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11.23.01.00.htm 11.23.01.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 23 MOTOR VEHICLE ADMINISTRATION ― DRIVERS' SCHOOLS, INSTRUCTORS, AND DRIVER EDUCATION PROGRAM Chapter 01 Drivers' Schools Authority: Transportation Article, §12-104(b) 12-117, 15-102―15-111, 15-701―15-710, and 15-801―15-807, Annotated Code of Maryland
11.23.01.01.htm 11.23.01.01. 01 Scope.. This chapter applies to a business entity, organization, institution, or individual in the business of collecting a fee for providing instruction in the driving of motor vehicles.
11.23.01.02.htm 11.23.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Motor Vehicle Administration.. 2) "Drivers' school" or "school" has the meaning set forth in Transportation Article, §15-701, Annotated Code of Maryland.3) "Driving instructor" has the meaning set forth in Transportation Article, §15-801, Annotated Code of Maryland.4) "Branch site" means a drivers' school business office, classroom, or tra
11.23.01.03.htm 11.23.01.03. 03 Drivers' School License.. A. A driver school license issued by the Administration under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland, authorizes a business entity, organization, institution, or individual to give instruction in the driving of motor vehicles in which a fee is collected.B. A business entity, organization, institution, or individual requesting a license to provide instruction in the driving of motor vehicles shall:
11.23.01.04.htm 11.23.01.04. 04 Qualifications for Drivers' School License Applicants.. A. An applicant for a drivers' school license:. 1) Shall be 21 years old or older;. 2) May not have a pending charge or criminal conviction for:. a) Fraud in the operation of providing instruction;. b) A crime of moral turpitude;. c) A sex offense;. d) Contributing to the delinquency of a minor; or. e) An offense within the last 5 years involving:. i) A controlled dangerous substance;.
11.23.01.05.htm 11.23.01.05. 05 Applying for a School License.. A. A business entity, organization, institution, or individual requesting a drivers' school license shall submit an application to the Administration.B. The application shall be signed by the authorized representative of the business entity, organization, or institution.C. The application shall be completed, in its entirety, and be accompanied by:. 1) A nonrefundable application fee set forth in COMAR 11.11.05;.
11.23.01.06.htm 11.23.01.06. 06 Branch School License.. A. A business office, classroom, or training site at a location other than the primary site listed in the drivers' school license application shall be separately licensed as a branch before use by a school.B. The application for a branch license shall be submitted to the Administration on a form required by the Administration.C. The application shall be signed and certified by the school's owner or authorized representative of the business entity, o
11.23.01.07.htm 11.23.01.07. 07 Operational Requirements for a Drivers' School License.. A. A drivers' school licensed by the Administration shall:. 1) Display the school's license in a conspicuous place in the business office;. 2) Use only school training vehicles approved by the Administration;. 3) Use only the curricula, instructional materials, quizzes, tests, and forms approved by the Administration;4) Make operation and student records available for inspection by the Administration during the scho
11.23.01.08.htm 11.23.01.08. 08 Record and Report Requirements for a Drivers' School.. A. A drivers' school shall maintain for 3 years in a secure location, in hard copy or electronic format, records and reports of all business activities of the school. These records shall include:1) Instructor employment records;. 2) Training vehicle insurance, maintenance, inspection, and registration records;. 3) Surety bond certificates;. 4) Results of tests and evaluations administered to each student;.
11.23.01.09.htm 11.23.01.09. 09 Renewing a Drivers' School License.. A. A drivers' school license and branch license is valid for 2 years from the date issued.. B. A drivers' school license automatically expires at the end of 2 years unless renewed by the Administration in accordance with the requirements set forth in this regulation.C. To apply for the renewal of a school license, a school shall be in compliance with all the laws, rules, regulations, and policies governing the program.D. An applicant for the r
11.23.01.10.htm 11.23.01.10. 10 Replacing a Drivers' School License.. A. A school may request a duplicate license to replace one that has been lost, stolen, mutilated, or destroyed.B. To obtain a duplicate license, the school shall:. 1) Submit a request for a duplicate license on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the license;2) If mutilated, surrender the mutilated license; and.
