La. Admin. Code tit. 55 § III-146

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-146 - Application Process and Fees for Driving Schools and Instructors

A. Application Process for a new Driving School Owner. The application process is a four-phase approval process.

1. An applicant for an initial driving school license shall submit the following during phase 1:

a. complete and submit Driving School Owner Application;

b. non-refundable $50 certified check or money order made payable to DPS;

c. copy of high school diploma, college degree, school transcripts, or GED;

d. completed criminal history background check forms for each owner, including two fingerprint cards along with separate certified check or money order made payable to Department of Public Safety and Corrections, for each background check to be conducted;

2. Once the background check is completed and the Driving School Owner Application is approved, the applicant shall submit the following for phase 2:

a. lesson plan containing:

i. beginning and ending time of each class day, including lunch and break periods;

ii. number of class days in the course;

iii. material sources;

iv. how information is presented (i.e. handouts, videos, lectures); and

v. title of audio visual sources to be utilized;

b. copy of the detailed behind-the-wheel curriculum and Lesson plan for the eight (8) hours of driving instruction;

c. copy of any daily quizzes and verbal quizzes to be given with the answer key;

d. copy of the course specifications/school policies, which includes the information the school gives to parents and students prior to the beginning of the course;

e. copy of the information furnished for the parental orientation and responsibility segment with the parents of minor students. A copy of any contract signed by parents/students and the school as defined in LAC 55:III.147.B.3;

f. copy of any written document to the prospective student detailing the course to be provided and the fee charged for each service;

3. Upon receiving approval of phase 2, the applicant shall submit the following for phase 3 and 4:

a. a completed driving school initial location application along with the name of the school;

b. proof of filing if the school is registered with the La Secretary of State as a business structure such as a partnership, corporation, limited liability company and limited liability partnership;

c. occupational or occupancy license-with physical address of the driving school;

d. local fire department inspection to review schools building for classroom sizes and number of students/instructors allowed in each classroom or a State Fire Marshal Plan Review document;

e. a surety bond in the amount of $20,000;

f. copy of the compliant or grievance sign to be posted in the classroom;

g. completed driving school add or remove vehicle form with all requirements prescribed in §151 F; and

h. approved 4-column route sheet for administering Third Party Road Skills Exams.

B. All applications for driving schools and instructors must be mailed to:

Office of Motor Vehicles

Attention: Training and Certification Unit

P. O. Box 64886

Baton Rouge, LA 70896

C. Application for Instructor License for a Driving School

1. An applicant shall submit:

a. an application for instructor of a driving school (DPSMV 2148);

b. a completed background check document (DPSSP 6696) and background check fee;

c. a 30-hour driver education training certificate of completion or valid teaching certificate as defined in §145 B;

d. a copy of a high school diploma, GED or higher education certificate;

e. an application fee of $20 for a two-year period which shall be non-refundable;

f. a completed third-party examiner package as outlined in §156 if the instructor is applying to be a third-party examiner;

g. evidence of completion of a training course on the prevention of sexual harassment.

D. Licenses

1. Licenses shall be issued on a biennial basis. The initial license shall be valid from the date of issuance until December 31 of the following even-numbered calendar year.

2. Licenses shall be nontransferable. In the event of a change of ownership, application for a new license shall be made and the old license shall be surrendered to DPS before a new license will be issued to the new owner.

3. If a driving school license is lost or destroyed, a duplicate shall be issued for a $25 application fee upon receipt of a statement of fact or, in the case of mutilation, upon surrender of such license.

4. If an instructor license is lost or destroyed, a duplicate shall be issued for a $10 application fee upon receipt of a statement of fact or, in the case of mutilation, upon surrender of such license.

E. School/Tester License Fees

1. Every application or renewal for a school license shall be accompanied by an application fee or renewal fee of $25 per year, collected biennially, per location.

2. A $25 fee shall be assessed when a school relocates and a new license is issued or if a duplicate license is required.

3. The license fee for an additional location is $25 per year, collected biennially, and shall be submitted with the new application.

4. License fees pursuant to this Section may be prorated.

F. Instructor License Fees

1. Every application for an instructor license shall be accompanied by an application fee or renewal fee of $10 per year, collected biennially, or if a duplicate license is required.

