La. Admin. Code tit. 55 § III-151

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

Section III-151 - Regulations for All Driver Education Providers

A. General Regulations. The rules and requirements listed in the remainder of this Section shall apply to both private driving schools and driver education programs administered by secondary and alternative schools.

1. The school owner may designate a representative (licensed instructor or office staff of the school) to oversee and assume responsibility for the operation of the school and to sign school documents, except for the Third Party Tester Agreement. The completed Assignment of Designated Representative form must be on file with DPS.

2. Employees of DPS whose duties relate in any way to the issuance of a drivers license shall not be connected with any driving school.

3. Failure to receive notification of information due to an improper e-mail address or filter setting is the owners responsibility to correct.

4. The school shall notify DPS by e-mail at ladrivingschools@dps.la.gov of any change(s) in their contact information within 10 business days of such change.

5. Any additional instructors hired during the license period shall be properly licensed prior to administering any instruction.

6. The school shall permit DPS representatives to inspect the school and shall make available to DPS, when requested to do so, all information and records pertaining to the driver education program. Upon request, the school shall provide photo copies of the school records required by DPS.

7. The school shall not, by advertisement or otherwise, state or imply that a driver's license is guaranteed or assured upon completion of a driver education/pre-licensing training course or the road skills test.

8. The school shall maintain adequate standards of instruction, qualified instructors, and equipment sufficient to adequately maintain the school and classes.

9. Instructors shall maintain a professional demeanor at all times when dealing with students.

10. Instructors shall not accompany any student into any examining office rented, leased or owned by DPS, for the purpose of assisting students in taking a drivers license examination.

11. Instructors shall not loiter, advertise or personally solicit any individual on the premises rented, leased or owned by DPS, and operated for the purpose of issuing drivers licenses.

12. Instructors shall not use the space provided on the premises of any office rented, leased or owned by DPS, for parallel parking or any other behind-the-wheel instruction during normal OMV business hours.

13. Each school shall maintain a minimum of one properly licensed instructor who is trained to administer knowledge and road skills tests.

14. Home study is not permitted for any portion of the classroom instruction.

15. A school that is operating at a location without a current license may have its license and contract revoked or suspended, or a fine may be assessed.

16. All grievances or complaints made against the school and/or instructor shall be addressed within 10 business days and the resolution shall be documented.

17. The school shall notify OMV of any licensed instructor who leaves the employment of the school within 10 business days. The instructor license shall be returned to OMV for cancellation. OMV shall provide the school e-mail notification that the license has been received within 3 business days.

18. A licensed owner or instructor who is arrested for any offense which would disqualify him shall notify OMV in writing within three days of the arrest. Failure to notify OMV may result in suspension or revocation of the school and/or instructor license.

19. Owners/principals/superintendents are responsible for ensuring that instructors complete the required continuing education courses in an effort to stay abreast of the latest trends and standards of driver education.

20. Driver education instructors shall participate in and provide evidence of completion of at least two separate courses from the following list to obtain credit for continuing education on an annual basis. Evidence of completion shall be submitted to OMV no later than December 31st for private/commercial driving schools and August 31st for secondary/alternative schools each calendar year. Credit shall be given only for courses that were completed during the appropriate licensing period. The same course cannot be submitted in consecutive years. The list includes:

a. post-secondary course that pertains to driver education as provided by an accredited college or university. A passing grade is required;

b. an approved defensive driving instructor development course;

c. a course provided by national, state, or regionally sponsored in-service workshops, seminars, or conferences that pertain to subject matters relative to the practice of driver education or teaching techniques; and

d. a course that pertains to subject matters relative to driving safety.

21. Each instructor shall once every two years provide proof of completion of:

a. a standard first aid or CPR certification; and

b. a training course on the prevention of sexual harassment.

