Section R17-7-704. Additional Authorized Driver License Training Provider Program Requirements

In addition to satisfying the requirements of R17-7-204, the autho- rized third party shall comply with the following:

1.        The director shall approve, and may modify, in writing the minimum professional training standards that each authorized third  party driver license training provider shall teach to its students. Those minimum professional training standards shall be included in the authorization agreement.

2.        The established place of business of each authorized third party driver license training provider must be used only for activities authorized by the Department.

3.        Each established place of business shall meet all require- ments of state law, local ordinances, and the accessibility requirements of the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.). The Department may require proof of compliance with local zoning ordi- nances.

4.        An authorized third party driver license training provider must post its office hours in a conspicuous place clearly visible to the public within that location and be open to the public during the posted hours. The person left in charge of the office during the posted office hours must be fully trained to give pertinent information to the public as well as give information to any representative of the Department or to any law enforcement agency.

5.        The authorized third party driver license training provider shall provide adequate facilities for any student being given instruction in other than behind-the-wheel driver training.

6.        An authorized third party driver license training provider shall maintain the following records at an established place of business or at the principal place of business and make them available for audit and inspection during nor- mal business hours:

a.         All records setting forth the name, address, contract number, and terms of payment with respect to every person receiving training of any kind, or any other service relating to the operation of a motor vehicle. These records must also contain the date, type, and duration of all training, including the name of the certified individual giving the lessons and the license plate number, make, and model of the vehi- cle used to conduct the training.

b.        A record of all receipts and disbursements.

c.         A record of all training vehicle maintenance and repairs.

7.        If an authorized third party driver license training pro- vider enters into a written contract with any person or group of persons receiving training relating to the opera- tion of a motor vehicle, the training provider shall give the original contract to the student or the student’s agent who executes the contract and shall retain a copy of the contract in its records.

8.        An authorized third party driver license training provider shall equip each motor vehicle used for driver training with:

a.         If the motor vehicle is equipped with an automatic transmission, at least a dual braking device that enables an accompanying driver license trainer to bring the motor vehicle under control in case of emergency; and

b.        If the motor vehicle is equipped with a standard transmission, at least a dual clutch and braking device that enables an accompanying driver license trainer to bring the motor vehicle under control in case of emergency.

9.        An authorized third party driver license training provider must maintain all motor vehicles in safe operating condi- tion at all times.

10.     An authorized third party driver license training provider shall conduct training only on test routes approved by the Department.

11.     An authorized third party driver license training provider shall not:

a.         Indicate or represent in any advertisement that the training provider can issue or guarantee issuance of a driver license in any jurisdiction,

b.        Imply or represent that the training provider can in any way influence the Department or an authorized third party in the issuance of a driver license, or

c.         Imply or represent that preferential or advantageous treatment from the Department or an authorized third party can be obtained.

12.     An authorized third party driver license training provider or a certified trainer shall not accompany any student into any examining office or testing location rented, leased, or owned by the Department or an authorized third party for the purpose of taking a driver license examination.

13.     In case of loss or mutilation, a duplicate authorization certificate may be issued by the Department on submis- sion of a properly signed and completed application accompanied by an affidavit setting forth the circum- stances. The affidavit must show the date the previously- issued authorization certificate  was lost, mutilated,  or destroyed, and the circumstances involving its loss, muti- lation, or destruction.

14.     An authorization for a driver training provider is non- transferable.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Section R17-7-704 renumbered to R17-7-303; new Section R17- 7-704 made by exempt rulemaking at 20 A.A.R. 1138,

effective May 1, 2014 (Supp. 14-2).