2 Del. Admin. Code § 2218-12.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 2218-12.0 - Procedures

12.1 The license of any Commercial Driver Training School or Commercial Truck Driver Training School may be suspended or revoked by the Division of Motor Vehicles for violation of Chapter 83 of the Delaware Motor Vehicle Laws or of these rules and regulations adopted by the Director for any of the following reasons:

12.1.1 The conviction of the licensee or any partner, officer, agent or employee, of a felony or of any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude or

12.1.1.1 Where the licensee has been found by the Division to be involved in improper conduct involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude, while acting as a commercial driver training instructor.

12.1.2 Where the licensee has made a material false statement or concealed a material fact in connection with his/her application for a license or a renewal thereof.

12.1.3 Where the licensee has failed to complete and submit an accident form to the Division of Motor Vehicles whenever student and instructor have been involved in an accident. Forms can be obtained from the Division of Motor Vehicles.

12.2 The Director may cancel, suspend, revoke or refuse to issue or renew a school or instructor's license in any case where he/she finds the licensee or applicant has not complied with or has violated any of the provisions of the law or regulations promulgated by the Director.4. Where the licensee or any partner, officer, agent or employee of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another to resort to fraud or fraudulent practices in relation to securing for himself/herself or another a license to drive a motor vehicle or motorcycle. The term "fraudulent practices" as used herein shall include, but shall not be limited to, any conduct or representation on the part of the licensee, or any partner, officer, agent or employee of a licensee, tending to induce another or to give the impression that a license to operate a motor vehicle or motorcycle, or any other license, registration or service granted by the Director may be obtained by any means other than the ones prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, exacting or collecting money for such purpose.

12.3 Upon written request of licensee or any partner, officer, agent or employee of such licensee who has been so suspended or revoked. The Director of Motor Vehicles shall afford the person(s) an opportunity to be heard. Such written request must be filed with the Director of Motor Vehicles within 14 days after receipt of a copy of the order of suspension or revocation. The hearing shall be before the Director or his/her designated representative. Any such hearing shall be held within thirty (30) days after the date upon which the Director received the timely written request, unless there is a postponement or continuance. The Director may postpone or continue any hearing on his/her own motion, or upon written application of such person(s) for good cause shown. During the pending of any such hearing, the suspension or revocation of the commercial School license and/or instructor(s) certificate, the same shall be forthwith returned pending the outcome of such hearing, unless action taken was based upon a conviction of the licensee or any partner, officer, agent or employee of such licensee, of a felony or of any crime, or improper conduct, involving violence, dishonesty, indecency, degeneracy or moral turpitude or where the licensee has been found by the Division to be involved in improper conduct involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude, while acting as a commercial driving school instructor.

12.4 Any licensee or any partner, officer, agent or employee of such licensee, whose license and/or instructor's certificate(s) has been suspended or revoked shall pay a fee of fifteen ($15.00) dollars at the end of such suspension or revocation for the return of the school license and/or instructor's certificate(s) to help defray the cost or clerical work, investigation and like activities incidental to the enforcement of the rules and regulations for conducting a Commercial Driver's School in the State of Delaware.

The action of the Director in refusing to issue a renewal, or suspending or revoking a license or instructor's certificate, may be appealed to the Superior Court in the county wherein such licensed school is located or licensed instructor(s) resides.

FOR DMV USE ONLY:______________

ISSUE DATE:______________

LIC. #:______________

STATE OF DELAWARE

DEPARTMENT OF PUBLIC SAFETY

DIVISION OF MOTOR VEHICLES

Application for Commercial Driver Training School License

(Please Type or Print)

Date:_____________________________________________________________

Name of School:____________________________________________________

Office Address:_____________________________________________________

_____________________________________________________

Office Telephone #: _______________________________

Owner's Name: Owner's Address: _____________________________________

Owner's Telephone #: Location of Classroom(s): _________________________

_________________________

Type of Business (circle one):

Sole Proprietor Partnership Corporation Association

List the name, title, and address of all Owners, Partners, Members and Officers:

Name Title Address

Please answer the following questions in full:

1) Has anyone mentioned above ever operate a Commercial Driver Training School before? If yes, please explain

2) Has anyone mentioned above ever been convicted of a felony? If yes, please

explain

3) Is your Commercial Driver Training School located in a-business district?