22. In the event of a voluntary school closure, the school must notify OMV within 10 business days of closing by submitting the notification of facility closure form approved and provided by DPS/OMV. The original license shall be attached to the notification form.

a. The school may reapply within 180 days of closure (upon approval by DPS). A replacement license shall be issued with a new issuance date upon payment of a $25 fee.

b. If a new location is selected, the school shall not conduct any classes until the new location has been inspected and approved.

c. If the school has been closed for 180 consecutive calendar days, a new school application with applicable fees must be submitted.

23. An instructor may be eligible to apply to another licensed school if the school where the instructor is currently employed has its license or contract revoked.

24. Any person who engages in prohibited activity, such as, administering classroom instruction, behind-the-wheel instruction, issuing certificates of completion or advertising as a licensed, authorized or approved driving school, or holding oneself out as an authorized or approved driving school or instructor without a license, authorization or approval by DPS shall be subject to the issuance of a cease and desist order.

25. Approved driver education providers shall be listed on OMVs website upon license issuance.

26. School owners shall ensure students are enrolled in the correct course according to age and eligibility.

27. An instructor shall not request a student go to any location that is not in the scope of the driver education instruction or program.

28. An instruction shall not take a student to any location that is not in the scope of the driver education instruction or program.

29. Repealed.

B. Records Regulations

1. 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. Only schools which are currently licensed by June 30, 2012 and currently maintain records at the owners residence are allowed to do so. If the physical location where records are kept is the owners residence, the owner agrees to make the records available for inspection. All schools licensed from this point forward will be required to maintain a primary location for the records.

2. Any forms approved and provided by OMV/DPS shall not be modified without prior written approval from OMV, with the following exceptions.

a. Schools shall place the school name and license number on the heading of the document.

b. Portions of the document may be highlighted for ease of use for the instructor and student.

3. All schools shall make available records and necessary data required for licensing for inspection by authorized DPS representatives.

a. DPS may require a licensee to submit any original records and data that are necessary for the facilitation and/or completion of an investigation pertaining to a violation of these rules or the Child Protection Act.

b. All documents shall contain the required information or they shall be considered incomplete.

c. Any records that are required to be submitted from the school to DPS upon request from DPS, are then considered DPS records.

4. All records and necessary data pertaining to the operation of the school shall be maintained in the office for five years. A hardcopy original shall be maintained for one year. Records may be electronic after one year.

5. Records shall include, but are not limited to:

a. a file including the name, address and contact information of all guest lecturers;

b. a file on all instructors containing a copy of the instructors license and employment records including time and attendance records as well as address and contact information;

c. a copy of lesson plans and other resources utilized for classroom instruction. Written documentation of the lesson plan for the behind-the-wheel portion of the course;

d. class schedules and sign in rosters from classes held;

e. copies of all written complaints and grievances filed with the school along with written documentation of the resolution.

6. Every driving school shall maintain the following records on the individual student who is administered either the drivers education or pre-licensing course:

a. official name and address of the school;

b. completed enrollment form which shall include, but is not limited to, the following:

i. a copy of the temporary instruction permit, telephone number and physical address (other than P.O. Box);

ii. optional parental/guardian consent for minor applicants, including identification presented;

iii. date of enrollment;

iv. any funds received from, or on behalf of, a student;

v. dates of classroom instruction;

c. date and reason why instruction terminated, if applicable;

d. copy of certificate of completion.

7. Every driving school shall maintain a class schedule and shall notify DPS of the classes scheduled, including the type of course to be administered. This schedule may be submitted biannually. DPS shall be notified of any changes in the schedule after submission to DPS. The driving school may post the class schedule on its website.

C. Minimum Course Standards

1. A minimum of one instructor is required for each classroom.

2. No more than eight hours of instruction, including unit tests or final examination, shall be conducted per day.

3. Administrative procedures, such as registration, shall not be included in instructional time. Registration shall be completed prior to the start of the first class session.

4. Lunch periods shall be proportionate to instructional time but shall not be considered as part of the instructional time for a driver education course.

5. Allotted break times shall not exceed 15 minutes per each 2 hours of instruction. All break periods shall be provided prior to the final examination.

