2 Del. Admin. Code § 2218-11.0

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

Section 2218-11.0 - Advertising

Advertising by the driver training school must conform to the following:

11.1 Only schools licensed by the Division of Motor Vehicles may in anyway publicly advertise an offer to provide driver training and safety education to any person for tuition or charge.

11.2 No school or instructor may in anyway represent himself/herself/itself as agents or employees of the Division of Motor Vehicles or any agency or institution or any government.

11.3 No school or instructor may use or allow the use of any advertisement which would reasonably have the effect of leading people to believe that they are or were an agent, representative or employee of the Division of Motor Vehicles or any agency or institution of any government.

11.4 Every advertisement of a driver training school shall show the name, telephone number and address of the school.

11.5 A driver training school may exhibit on its premises or through other advertising media, the wording "THIS SCHOOL IS LICENSED BY THE STATE OF DELAWARE." The lettering of such wording shall not be more than 1/3 the size of the lettering of the name of the school as displayed on the sign or advertisement. However, no school shall advertise that it has been approved by the Division.

11.6 The use of the word "State" in any sign or other medium of advertising, except as permitted by subdivisions (5) and (12) of this section, is not allowed.

11.7 No driver training school shall solicit business or cause business to be solicited in its behalf, or display or distribute any advertising material within a building owned or leased by the State, county or city in which motor vehicle registrations or licenses to a drive motor vehicles are issued to the public, or within 100 feet of the entrance to such a building.

11.8 Advertising on school cars is permitted provided it conforms to the other provisions of this section.

11.9 No driver training school may make any false or misleading claims or statements in any of its advertising.

11.10 In addition to any other sign or signs required by these regulations, a drivers' school must display conspicuously a schedule of fees as filed with the Director and a sign reading "Applicant must be given a contract for all services and a receipt for all payments." All information required to be posted by sign may be incorporated on one sign.

11.11 Except as provided in subdivision (11) of this section, no driver training school may use the words "DRIVER EDUCATION" in any form of advertising, nor imply in any manner that it teaches Driver Education or Adult Driver Education.

11.12 If a driver training school is a member of a bona fide organization whose legal name contains the words "State" and/or "Driver Education" such school may indicate its affiliation with such organization, using the legal organization name, or the official emblem of this organization in its advertising along with the name of the drivers' school as displayed in the same sign or advertisement.

11.13 Effective January 1, 1979: No driver training school will be licensed to do business using a firm name or corporate name which may be similar to, or likely to be confused with: an already licensed driver training school; a fraternal or religious organization ; a motor club; any non-profit or educational institution; any city, county, state or provincial governmental agency or geographical subdivision; or which in any way may tend to imply approval or endorsement by or connection with any firm or organization whose only main function appears to be provided to the school such approval or endorsement. This does not, however, preclude the approval or endorsement of driver training schools by properly established professional associations, or by authorized governmental agencies.

11.14 No driver training school shall be licensed with a firm name or a corporate name which does not clearly identify it as a driver training school. Licenses will not be issued to applicants whose firm or corporate name implies that the school is: an automobile dealer or manufacturer; a motor club; a safety foundation; a department store; a taxi company; a governmental agency or geographical subdivision; or simply an unidentifiable enterprise.

11.15 Each driver training school will use its full legal name in all advertising. It may not use an additional name, or any variation thereof.

11.16 Fraudulent, bait or misleading advertising shall be cause for suspension or revocation of the school's license to do business. Items and services advertised must indeed be available in such a manner as might be expected by the average citizen who reads the advertisement:

11.17 A school may claim it is endorsed by, approved by or that it honors the credit cards of other firms but it can in no way lead people to believe it is the other firm. In all advertisements, if the name of any endorsing, approving, or related firm or person is used, it shall appear in print no larger than 50% of the size of the school's licensed firm name together with an explanation of the relationship between the school and the related firm or person in no less than 12 point type.

CANCELLATION, SUSPENSION, REVOCATION OR REFUSAL TO RENEW

CDTS LICENSES

2 Del. Admin. Code § 2218-11.0