Section 345.36 - Conducting Courses(a) Approval for conducting traffic violator education courses shall be contingent upon the traffic violator school conducting courses as follows: (1) A violator who is unable to provide the data elements provided in Section 345.30(d)(6)(C) of this Article, shall be admitted only as electing to take the course as provided by Vehicle Code section 11200. In this case, completion of the course may not be used to mask a traffic violation on the student's record.(2) Pursuant to Vehicle Code section 11200(b)(1), a disclosure statement shall be provided to any student who is not taking a traffic violator school course to have a violation masked on the record pursuant to Vehicle Code section 41501 or 42005. (A) A student who elects to attend shall be provided the disclosure and required to sign a copy for the school prior to payment of the school fee or attendance to the course.(3) Confidential student information provided as a course requirement shall not be used or provided to a third party for purposes of marketing and/or solicitation. For purposes of this section, "Confidential student information" shall include the student's name, address, telephone number, driver license number, court related violation information, and financial information.(A) Confidential student information shall be safeguarded and secure.(B) Information collected shall not include the mother's maiden name or the student's social security number.(4) Only approved materials shall be provided for student instruction.(5) The school shall not advertise, solicit, or market to a student until after the course has been concluded. No advertisement, offer, or other commercial literature shall be offered during the course.(6) Course completion shall not be made contingent on the purchase of any product.(7) No instructor shall knowingly give false or misleading information to any student.(b) Approval for conducting a traffic violator classroom education course shall be contingent upon the traffic violator school conducting classes as follows: (1) Only one school shall conduct class in any specific classroom at one time.(2) The school shall ensure that students understand the language in which the course is presented by talking with students during registration. Class instruction, including all educational material, handouts, videos and other visual aids used in instruction, shall be presented only in the language specified on the schedule reported to the department and as advertised by the school.(3) The instructor shall have the school's approved lesson plan in his or her possession in the classroom for the duration of the class and shall follow that lesson plan.(4) The instructor shall have a current Vehicle Code in his or her possession in the classroom for the duration of the class.(5) The instructor shall have evidence of licensure, which is specific to the school offering the class, in his or her possession, except as exempted by Vehicle Code section 11206. The identification card issued by the department in accordance with Section 345.02(b) or 345.06(g) shall be used to meet this requirement, unless a permanent license has not yet been issued.(6) The instructor shall ensure that the exterior of the classroom is clearly marked with the school name, as a guide to students. In a hotel or convention center type facility, a notice on the facility's bulletin board or room locator shall be sufficient.(7) The instructor shall identify himself or herself by name to the class, state the full name of the school, and post both names in the classroom.(8) The instructor shall not admit any student to the class if the student arrives more than 15 minutes after commencement of instruction. This provision shall apply to students returning late from lunch or rest breaks. An instructor may admit a student to class who is late less than 15 minutes, provided that the instructor provides the student with a make-up session, which covers the actual class instruction missed by being late, during the lunch break or after normal class hours.(9) The instructor shall ensure that a sign is posted in each classroom for the duration of the class which reads: "No Alcoholic Beverage To Be Consumed Or Possessed By Students During School Hours". Owners, operators, and instructors shall strictly enforce this requirement and shall not permit any person to participate in any class who is under the influence of alcohol, has any alcoholic beverage on his or her person, or who consumes any alcoholic beverage in the classroom.(10) A traffic violator course shall not be combined with any other driver education or driver improvement course.(11) Topics discussed by an instructor or during student participation or audio visual aids shall not include topics which are not of a traffic safety nature, including but not limited to, offering advice on how to beat traffic tickets, courtroom procedures, and police jurisdictions.(12) The instructor shall conduct himself or herself in a professional and courteous manner at all times when students are present. The instructor shall refrain from any conversation related to sex, race, religion, gender, sexual orientation or political affiliation.(13) At the start of any class, the instructor shall explain the effect of attendance on the students' driving records pursuant to Vehicle Code section 1808.7, including situations where a traffic violation may not be masked by attending a traffic violator school. Such situations include: (A) The driver has already attended a traffic violator course within 18 months of the conviction.(B) The person convicted holds a commercial driver license, as defined by Vehicle Code section 15210.(C) The person convicted holds a commercial driver license in another state, in accordance with Part 383 of Title 49, Code of Federal Regulation.(D) The violation occurred in a commercial motor vehicle as defined in Vehicle Code section 15210.(E) The conviction would result in a violation point count of more than one point pursuant to Vehicle Code section 12810.(14) A traffic violator school shall provide an instructor with a student roster for each classroom course. The roster shall include: (A) The school name and license number.(B) The instructor name and license number.(C) The date and location of the class.(D) A list of students, including the name and California driver license number (or birthdate, if the student does not have a California driver license.)(E) The total number of students who attended.(F) An indication of which students listed on the roster successfully completed the course.(G) The following certification signed by the instructor, under penalty of perjury: "I certify that I was the instructor for the course identified on this roster and I further certify that I provided instruction pursuant to the requirements of Article 4.7 to all students listed as completing the course."
