Code of Vermont Rules
Agency 14 - AGENCY OF TRANSPORTATION
Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT
Chapter 039 - OPERATION OF DRIVER TRAINING SCHOOLS AND INSTRUCTORS GIVING DRIVER TRAINING INSTRUCTIONS FOR HIRE
Section 14 050 039 - OPERATION OF DRIVER TRAINING SCHOOLS AND INSTRUCTORS GIVING DRIVER TRAINING INSTRUCTIONS FOR HIRE

(a) Each school must have at least one licensed driver training instructor. The driver training instructor must, in addition to the driver training instructor license, hold a valid drivers license or CDL with the appropriate class and endorsement/s applicable for the type of instruction being given.

(b) Driver Training School licenses are not transferable. In the event of any change of ownership or interest in business, an application for a new license must be filed. The Commissioner of Motor Vehicles shall be notified immediately in the event the school is sold or ceases operation and the existing license returned to the Department of Motor Vehicles, Montpelier, Vermont.

(c) The Commissioner of Motor Vehicles must be notified of any change of address within thirty days. No Driver Training School may change the location of its facilities without prior approval from the Department of Motor Vehicles.

(d) The Commissioner of Motor Vehicles must be notified in writing of any change in partners, or any change in officers or directors of any corporation holding a license. In such case each new partner of a partnership or each new officer or director of a corporation must supply the same information as required on an original application of the partnership or corporation.

(e) Each licensee shall maintain the following records setting forth the name, date of birth, license or learner permit number, start and finish dates of instruction, total fees collected from each student and student's certificate number if applicable; instruction license number of the instructor who provided the instruction, and the number of hours and category of instruction provided. Such records shall be open to inspection by any properly identified employee of the Department of Motor Vehicles during reasonable business hours, but shall be for the confidential use of the Department of Motor Vehicles.

(f) The loss, mutilation, or destruction of any records which a driver training school is required to maintain as outlined in paragraph "e" above, must be reported to the Commissioner of Motor Vehicles immediately stating the date and circumstances involving such loss, destruction, or mutilation.

(g) Any records required under these rules shall at all times be up-to-date and must be retained for the period which includes the present and immediate prior license period.

(h) Each person granted a Driver Training School license shall display the same conspicuously on the school premises.

(i) A licensee shall not publish, advertise, or intimate that an operator's license is guaranteed or assured.

(j) Advertisements and promotional literature shall be devoid of false, misleading or exaggerated information or impressions. Advertisements shall contain the name, business address and telephone number of the school. No school shall use the term "accredited" or any of its synonyms unless it also indicates the agency or organization granting such accreditation. Driver Training Schools may use the words, "licensed by the Department of Motor Vehicles". Other wording which suggests compliance with state rules or statutes, or the word "approved" or any of its synonyms shall not be used.

(k) During instruction no one shall occupy the front seat of the motor vehicle except the instructor and the student operating the vehicle. No child under the age of fifteen shall be permitted to be in the vehicle while driving instructions are being given.

(l) An applicant for an instructor's license will be required to submit to such physical, written, and road tests, or to furnish such other proof of his/her qualifications as an instructor as the Commissioner of Motor Vehicles may require.

(m) An applicant for an instructor's license must be at least twenty-one years of age on date of application.

(n) Driver Training Schools must provide proof of zoning compliance or a signed statement from a municipal government agency upon application for initial licensure.

(o) Each driver training school shall provide a classroom facility which:

(p) The training range area for commercial motor vehicle training must encompass an area of a minimum of 20,000 square feet suitable for commercial motor vehicle training and must be posted or barricaded so as to prevent other vehicular traffic from entering the area. The configuration of the training range area must be approved by the commissioner of motor vehicles.

(q) Each driver training school shall provide vehicles which;

(r). Driver Training Schools shall meet the following:

(s) Qualified persons who are contracted or employed as guest speakers or instructors, or those who provide specialized components of instruction only, are exempted from the general requirements pertaining to licensing of instructors. The use of these types of instructors or guest speakers must be approved by the commissioner of motor vehicles.

(t) Instructors shall not use the Department of Motor Vehicles - designated road test routes as the basis for behind-the-wheel training.

(u) Driver Training Schools shall be open to inspection and evaluation by authorized DMV personnel during reasonable business hours. Such inspection and evaluation may require that DMV personnel be present at actual classroom, range and on-the-road training sessions.