Yes or No

4) Is your Commercial Driver Training School operated from any of the following:

House trailer; Residence; Temporary address; Room or rooms in a hotel or motel;

Rooming house; Garage: Single or multiple dwelling unit?

Yes or No

5) Is your Commercial Driver Training School the only business conducted at that address? If no, please explain

______________________________________________________________________

______________________________________________________________________ ______________________________________________________________________

6) Does your Commercial Driver Training School maintain or have available a permanent classroom facility?

Yes or No

7) Does your Commercial Driver Training School maintain a permanent office facility?

Yes or No

8) Indicate the number of square feet of office space:

9) Indicate the number of square feet of classroom space:

10) For how many students do you have seating available?

11) Are writing surfaces provided for each student seated in your classroom?

12) Do the vehicles used for instructional purposes by your Commercial Driver

Training School meet the requirements of Section 7 of the Rules and Regulations

Governing the Licensing of Commercial Driver Training Schools and Instructors?

Yes ~ or No

13) Does your classroom facility contain the following: Yes No

Charts

Textbooks

Diagrams

Reference Books

Audio Driver Training Films

Audio Driver Training Slides

Testing Aids

Please list any additional training items:

14) Do you operate a branch office? If yes, please indicate the name (if different from the main office), location, and all instructors

Schedule of Fees

Course of Instruction Amount Terms (weekly/monthly)

With use of school vehicle

for driver training only

With use of school vehicle

for driver training law test

With use of school vehicle

for road test only

With use of students car

for driver training only

With use of students car

for road test only

With use of students car for

driver training and road test

Instructor to accompany student to road test in students car

Classroom training only

Other

Please list all persons authorized to sign contracts:

Name and address Title or Position

________________________________________________________________

Please list all persons licensed by the state of Delaware who are employed or associated with this Commercial Driver Training School or have filed for an instructor's license with the State of Delaware:

Name Driver's License Number

________________________________________________________________________________________________________________________________________________________________________

Conditions

As a condition for the issuance and the continued effect of a Commercial Driver Training School License, the undersigned undertake and agree to all of the following conditions:

1) To maintain adequate records as prescribed from time to time by the Director of the Division of Motor Vehicles and to permit the inspection of such records by the Director, his or her deputies or any designated personnel or any law enforcement officer at reasonable times. The Division of Motor Vehicles considers reasonable time as the working hours of the Division: 8:00 a.m. to 4:30 p.m., Monday, Tuesday, Thursday, and Friday and noon to 8:00 p.m. on Wednesday.

2) To advise the State of Delaware, on forms supplied by the applicant, whenever an instructor's employment is terminated by the applicant and a brief statement concerning the reasons for such termination.

3) To comply with all state laws and regulations, and all county and municipal regulations and ordinances relating to public and county health and public safety for the school and business facility.

4) To comply with all the provisions of Title 21, Motor Vehicle Laws of the State of Delaware, and the rules and regulations relating to Commercial Driver Training Schools.

5) To advise the Delaware Division of Motor Vehicles within 10 (ten) days of any material change in the application or the schedules which are made a part thereof.

I, the undersigned, certify that I have read the laws, rules, and regulations governing Commercial Driver Training Schools and that I agree to abide by the rules, regulations and laws set forth and further affirm that all statements made by me in this application are true and correct to the best of my knowledge.

Each owner, partner, or officer of the Commercial Driver Training School must sign in the space provided below in the presence of a Notary.

Signature Title

Sworn to and Subscribed before me this day of 19

___________________________________

Notary

********************************************************************************************

To knowingly make a false statement or conceal a material fact in this application shall result in the revocation of your Commercial Driver Training School License.

The licensee shall file with the Director of the Division of Motor Vehicles evidence of insurance with a company authorized to do business in the state, in the amount of at least $25,000 because of bodily injury to, or death of any one person in any one accident and, subject to said limit for one person; to a limit of $50,000 because of bodily injury to, or death of two or more persons in any one accident; and to a limit of $10,000 because of injury to or destruction of property of others in one accident.

Evidence of such insurance coverage must be in the form of a letter or certificate from the insurance carrier, which shall stipulate that the Director of the Division of Motor Vehicles shall be notified 10 (ten) days prior to the policy expiration or cancellation. Such notice of expiration or cancellation shall be mailed to the Director of the Division of Motor Vehicles, P. O. Box 698, Dover, DE 19903.