(15) The instructor shall validate the student information provided on the roster sheet with the student's actual driver license.(16) A student roster shall not be passed from student to student or handled in a way that would allow a student or any other person to view information related to any other student.(17) If a student fails the required post knowledge test, the school shall offer the student an opportunity to take a second test.(A) If the student passes the second test on the same day as the course instruction was completed, the instructor shall indicate on the roster that the student successfully completed the course. If the student does not pass the second test on the day of instruction, the roster shall not be marked to indicate that the student successfully completed the course.(B) If the student passes the second test at a later date, the traffic violator school operator shall complete a TVS Final Examination Record for Second Attempt, form OL 769 (New 10/2011) which is hereby incorporated by reference. More than one student may be listed on the form, but additional students shall not be added after the operator signs the certification.(c) Approval for conducting a traffic violator home study education course shall be contingent upon the traffic violator school conducting courses as follows: (1) The instructor shall have an approved lesson plan and current California Vehicle Code book on hand when responding to student questions.(2) A licensed instructor shall respond to a student question within 24 hours of receiving it by telephone, facsimile, or electronic mail.(3) All communication from the instructor shall include the school name, school occupational licensing number, instructor name, and the instructor's occupational licensing number.(4) An examination answer key shall not be included in the materials provided to the student.(5) The completed final examination shall be sent to the school office for correction.(d) Approval for conducting a traffic violator education internet course shall be contingent upon the traffic violator school conducting the course as follows: (1) The instructor shall have an approved lesson plan and California Vehicle Code book on hand when responding to student questions.(2) A licensed instructor shall respond to a student question within 24 hours of receiving it by telephone, facsimile or electronic mail.(3) All communication from the instructor shall include the school name, school occupational licensing number, the instructor name, and the instructor's occupational licensing number.(4) No off topic links shall be allowed on the course website.(5) Course web pages shall be free of distractions including flashing, moving, brightly colored, or sexually suggestive text and images.(6) Course web pages shall be free of interruptions including pop-up advertisements.(7) An internet school whose license is expired, suspended, terminated, revoked, or who discontinues doing business shall immediately remove or disable the course website until such time as the department has provided written approval to conduct business again.(8) A notice shall be posted on the website when instruction is not available with an expected time that instruction will again be offered or shall refer the prospective student to the Occupational Licensing Status Information System to allow the student to select another course or school.(9) A student access code shall be made invalid upon issuance of a completion receipt.Cal. Code Regs. Tit. 13, § 345.36
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Renumbering of former section 345.36 to new section 345.33 and renumbering of former section 345.39 to section 345.36, including amendment of section heading, section and NOTE, filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16). Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 1808.7, 11200, 11202, 11206, 11219, 12810, 15210, 41501 and 42005, Vehicle Code; Title 49, Code of Federal Regulations, Part 383.
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Renumbering of former section 345.36 to new section 345.33 and renumbering of former section 345.39 to section 345.36, including amendment of section heading, section and Note, filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).