11.23.01.11.htm 11.23.01.11. 11 Refusing, Suspending, or Revoking a Drivers' School License.. A. Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may after notice and hearing suspend, revoke, or refuse to renew a drivers' school license or, after notice and opportunity for hearing, issue a drivers' school license, if the Administration finds that the school has failed to comply with any of the requirements pertaining to the program and school license se
11.23.01.12.htm 11.23.01.12. 12 Driving Instructor License.. A. Under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, an individual shall be licensed by the Administration as a driving instructor in order to provide instruction in driving of motor vehicles if the individual receives or expects to receive compensation for the instruction.B. A licensed instructor may not provide instruction in the driving of a motor vehicle for compensation unless employed by a drivers' school licensed
11.23.01.13.htm 11.23.01.13. 13 Qualifications for a Driving Instructor License.. A. An individual applying for a driving instructor license:. 1) Shall be 21 years old or older;. 2) Shall possess a high school certificate of graduation, its equivalent, or a college degree;. 3) Shall possess a valid driver's license issued by Maryland or another state to drive the class of vehicle in which instruction is to be given, and have no driving restrictions, except for:a) Corrective lenses; or. b) A restriction issued u
11.23.01.14.htm 11.23.01.14. 14 Background Checks.. A. Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for a driving instructor license or renewal of a driving instructor license shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.B. The applicant shall:.
11.23.01.15.htm 11.23.01.15. 15 Applying for a Driving Instructor License.. A. A licensed school shall ensure that a prospective driving instructor's application is complete and contains all the required documents and information.B. The application for licensing shall be submitted to the Administration accompanied by:. 1) The license fee set forth in COMAR 11.11.05;. 2) Documentation of the successful completion of the required training and certification to teach the courses;
11.23.01.16.htm 11.23.01.16. 16 Driving Instructor License Requirements.. A. An instructor license may not be transferred, sold, or assigned.. B. A driving instructor identification badge shall be issued by the Administration to a licensed instructor at the time of licensure.C. The driving instructor identification badge shall be worn by the instructor, in full view at all times, when functioning in the capacity of an instructor.D. An instructor:. 1) Shall teach the courses in accordance with the
11.23.01.17.htm 11.23.01.17. 17 Renewing a Driving Instructor License.. A. An instructor license is valid for 2 years from the date issued and shall automatically expire at the end of 2 years, unless renewed by the Administration in accordance with the requirements set forth in this chapter.B. To qualify for renewal of an instructor license, the instructor shall:. 1) Have demonstrated proficiency in teaching the approved curriculum of instruction; and.
11.23.01.18.htm 11.23.01.18. 18 Replacing a Drivers' School Instructor Badge.. A. Upon request the Administration may issue a duplicate driving instructor badge to replace one that has been lost, stolen, mutilated, or destroyed.B. To obtain a duplicate driving instructor badge, the instructor shall:. 1) Submit an application for a duplicate license on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge;
11.23.01.19.htm 11.23.01.19. 19 Refusing, Suspending, or Revoking a Driving Instructor License.. A. Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew a driving instructor license or, after notice and opportunity for hearing, refuse to issue an initial instructor license if the Administration finds that the instructor or applicant failed to comply with any of the requirements pertaining to dr
11.23.01.20.htm 11.23.01.20. 20 Drivers' School Business Office Requirements.. A. A business office of a licensed drivers' school shall:. 1) Be its principal place of business having a legal Maryland address;. 2) Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a business office;3) Be equipped with:. a) A telephone with either voicemail or an answering machine; and. b) A computer with email access;. 4) Clearly identify and display the drivers' schoo
11.23.01.21.htm 11.23.01.21. 21 Classroom Requirements.. A. Classrooms shall be inspected and approved by the Administration before being used for instruction.B. Classrooms in educational institutions regulated by the Maryland State Department of Education or the Maryland Higher Education Commission need not be inspected by the Administration.C. A classroom shall:. 1) Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address;
11.23.01.22.htm 11.23.01.22. 22 Training Vehicle Requirements.. A. A licensed drivers' school shall provide appropriately equipped training vehicles that comply with this regulation for instruction in driving motor vehicles.B. Except as otherwise provided in §C of this regulation or with prior approval by the Administration, all training vehicles shall be titled and registered in the name of the driving school.C. A drivers' school:. 1) Shall maintain motor vehicle liability insurance on each training vehicl
11.23.01.23.htm 11.23.01.23. 23 Approving Course Curriculum.. A. The curriculum used for giving instruction in driving motor vehicles shall be approved by the Administration before a drivers' school provides instruction using that curriculum.B. A drivers' school giving instruction in driving motor vehicles may only use the curriculum approved by the Administration and shall include the components set forth in Regulation .05C of this chapter.C. Any revisions and modifications to a curriculum
11.23.01.24.htm 11.23.01.24. 24 Quality Control.. The Administration may conduct unannounced visits and audits of licensed drivers' schools to evaluate compliance with laws, regulations, standards, and the quality of instruction.
11.23.01.9999.htm 11.23.01.9999. Administrative History Effective date: November 21, 2008 (35:23 Md. R. 2013). Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98) amended permanently effective February 23, 2009 (36:4 Md. R. 354)Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98) amended permanently effective February 23, 2009 (36:4 Md. R. 354)Regulation 08A amended as an emergency provision effective December 11, 200
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