Current through Register Vol. 47, No. 12, March 26, 2025
(a) Repealed and
reserved
(b) Unless otherwise
specifically authorized by this Part, no person, including the owner, operator,
partner or any officer, manager, employee or associate of the licensee, shall
give instruction 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 commissioner. Such certificate is to be valid for use only in connection
with the business of the drivers' school listed thereon. An original
instructor's certificate may only be issued to a person who can comply with all
of the following qualifications:
(1) is the
possessor of a driver's license valid for operation in this State, which
license shall authorize, but not be limited to, the type of driving which the
person shall be teaching;
(2) has
had at least two years of recent licensed driving experience in New York State
or such experience in another state as evidenced by a certified abstract of
driving record from such state, which licensed driving experience shall
include, but not be limited to, experience in the type of driving which the
person shall be teaching;
(3) has a
high school or high school equivalency diploma or, subject to the conditions
contained in subdivision (q) of this section, a military general equivalency
diploma;
(4) is of sound mind and
good moral character;
(5) has
vision in both eyes, with a minimum of 20/40 corrected vision when looking with
both eyes; provided, however, that a person with vision in only one eye may be
certified for a classroom instruction and may also be certified for in-car
instruction if he demonstrates to a license inspector with a student in-car
that he has compensated for his loss of vision;
(6) has both legs and arms, except that this
requirement may be waived in any individual case in the discretion of the
commissioner, and a certificate issued subject to any reasonable
restrictions;
(7) in order to be
approved to conduct the written, road sign and road tests and accept visual
acuity reports for instructor applicants, an instructor must have an MV-524
(Drivers' School Instructor's Certificate) and must have completed a course in
teaching techniques and methodology (30 hours) in addition to the basic 30
hours instructor's course and have five years of experience as a driving
instructor, or the instructor may have an MV-283B (Instructor's Certificate
Permanent) and two years of appropriate experience; and
(8) an instructor must be at least 21 years
of age in order to be the supervising driver giving behind-the-wheel
instruction where the student driver is the holder of a learner
permit.
(c)
Application.
(1) Applications
for an instructor's certificate must be made by the person desiring such
certificate on forms prescribed by the commissioner and must have endorsed
thereon the consent of a licensed drivers' school desiring to employ the
applicant. Any applicant for an original driving instructor's certificate must
successfully complete a course in driver training and traffic safety, approved
by the commissioner, consisting of at least 30 hours, prior to the expiration
date of the original certificate issued, except that if the original
certificate when issued will expire in less than six months, such course must
be completed prior to the expiration date of the first renewal certificate
issued. The completion of such course in driver training and traffic safety
shall not be required if the holder of a current and valid certification by the
Education Department is qualified to give driver education and training
instruction in the secondary or higher schools of New York, nor shall such
course in driver training and safety be required of the holder of a valid
certificate of training issued by the Motorcycle Safety Foundation, or other
evidence of motorcycle teacher training approved by the commissioner in order
to be engaged in teaching motorcycle operation; and except that where the
course is not available within a reasonable distance from the drivers' school,
the commissioner may renew the certificate upon the condition that the
applicant complete the first available course, but in no event shall such
certificate be renewed without such course more than two times.
(i) If an applicant has failed to meet the
condition concerning completion of the required course, no subsequent original
certificate may be issued until such course has been successfully
completed.
(2) Every
original application for an instructor's certificate shall be accompanied by
the appropriate fee, which shall not be refunded and shall be subject to
payment of an appropriate renewal fee by check, money order, or other payment
method as prescribed by the commissioner.
(3) Applicants for an instructor's
certificate will be required to submit one photograph at least 11/2 inches by
11/2 inches in size taken not more than 30 days prior to the date of such
application or renewal thereof, and also will be subject to an investigation or
required to submit additional information as the commissioner may
prescribe.
(d) An
applicant for an original instructor's certificate will be required to submit
to and pass special eye, written, road sign 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. The written, road sign
and road tests, as established by the commissioner, may be given by a motor
vehicle employee or a driving instructor approved by the department to give
these tests pursuant to paragraph (b)(7) of this section. The vision test must
be conducted by a health care professional listed in section
5.2(d) of this
Title. The applicant will be permitted two chances to qualify on each of the
tests required on an application except for the road test. A failure on the
road test will void the application.
(1) A
person holding a driver education instructor's certificate (MV-283) is exempt
from the written and road sign tests. Such person, however, is required to take
the instructor's road test and vision test.
(2) An applicant for an instructor's
certificate must be licensed, for a minimum of two years immediately prior to
the date of application, to operate the type of vehicle in which they will give
driving instruction. Such license must include all endorsements for the
operation of such vehicle. The applicant must not have any restrictions on such
license that would prohibit operating such vehicle. Qualification on the
instructor's road test for an appropriate type of vehicle is also required, in
all cases, before an instructor's certificate (MV-524) endorsed for instructing
on vehicles requiring this license class may be issued.
