Current through Register Vol. 28, No. 3, September 1, 2024
9.1
Each instructor of a Commercial Driver Training School or a Commercial Truck
Driver School or branch shall:
9.1.1 Be a
citizen of the United States;
9.1.2
Be of good moral character and sound mind;
9.1.3 Be at least 18 years of age and hold a
valid driver's license;
9.1.4 Have
vision in both eyes, with a minimum of 20/40 corrected vision in both
eyes.
9.1.5 Not have had a
revocation or suspension of his/her driver's license in the two (2) years
preceding the date of application;
9.1.6 Not have had convictions for moving
violations totaling eight (8) or more points in the three (3) years preceding
the date of application;
9.1.6.1 No "driving
while under the influence of liquor or drugs" convictions during the preceding
five (5) years.
9.1.6.2 No entries
of "TRIAL WAIVER" (4177B) during the preceding five (5)
years.
9.1.7 Have
graduated from high school or hold a high school equivalency
certificate.
9.1.8 Have both legs
and arms, except that this requirement may be waived in any individual case in
the discretion of the Director, and a certificate issued subject to any
reasonable restrictions.
9.1.9 Must
furnish a certified abstract of a driving record to this Division for all
holders of out-of-state driver licenses. No application or renewal shall be
accepted without such certificate.
9.1.10 In the case of a Commercial Driver
Training School, have completed a two semester-hour, college credit preparatory
course for teachers or an equivalent course approved by the Director.
9.1.11 In the case of a Commercial Truck
Driver Training School, have evidence of United States Department of
Transportation certification and qualify by experience or training, or both, to
instruct students in the safe operation of truck-tractor trailer combination
units.
9.2 No school
shall knowingly employ any person as an instructor or in any other capacity
whatsoever, who has been convicted of a felony or any crime or improper
conduct, involving violence, dishonesty, deceit, indecency, degeneracy or moral
turpitude.
9.3 Unless otherwise
specifically authorized by these regulations, no person, including the owner,
operator, partner or any officer of the licensee, shall give instructions for
hire in the operation of motor vehicles unless such person is the holder of a
current instructor's certificate issued for such purpose by the Director. Such
certificate is to be valid for use only in connection with the business of the
driver training school listed thereon. An (original) instructor's certificate
may only be issued to or subject to renewal by an individual who can comply
with all of the following qualifications:
9.4 Application Procedure
9.4.1 Applications for an instructor's
license must be made by a person desiring such license on forms prescribed by
the Division of Motor Vehicles and the school desiring to employ such person as
an instructor must endorse its consent thereon.
9.4.2 License Fee
9.4.2.1 Every application for an original or
renewal for an instructor's license must be accompanied by a fee of fifty
dollars ($50.00) payable by certified check or money order. The fee shall be in
no event refunded to the applicant or school.
9.4.3 Applicants for instructor's license
will be required to submit one (1) photograph at least 1 1/2 X 1 1/2 in size
taken not more than thirty (30) days prior to date of such application or
renewal thereof, and also will be required to submit to fingerprinting
(Standard Fingerprint Form FD-258), and may be subject to an investigation or
required to submit additional information as the Director may
prescribe.
9.4.4 Application for an
original instructor's certificate must be accompanied by three (3) letters of
reference from reputable members of the community who are not related to the
applicant, attesting to moral character and to their opinion of his/her
apparent teaching ability.
9.4.5 An
applicant for an original instructor's certificate will be required to submit
to special eye, written and road tests which will include a demonstration of
ability to instruct and may be required to submit additional or other proof of
his qualifications as an instructor.
9.4.6 An instructor's license shall be valid
until the end of the calendar year (December 31) following the date of
issuance. Any license lapsed for more than thirty (30) days shall be deemed
permanently lapsed, and renewal of such a license shall be accomplished only
through the same process as for an entirely new license, all forms and
certifications being required.
9.4.7 Surrender of license - Any licensed
instructor who ceases to give instruction for hire in the driving of motor
vehicles for the school for which he/she is licensed shall surrender within ten
(10) days, his/her instructor's license. The owner, partner, or corporate
officer of the school shall be responsible for the return of said license to
the Division upon termination of employment.
9.4.8 Any instructor who loses his
certificate must report the loss thereof immediately, in writing, to the
Division of Motor Vehicles and a duplicate will be issued for a fee of ten
dollars ($10.00) to replace a lost current certificate.
9.4.9 The instructor's certificate must be
carried by the instructor at all times while driving instructions are being
given or when an instructor is accompanying an applicant for a license to the
road test line in a motor vehicle or motorcycle.
9.4.10 The Director shall not issue an
instructor's certificate to any person who is not employed by or
associated with a drivers' school licensed by the Director.
9.4.11 Qualified and recognized experts in
the field of driver training, traffic regulation or motor vehicles may give
occasional classroom lectures without holding a valid instructor's certificate
provided the drivers' school which secures the services of the expert notifies
the Director thirty (30) days in advance, indicating the name, address and
qualifications of the expert and the proposed lecture date.
9.4.12 Holders of instructors' certificates
may be requested to attend a group session at which time the Division will
brief applicants on any new changes in the regulations and laws or new training
techniques, or it may inform them with printed materials through the mail. The
applicants for a renewal of an instructor's certificate may also be required to
submit to psycho-physical tests or to a test of their teaching ability. This
will be done at the discretion of the Director based on the applicant's past
record as an instructor.
9.4.13 If
an instructor possessing a current instructor's certificate desires to be
employed by an additional school or schools, or transfers employment to another
school, he/she will be required to notify the Director in writing within ten
(10) days of said employment.