Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 332.204
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the
department to promulgate administrative regulations to carry out the provisions
of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to
adopt administrative regulations to administer the cabinet. KRS 332.202 and
332.204 require the department to establish a licensure process for driver
training schools for instruction of persons in the operation of motor vehicles
that are not commercial motor vehicles. This administrative regulation
establishes the licensure process and standards for driver training
schools.
Section 1. Driver Training
School Standards.
(1) The driver training
school shall have and maintain an established place of business in the
Commonwealth of Kentucky.
(2) The
established place of business of each driver training school shall be owned or
leased by the driver training school and regularly occupied and primarily used
by that driver training school for the business of:
(a) Giving driving instructions for hire;
and
(b) Preparing members of the
public for examination given by the department for a motor vehicle operator's
license.
(3) The
established place of business of each driver training school shall be located
in a district zoned for business or commercial purposes. The driver training
school office shall have a permanent sign displaying the school name in letters
at least six (6) inches in height and visible from the street or road on which
the school is located. If the classroom is at a different address, the
classroom shall have a permanent sign meeting the same criteria. The hours
during which the driver training is conducted shall also be displayed. If these
requirements do not comply with local zoning laws, the department shall permit
a sign of a type that does comply.
(4) The established place of business or
advertised address of any driver training school shall not consist of or
include a house trailer, residence, tent, temporary address, office space only,
a room or rooms in a hotel, rooming house or apartment house, or premises
occupied by a single or multiple unit dwelling house. This requirement shall
not apply to a driver training school that was already established and
operational on or before June 16, 1966.
(5) The place of business shall be operated
by responsible personnel during stated office hours and shall be open to
inspection of the premises, facilities, records and vehicles by any authorized
representative of the cabinet during this time.
(6) The place of business shall have a
business telephone used exclusively for the operation of the driving
school.
(7) A driver training
school shall employ at least one (1) driver training instructor licensed
pursuant to KRS 332.204 and 502 KAR 10:030.
(8) A driver training school shall have at
least one (1) motor vehicle registered in the name of the school pursuant to
502 KAR 10:070.
(9) A driver
training school shall not transfer its license nor change its place of business
without the prior approval of the department. A transfer of ownership shall be
treated as an initial application for a driver training school
license.
Section 2.
Driver Training School License Application.
(1) A Driver Training School Application, KSP
106, shall be submitted to the Kentucky State Police Driver Testing Branch for
a driver training school facility. If a school has more than one facility, it
shall designate one of the facilities as the primary driver training school
facility.
(2) The application fee
set by KRS 332.204(2) shall be provided with the written application. The fee
may be refunded if the application is denied.
(3) The application shall state:
(a) Name of the driver training
school;
(b) Address of the driver
training school;
(c) Telephone
numbers of the driver training school;
(d) Whether the school is a sole
proprietorship, corporation, or association; and
(e) Name, address, and telephone number of
all owners, partners, associates, processing agents, officers; and
managers.
(4) Each
owner, partner, officer, and manager shall complete a Driver Training
Instructor Application. The health history portion of the application shall not
be required unless the applicant is applying for an instructor's license and to
meet the requirements of 502 KAR 10:030.
Section 3. Driver Training School Branch
Office.
(1) A driver training school branch
office shall meet the standards of a driver training school as required in KRS 332.204 and this administrative regulation.
(2) A Driver Training School Application
shall be submitted to the Kentucky State Police Driver Testing Branch, 1250
Louisville Road, Frankfort, Kentucky 40601 for each driver training school
branch office. The branch office application fee shall be one hundred (100)
dollars for each branch office. Payment shall be in the form of a certified
check or money order made payable to the Kentucky State Treasurer. The fee
shall be provided with the written application. The fee may be refunded if the
application is denied.
(3) If the
application is approved, the department shall issue a copy of the license of
the primary driver training school facility, appropriately endorsed, for use at
the branch office. This copy shall be conspicuously displayed in the branch
office at all times.
(4) A branch
office or its equipment shall not be moved to a new location without prior
approval of the department.
