Rule 375-5-2-.21 - General Regulations(1) No license, or permit as provided for by the Georgia Driver Training School License Act will be issued to any applicant who has been convicted of any felony or any crime involving violence, dishonesty, deceit, fraud, indecency or moral turpitude unless such applicant has received a pardon and can produce evidence of such pardon to the Department. When requested, each applicant will furnish a copy of the disposition of any case. For the purposes of this subparagraph, a plea of nolo contendere shall be considered a conviction. For the purposes of this subparagraph, a conviction for which a person has been free from custody and free from supervision for at least ten years will not be considered, unless the conviction is for an offense which is a dangerous sexual offense as defined in O.C.G.A. § 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense.(2) No employee of the Department, nor any employee's spouse, dependent child, dependent stepchild, or dependent adopted child shall be an owner, operator, instructor or employee in any State approved driver training school program.(3) The school shall agree to permit the Department to inspect the school and all records or documents pertaining thereto during normal business hours, and the Department shall have the right and privilege of reproducing such records or documents, as it deems necessary. Normal business hours shall be 10:30 a.m. to 5:00 p.m. daily. Flexibility in the time may be observed as long as the school is open at least six (6) hours per day, at least three (3) hours of which must fall within the period of 10:30 a.m. to 5:00 p.m. Except when a secondary school is licensed as a driver training school or limited driver training school and provides driver training to students other than during normal business hours of the school business office.(4) The school must exhibit on each motor vehicle registered by the Department for the purpose of driver instruction a sign identifying the school by name. This identification may be painted or displayed by decal on the front, side or rear of the vehicle, in clearly legible block letters not less than two (2) inches in size. Any such decal may be permanently affixed or removable and detached when the vehicle is not used for driving instruction. If the identification is not painted on the rear or sides of the vehicle, a portable sign must be attached securely to the rear bumper or to the top of the vehicle so that it is visible from the rear, provided that such sign conforms to the above requirements.(5) A sign must be visible from the rear of the vehicle in clear legible block letters not less than two (2) inches in size with the words STUDENT DRIVER, unless a rear decal or portable sign on the rear bumper or vehicle roof includes the term "Driving School" or "Driver Education" or "Student Driver" and such term is clearly visible from the rear of the vehicle.(6) An owner, instructor, employee, or agent of a driver training school and/or limited driver training school shall not imply, directly or indirectly, to a student that his driver license will be obtained upon the completion of a course of driving instruction by the school.(7) It shall be the duty and responsibility of the driver training school, limited driver training school instructor, or its instructor or agent, to ensure that an unlicensed student meets the vision requirements set forth in Georgia law before any on-street driving instruction is initiated.(8) No person shall perform any instructional duties as an owner or employee of any driver training school and/or limited driver training school or branch thereof unless such person shall meet the qualifications for an instructor as herein provided, and all instructional personnel must possess a valid instructor's license issued by the Department.(9) The instructor's license and the vehicle registration card issued by the Department must be carried in the school vehicle at all times whenever driving instructions are being given.(10) No driver training school or limited driver training school owner, instructor, employee or agent will be permitted to loiter in or on the premises maintained by the Department for the purpose of administering driver license examinations or issuing driver licenses. "Loitering", for the purposes of this subparagraph, shall include a driver training school instructor, employee, or agent remaining or wandering around the Department's premises for the purpose of soliciting business.(11) No driver training school or limited driver training school owner, instructor, employee or agent will be permitted to solicit any individual for the purpose of enrolling such person in any course or service of the school while on the premises or in any office or facility of the Department.(12) No driver training school or limited driver training school instructor, employee or agent will be permitted to use the premises or any office or facility maintained by the Department to give driving instructions to any student.(13) No driver training school instructor, employee or agent shall be attired in any uniform or clothing which would give the appearance of being a member or employee of the Department.(14) Whenever any school or branch thereof shall be discontinued for any reason, the license of such school or branch shall be surrendered to the Department within ten (10) days of the permanent closing of the facility.(15) Whenever any employee licensed by the Department is separated from such school for any reason, the school shall notify the Department within ten (10) days in writing of such separation, giving the name, license number, if applicable, and date of such separation.(16) No driver training school or limited driver training school may sell, transfer, exchange, trade or otherwise dispose of any contract, part of a contract, agreement or obligation by or between any school and any student or instructor unless the school has obtained the written consent of the student.(17) No student may sell, transfer, exchange, trade, or otherwise dispose of any contract, part of a contract, agreement or obligation by or between the school and any student and/or instructor, unless the student has obtained the written consent of the school.(18) Any driver training schools must provide classroom and road training and have proper equipment available for the students.Ga. Comp. R. & Regs. R. 375-5-2-.21
O.C.G.A. Secs. 40-5-21, 43-13-4, 43-13-5, 43-13-8.
Original Rule entitled "General Regulations" adopted. F. Oct. 25, 2004; eff. Nov. 14, 2004.Amended: F. Sept. 11, 2006; eff. Oct. 1, 2006.Amended: F. Sept. 3, 2009; eff. Sept. 23, 2009.