6. The driver education course shall provide a minimum of 30 hours of classroom instruction. The formalized instruction, a minimum of 22 1/2 hours (75 percent), will consist of lecture, computer format and classroom discussion. The instruction provided with audio visuals may include films, slides, videos or demonstrations specifically designed to supplement the formalized instruction. A maximum of 7 1/2 hours (25 percent) may consist of audio visuals.

7. The driver education course and the pre-licensing course shall not be conducted simultaneously in the same classroom setting.

8. DPS reserves the right to attend any classroom course provided by the school to ensure full compliance with administrative code and course content.

9. The pre-licensing course shall provide a minimum of six hours of classroom instruction. The formalized instruction, a minimum of four and a half hours (75 percent), will consist of lecture, computer format and classroom discussion. The instruction provided with audio visuals may include films, slides, videos or demonstrations specifically designed to supplement the formalized instruction. A maximum of one and a half hours (25 percent) may consist of audio visuals.

10. Daily quizzes are recommended to measure the effectiveness of instruction during the classroom course. Daily quizzes shall not replace the final test.

11. A student may opt to complete the behind-the-wheel instruction at a different school. The school shall provide the student with the appropriate certificate of completion for requirements met by the student.

12. A school owner, instructor or employee shall not give a student the impression, by advertisement or otherwise, that a driver's license, learner's permit, or certificate of completion is guaranteed or assured.

13. A school owner, instructor or employee shall not give any impression that Carnegie credits will be given upon completion of this course, without the expressed written approval of the Louisiana Department of Education.

D. Classroom Setting Standards

1. The classroom capacity shall meet the stipulations as defined in §147 C

2. Classroom settings shall be conducive for learning and shall include seating in the form of tables and chairs or desks.

3. Multiple classrooms shall be separated by solid walls which are made of materials that reduce noise transfer between classrooms.

4. Schools which share locations with other businesses shall take all means necessary to ensure the security and safety of minor students and shall ensure the location is free of interruptions during scheduled class times.

E. Exam Standards

1. A final examination, provided by DPS, shall be administered to all students at the completion of the course. Students may not be given credit for the classroom course unless they score at least 80 percent on the final examination.

2. Passing the final examination in the driver education course shall qualify the student for a drivers license or a learners permit without the administration of a knowledge test by OMV.

3. Driving schools shall obtain and provide electronic devices to students to complete the OMV knowledge test at the end of the classroom portion of the 30 hour or 6 hour course as provided in §147.D OMV shall furnish the school with the knowledge test if an exemption authorized in §157.C 12 is granted. The school shall shred all previous versions of the tests upon receipt of the new updated versions.

4. All copies of the tests and answer keys shall be kept under lock and key at all times. In order to deter theft, photocopies of the test shall not be produced in bulk. Photocopies of the test should be produced at the completion of the course and only sufficient numbers photocopied for the enrolled students. Any unused tests should be shredded.

5. Lost or stolen knowledge tests shall be reported to OMV immediately. The local law enforcement agency shall also be notified and a police report shall be submitted to OMV immediately.

6. Each student who is administered the final knowledge test shall be notified, prior to testing, that he is subject to being retested by OMV at any time.

7. The instructor/examiner shall monitor all students during the testing process. If an exemption is granted pursuant to §157.C 12, the instructor/examiner shall ensure that students seated next to each other have different versions of the test to complete.

8. Any student who fails the final exam shall be allowed to retest once the same day. If the student does not pass the test on the second attempt, the student may return any day thereafter and retest twice each day until the test is passed.

9. Students who cheat on the test will have the test invalidated and shall wait 30 days before retesting.

10. If an exemption is granted pursuant to §157.C 12, the completed test shall be attached to the certificate of completion for surrender to DPS at the time of license application. The certificate of completion, with the completed test, if applicable, shall be placed in a sealed envelope for surrender to DPS at the time of license application.

11. Students may not leave the classroom during the final examination. Electronic devices (tablets, PDAs, cell phones) for personal use shall not be allowed in the classroom during examinations. Electronic devices used for test administration are acceptable.