2. License fees pursuant to this Section may be prorated.

G. Office Staff

1. Every employee involved in the supervision over the students or who has access to student information shall have a background check performed.

2. School owners may employ persons who have not passed a background check for other duties that do not involve access to, care of, or supervision of students and/or minors. These employees will not have access to the records or information of students and/or minors at any time. Furthermore, these employees may not be allowed on the premises of a driving school while students and/or minors are present. In the case of a driving school that has a shared business, these employees shall not be in the same room at any time with students and/or minors, or have access to the records or information of students and/or minors.

H. Renewal

1. Prior to the beginning of the renewal period, a renewal invitation will be offered to eligible schools by email. Previous compliance reviews, incident reports, classroom observations, and complaints will determine eligibility.

2. Application for renewal shall be made on the form prescribed by OMV at a minimum of 120 days prior to license expiration.

3. All renewal applications for privately-owned schools shall be submitted to OMV before the close of business on October 1 of the expiration year. All renewal applications for secondary schools shall be submitted to OMV before the close of business on June 1 of the expiration year.

4. Applications received after October 1 for privately-owned schools and June 1 for secondary schools will be deemed untimely and may cause delay in renewal of the license.

5. A school that submitted an untimely renewal application and whose renewed license is not issued prior to December 31 for privately-owned schools and August 31 for secondary schools, shall not be authorized to conduct any classes, behind the wheel driving, or road skills exams, until the license is renewed.

6. Incomplete renewal applications will be returned and may result in a delay of the licensing process.

7. Proof of continuing education for each instructor shall be submitted as outlined in §151

8. The following documents shall be submitted as part of the renewal packet:

a. completed application listing all school locations, instructors, and vehicles being renewed;

b. completed application packet for any new instructors added as outlined in 145 B;

c. certificate of insurance in the schools name stating that all vehicles utilized in the behind-the-wheel course are currently insured and that upon cancellation or expiration, DPS will be notified. The certificate shall be from the issuing insurance carrier and not the agency and identify (by description and vehicle identification number) the vehicle(s) covered. The limits shall be from a company authorized to business in Louisiana for at least the minimum amount required by R.S. 32:900;

d. appropriate fees as outlined in §146. E or F; and

e. surety bond with power of attorney.

I. Change of Name of Driving School

1. If the school desires to change the operating name of the business, the owner shall submit a written request to OMV (or DPS) for the name change.

2. Upon approval of the name change, the applicant must submit the following documentation:

a. an application for change of name for a driving school, which may be downloaded from the OMV website;

b. copy of any required occupational or business license(s) in the new name;

c. a name change document if the company is on file with the Secretary of State;

d. a surety bond in the new business name in the amount of $20,000 from a company qualified to do business in Louisiana; and

e. a $25 application fee.

3. Certificates of completion cannot be issued under the new name until the new contract and license is issued.

J. Change of Address of Driving School

1. Prior approval is required for any classroom or business address change. OMV shall be notified 30 days prior to any change in address to allow for site inspection and verification.

2. Upon approval of the address change, the applicant must submit the following documentation to OMV:

a. an application for change of address for a driving school which may be downloaded from the OMV website;

b. a $25 application fee collected biennially. A one-year fee will be collected if the application is made during the second year of the license period;

c. documentation listed in Paragraph A.2 of this Section applicable to the new address; and

d. a behind-the-wheel lesson curriculum for the new address.

3. If the location is to be certified as a third-party tester site, the location shall meet the requirements for a tester site as listed in §156

4. Classes cannot be conducted at the new address until a new contract is signed by OMV and the owner.

K. Additional Location of Driving School

1. A school owner may make application to open an additional location if he has successfully operated the initial (or last) location for at least two years and has submitted two consecutive compliance reviews that did not result in a letter of warning, a fine, a suspension or a revocation.

2. The school owner must submit the following:

a. a completed additional location application which may be downloaded from the OMV website;

b. a $25 application fee collected biennially. A one-year fee will be collected if the application is made during the second year of the license period;

c. documentation listed in Paragraph A.2 of this Section applicable to the new location; and

d. a behind-the-wheel lesson curriculum for the new location.

