North Carolina Administrative Code

19A NCAC 03I .0702 CERTIFICATE OF DEPOSIT A certificate of deposit may be executed and filed in lieu of a bond (Form SBTS-607). The certificate shall be in the principal sum of the bond it stands in lieu of as provided in Rule .0701 of this Section. History Note: Authority G.S. 2…

19A NCAC 03I .0703 ADVERTISING A commercial driver training school may advertise by whatever method it sees fit with the following exceptions: (1) The address of a telephone-answering service, when it is not the same as the principal place of business of the school, shall not be …

SECTION .0800 - LICENSE REVOCATION OR SUSPENSION 19A NCAC 03I .0801 GROUNDS FOR REVOCATION OR SUSPENSION The license of any commercial driver training school may be suspended or revoked by the Division if the licensee violates any provision of Article 14, Chapter 20 of the North …

19A NCAC 03I .0802 INSTRUCTOR LICENSE SUSPENSION OR REVOCATION In addition to the grounds for revocation listed in Rule .0801 of this Section, the license of any commercial driver training instructor shall be revoked if his driver's license is suspended or revoked of if he accumu…

19A NCAC 03I .0803 REVOCATION OR SUSPENSION PROCEDURE If any school or instructor is alleged to be in violation of any provision of Article 14, G.S. Chapter 20 or of any provision of these Regulations, the school or instructor shall be notified by certified or registered mail of …

19A NCAC 03I .0804 PROBATIONARY PERIOD If any school or instructor is found to be in violation of any provision of G.S. 20 Article 14, or any provision of these Rules, the school or instructor may be placed on probation. The length of the probationary period may not exceed one ye…

SUBCHAPTER 03J - RULES AND REGULATIONS GOVERNING THE LICENSING OF COMMERCIAL Truck DRIVER TRAINING SCHOOLS AND INSTRUCTORS SECTION .0100 - COMMERCIAL DRIVER TRAINING SCHOOLS 19a ncac 03j .0101 PURPOSE OF REGULATIONS Article 14, Chapter 20 of the General Statutes of North Carolina…

19A NCAC 03J .0102 DEFINITIONS For the purpose of this Subchapter, the following definitions shall apply: (1) "Actively Enrolled" means any student who is neither a graduate nor has failed to complete his or her course. (2) "Base Period" means a six-month period from January 1 th…

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

19a ncac 03J .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 of owner-operator or manager to include full name, place of birth, date of…

19A ncac 03J .0203 RENEWAL APPLICATIONS Renewal applications shall be made within 60 days prior to the expiration of license. All licenses expire two years after the date the license is issued and no school is permitted to operate with an expired license. However, applications fo…

19A NCAC 03J .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 Enforcement Commercial Driver License (CDL) Compliance Sec…

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

19a ncac 03J .0206 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 03J .0207 SURRENDER OF LICENSES Any licensed commercial driver training school or branch which ceases to carry on the business of giving instruction in the driving of commercial motor vehicles or which has a change of ownership shall, within five days, surrender its comm…

19A NCAC 03J .0208 LICENSE REQUIRED History Note: Authority G.S.20-322; Eff. May 1, 1987; Repealed Eff. January 1, 1994.

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

19A NCAC 03J .0302 OFFICE The office shall be the principal place of business, in the same location as but physically separated from the classroom facility, and must be sufficient for conducting all business related to the operation of the school including, but not limited to: (1…

19A NCAC 03J .0303 CLASSROOM FACILITY The classroom facility shall meet the following minimum requirements: (1) An overall size of 120 square feet, including at least 70 square feet for the instructor and his or her equipment and 12 square feet for each student. (2) Lighting, hea…

19A NCAC 03J .0304 DISPLAY OF LICENSES Every school and branch must display in a prominent place in its office licenses issued to it by the Division for the school and its instructors. History Note: Authority G.S. 20-320 through 20-328; Eff. May 1, 1987; Pursuant to G.S. 150B-21.…

19A NCAC 03J .0305 INSPECTIONS The Division shall make periodic inspections, at least annually, of schools and branches to determine compliance with statutes and rules. The inspection shall be made during business hours by authorized representatives of the Division. Inspections s…

19A NCAC 03J .0306 COURSE OF INSTRUCTION (a) The commercial truck driving course to be taken by licensed persons who are 18 years old or older shall meet the following requirements: (1) Minimum hours of instruction: (A) classroom instruction, including testing 50 hours (B) field …

19A NCAC 03J .0307 STUDENT REQUIREMENTS The owners or officers of the school shall inform students 18 years of age or older but less than 21 years of age of the age restrictions as set forth in 49 CFR Part 391.11 and limitations established by the United States Department of Tran…

19a ncac 03J .0308 REPORTS TO BE SUBMITTED (a) Every commercial driver training school offering a full program shall submit to the Division the following reports: (1) A schedule of classes for each licensing period. (2) A class roster as of the first day of class, which roster sh…

SECTION .0400 - MOTOR VEHICLES USED IN INSTRUCTION 19a ncac 03J .0401 VEHICLE EQUIPMENT (a) 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 demo…

19A NCAC 03J .0402 REGISTRATION: INSURANCE: INSPECTION (a) Each vehicle used by the school on the highway shall be titled and registered as required by G.S. 20-52 and bear a current inspection certificate. Each yard vehicle used by the school shall be titled as required by G.S. 2…

