La. Admin. Code tit. 55 § III-147

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

Section III-147 - General Regulations for Driving Schools

A. All approved driving schools shall operate from an office or location in the following manner.

1. The school shall provide a written document to the prospective student detailing the course to be provided and the fee charged for each service. This document may be signed by the parent (if the student is a minor) or a student (if over the age of eighteen) and the school owner. A copy of this document and the paid receipt shall be provided to the person that signs the document.

2. DPS shall first approve any name to be used by a driving school. A school shall not use the word "state" or "education" in a part of the school name.

3. A school shall not use any name other than its approved name for advertising or publicity purposes, nor shall a school make any false or misleading statements in any of it advertisements or publications. A school shall not advertise or imply the school is "accredited" by any national or state organization for driving schools, when such accreditation does not exist.

4. A driving school shall not advertise in any way until the contract is offered by DPS to the driving school.

5. The schools license shall be conspicuously displayed in the business during operational hours. In the case of rented or leased space, the license shall be displayed at that location while the space is being utilized by the driving school.

6. In the event a school owner or instructors license is revoked, that person shall not be involved in the administrative duties of the school without prior approval from the commissioner.

7. All schools shall post a sign within the classroom stating that anyone who wishes to file a complaint or has a grievance against the school may contact the Training and Certification Unit at the Office of Motor Vehicles, P.O. Box 64886, Baton Rouge, LA, 70896, Attn.: Training and Certification Unit. (225) 925-1795 or at ladrivingschools@dps.la.gov.

8. Driving schools may employ instructors currently licensed by DPS without repeating the application process. A notification of employment of a currently licensed instructor (DPSMV6711) form shall be completed and submitted along with an application fee of $10, in lieu of the instructor application packet.

9. The driving school shall adhere to all applicable federal, state and local laws and shall not engage in any form of unlawful discrimination or other activities. The owner or instructor shall not knowingly present to DPS false or misleading information relating to the licensing process.

10. Driving school owners shall not allow any person associated with the driving school, who has not passed a background check and whose background check is not on file with OMV, to be responsible for or to have direct care over minor students. The responsibility or direct care over the minor students shall be any contact with a student, including but not limited to, monitoring students, or transporting students to and from instruction. This rule applies to all driving school employees, including instructors and administrative staff, and any other associates of the driving school.

11. Driving school owners are responsible for all actions that occur in association with their driving school. This includes actions of instructors, school employees and employees of other businesses the owner may be involved with.

12. Driving school owners shall ensure that each student or potential student that contacts the school is treated respectfully and professionally at all times, regardless of their age, race, sex, sexual orientation, religious affiliation, etc., in accordance with Louisiana law regarding discrimination.

13. Driving school owners are responsible for ensuring all instructors are familiar with the rules and regulations covering driver education providers and are aware of the consequences of violating these rules.

B. Surety Bond

1. School owners shall be required to maintain a $20,000 surety bond while maintaining a license to operate a driving school. In the event of a change of primary or main location of the driving school, a rider to the bond indicating the new address must be obtained and provided to OMV.

2. OMV shall be listed as the obligee.

3. Students (over 18) or parents (of minor students) may file with DPS for reimbursement of all or part of the course fee when the school or its instructors fail to provide the instruction as required by statute and these rules.

4. If the school is unable to complete a students course, a parent or adult student may request a refund for the uncompleted portion of the course. This refund should be made available within 10 days of the request. If a reasonable request for a refund is not granted, the student and/or the parent may apply against the schools surety bond.

5. The parent/student must complete a claim form and submit the form and supporting documents with the claim to OMV for consideration. Supporting documents may include:

a. copy of paid receipt for course;

b. copy of any contract signed by parent/student and school; or

c. any documents for course scheduling.

C. A school shall have a commercially established primary location where records shall be kept in a secure manner. Records shall be available for inspection between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. All schools must secure a business location for record keeping and test administration.

