N.Y. Comp. Codes R. & Regs. tit. 15 § 76.21

Current through Register Vol. 46, No. 25, June 18, 2024

Section 76.21 - Advertising

Advertising by drivers' schools must conform to the following:

(a) Schools must not publish, advertise or intimate that a driver's license is guaranteed or assured. The display of signs such as "License or Plates Secured Here" is forbidden, but the words License Plates Secured or License Renewals Secured may be used, if the intent to operate a private service bureau has been filed with the proper drivers' school unit in the central office of the Department of Motor Vehicles, Albany, New York.

(b) Every advertisement of a drivers' school shall show the name and address of the school. The provision in relation to the address of the school shall not be applicable to a sign displayed on the premises of the drivers' school or on a school car or to radio advertising.

(c) A drivers' school may exhibit on its premises or through other advertising media, the wording THIS SCHOOL IS LICENSED BY THE STATE OF NEW YORK. The lettering of such wording shall not be more than one third the size of the lettering of the name of the school as displayed on the sign or advertisement.

(d) The use of the word STATE in any sign or other medium of advertising, except as permitted by subdivisions (c) and (k) of this section, is not allowed.

(e) No drivers' 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 or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public, or within 1,500 feet of the entrance to such a building, or within any designated road test area. If, however, any such display by a sign not immediately removable shall be in existence at a time when any office of the State or county for the issuance of motor vehicle registrations or licenses shall be opened within 1,500 feet thereof or shall be within a road test area subsequently established, a reasonable time, considering any lease or rental provisions and other circumstances relating thereto will be provided by the commissioner for the removal thereof. Notwithstanding the foregoing, a motor vehicle may display the sign or signs required by and described in section 76.11(d)(4) of this Part and section 2.2(c) of this Title.

(f) Notwithstanding the provisions of subdivision (e) of this section, advertising on school cars is permitted provided it conforms to the other provisions of this Part.

(g) No individual, partnership, association or corporation licensed as a drivers' school or as a driving instructor may use or allow the use of any advertisement which would reasonably have the effect of leading people to believe that they are an agent, representative or employee of the Department of Motor Vehicles.

(h) No drivers' school may make any false or misleading claims or statements in any of its advertising.

(i) In addition to any other sign or signs required by this Part, a drivers' school must display conspicuously a schedule of fees as filed with the commissioner and a sign reading "Applicant must be given a receipt for all payments." All information required to be posted by sign may be incorporated on one sign.

(j) Except as provided in subdivision (k) of this section, no drivers' school may use any language stating or tending to imply in any manner that it provides driver education as such term is used and applied in reference to the special qualification for earlier licensing upon successful completion of approved courses in secondary schools or colleges in accordance with the requirements of the Education Department and Department of Motor Vehicles.

(k) The simple reference by a drivers' school to its membership in or affiliation with a bona fide organization whose legal name contains the words STATE or DRIVER EDUCATION shall not be considered violative of the provisions of subdivision (d) or (j) of this section; provided that the affiliation of such school with such organization, using the legal organization name or the official emblem of such organization, may be referred to in its advertising only if the lettering of the name of the organization is smaller than that of the name of the drivers' school.

(l) Any advertisement showing the cost of driving lessons must also contain the duration of each lesson and the number of lessons in characters as large as the cost of each lesson.

(m) Any listing and any display advertising must contain the name of the drivers' school exactly as it appears on the license issued by the commissioner. In any display advertising, the name of the drivers' school must be in type of no less than one half the size as used in the letters of the largest word in such display advertising. Moreover, any symbol, emblem or other trademark cannot contain initials if those initials would imply affiliation with another entity unless it states "affiliated with" or similar wording.

(n) The display advertising may contain a description of the services offered but may not contain any unsubstantiated data or claims. Drivers' schools who advertise explicitly or imply that they have more than one office or branch must in fact have such other office or offices or branch or branches. If the department so requests, a drivers' school must substantiate any claims of affiliation, special services, experience or implied promises of particular instructors.

(o) The drivers' school is hereby declared to be responsible for any advertising of it by its affiliate or affiliates.

(p) If drivers' school services are offered in association with any other entity (e.g., retail store, automobile or motor club, religious or fraternal organization, etc.), the name of the drivers' school must appear in type of at least the same size as that used in the name of the associated entity. In addition, the advertisement must contain the words "in association with" or "affiliated with" or similar wording in order to distinguish between the two entities.

(q) No drivers' school may advertise with a name or endorsement which states or implies that the school is, or is affiliated with, or is a division of, or is approved by, a religious or fraternal organization, an automobile or motor club, a nonprofit foundation or any similar body, group, firm or organization, unless it is established that such endorsing or affiliated entity is indeed established and in existence mainly and primarily for the purpose of serving some function other than the endorsement of a driving school, or other than to provide driving instruction unless it is licensed by the Department of Motor Vehicles as a drivers' school. The drivers' school must also show that such entity derives its primary source of revenue from sources other than drivers' school endorsements, or from sources other than driving instruction unless licensed as a drivers' school by the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.21

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff.9/7/2016