19A NCAC 03J .0403 SPECIAL REQUIREMENT At least one of the vehicles used in a commercial truck driver training school shall be a tractor-trailer combination unit and other vehicles may be of the type necessary to carry out the instructional program of the school. All vehicles use…

SECTION .0500 - REQUIREMENTS AND APPLICATIONS FOR DRIVER TRAINING INSTRUCTOR 19A NCAC 03J .0501 REQUIREMENTS (a) A Class I instructor may conduct driver training in the classroom, on the field and on the road. Each Class I instructor shall: (1) Be at least 21 years of age, have a…

19A NCAC 03J .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 03j .0503 RENEWAL APPLICATION Renewal application shall be made by an instructor within 60 days prior to the expiration of license. All licenses expire two years after the date the license is issued and no instructor may operate with an expired license. However, applicat…

19a ncac 03j .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 Enforcement Section of the Division of Motor Vehicles. A…

19a ncac 03J .0507 SURRENDER OF LICENSES Any licensed commercial driver training instructor who ceases to give instruction 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, partner, or ch…

19A NCAC 03J .0508 LICENSE REQUIRED No person shall act as an instructor without the proper license as set forth in this Subchapter; provided, up to 24 hours of classroom instruction in a minimum 320 hour course and up to 12 hours of classroom instruction in a minimum 160 hour co…

SECTION .0600 – CONTRACTS 19A NCAC 03J .0601 REQUIREMENTS Students taking a refresher course or a course of 160 hours or more shall contract with a commercial truck driver training school. The contract shall contain the following information: (1) The agreed total contract charges…

19a ncac 03J .0602 PROHIBITED CONTRACT PROVISIONS Commercial driver training school contracts shall not contain the following: (1) The statement "no refund" or its equivalent. (2) Any statement to the effect that a driver's license is guaranteed or otherwise promised as a result …

19a ncac 03J .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…

19a ncac 03J .0604 CONTRACT PROVISIONS (a) The school must give the prospective student a completed copy of the enrollment contract at the time the prospective student signs the contract or upon the school's receipt of an enrollment contract completed entirely by mail. The enroll…

19A NCAC 03J .0605 CANCELLATION AND REFUND PROCEDURES AND COOLING-OFF RIGHTS (a) After the cooling-off period has ended, a student may cancel his or her enrollment in the course by notifying the school. Cancellation by the student is effective on the date the student mails or del…

19A NCAC 03J .0606 MISCELLANEOUS The school may not include in the enrollment contract or any other document a waiver of any of the rights or obligations created by this Section. No oral waiver of any of these rights or obligations shall be effective. History Note: Authority G.S.…

SECTION .0700 - BONDING AND ADVERTISING 19A NCAC 03J .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 to indemnify any student against loss or damage ar…

19A NCAC 03J .0702 CERTIFICATE OF DEPOSIT With Division approval, a certificate of deposit may be executed and filed in lieu of a bond. The certificate shall be in the principal sum of the bond it stands in lieu of as provided in Rule .0701 of this Section. History Note: Authorit…

19a ncac 03J .0703 ADVERTISING A commercial driver training school may advertise by whatever method it sees fit with the following exceptions: (1) The address of a telephone-answering service, when it is not the same as the principal place of business of the school, shall not be …

SECTION .0800 - LICENSE REVOCATION OR SUSPENSION 19A NCAC 03J .0801 GROUNDS FOR REVOCATION OR SUSPENSION The license of any commercial driver training school may be suspended or revoked by the Division if the licensee violates any provision of Article 14, Chapter 20 of the North …

19a ncac 03J .0802 INSTRUCTOR LICENSE SUSPENSION OR REVOCATION In addition to the grounds for revocation listed in Rule .0801 of this Section, the license of any commercial driver training instructor shall be revoked if his driver's license is suspended or revoked or if he accumu…

19A NCAC 03J .0803 REVOCATION OR SUSPENSION PROCEDURE If any school or instructor or recruiter is alleged to be in violation of any provision of Article 14, Chapter 20 of the General Statutes or of any provision of the rules of this Subchapter, the school or instructor or recruit…

SECTION .0900 - REQUIREMENTS AND APPLICATIONS FOR DRIVER TRAINING SCHOOL RECRUITERS 19A NCAC 03J .0901 REQUIREMENTS Recruiters working for commercial driver training schools shall comply with the requirements in 19A NCAC 03J .0601-.0606. History Note: Authority G.S. 20-320; 20-32…

19a ncac 03j .0902 ORIGINAL APPLICATION History Note: Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; Eff. October 1, 1991; Amended Eff. January 1, 1994; Repealed Eff. August 1, 2002.

19a ncac 03j .0903 RENEWAL APPLICATION History Note: Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; Eff. October 1, 1991; Repealed Eff. August 1, 2002.

19A NCAC 03J .0904 DUPLICATE COPIES History Note: Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; Eff. October 1, 1991; Repealed Eff. August 1, 2002.

19A NCAC 03J .0905 CONFIDENTIALITY History Note: Authority G.S. 20-321; Eff. October 1, 1991; Repealed Eff. January 1, 1994.