1. Classrooms utilized shall meet at least the minimum state, OSHA and ADA requirements for all classrooms.

a. All locations must be licensed prior to the classroom instruction.

b. A classroom location may be obtained by renting space from facilities in the form of a conference room or a meeting room. Photographs of these meeting rooms must be submitted with the license application for that location.

c. No classes are to be held in a room that is designed for temporary residence.

d. No facilities may be rented or leased from an establishment that restricts entrance by age (no minors).

e. No driving school shall be allowed to conduct business or instruction from a private residence. Any classroom located on private property shall not be attached to a private residence.

f. Classrooms shall begin and end at the same location, unless prior approval has been obtained from the commissioner.

2. The classroom shall be equipped with any current standards of equipment to properly instruct the classroom course.

3. The classroom may also be equipped with instructional software, traffic boards(s), state/local maps, laser pointer and traffic templates.

D. The following is a list of recommended hardware, operating systems, and web browsers that will run the software approved by the Department for administering the OMV Knowledge Test. This list was provided by the vender and should be followed as close as possible. If a school elects to not get the recommended devices the school will run the risk of the software not working correctly and will have to purchase other devices that will work. Additionally, failures in the examining process which adversely affects the student or the Department because the school elected not to follow these recommendations may cause the Department to issue an administrative violation against the school, the instructor, or both.

1. Testing stations:

a. desktop/laptop computers:

i. Windows 10 or higher;

ii. industry standard web-browser with HTML5 support such as Microsoft Edge Chromium, Google Chrome, or Mozilla Firefox;

iii. 4GB RAM or higher;

iv. 21.5" or higher screen recommended [1920x1080 resolution recommended];

vi. touch screen interface and no physical mouse/keyboard is recommended.

b. Chromebooks:

i. industry standard web-browser with HTML5 support such as Microsoft Edge Chromium, Google Chrome, or Mozilla Firefox;

ii. 4GB RAM or higher;

iii. 13" or higher screen recommended [1920x1080 resolution recommended];

iv. touch screen interface and no physical mouse/keyboard is recommended.

c. tablet devices:

i. Windows 10 or higher (if using a Windows table);

ii. Windows tablets have a script that can be uploaded and turn them into Kiosks for easier access for students;

iii. industry standard web-browser with HTML5 support such as Microsoft Edge Chromium, Google Chrome, or Mozilla Firefox;

iv. 4GB RAM or higher;

v. 64 GB memory or higher;

vi. 10.1" or higher screen recommended [1920x1080 resolution recommended];

vii. touch screen interface and no physical mouse/keyboard is recommended.

2. Control station(s):

a. desktop computers:

i. Windows 10 or higher;

ii. industry standard web-browser with HTML5 support such as Microsoft Edge Chromium, Google Chrome, or Mozilla Firefox;

iii. 4GB RAM or higher;

iv. 64 GB memory or higher;

v. 21.5" or higher screen recommended [1920x1080 resolution recommended];

vi. physical mouse and keyboard.

b. laptop computers:

i. Windows 10 or higher;

ii industry standard web-browser with HTML5 support such as Microsoft Edge Chromium, Google Chrome, or Mozilla Firefox;

iii. 4GB RAM or higher;

iv. 64 GB memory or higher;

v. 13" or higher screen recommended [1920x1080 resolution recommended];

vi. physical mouse and keyboard.

c. Chromebook:

i. industry standard web-browser with HTML5 support such Microsoft Edge Chromium, Google Chrome, or Mozilla Firefox;

ii. 4GB RAM or higher;

iii. 64 GB memory or higher;

iv. 13" or higher screen recommended [1920x1080 resolution recommended].

3. Examples of tablet devices:

a. Window's based tablets and Surface Pro's;

b. Android based tablets (i.e., Samsung, Acer, etc.);

c. Amazon Fire tablets (if they meet all the recommended specifications).

La. Admin. Code tit. 55, § III-147

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 38:1977 (August 2012), Amended LR 40:2604 (12/1/2014), Amended, LR 412665 (12/1/2015), Amended LR 431765 (9/1/2017), Amended LR 451602 (11/1/2019), Amended LR 501007 (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.