12. Schools and/or instructors that provide students with the answers to the test, teach only the information contained on the test, do not properly secure the tests, and assist a student to pass the final exam by deceptive practices, or accept bribes to give a student a passing score shall have their license/certification/agreement revoked.

F. Insurance and Safety Requirements

1. Every motor vehicle used for behind-the-wheel instruction shall be properly registered in Louisiana and display a current Louisiana inspection sticker. The vehicle shall be equipped with the following special equipment:

a. securely installed dual controls of the foot brake (and clutch on vehicles with manual transmission), capable of bringing the vehicle to a stop and otherwise equipped, in accordance with Louisiana laws;

b. interior rearview mirrors attached to the windshield, one for the driver and one for the instructor to monitor traffic;

c. appropriate cushions for proper seat in seating, and brake and accelerator pedal extensions available for students when necessary;

d. instructors eye check mirror to monitor eye movement of students;

e. first aid kit; and

f. fire extinguisher (at least UL rated 5B:C).

2. All vehicles utilized in the behind-the-wheel instruction shall be properly insured in the schools name. A certificate of auto liability insurance shall be provided to DPS identifying (by description and vehicle identification number) the vehicle(s) covered. This certificate shall be from the issuing insurance carrier, not the agency. The limits shall be from an insurance company authorized to do business in this state in the amount of at least the minimum amount required by R.S. 32:900. Upon cancellation or expiration of the policy, DPS shall be notified by the insurance carrier.

3. Every vehicle used for behind-the-wheel instruction shall contain a conspicuously displayed, securely fastened sign to the rear stating "student driver." A sign bearing the name of the driving school under which it is licensed may be used in lieu of the student driver sign. The sign shall be in plain view and shall have contrasting letters not less than 3 1/2 inches in height, readable from a distance of not less than 100 feet. A decal or sign listing the school name, address and phone number shall be displayed on each side of the vehicle.

4. DPS shall be advised via e-mail at ladrivingschools@dps.la.gov within 10 business days of a vehicle that is removed from service and shall be provided the required information on replacement vehicles. OMV shall provide the school e-mail notification within three business days that the information has been received. The school shall send the odometer reading of vehicles for the first and last day of service and proof of registration for the vehicle(s) removed or added to service.

5. Motor vehicles utilized for behind-the-wheel instruction shall have less than 300,000 miles recorded on the odometer and shall be maintained in safe mechanical and physical condition at all times. Vehicles utilized should be of a type that is not intimidating to a novice driver. It is recommended that vehicles used are in the "compact" or "intermediate" size classification.

6. Fleet Policies. If the driving school is covered under a fleet policy and desires to add another vehicle to its fleet, it must advise the insurance company to notify DPS that this unit (specifying the make, model and vehicle identification number) has been added. The insurance company shall furnish the department a copy of the certificate of auto liability insurance with the addition of the vehicle.

G. Temporary Instruction Permit

1. Prior to the administration of a knowledge test in a driver education or pre-licensing course, driving skills instruction in a driver education or pre-licensing course or the administration of a road skills test, a student shall obtain a temporary instructional permit (TIP) from OMV as required by R.S. 32:402.1. School owners will verify that the permit has been obtained and shall make a copy of the TIP to be included in the students file.

2. In the event that the person applying for a TIP has or has had his driving privileges suspended pursuant to R.S. 32:661 et seq., and the person is required to have an ignition interlock as a condition of reinstatement, then the TIP may be issued for purposes of operating a motor vehicle during the behind the wheel portion of the driver education or pre-licensing course or during the administration of the road skills test without an ignition interlock device being required.

H. Behind-the-Wheel Instruction Requirements

1. A student shall be at least 15 years of age to participate in the behind-the-wheel instruction.

2. The domiciliary parent/guardian of a minor student may sign the consent prior to any behind the wheel instruction. The consent shall be signed in the presence of the owner or an instructor.

3. Prior to each behind-the-wheel driving session, the school shall verify that the students temporary instructional permit is in his possession at all times while driving. The permit shall be presented upon request to any law enforcement officer.

