S.C. Code Regs. § § 90-115

Current through Register Vol. 48, No. 11, November 22, 2024

Section 90-115 - Driver Training School Contracts

A. All written contracts or records of agreement by or between any driving school and any individual, partnership, corporation, firm, or association for the sale, purchase, barter, or exchange of any driving instruction or any theory/classroom instruction, or the preparation of any application for an examination given by the Department for an operator's license or permit must differentiate between theory/classroom and behind-the-wheel training and contain the following:

(1) A statement indicating the agreed upon contract price and terms of payment, including any additional fees that may be charged;

(2) The type of vehicle to be used in non-commercial training (either a standard vehicle equipped with a standard or manual transmission with extra wheel brake and clutch pedal or a vehicle with an automatic transmission with an extra brake pedal);

(3) The student's name; and

(4) The name and address of the driver training school.

B. No driver training school may sell, transfer, trade, or otherwise dispose of any contract, portion of a contract, agreement of obligation, by or between any driving school and student unless the driving school has obtained the written consent of the student. Any contract or record of agreement for a student less than eighteen years of age must be signed by a parent, guardian, or responsible adult in the presence of the instructor offering the instruction. Any record or contract between the driving school and any student which is lost, mutilated, or destroyed shall be reported to the Department immediately in writing.

C. A commercial driver training school may enter into contracts with other organizations to provide training to employees or individuals under a pre-employment contract, provided that each of the following conditions are satisfied:

(1) The contracting school shall notify the Department via approved methods of any scheduled training with outside companies and their employees 48 hours prior to conducting the training. Notification to the Department shall include company name and physical location where the training will be conducted;

(2) The contracting organization certifies that all instructors meet the requirements of federal and state law, including drug and alcohol testing; and

(3) Student records are retained by the school for three years.

S.C. Code Regs. § 90-115

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007; State Register Volume 45, Issue No. 05, eff. 5/28/2021; State Register Volume 46, Issue No. 06, eff. 6/24/2022.