N.J. Admin. Code § 13:23-2.30

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

Section 13:23-2.30 - Advertising

(a) Advertising by driving schools shall conform to the following:

1. Schools must not publish, advertise or intimate that licensure is guaranteed or assured upon completion of instruction.

2. Advertisements or signs using a phrase such as "License or Plates Secured Here" are prohibited.

3. Advertisements such as "no charge for road test failures" are prohibited.

4. The driving school may use, on forms, agreements, and similar documents, or in advertising, the phrase "This school is licensed by the State of New Jersey." No other reference to the State of New Jersey, the former Division of Motor Vehicles, or the Motor Vehicle Commission is permitted.

5. The use of the word "State", in any sign or other medium of advertising, except as permitted in (a)4 above, is prohibited.

6. A driving school shall not advertise the address of any location other than the licensed principal place of business, or a licensed branch office.

7. The driving school shall not advertise any name or combination of names, or abbreviation of name, other than the trade name by which the driving school is licensed to do business by the Chief Administrator and which appears on the driving school wall license.

8. A driving school shall not solicit business, or cause business to be solicited on its behalf, or display or distribute any advertising material in such a manner as to give the impression that the business has some official connection with the Commission or an authorized motor vehicle agent. This paragraph shall not be construed to prohibit driving schools from appearing at driver testing locations with vehicles that contain the business name, license number, address, or telephone number of the driving school, or any sign(s) or identification required or permitted by this chapter or 39:12-1 et seq.

9. Any advertising used by the driving school in any medium shall contain the license number of the driving school.

(b) All advertisements and public representations sponsored, procured, utilized, published, endorsed, presented or otherwise disseminated by, at the direction or on behalf of a driving school shall be based on fact and shall not be false, deceptive, or misleading.

(c) Any advertisement through any medium that cannot be changed, deleted, or withdrawn within a period of seven days or less, including classified telephone directory advertisements, shall require the approval of the Chief Administrator or his or her designee prior to printing. A copy of an advertisement that is subject to the requirements of this subsection shall be submitted to the Chief Administrator in writing.

(d) A driving school may advertise only those telephone numbers that are listed for the school's principal place of business or licensed branch office(s). Telephone calls shall not be received at, call forwarded to or otherwise transferred to any other location.

N.J. Admin. Code § 13:23-2.30

Amended by, R.1984 d.216, effective 6/4/1984.
See: 16 N.J.R. 209(a), 16 N.J.R. 1354(a).
Section substantially amended.
Amended by R.1991 d.371, effective 7/15/1991.
See: 23 N.J.R. 662(a), 23 N.J.R. 2151(a).
Changed "drivers' " to "driving" throughout.
Changed "license" to "licensure" and "instructions" to "instruction" in (a)1.
Deleted "the display of such signs,"; added "advertisements or signs using a phrase such" in (a)2.
Deleted (a)4.
Redesignated (a)5 as 4; changed "contracts" to "agreements"; added "No other reference to the State of New Jersey or the Division of Motor Vehicles is permitted."
Redesignated (a)6, 7, 8, 9 as (a)5, 6, 7 and 8.
Added reference in (a)8 to N.J.S.A. 39:12-1 et seq.
Stylistic changes throughout.
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.2004 d.444, effective 12/6/2004.
See: 36 N.J.R. 2180(a), 36 N.J.R. 5372(a).
In (a), added 9; rewrote (c).
Amended by R.2007 d.236, effective 8/6/2007.
See: 38 N.J.R. 4405(a), 39 N.J.R. 3391(a).
Rewrote the last sentence of (a)8; and in (d), substituted "office(s)" for "location" and "other" for "unlicensed", deleted the quotation marks around "call forwarded", and inserted "during regular business hours".
Amended by R.2010 d.080, effective 6/7/2010.
See: 41 N.J.R. 4408(a), 42 N.J.R. 1059(a).
In (d), deleted a comma following "to" and "during regular business hours" following "location".