N.J. Admin. Code § 13:23-2.28

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:23-2.28 - Insurance and vehicle equipment requirements

(a) Any vehicle, except buses, motorcycles and articulated vehicles, used for instruction by a driving school must be equipped with dual controls on foot brake and, if any, on clutch, and must be otherwise equipped in accordance with the Motor Vehicle and Traffic Laws.

(b) A licensee shall file with the Chief Administrator evidence of liability insurance with a company authorized to do business in this State, in the amount of at least $ 250,000 because of bodily injury to, or death of, any one person in any one accident and subject to said limit for any one person, to a limit of at least $ 500,000 because of bodily injury to, or death of, two or more persons in any one accident, and to a limit of $ 50,000 because of damage to, or destruction of, property of others in any one accident; or, in the alternative, a licensee shall file with the Chief Administrator evidence of liability insurance with a company authorized to do business in this State, in the amount of at least $ 500,000 combined single limit of liability in any one accident for bodily injury liability and property damage liability. A driving school shall furnish evidence of insurance coverage required by this subsection by submitting an original certificate of insurance to the Commission listing each motor vehicle owned or leased by the driving school and used for behind-the-wheel driving instruction or for the road test portion of the driving test administered by the Commission. This certificate of insurance shall stipulate that such insurance may not be cancelled or terminated, except upon 30 days prior written notice by the insurer to the Chief Administrator of the Motor Vehicle Commission. In the event of the cancellation or expiration of such insurance, no motor vehicle listed on the certificate of insurance shall thereafter be used for the provision of behind-the-wheel driving instruction or for the road test portion of the driving test administered by the Commission.

(c) Any vehicle, except a motorcycle, used for instruction by a driving school must be equipped with seat belts for both the student(s) and instructor. The seat belts shall be used by both the student(s) and instructor when the vehicle is being operated.

(d) Any vehicle, except a motorcycle, used for instruction by a driving school must be equipped with inside and outside rear view mirrors for both student and instructor.

(e) Any vehicle, except a motorcycle, used for instruction by a driving school must have a clean interior and must be equipped with:

1. Operable door locks;

2. An operable heater, defroster and air conditioner; and

3. Properly operating seats and seat adjustments.

(f) All vehicles used for instruction by a driving school, except a motorcycle, shall be subject to inspection by the Chief Administrator or his or her designee, for compliance with the requirements of this section. Any such inspection may be conducted at any time during regular business hours, upon 24 hours notice to the driving school. The inspection may be rescheduled by the Chief Administrator or his or her designee due to the unavailability of vehicles due to previously scheduled behind-the-wheel instruction. Such inspection shall take place at the driving school's principal place of business or approved branch office.

N.J. Admin. Code § 13:23-2.28

Amended by, R.1984 d.216, effective 6/4/1984.
See: 16 N.J.R. 209(a), 16 N.J.R. 1354(a).
"$ 100,000" changed to "$ 250,000" and "$ 300,000" changed to "$ 500,000".
(a)5 new.
Amended by R.1991 d.371, effective 7/15/1991.
See: 23 N.J.R. 662(a), 23 N.J.R. 2151(a).
Changed heading; former title "Conditions for issuance of certificate".
Deleted "A school vehicle identification certificate will not be issued unless and until: 1. Such vehicle is"; added "Any vehicle, except buses, motorcycles and articulated vehicles, used for instruction by a driving school must be" in (a).
Redesignated (a)2 as (b) and changed "drivers' " to "driving"; changed "on a form supplied" to "required by this subsection"; added "submitting an original certificate of insurance"; deleted ", and the school vehicle identification certificate shall terminate automatically and must be surrendered to the Director" with other stylistic changes.
Redesignated (a)3 as (c); added ", except a motorcycle, used for instruction by a driving school must be".
Deleted "for instruction purposes" from former (a)4.
Redesignated (a)5 as (d); added ", except a motorcycle, used for instruction by a driving school must be".
Amended by R.1996 d.265, effective 6/3/1996.
See: 28 N.J.R. 1479(a), 28 N.J.R. 3004(a).
Amended by R.1999 d.186, effective 6/7/1999.
See: 31 N.J.R. 744(a), 31 N.J.R. 1499(b).
In (b), added an alternative at the end of the first sentence.
Amended by R.2004 d.444, effective 12/6/2004.
See: 36 N.J.R. 2180(a), 36 N.J.R. 5372(a).
Rewrote (b).
Amended by R.2007 d.236, effective 8/6/2007.
See: 38 N.J.R. 4405(a), 39 N.J.R. 3391(a).
In (b), inserted "listing each motor vehicle owned or leased by the driving school and used for behind-the-wheel driving instruction or for the road test portion of the driving test administered by the Commission" and "or for the road test portion of the driving test administered by the Commission", and deleted "driving school purposes, including" preceding "the provision".
Amended by R.2010 d.080, effective 6/7/2010.
See: 41 N.J.R. 4408(a), 42 N.J.R. 1059(a).
Added (f).