reporting Application (OCRA) shall be sufficient proof that a student satisfactorily completed the thirty (30) hour portion of driver training.
(b) A six (6) hour behind-the-wheel certificate of completion issued by OCRA shall be sufficient proof that a student satisfactorily completed the six (6) hour behind-the-wheel portion of driver training.
(c) The Tester shall maintain copies of both the thirty (30) hour classroom or online driver training certificate of completion and the six (6) hour behind-the-wheel certificate of completion in the student's student file, which shall be subject to audit by the Department.
(d) If the student cannot produce a copy of his or her thirty (30) hour classroom or online certificate of completion or a copy of his or her six (6) hour behind-the-wheel certificate of completion prior to administration of the skills test, it shall be the responsibility of the student to obtain a replacement certificate from the driver training program that issued said certificate.

Rule 375-5-2-.30 Record Requirements for Tester

(1) Licensed Driver Training Schools authorized to conduct on the road skills tests under the Third Party Program shall maintain the following records for the Third Party Examiner file:
(a) A copy of each Examiner's current certification identification card with photograph.
(b) A copy of Examiner's MVR (current update, a minimum of once per year).
(c) Examiner and Tester Certifications must be displayed.
(d) Tester must maintain these records for the previous two (2) years and for the current year.
(e) Tester must maintain these records on an Examiner for at least two (2) years after that Examiner leaves the Tester's employment.
(2) Records shall be maintained for Driver examination applicants tested:
(a) A copy of the DDS prescribed score sheet on each applicant tested (passing or failing copies with the applicant's actual score).
(b) A copy of the DDS letter of authorization for testing from the Department; or a current MVR (three months minimum) and current physical.

Rule 375-5-2-.31 Notification Requirements

(1) Testers approved under the Third Party Program must:
(a) Notify the Department in writing thirty (30) days prior to any change in the Tester's name and/or address.
(b) Notify the Department in writing within (2) days of any change in:
(i) The Examiners who are employed by the Tester; and
(ii) Any Examiner's driving status.
(2) Notify the Department in writing within (10) days of any of the following occurrences:
(a) The Driver Training School ceases to do business in Georgia or the Driver Training School program under a secondary school determines they are discontinuing the program.
(b) The Tester fails to comply with any of the Department's requirements.
(c) Examiner receives notice from the Department of any driver's license suspension, revocation, disqualification, cancellation or DUI conviction.
(d) Any Examiner fails to comply with any of the Department's requirements.
(3) Request and obtain approval from the Department of any proposed changes in the skills test(s) route(s), test content, or Examiner administrative procedures.
(a) The Examiner shall notify the Department within ten (10) days of leaving the employ of a Tester.
(b) The following reports shall be submitted to the Department:
(i) A copy of skills test roster of applicants tested;
(ii) A copy of test schedules; and
(iii) All fines for the previous two (2) years and for the current year.

Rule 375-5-2-.32 Denial/Suspension/Revocation/Cancellation of Third Party Testing Program Certification

(1) The Department may deny any application for a Tester or Examiner's certification or cancel certification if the applicant does not qualify for certification under these rules. Misstatements or misrepresentations in the application may be grounds for cancellation.
(2) Any Tester or Examiner may relinquish a certification upon thirty (30) days written notice to the Department. All forms, manuals, or supplies that the Department has furnished, including certification and certification identification cards of Examiners shall be surrendered.
(3) The Department may cancel the Third Party Testing Program provided for in these requirements in its entirety.
(4) The Department may suspend or revoke a Tester or Examiner's certification upon any of the following grounds:
(a) Failure to comply with or satisfy any of the provisions of these requirements, the Department's instructions or the Third Party Tester agreement.
(b) Falsification of any records or information relating to the Third Party Testing Program.
(c) Commission of any act which compromises the integrity of the Third Party Program.
(d) Failure to fully cooperate with the Monitor, including providing the Monitor access to:
(i) All Third Party Tester Program documents and records;
(ii) Any facility where testing is performed; or
(e) For the Examiner: driver's license suspension, revocation, recall, or disqualifications.
(f) If applicable, failure to maintain a copy of the student's OCRA issued thirty (30) hour classroom or online driver training certificate of completion in the student's student file.
(g) Administering a skills test to a student who did not complete the six (6) hour behind-the-wheel portion of driver training at the Tester's Driver Training school.
(h) If the Department determines that grounds for cancellation of certification exists for failure to comply with or satisfy any of these requirements or the Third Party Tester Agreement, the Department may postpone action and allow the Tester or Examiner thirty (30) days to correct the deficiency.
(5) A tester and/or examiner may appeal any action taken in accordance with this rule pursuant to Ga. Comp. R. & Regs. R. 375-1-1-.06.

Rule 375-5-2-.33 [Repealed]

Rule 375-5-2-.34 [Repealed]

Rule 375-5-2-.35 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.

Rule 375-5-2-.36 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.