North Carolina Administrative Code

19A NCAC 03H .0206 TRAFFIC ENFORCEMENT ACTIVITY REPORT History Note: Authority G.S. 143B-360; Eff. July 1, 1978; Repealed Eff. November 1, 1991; Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0207 ON SITE PROJECT REPORT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0208 FINAL ACCOMPLISHMENT REPORT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0211 AVAILABILITY OF GOVERNOR'S HIGHWAY SAFETY PROGRAM FORMS History Note: Authority G.S. 136-18(5), (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

SECTION .0300 - REIMBURSEMENT CLAIM PROCEDURES 19A NCAC 03H .0301 CLAIM FOR REIMBURSEMENT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A N…

19A NCAC 03H .0302 SUPPORTIVE CLAIM History Note: Authority G.S. 136-18(5) and (12); 143-129; 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

19A NCAC 03H .0303 REQUEST FOR REIMBURSEMENT AUDIT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

SECTION .0400 - NONEXPENDABLE EQUIPMENT 19A NCAC 03H .0401 VERIFICATION OF ADHERENCE TO PURCHASING PROCEDURES History Note: Authority G.S. 136-18(5) and (12); 143-52; 143-53; 143-53.1; 143-54; 143B-357; 143B-360; 143-129; Eff. July 1, 1978; Amended Eff. January 1, 1994; November …

19A NCAC 03H .0402 NONEXPENDABLE PROPERTY ACCOUNTABILITY RECORD History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1…

19A NCAC 03H .0403 DISPOSITION OF NONEXPENDABLE EQUIPMENT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999…

19A NCAC 03H .0404 STATUS OF NONEXPENDABLE EQUIPMENT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

19A NCAC 03H .0503 STANDARD VAN AMBULANCE TYPE II SPECIFICATIONS History Note: Authority G.S. 143B-360; Eff. July 1, 1978; Repealed Eff. February 1, 1982; Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

19A NCAC 03H .0504 AMBULANCE VEHICLE INSPECTION History Note: Authority G.S. 143B-360; Eff. July 1, 1978; Amended Eff. February 1, 1982; Repealed Eff. November 1, 1991; Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

SUBCHAPTER 03I - RULES AND REGULATIONS GOVERNING THE LICENSING OF COMMERCIAL DRIVER education TRAINING SCHOOLS AND INSTRUCTors SECTION .0100 - GENERAL PROVISIONS 19A NCAC 03I .0101 LOCATION OF DIVISION OF MOTOR VEHICLES The School Bus and Traffic Safety Section of the North Carol…

19A NCAC 03I .0102 PURPOSE OF REGULATIONS Article 14, Chapter 20 of the General Statutes of North Carolina provides for the licensing and regulation of commercial driver training schools and instructors. Pursuant to the authority contained in this law, the Commissioner of Motor V…

19A NCAC 03I .0103 EFFECTIVE DATES History Note: Authority G.S. 20-321; Eff. July 2, 1979; Repealed Eff. June 1, 1982.

19A NCAC 03I .0104 DEFINITIONS As used in the regulations contained in this Subchapter: (1) "Commercial Driver Training School Branch Office" or "Branch" is a training facility operated by a commercial driver training school at a location different than the principal place of bus…

SECTION .0200 - REQUIREMENTS AND APPLICATIONS FOR COMMERCIAL DRIVER TRAINING SCHOOLS 19A NCAC 03I .0201 REQUIREMENTS The Division shall not issue a commercial driver training school license to any individual, partnership, group, association or corporation unless: (1) The individu…

19A NCAC 03I .0202 ORIGINAL APPLICATION Each original application for a commercial driver training school license shall consist of the following: (1) Application for license; (2) Personal history statement (Form SBTS-601, available from the School Bus and Traffic Safety Section) …

19A NCAC 03I .0203 RENEWAL APPLICATIONS Renewal applications shall be made every two years. All licenses expire on the anniversary date, and no school is permitted to operate with an expired license. However, applications for renewal may be accepted for up to 30 days from the dat…

19A NCAC 03I .0204 DUPLICATE COPIES All applications, either original or renewal, for a commercial driver training school or branch shall be completed in duplicate. The original copy of each form shall be submitted to the School Bus and Traffic Safety Section of the Division of M…

19A NCAC 03I .0205 CHANGES IN APPLICATION INFORMATION The Division must be notified in writing within 10 days of any changes in the officers, directors, owners, or manager of any school or branch. The Division must also be informed within 10 days of the addition or deletion of an…

19A NCAC 03I .0206 LICENSE FEES History Note: Authority G.S. 20-324; Eff. July 2, 1979; Amended Eff. June 1, 1982; Repealed Eff. May 1, 1987.

19A NCAC 03I .0207 BRANCH OFFICES Any school desiring to open a branch shall make application for such branch on forms furnished by the Division in the same manner and to the same extent as for an original license. A commercial driver training school may operate a branch office a…

19A NCAC 03I .0208 SURRENDER OF LICENSES Any licensed commercial driver training school or branch which ceases to carry on the business of giving instruction for hire in the driving of motor vehicles or which has a change of ownership shall, within five days, surrender its commer…

19A NCAC 03I .0209 LICENSE REQUIRED No school or branch shall operate, advertise for business or collect monies without the proper license in hand as set forth in this Subchapter. History Note: Authority G.S. 20-322; Eff. July 2, 1979; Amended Eff. December 1, 1993; September 1, …

19A NCAC 03I .0210 LICENSE FEES History Note: Authority G.S. 20-324; Eff. February 1, 1988; Repealed Eff. December 1, 1993.