(e) Original instructors' certificates shall
be valid from the date of issuance and will expire on the last day of the 12th
month following the date of issuance. Upon approval of an application to renew
an instructor's certificate, the commissioner will issue a renewal which shall
be valid for a two-year period from the date of issuance, except in the case
where the instructor's driver license is issued by a state other than New York.
In such case, the instructor's certificate shall be valid from the date of the
New York issuance and will expire on the last day of the 12th month following
the date of issuance.
(f) An
instructor's certificate must be surrendered by the instructor to the drivers'
school employer who shall surrender it to the proper drivers' school unit in
the central office of the Department of Motor Vehicles, Albany, New York,
immediately upon termination of an instructor's services with or by any
drivers' school designated on such certificate.
(1) At the time of terminating any
instructor's services, the designated school must submit a notice on form
MV-526 provided by the department as to the termination of such instructor's
services, which notice shall also set forth on the face thereof the name,
address and certificate number of such instructor and the total amount of
logged time rendered by such instructor in behind-the-wheel instruction for the
account of the school. The reason or reasons for the termination of such
instructor's services shall be endorsed on the back of such form along with the
particulars thereof. A duplicate copy of such form shall be provided by the
school to the instructor so terminated.
(2) The surrendered instructor's certificate
will be returned to the instructor by the Department of Motor Vehicles upon
request, without testing, if the instructor resumes employment prior to the
expiration of the certificate. An instructor's certificate may be renewed,
without testing, within the period of one year from its date of expiration only
if the instructor resumes employment and submits the proper forms and fee. An
application received more than one year from the date of expiration of the
instructor's certificate would be considered an original application in respect
to the testing provisions of subdivision (d) of this section.
(g) Any instructor who loses his
certificate must report the loss thereof immediately, in writing, to the proper
drivers' school unit in the central office of the Department of Motor Vehicles,
Albany, New York, and a duplicate will be issued to replace a lost current
certificate.
(h) 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.
(i) The commissioner shall not issue an
instructor's certificate to any person who is not employed by or associated
with a drivers' school licensed by the commissioner.
(j) No instructor's certificate shall be
valid except for the purpose of the giving of instruction by the holder thereof
in the course of his employment or association with the drivers' school
designated thereon and for the account of such school. The giving of any
instruction for hire in violation of the foregoing provisions shall render such
instructor's certificate invalid and subject to forfeiture and immediate
surrender to the drivers' school employer for subsequent surrender to the
Department of Motor Vehicles.
(k)
Any instructor whose certificate shall be subject to surrender by reason of
termination of his services by the drivers' school designated thereon or whose
certificate shall be invalidated by reason of violation of the provisions of
subdivision (k) of this section, and who shall not promptly surrender such
certificate, shall be subject to proceedings upon reasonable notice and
departmental hearing for the suspension or revocation of his instructor's
certificate.
(l) Qualified and
recognized experts in the field of driver training, traffic regulation or motor
vehicles may give occasional classroom lectures (not including the
pre-licensing course lectures) without holding a valid instructor's
certificate. The school shall maintain a record, indicating the name, address,
qualifications of the extent and lecture date, and shall make all such records
available for inspection by the commissioner if he desires to inspect
them.
(m)
Denials of
instructor's certificate.
(1) No
applicant, except in the discretion of the commissioner, will be issued an
instructor's certificate, or a renewal thereof, who has had his driver's
license or his out-of-state driver's privilege suspended or revoked within the
24 months immediately prior to the date of application either in New York State
or any other state, except that this provision shall not apply to a temporary
suspension. No renewal of an instructor's certificate will be issued to an
applicant whose last preceding instructor's certificate or any last preceding
instructor's certificate, if he held more than one, was not surrendered in
pursuance of the provisions of subdivision (f) or (k) of this
section.
(2) An application for
instructor's certificate or a renewal thereof may be denied, if in the
discretion of the commissioner, such applicant's driving record indicates a
lack of the qualities or competence desirable for a driving instructor. No such
denial shall be made for a period of less than 30 days nor more than one year,
based upon the same occurrences. Any such denial shall not become final until
after a hearing if the applicant requests in writing within five days after
receipt of notice of such denial a hearing.
(n) Holders of instructors' certificates may
be required to attend a group session at which time the Department of Motor
Vehicles 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 commissioner based
on the applicant's past record as an instructor.
(o) If an instructor possessing a current
instructor's certificate desires to be employed by an additional school or
schools, an additional certificate or certificates will be issued for such
purpose without fee.
(p) An
applicant who does not possess a high school or high school equivalency
diploma, but who possesses a military general equivalency diploma, may file an
application for an instructor's certificate, provided such application is
accompanied by proof that the applicant has filed for a New York State high
school equivalency diploma. An instructor's certificate may be issued to such
an applicant which shall be conditional upon the applicant submitting proof of
having obtained a New York State high school equivalency diploma within six
months from the issuance of such certificate.