Section
4. Change in License Information.
(1) A Driver Training School License
Information Notice of Change, KSP 115, shall be submitted to the Drivers
Testing Branch for a primary office or a branch office within ten (10) days
for:
(a) Change of school name;
(b) Change of address;
(c) Change of contact information;
(d) Addition, change, or departure of owner,
partner, officer, or manager;
(e)
Closure of a school or branch office. The license shall be surrendered to the
Drivers Testing Branch immediately at 1250 Louisville Road, Frankfort, Kentucky
40601;
(f) Renewal of a driver
training instructor license;
(g)
Transfer of a driver training instructor license;
(h) Change of a driver training instructor's
name or personal information on the license;
(i) Termination of a driver training
instructor;
(j) Addition or removal
of a fleet vehicle; or
(k) Change,
renewal, cancellation, or termination of fleet liability insurance.
(2) The Driver Training School
License Information Notice of Change shall be submitted ten (10) days prior to
cancellation or termination of insurance.
Section 5. Driver Training Motor Vehicles. A
Driver Training School Fleet Information, KSP 118, shall be submitted with the
application listing all motor vehicles owned, leased, registered, or insured in
the name of the driver training school. All motor vehicles shall comply with
the provisions of 502 KAR 10:070.
Section
6. Classroom Facilities.
(1) The
classroom facility of each driver training school shall be reasonably near its
office facility and within thirty (30) minutes normal driving time of that
facility.
(2) The classroom shall
contain sufficient space and equipment to carry on the business of giving
classroom instruction for students enrolled in the driver training school, and
preparing students for examination for a motor vehicle operator's
license.
(3) The classroom facility
shall have adequate lighting, heating, ventilation, and sanitation facilities,
and shall comply with all state and local laws relating to public health,
safety, and sanitation.
(4) The
classroom facility shall contain the following equipment and supplies:
(a) Individual desks or tables providing
writing surfaces for not less than eight (8) students;
(b) Blackboards or whiteboards that are
visible from all seating areas;
(c)
Adequate charts and diagrams or pictures relating to the operation of motor
vehicles and traffic laws;
(d)
Audio visual equipment consistent with modern technology; and
(e) A copy of this administrative regulation
displayed so as to be accessible to all students.
(5) The following suggested teaching aids may
be used:
(a) A reaction time testing
device;
(b) Peripheral vision
testing device;
(c) Magnetic
traffic boards; and
(d) Other
devices that may help to acquaint students with traffic laws and prepare them
to safely operate motor vehicles.
(6) A minimum of four (4) hours of classroom
instruction shall be available to each student receiving driving training from
a driver training school.
Section
7. Theoretical and Practical Instruction.
(1) Practical instruction in driver training
shall;
(a) Include the demonstration of, and
actual instruction in, starting, stopping, shifting, turning, backing, parking,
and steering; and
(b) Take place in
a training vehicle, that meets the regulatory requirements set forth
herein.
(2) Theoretical
instruction in driver training shall include subject matter relating to rules
of the road, safe driving practices, pedestrian safety, mechanics of motor
vehicles, driver responsibility, the Kentucky point system, types of automobile
insurance, and use of automobile safety devices.
Section 8. Student Fees and Charges.
(1) A school shall publish a schedule of fees
or charges for behind-the-wheel lessons, classroom lessons, and all other fees
or charges made by the school. A copy of this schedule shall be filed with the
department at the address in Section 10 of this administrative
regulation.
(2) A school shall
inform each student, prior to the time instruction commences, of the character
and amount of any fees or charges made for enrollment registration, tuition,
and use of any other service, equipment or materials provided by the
school.
Section 9.
Relocation. Prior to the relocation of a driver training school office, branch
office, or any school equipment, the department shall be notified and the new
location shall be inspected and approved, if the school office, branch office,
or equipment complies with the requirements of this administrative
regulation.
Section 10.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Driver Training School Application", KSP 106, 2009 edition;
(b) "Driver Training School License
Information Notice of Change", KSP 115, 2006 edition; and
(c) "Driver Training School Fleet
Information", KSP-118, 2022 edition.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky State Police,
Drivers Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. and at any KSP regional driver testing
office. This material is also available on the agency Web site
kentuckystatepolice.org under driver testing.
STATUTORY AUTHORITY: KRS 15A.160, 332.095, 332.204,
332.216