N.J. Admin. Code § 13:23-1.1

Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:23-1.1 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Authorized agent" means a person who represents or acts on behalf of a driving school in obtaining permits and transporting students to driver testing centers in school vehicles.

"Branch office" means an approved location where the business of the driving school is conducted, other than the principal place of business.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (39:2A-4) .

"Driving school" means the business of giving instruction, for compensation, in the driving of motor vehicles and motorcycles. The words "instruction in the driving of motor vehicles and motorcycles" shall include classroom or behind-the-wheel instruction when given to a person who does not possess a basic driver or motorcycle license. This definition shall not be taken to include instruction which is given by public, private or parochial secondary schools.

"Driving school instructor" means a person who is licensed by the Chief Administrator to provide instruction in the driving of motor vehicles and motorcycles.

"Fraudulent practices" include, but are not limited to, any conduct or representation tending to give the impression that a license to operate a motor vehicle or motorcycle or any other class of license, registration, or service granted by the Chief Administrator may be obtained by any means other than those prescribed by law; the furnishing or obtaining a license of any class, registration, or service by illegal or improper means; or the requesting, accepting, exacting or collecting of money for furnishing or obtaining a license of any class, registration, or service by illegal or improper means.

"Person" means an individual, corporation or partnership.

"Place of business" means a designated location at which the business of a driving school is being conducted.

"Principal place of business" means the location designated by the applicant, and approved by the Chief Administrator, as the primary facility of the driving school.

"Qualified supervising instructor" means a person who is currently licensed as a driving school instructor and who has been licensed as such by the Commission for at least two years prior to the submission of an initial or renewal application for a driving school license; and who has successfully provided a minimum of 500 hours of behind-the-wheel instruction; and who has successfully completed a three-credit New Jersey driver education college course offered by a college or university licensed by the New Jersey Commission on Higher Education.

"Telephone answering service" means the location of a telephone used only for the purpose of answering telephone inquiries pertaining to the driving school services. A telephone answering service is not to be considered a branch office, and the location and/or address of a telephone answering service shall not be advertised if it differs from that of a licensed location.

N.J. Admin. Code § 13:23-1.1

Amended by R.1984 d.216, effective 6/4/1984.
See: 16 New Jersey Register 209(a), 16 New Jersey Register 1354(a).
Changes throughout definitions.
Amended by R.1991 d.371, effective 7/15/1991.
See: New Jersey Register 662(a), 23 New Jersey Register 2151(a).
Added definitions for "Authorized agent" and "Driving school instructor"; "drivers' school" changed to "driving school" throughout; added "instruction when given to a person who does not possess a basic driver or motorcycle license" with stylistic changes in "Driving school" definition.
Amended by R.1996 d.265, effective 6/3/1996.
See: 28 New Jersey Register 1479(a), 28 New Jersey Register 3004(a).
Amended by R.2004 d.444, effective 12/6/2004.
See: 36 New Jersey Register 2180(a), 36 New Jersey Register 5372(a).
Deleted "Director" and "Division"; added "Chief Administrator", "Commission", and "Qualified supervising instructor".