(1)
Certification Requirements. No person or entity shall
own or operate an establishment to conduct Instruction for Hire unless licensed
by the Registrar in accordance with either M.G.L. c. 90, § 32G and §
32GU. Applicants shall comply with any applicable DOE requirements prior to
engaging in instructional activity.
(2)
Qualifications for a Driver
Education Provider Certificate. In addition to the conditions
specified in either M.G.L. c. 90, § 32G and §
32GV2
(as applicable), and requirements contained in other sections of
540 CMR
23.00, applicants for a driving school license must
satisfy the following requirements. Unless otherwise noted, the requirements
apply to both the initial license and any renewal license.
(a)
Application. An
applicant for a Driver Education Provider certificate shall complete and submit
an application in a form prescribed by the Registrar and:
1. Pay all required non-refundable
fees;
2. Apply for and successfully
pass an inspection of the driver education premises conducted by the Registrar
or his or her designee;
3. Submit a
copy of the program of instruction that meets or exceeds the minimum program
standards established by the Registrar. At the time of application, an
applicant for a driving school certificate shall submit a written course
curriculum describing the classroom and behind the wheel instruction to be
used. The curriculum must demonstrate that it includes such minimum standards
as established by the Registrar. The curriculum shall include a description of
each of the skills/techniques required to be taught and an explanation of the
method and sequence by which they will be taught. Once approved by the
Registrar, a driver training program shall not materially alter a program of
instruction, including the curriculum, without prior written approval from the
Registrar.
4. Submit written proof
of insurance as required by 540 CMR 23.04(3)(c).
5. Provide a performance bond, acceptable to
the Registrar in the amount of $10,000 for a Driver Education Provider with one
location; $25,000 for a Driver Education Provider with up to three locations;
and $50,000 for a Driver Education Provider with more then three locations. The
performance bond shall be held to provide reimbursement to students and/or
parents in the event that the program ceases to function and fails to provide
or complete the contracted instruction.
(b)
Criminal Record
Check. Each applicant, and any officer, director, stockholder,
partner, employee, or any other person directly or indirectly who has a
financial interest in the business, shall be subject to a criminal record
check. A driving school certificate shall be denied if the applicant or any
person who has a direct or indirect financial interest in the business has been
convicted of, pleaded guilty to, or engaged in any conduct proscribed by M.G.L.
c. 90, § 32G or § 32G1/2, as applicable.
(c)
Business
Information.
1. If the applicant
is a corporation, limited liability company or limited liability partnership, a
copy of the applicable Articles of Organization, Certificate of Organization,
or Registration, including registration as a Foreign Corporation doing business
in Massachusetts, required to be filed with the Secretary of State for the
Commonwealth, must be submitted.
2.
If the applicant is either an individual or entity (including a corporation)
conducting business under a trade name, a copy of the business certificate
issued by the municipality where the applicant conducts business or will be
conducting business must be submitted.
3. Each applicant must submit the employer's
federal tax identification number (FID/EIN).
(3)
Terms for Maintaining a
Driver Education Provider Certificate.
(a)
Renewal. In
order to maintain licensure, a Driver Education Provider must annually submit a
renewal application and any required fee.
(b)
Inspection. Each
provider shall cooperate fully with the requests of an RMV inspector and shall
make available any and all records upon request. Each school shall provide RMV
inspectors with an opportunity to observe any classroom or behind the wheel
instruction as requested.
(c)
Insurance Coverage. Each provider shall at all times
maintain current insurance coverage that meets or exceeds the coverage
requirements set by M.G.L. c. 90, § 34A including, but not limited to, the
vehicle liability policy, motor vehicle liability bond and personal injury
protection minimums. All such documentation shall be subject to review by the
Registrar, RMV inspectors, the Commissioner of Insurance and current or
prospective customers.
(d)
Changes in Business Name, Address or Ownership. The
Principal Administrator shall notify the Registrar, in writing, within 30
calendar days of any of the following:
1. A
change in the name or address of the business;
2. A transfer of the business or a change of
ownership, including a change in the form or ownership; except that a transfer
of less than a majority interest in a corporation shall not be considered a
change in ownership.
3. The
dissolving of the business or the ceasing of regular business activity, except
that if the program has taken full or partial payment for student instruction
it will not be providing, or if the program has not provided students who have
completed the program with the required certificate of completion, the
program's Principal Administrator shall inform the Registrar, prior to or
immediately upon cessation of business, of the names and addresses of students
who are owed refunds and the amounts owed to each and the names and addresses
of the students who have completed the program but have not received the
certificate of completion. The Program Administrator shall also provide a list
of each student who has not completed the program indicating the number of
hours of classroom and behind the wheel instruction the student has not
completed or is required to complete for certification.
(e)
Performance Bond
Required. A Professional Driving School and a Driver Skills
Development Program shall maintain a performance bond, acceptable to the
Registrar as described above relative to the application process.