N.J. Admin. Code § 13:23-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:23-2.1 - Licenses

(a) Every person proposing to engage in the business of conducting a driving school shall be licensed by the Chief Administrator prior to engaging in such business.

(b) A driving school license, either initial or renewal, shall not be issued unless at least one motor vehicle, which is owned or leased by the driving school and registered in the name of the driving school or the lessor, is insured and equipped in accordance with 13:23-2.28.

(c) A license, either initial or renewal, shall not be issued until compliance with the conditions in this subchapter has been effected.

(d) In accordance with 39:12-2, a driving school license, either initial or renewal, shall not be issued unless an owner of the driving school or an employee thereof is a qualified supervising instructor. In accordance with 39:12-2.1, a person shall receive hour-for-hour credit from the Commission for the person's behind-the-wheel instructional experience in a public or non-public secondary school toward the fulfillment of the behind-the-wheel hourly instructional requirement for classification as a qualified supervising instructor imposed pursuant to 39:12-2. In order to maintain licensure during the term of the license, an owner of the driving school or an employee thereof shall be a qualified supervising instructor. Compliance with the qualified supervising instructor requirement set forth in 39:12-2 shall not be attained by means of subcontracting.

(e) A driving school license, either initial or renewal, shall not be issued unless the applicant therefor has filed with the Commission a surety bond in the amount of $ 10,000 issued by a company authorized to transact surety business in this State and payable to the New Jersey Motor Vehicle Commission. The surety bond shall be filed with each initial application and each renewal application and shall cover the entire term of the license. If a surety bond is cancelled or terminated for any reason during the term of the license, the company that issued the surety bond shall immediately notify the Chief Administrator of such cancellation or termination. The licensee shall immediately obtain and file with the Chief Administrator a replacement surety bond that shall cover the remaining term of the license.

N.J. Admin. Code § 13:23-2.1

Amended by R.1984 d.216, effective 6/4/1984.
See: 16 N.J.R. 209(a), 16 N.J.R. 1354(a).
"Subchapter" changed to "subchapter".
Amended by R.1991 d.371, effective 7/15/1991.
See: 23 N.J.R. 662(a), 23 N.J.R. 2151(a).
Changed heading from "Drivers' Schools" to "Driving Schools". Changed "drivers' school" to "driving school" in (a). Changed "approved for drivers' school use" to "equipped in accordance with the provisions of N.J.A.C. 13:23-2.8 by the driving school" in (b).
Amended by R.1996 d.265, effective 6/3/1996.
See: 28 N.J.R. 1479(a), 28 N.J.R. 3004(a).
Amended by R.1999 d.186, effective 6/7/1999.
See: 31 N.J.R. 744(a), 31 N.J.R. 1499(b).
In (d), added a second sentence; in (e), substituted a reference to surety bonds for a reference to noncancelable surety bonds in the first sentence, and added the third and fourth sentences.
Amended by R.2004 d.444, effective 12/6/2004.
See: 36 N.J.R. 2180(a), 36 N.J.R. 5372(a).
Rewrote the section.
Amended by R.2007 d.236, effective 8/6/2007.
See: 38 N.J.R. 4405(a), 39 N.J.R. 3391(a).
Rewrote (b).