As required by law, a licensing fee in the amount of $115.00 (non-refundable) must accompany this application. * All original applications also require an investigation fee of $50.00 to defray the cost of clerical work, investigations, and like activities for the enforcement of the Rules and Regulations Governing the Licensing of Commercial Driver Training Schools and Instructors.

Please forward the completed application, including sample copies of contracts and schedule of fees, along with a check or money order made payable to the Division of Motor Vehicles to:

Division of Motor Vehicles

Attention: Commercial Driver Training

P. O. Box 698

Dover, DE 19903

********************************************************************************************

FOR DMV USE ONLY:

® Approved ® Disapproved

Reason:

By: Date:

Director of Motor Vehicles

EXPIRATION DATE INSTRUCTOR NO.___________

STATE OF DELAWARE

DEPARTMENT OF PUBLIC SAFETY

DIVISION OF MOTOR VEHICLES

Application for LICENSE COMMERCIAL DRIVER TRAINING INSTRUCTOR

(Please Print or Type)

Pursuant to Chapter 83, of the Delaware Motor Vehicle Laws, the undersigned does hereby apply for a license as Instructor for ____________________Driving School.

NAME

LAST FIRST MIDDLE

HEIGHT FT. INS. LBS.

COLOR HAIR COLOR EYES

HOME ADDRESS

Street city State Zip

Telephone No.

SCHOOL ADDRESS

Street City State Zip

Telephone No.

PLACE OF BIRTH DATE OF BIRTH

DRIVER LICENSE NO. STATE EXPIRATION

Have you ever previously been a licensed driver training instructor in Delaware

List names and addresses of all Driver Training schools at which you have been employed.

Type of Name Attended Year Degree

School Address From To Graduated or

Mo. Yr. Mo. Yr. Diploma Year Recd.

High

School

College or

University

If you did not graduate, what is the highest grade completed?

Have you passed High School

Equivalency Test? Yes No

Have you completed a Course

in Driver Education? Yes No

List employment for last 5 years---most recent employment

first---also include current.

Name of Firm______________________________________________

Address__________________________________________________

Dates employed from____________ To____________

Name of Firm ______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

Name of Firm ______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

Name of firm______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

Name of firm______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

ANSWER THE FOLLOWING WITH "YES" OR " NO"

(If answer is Yes, explain fully on another sheet.)

1. Have you ever been known by any other name than that shown on application?

2. Have you ever been charged with, or convicted of a felony or misdemeanor?

3. Do you now or have you ever used narcotics?

4. Have you ever been charged with, or convicted of perjury or making- of any false statements?

5. Have you ever been charged with, or convicted of any traffic violations other than parking-violations?

6. Are you now involved with any charges or court proceedings relating to matters stated in above questions?

7. Has your license to drive in Delaware or any other State ever been suspended, revoked, cancelled or denied?

8. Has your Commercial Drivers Training School and/or instructors license ever been suspended, revoked cancelled or denied?

9. Do you own or lease the Driver Training School vehicles?

10. Are all vehicles insured?

"No" Answers may be explained in this space.

Attach Recent

Photo Date photo was taken. A $50.00

fee for either original or

renewal, required by law, must

accompany this application,

to be forwarded to the

Division of Motor Vehicles,

P.0. Box 698, Dover, DE 19901.

Right

Index Finger

The applicant agrees that:

1. If I terminate employment with Drivers Training School listed herein, I will surrender my license to instruct at said school.

2. If I become employed by another Drivers Training School, I will make application for a new instructors license for said school.

3. In the event of a review of the department's records it is determined that I am not entitled to the license, I will surrender my license at the school listed herein:

4. I have read the entire foregoing application and theinformation given by me on this application is accurate and true to the best of my knowledge. And I understand that any false statement will result in the cancellation of my Drivers Training School instructor's license that has been issued to me. I hereby authorize Delaware's Division of Motor Vehicles to make any investigation and inquiry necessary to evaluate this application.

Sign Full Name _______________________________ Date _____________

This application must be signed by an authorized official of the Drivers Training School.

Official's Signature _______________________________Date__________

Subscribed and sworn to before me this day of 19

Notary Public ______________________________________

Notary's Address______________________________________

This application: Approved______________________________________

Disapproved By ______________________________________

Director of Motor Vehicle:______________________________________

Date______________________________________

Reason Disapproved:______________________________________

2 Del. Admin. Code § 2218-12.0