4. No more than two students shall be allowed in a school vehicle during the behind-the-wheel instruction. Only the student driver and the driving instructor shall be allowed in the front seat of such vehicle. Students shall not receive credit for riding time.

5. The behind-the-wheel instructor shall use and complete the driver education vehicle monthly log each time a student operates the driver education vehicle. The log shall not be utilized to record a students riding time. At the end of each month, the log shall be filed in the primary office of the school.

6. The 8-hour behind-the-wheel instruction shall be completed within 90 days of the end of the classroom instruction for the 6-hour classroom course. The 8-hour behind-the-wheel instruction shall be completed within 120 days of the end of the classroom instruction for the 30-hour classroom course.

a. It is the responsibility of the driving schoo, (not the parent/student) to schedule acceptable times for the students behind-the-wheel instruction and to finish it within the 90-day or 120-day timeframe.

b. Behind-the-wheel instruction shall not be performed before 6 a.m. or after 10 p.m. or during any time that would result in an unexcused absence from school as defined by the Louisiana Department of Education.

c. The school must provide documentation satisfactory to DPS that a student has not completed the behind-the-wheel course for reasons that are beyond the control of the school. Acceptable reasons include, but are not limited to, the following:

i. the student was given sufficient notice and opportunity to complete the course;

ii. the student was provided a certificate of completion for the classroom portion;

iii. the student has been issued a refund of the fee, if any, specifically for the eight-hour behind-the-wheel course;

iv. the student has been removed from the active class roster for documented cause.

d. If the driving school has not completed behind-the-wheel instruction within the requisite time frame, DPS may issue an order to the driving school to not begin any classroom instruction until all outstanding behind-the-wheel instruction is complete. DPS will notify the school when the order has been lifted. Violations of this Section may be subject to a fine.

e. If the behind-the-wheel driving portion of the class is terminated or cannot be completed within the required timeframe, documentation with details explaining the reason shall be maintained in the students file. OMV may contact the student, parent or guardian to verify the reason listed is accurate.

f. Upon DPS request, the driving school must provide records of the behind-the-wheel instruction to DPS.

7. Electronic communication devices shall not be utilized by any occupant of the vehicle during a driving session, except in emergency type situations or when the vehicle is stopped and off the road in a safe location.

8. The student shall not engage in any activity unrelated to driving instruction during behind-the-wheel instruction.

9. Behind-the-wheel instructors shall remain alert during the students driving session.

10. An instructor shall not perform any other activity not pertaining to supervising behind-the-wheel driving instruction.

11. The behind-the-wheel instruction shall expose the student to as many types of roadways as possible, based on the students skill level progression. At least one hour of instruction on the following types of roadways is recommended:

a. rural roads;

b. city roads;

c. major highways;

d. interstate;

e. to and from a students home and school; or

f. additional time may include traveling roadways where the student exhibits any weakness.

12. A students driving progress shall be documented in the students record.

13. The beginning and ending odometer reading on the vehicle shall be recorded prior to each students diving session. Any odometer reading shall not be altered without an accompanying explanation.

14. Approved scoring criteria shall be standardized, as determined and approved by DPS. Each applicant starts with 100 points. The applicant shall receive 70 points or better to pass the eight-hour behind-the-wheel course.

15. If the driving school instructor suspects that the person is impaired at the time he presents himself for the behind the wheel instruction and training, the driving school instructor shall not conduct the behind the wheel instruction and the driving school instructor shall promptly report the incident to the OMV.

16. Neither the driving school instructor, nor the driving school employing the driving school instructor, shall be liable in any manner to any person who is denied behind the wheel instruction and training except for any partial refund attributable to the behind the wheel portion of the driver education or pre-licensing course.

I. Driver Education Certificate of Completion Requirements

1. The driver education certificate of completion will expire five years after the completion date.

2. Every driving school approved by DPS, shall be required to serially number and complete the uniform driver education certificate of completion. Each certificate shall display a distinguishing seal, consisting of the driving school's name, affixed to the specified area of the form, not to obscure any of the required signatures.