3. If the location is to be certified as at third-party tester site, the location shall meet the requirements for a tester site as listed in §156

4. Classes cannot be conducted at the new location until a new license is issued by OMV.

L. Transfer of Ownership of a Private Driving School

1. The seller shall notify DPS of the pending transfer of ownership. School and instructor licenses are nontransferable as stated in §146

2. The new owner shall follow the guidelines as prescribed in §146

3. The commissioner has the final authority in the approval of all transfers of ownership.

4. If the previous owner does not desire a transition phase for the new school owner(s), the currently licensed owner(s) must complete instruction to the current students prior to the transfer of ownership and the new owner(s) must make application for a new driving school. New classes cannot be held by the previous owner(s) or new owner(s) until the transfer of ownership is completed and the new owner(s) is licensed. Once the bill of sale or transfer of ownership is executed, the previous owner(s) must return his original school license and all instructor licenses along with a copy of the bill of sale or transfer of ownership to OMV.

5. If the school is to remain operational during the transition to the new owner(s), the following guidelines covering businesses sold while maintaining the current location must be adhered to.

a. The new owner of the school shall submit an application to own a driving school.

b. The new owner must meet the qualification outlined in §145

c. If the new owner currently maintains a driving school license, he may purchase a driving school with multiple locations, if approved by the commissioner.

d. If the new owner does not currently maintain a driving school license, multiple locations of a driving school may be purchased, but the new owner shall be licensed for a period of at least 60 days at one location, prior to administering drivers education at multiple locations, and upon approval by the commissioner.

6. OMV may require an interview and a sample of the lesson instruction with the potential new driving school owner(s).

7. The following documents must be submitted when a school has transferred ownership:

a. copy of the bill of sale or transfer of ownership;

b. all items as outlined in §146 E; and

c. copy of the lesson plan and course guide, including the new unit tests and final examination. If a new lesson plan and course guide are utilized; these documents shall be based on the curriculum as outlined in §154:

i. DPS shall approve if the same lesson plan can be utilized;

ii. in the event the same curriculum will be used, a modified course guide must be submitted along with a statement signed by the buyer and the seller that the same curriculum will be utilized, if not specified in the bill of sale or transfer of ownership documentation;

8. if the vehicles utilized in the school are being sold and are registered in the school owners name rather than the schools name, the title must be transferred to the new owner and the following documents must be submitted:

a. proof of registration of vehicles in the new owners name;

b. certificate of insurance in the schools name stating that all vehicles utilized in the behind-the-wheel course are currently insured and that upon cancellation or expiration, DPS will be notified. This certificate shall be from the issuing insurance carrier and not the agency and identify (by description and vehicle identification number) the vehicle(s) covered. The limits shall be from a company authorized to do business in Louisiana in the amount of at least the minimum amount required by R.S. 32:900;

9. if the same instructors will remain with the school, a notification of instructors transfer of employment during ownership change shall be completed and submitted along with a $10 application fee, in lieu of the instructor application packet;

10. all new instructors must complete the application process as outlined in §146;

11. a surety bond in the amount of $20,000 from a company qualified to do business in Louisiana shall be submitted;

12. a copy of any required occupational license or business license(s) in the new owner(s) name shall be submitted;

13. the new owner(s) shall have the location certified as a third-party tester site. The new owner shall obtain a new certificate of general liability insurance in the schools name. The certificate of general liability insurance shall list the schools address and the current policy dates. This certificate shall be from the issuing insurance carrier and not the agency. The limits shall be $1,000,000 per occurrence in general liability:

a. the certificate of general liability insurance must show OMVs address as a certificate holder or additional insured with the following address:

Office of Motor Vehicles

Attention: Training and Certification Unit

P. O. Box 64886

Baton Rouge, LA 70896

b. for any cancellations or expirations, the insurance carrier shall notify OMV;

14. a minimum of one instructor must be certified as a third-party tester examiner.

La. Admin. Code tit. 55, § III-146

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 38:1976 (August 2012), Amended LR 40:2603 (12/1/2014), Amended, LR 412665 (12/1/2015), Amended LR 431762 (9/1/2017), Amended LR 501006 (7/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:402.1(A)(1), R.S. 40:1461 and R.S. 40:1462.