NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 873

SENATE BILL 65

 

 

AN ACT TO PROVIDE FOR THE REGULATION AND LICENSING OF DRIVER TRAINING SCHOOLS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 20 of the General Statutes is hereby amended by adding thereto a new Article to be designated as Article 14 and to read as follows:

"ARTICLE 14.

Driver Training School Licensing Law.

"§ 20-330.  Definitions. As used in this Article:

(1)        'Commercial driver training school' or 'school' means a business enterprise conducted by an individual, association, partnership or corporation which educates or trains persons to operate or drive motor vehicles or which furnishes educational materials to prepare an applicant for an examination given by the State for an operator's or chauffeur's license or learner's permit, and charges a consideration or tuition for such service or materials.

(2)        'Instructor' means any person who operates a commercial driver training school or who teaches, conducts classes, gives demonstrations, or supervises practical training of persons learning to operate or drive motor vehicles in connection with operation of a commercial driver training school.

(3)        'Commissioner' means the Commissioner of Motor Vehicles.

§ 20-331.  Enforcement by the Commissioner of Motor Vehicles. (a) The Commissioner shall, subject to the provisions of Article 18 of Chapter 143 of the General Statutes of North Carolina, adopt and prescribe such regulations concerning the administration and enforcement of this Article as are necessary to protect the public. The Commissioner or his authorized representative shall have the duty of examining applicants for Commercial Driver Training School and Instructor's Licenses, licensing successful applicants, and inspecting school facilities and equipment.

(b)        The Commissioner shall administer and enforce the provisions of this Article, and may call upon the State Superintendent of Public Instruction for assistance in developing and formulating appropriate regulations.

§ 20-332.  License for Schools; Requirements. (a) No commercial driver training school shall be established nor any such existing school be continued on or after July 1, 1965, unless such school applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.

(b)        Regulations adopted by the Commissioner shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, financial statements, schedule of fees and charges, character and reputation of the operators, insurance, bond or other security in such sum and with such provisions as the Commissioner deems necessary to protect adequately the interests of the public, and such other matters as the Commissioner may prescribe.

§ 20-333.  License for Instructors; Requirements. (a) No person shall act as an instructor on or after July 1, 1965, unless such person applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.

(b)        Regulations adopted by the Commissioner shall state the requirements for an instructor's license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, knowledge of the motor vehicle laws and safety principles, previous personal and employment records, and such other matters as the Commissioner may prescribe, for the protection of the public.

§ 20-334.  License Fees. All licenses issued under the provisions of this Article shall expire on the last day of June in the year following their issuance and may be renewed upon application to the Commissioner as prescribed by his regulations. Each application for a new or renewal school license shall be accompanied by a fee of twenty-five dollars ($25.00), and each application for a new or a renewal instructor's license shall be accompanied by a fee of five dollars ($5.00). The license fees collected under this Section shall be placed in a special fund to be designated the 'Commercial Driver Training Law Fund' and shall be used under the supervision and direction of the Director of the Budget for the administration of this Article. No license fee shall be refunded in the event that the license is rejected, suspended, or revoked.

§ 20-335.  Issuance, Renewal, Suspension, and Revocation of Licenses. The Commissioner may cancel, suspend, revoke, or refuse to issue or renew a school or instructor's license in any case where he finds the licensee or applicant has not complied with, or has violated any of the provisions of this Article or any regulation adopted by the Commissioner hereunder. A suspended or revoked license shall be returned to the Commissioner by the licensee, and its holder shall not be eligible to apply for a license under this Article until twelve months have elapsed since the date of such suspension or revocation.

§ 20-336.  Exemptions. The provisions of this Article shall not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only, or to schools or classes conducted by colleges, universities and high schools.

§ 20-337.  Penalties. Violation of any provision of this Article or any regulation promulgated pursuant hereto, shall constitute a misdemeanor, and any person, firm, or corporation upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

§ 20-338.  Administration. This Article shall be administered by the Driver Education and Accident Records Division of the Department of Motor Vehicles with no additional appropriation."

Sec. 2.  If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect on and after July 1, 1965.

In the General Assembly read three times and ratified, this the 9th day of June, 1965.