3. The certificate of completion shall be completed in its entirety by school personnel prior to issuance to the student.

4. Upon request, driving schools shall provide photocopies or duplicates of driver education certificate of completion upon a students request for a minimum of five years from the date of issuance. Such duplicates shall be signed and dated by the owner of the driving school.

5. Every driving school shall maintain an ascending numerical accounting record of all certificates issued.

6. Unissued driver education certificates of completion shall be safeguarded at all times. The certificates shall be kept in a secure place under lock and key and shall be made available to those representatives of the driving school authorized to issue such certificates, DPS representatives, and any law enforcement agency during normal business hours.

7. Unissued lost or stolen certificates of completion shall be reported to DPS immediately. If a theft or suspected theft has occurred, the local law enforcement agency shall also be notified and a police report submitted to OMV.

8. A student may opt to complete the behind-the-wheel instruction at a different driving school. The school shall provide the student with the appropriate certificate of completion for requirements met by student.

9. Schools shall complete a student assessment including any comments relevant to the students proficiency and shall attach the assessment to the driver education certificate of completion to advise the parent(s) of the students driving proficiency

J. Code of Conduct of Driving Schools

1. All driving schools shall comply with all applicable federal, state, and local laws and regulations.

2. All driving schools shall conduct themselves in a professional manner when communicating with the public, students and representatives of DPS.

3. All driving schools shall encourage their employees to perform their duties conscientiously, honestly and in accordance with the best interests of DPS and the students.

4. All driving schools are representatives of DPS and shall conduct themselves in such a manner that reflects positively on the mission statement set forth with DPS.

5. All driving schools shall demonstrate the core values of integrity, respect, performance excellence and accountability.

6. The driving school shall adhere to applicable federal, state, and local laws and shall not engage in any form of unlawful discrimination or other illegal activities.

K. Alternative Method of Instructions of the 6-Hour Pre-Licensing Course

1. Driving schools shall only use platforms and equipment that have been approved by DPS.

2. Class schedules using the alternative methods shall be submitted to OMV at least 48 hours prior to beginning the class.

a. Driving schools shall notify DPS of any changes in platform or meeting ID/passcodes.

b. The audio and video shall be clear and not distorted when viewing or listening.

c. Driving schools shall give DPS access to view the class live via the approved platform.

3. Instructors shall conduct classes from a location free of any distractions.

4. Driving schools shall use their current DPS approved 6-hour lesson plans for the courses.

5. The school shall verify the identity of the individual taking the online course.

6. Driving schools shall limit the class size to 25 students per class per school.

7. All enrolled students for a class taught using an alternative method must be online and present for the full class. If a student fails to do so, the instructor must document the time missed and the student must make up the time at a later date in a format approved by DPS.

a. A student shall not be issued a certificate unless they have completed their full hours of classroom instruction.

b. All instructors shall take student attendance before class, after all breaks, and lunch.

8. During instruction, the instructor shall ensure that all students are alert and focus on the classroom lesson. No additional electronic devices should be allowed other than those devices that are used for classroom lessons.

a. During the online instruction, students shall be in a sitting position and dressed in proper attire for a classroom environment. It is highly recommended that students be located in an area free of distractions when possible.

b. Students equipment must have video capabilities and shall be visible at all times during class. If a student does not have video capabilities, they will not be eligible to attend class using the alternative method of delivery and must attend an in-classroom course.

9. Driving schools shall keep a class roster, which shall be available for DPS to review. This will be necessary since students not being physically able to sign.

10. Driving schools shall follow all other rules as outlined in conducting in-classroom classes. This includes all required forms properly completed.

La. Admin. Code tit. 55, § III-151

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 38:1980 (August 2012), amended LR 41:151 (January 2015), Amended LR 431767 (9/1/2017), Amended LR 451603 (11/1/2019), Amended LR 491938 (11/1/2023), Amended LR 501008 (7/1/2024).

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