Current through Register Vol. 28, No. 3, September 1, 2024
6.1 Every Commercial Driver Training School
licensed in the State of Delaware shall file with the Division of Motor
Vehicles, as condition of its continued transaction of such business in this
State, an accident form approved by the Director whenever a student and
instructor have been involved in an accident. This form must provide the
Director of Motor Vehicles with all of the pertinent data concerning said
accident. The Division of Motor Vehicles upon showing sufficient evidence that
the required accident form (s) has not been provided or maintained shall
immediately suspend or revoke the commercial driver training school license and
instructor's license (s) of such school in violation of this section.
6.2 Every Commercial Driver Training School
shall maintain the following records and shall keep them current by posting
each transaction by the close of the business day following the date of
transaction.
6.2.1 A permanently bound book,
with pages consecutively numbered, setting forth the name and address of each
student and the date and number of each student and the date and number of each
contract entered into by the school. Entries are to be maintained in sequence
by contract number.
6.2.2 A folder
file, to be known as the Student Record File, consisting of a student record
card for each student and a duplicate copy of each contract entered into by
that student. The student record card must contain the complete name, address
and telephone number, if any, of such student, the number of each contract
entered into by him, the description of services rendered with date and time
thereof, the name of the instructor performing such services, identification of
the vehicle in which any road lesson or road test is given, and the number of
each receipt given to the student. This file must be maintained in alphabetical
order. The file may be maintained in two parts, active and inactive. The
Student Record Card may not be removed from this file except for posting
transactions.
6.2.3 A permanently
bound book, with pages consecutively numbered, to- be known as the Cash Book,
to record receipts and disbursements: The date of receipt, name of the student
from whom received, receipt number and amount received must be entered therein;
and the date of disbursement, name of payee, description of each disbursement,
and the amount of payment must be entered therein. All invoices and receipts
relating to such disbursement must be retained by the licensee in support of
such entries for a period of at least three (3) years.
6.2.4 A receipt is to be issued each time
monies are paid to the school for instruction, training, materials, or for any
service for which it is licensed and may make a charge. Such receipts must show
the name and address of the school, the receipt number, the name of the student
making the payment, the date of payment, amount paid, service rendered,
contract number, and must be signed by an authorized representative of the
school. The name and address of the school and receipt number must be
preprinted. Receipt numbers must be in sequence and repetition of numbers is
not permissible. The original of each receipt is to be given to the student
or person receiving the service, and the duplicate is to be
retained by the school in numerical order.
6.3 No Commercial Driver Training
School may use any contract except those which has been
approved by the Director.
6.4 All contracts and agreements by or
between any school and any individual for driving instruction shall be in
writing and shall include, but not limited to, the following:
6.4.1 The name and address of the school and
the student, and the number of any license or permit held by the student to
operate a motor vehicle;
6.4.2 A
statement clearly indicating the nature of the instruction being offered;
6.4.2.1 Classroom instruction
6.4.2.1.1 Rate per hour;
6.4.2.1.2 Date and time of first lesson and
each subsequent lesson, the length of each lesson, and the total number of
hours;
6.4.2.2
Behind-the-wheel instruction
6.4.2.2.1 Rate
per hour;
6.4.2.2.2 Date and time
of first lesson and each subsequent lesson, and the total number of
hours;
6.4.2.2.3 Nature of lesson,
whether private or group.
6.4.3 A statement setting forth the contract
price and the terms of payment;
6.4.4 A statement indicating the date when
instruction is to start, the hours of instruction, and the location of the
school;
6.4.5 Neither the term "NO
REFUND" nor a statement that a driver license is guaranteed to the applicant
may be included in any contract. The contract may provide "the school will not
refund any tuition or part of tuition if the school is ready, willing and able
to fulfill its obligations under the contract."
6.4.6 The following statements preprinted
thereon:
6.4.6.1 "This agreement constitutes
the contract between the school and the student, and no verbal statements or
promises will be recognized."
6.4.6.2 "It is hereby understood and agreed
by both this driving school and the pupil executing the contract, as follows:
6.4.6.2.1 No school can secure a driver's
license in any but the regular manner and upon payment of the regular
fees.
6.4.6.2.2 The pupil will
report both to the Director of Motor Vehicles and the proprietor of this
school, any employee of the Division of Motor Vehicles or of this school who
demands money other than the regular fee for a driver's license.
6.4.6.2.3 Any person bribing, or attempting
to bribe, an employee of the Division of Motor Vehicles will be prosecuted for
such offense."
6.5 A duplicating process such as ditto or
mimeograph will not be considered to constitute preprinted for the purposes of
this section.
6.6 No person shall
be given lessons, lectures, tutoring or any other service relating to
instruction in the operation of motor vehicles or motorcycles or rental or use
of road test cars unless and until all applicable provisions of a written
contract have been completed and such contract has been executed by both the
school and the student.
6.7
Contracts to give short review courses may be given, provided:
6.7.1 The student signing the contract has a
valid license, or presents an expired license as evidence of previous
experience, or will sign a statement which will give his/her previous driving
experience that must be at least the equivalent of the minimum course given
(six (6) hours of driving training behind the wheel). This statement must be
kept in the Student Record File.
6.7.2 The total number of such contracts with
any one student shall be no greater than the number of lessons offered by the
school in its shortest driver training course.
6.8 Each school must file and maintain with
the Director a list of those persons authorized or empowered to execute
contracts on behalf of the school. Only the following persons are empowered to
execute contracts: the owner, an officer of the corporation, or a person who
has been given the power of attorney by the school.
6.9 Each school is required to ascertain,
before giving behind the wheel training, that a student possesses a Delaware
learner's permit or a valid driver's license.
6.10 If behind the wheel instruction is
carried on, the student must have a Delaware learner's permit in his immediate
possession, which entitles the student to drive a motor vehicle upon the
highway for a period of 60 days, when accompanied by an instructor who is
actually occupying the seat beside the driver and there is no other person in
the vehicle.
6.11 No school shall
contract to give unlimited lessons, nor shall any school represent or agree,
orally or in writing, to give instructions until a license is obtained by the
applicant, as a part of an inducement to sign any contract. Schools must notify
the Division of Motor Vehicles, in writing, prior to effecting a change in the
fee, or the terms of payment thereof, or the number, length or type of
lessons.
6.12 The loss, mutilation
or destruction of any records which a driver's school is required to maintain
under these regulations must be reported to the Director immediately by
notarized affidavit stating:
6.12.1 The date
such records were lost, destroyed or mutilated.
6.13 All records and contracts must be
retained for three (3) years during which period they shall be subject to the
inspection of the Director or his duly authorized representative at all times
during regular stated business hours.
6.13.1
The circumstances involving such loss, destruction or
mutilation.