SECTION .0300 – SCHOOL LOCATION: PHYSICAL FACILITIES: AND COURSES OF INSTRUCTION 19A NCAC 03I .0301 GENERAL PROVISIONS Every school shall maintain a business office open to the public in a permanent-type building. Schools or branches may not be located within or adjacent to a bui…

19A NCAC 03I .0302 OFFICE The office shall be the principal place of business, and must be sufficient for conducting all business related to the operation of the school including, but not limited to: (1) facilities for conducting personal interviews; (2) storage of all records re…

19A NCAC 03I .0303 CLASSROOM FACILITY In order for a commercial driving school to obtain and maintain a license, the school shall conduct classwork in a facility approved by the Division of Motor Vehicles. The classroom facility shall meet the following requirements: (1) not less…

19A NCAC 03I .0304 BRANCHES History Note: Authority G.S. 20-322 through 20-324; Eff. July 2, 1979; Repealed Eff. May 1, 1987.

19A NCAC 03I .0305 DISPLAY OF LICENSES Every school and branch must have displayed in a prominent place in its office licenses issued to it by the Division, a list of all instructors, and a list of fees for all services offered by the school or branch. History Note: Authority G.S…

19A NCAC 03I .0306 INSPECTIONS The Division shall make periodic inspections (at least annually) of schools and branches to determine compliance with laws. The inspection shall be made during regular business hours by authorized representatives of the Division. Inspections shall i…

19A NCAC 03I .0307 COURSES OF INSTRUCTION Commercial driver training schools shall teach the following courses: (1) For persons 18 years of age or older, a course as follows: (a) Classroom Instruction. A minimum of six hours, including rules of the road and other laws affecting t…

19A NCAC 03I .0308 BRANCHES A branch shall meet all requirements of a principal place of business including those listed in Rules .0302 and .0303 of this Section. History Note: Authority G.S. 20-322 through 20-324; Eff. February 1, 1988; Pursuant to G.S. 150B-21.3A, rule is neces…

SECTION .0400 – MOTOR VEHICLES USED IN INSTRUCTION 19A NCAC 03I .0401 VEHICLE EQUIPMENT Behind-the-wheel instruction of students in commercial driver training schools shall be conducted in motor vehicles owned or leased by the school. All vehicles used for the purpose of demonstr…

19A NCAC 03I .0402 REGISTRATION: INSURANCE: INSPECTION (a) Each vehicle used by the school shall be insured by a company licensed to do business in North Carolina against liability in the amount of at least fifty thousand dollars ($50,000) because of injury to or destruction of p…

19A NCAC 03I .0403 EXEMPTION AND SPECIAL REQUIREMENT Restricted commercial driver training schools shall be exempt from the equipment requirements of Rule .0401 of this Section. All vehicles used in the instructional program shall meet the equipment requirements of Chapter 20 of …

SECTION .0500 - MOTOR VEHICLES OPERATED FOR HIRE 19A NCAC 03I .0501 REQUIREMENTS (a) Each instructor of a commercial driver training school or branch shall: (1) have four years or more of experience as a licensed operator of a motor vehicle; (2) not be denied on the basis of crim…

19A NCAC 03I .0502 ORIGINAL APPLICATION Each original application for a commercial driver training instructor license shall consist of: (1) a combination application and personal history form which must be completed and signed by the applicant; (2) a physical examination report c…

19A NCAC 03I .0503 RENEWAL APPLICATION (a) Renewal application shall be made by an instructor every two years. All licenses expire on the school's anniversary date, and no instructor is permitted to operate with an expired license. However, applications for renewal may be accepte…

19A NCAC 03I .0504 DUPLICATE COPIES All applications, either original or renewal, for a commercial driver training instructor license shall be completed in duplicate. The original copy of each form shall be submitted to the School Bus and Traffic Safety Section of the Division of…

19A NCAC 03I .0505 CONFIDENTIALITY History Note: Authority G.S. 20-320 through 20-328; Eff. July 2, 1979; Repealed Eff. January 1, 1994.

19A NCAC 03I .0506 LICENSE FEES History Note: Authority G.S. 20-324; Eff. July 2, 1979; Amended Eff. June 1, 1982; Repealed Eff. December 1, 1993.

19A NCAC 03I .0507 SURRENDER OF LICENSES Any licensed commercial driver training instructor who ceases to give instruction for hire in the driving of motor vehicles for the school for which he is licensed shall surrender his instructor's license within five days. The owner, partn…

19A NCAC 03I .0508 LICENSE REQUIRED History Note: Authority G.S. 20-323; Eff. July 2, 1979; Repealed Eff. December 1, 1993.

SECTION .0600 - CONTRACTS 19A NCAC 03I .0601 REQUIREMENTS (a) Commercial driver training school contracts with individual students, public schools, or private schools shall contain (but are not limited to) the following information: (1) the agreed total contract charges and full …

19A NCAC 03I .0602 PROHIBITED CONTRACT PROVISIONS Commercial driver training school contracts shall not contain the following: (1) the statement "no refund" or its equivalent. The contract may, however, contain a statement that "The school will not refund any tuition monies or an…

19A NCAC 03I .0603 FILING OF CONTRACT WITH THE DIVISION The commercial driver training school shall file with the Division sample copies of all written contracts and agreements at the time of the original application and also at any time thereafter when alterations to contracts a…

SECTION .0700 – BONDING AND ADVERTISING 19A NCAC 03I .0701 BONDS Prior to license approval, a school shall file with the Division a continuous "cash" or "surety" bond written by a company licensed to do business in North Carolina in the amount of twenty thousand dollars ($20,000)…