Section 30. Business practices

A. A school shall not use any name other than that shown on its school license. Schools using the same or similar name of another current or former school or similar business, or using names considered to be offensive in nature, as determined by the department, shall not be licensed by the department.

B. A school that utilizes "Department of Motor Vehicles" or "DMV" in any form of advertising including, but not limited to, telephone directories and websites shall use only the words "Licensed by the Department of Motor Vehicles (DMV) of the Commonwealth of Virginia." A school shall not refer to any other state agency or board in any documentation or advertisement. Schools with web sites shall notify the department of their web addresses when applying for or renewing their license or when the site becomes operational, whichever is sooner.

C. A school shall not use false, deceptive or misleading information in any advertisement or provide this type of information to prospective students.

D. A school, instructor, owner or any other person employed by or otherwise associated with a school shall not:

1. Assert or imply that it will guarantee that any student will pass the state driver's license examination;

2. Assert or imply that the student can secure a driver's license;

3. Assert or imply that the student will be guaranteed employment upon completion of any course of instruction;

4. Transact or solicit driver training school business on property owned, leased or maintained by the department;

5. Provide translation services for any individual who is taking the department's driver's license knowledge examination;

6. Falsify forms, certificates or other documents for use by students or other individuals in order to obtain a driver's license;

7. Possess, use, provide, sell or give the department's driver licensing test questions to students or other individuals;

8. Assist or facilitate the creation of false identification documents of any kind or false residency certification for any individual;

9. Provide instruction at a site not formally approved by the department;

10. Contract or subcontract, without written approval of the parents or legal guardians, with other driver training schools or driver training organizations to provide classroom or in-vehicle instruction for students under 18 years of age who are not married or emancipated;

11. Have, use, keep or be under the influence of alcohol, illegal drugs or substances, or otherwise legal drugs or substances that would affect a person's ability to drive or provide or receive instruction while such person is on the premises of or in vehicles used by the school; or

12. Conduct themselves in a manner not suitable or compatible with school-related activities. Such prohibited conduct includes, but is not limited to:

a. Touching in a manner that would be considered inappropriate by a reasonable person;

b. Telling jokes or making statements or comments that a reasonable person would consider (i) to be hateful or demeaning to a particular race or ethnicity, or (ii) to have sexual or otherwise vulgar content or connotation;

c. Displaying objects or materials that a reasonable person would consider unpleasant, distasteful, nasty, disgusting, hateful or otherwise unsuitable;

d. Berating or otherwise harassing students or other persons;

e. Running errands;

f. Except for emergency situations, using telecommunications or any other audio or video equipment during periods of in-vehicle or classroom instruction that are not part of the course of instruction. If an emergency situation occurs during in-vehicle instruction, such use should, whenever possible, be made once the vehicle is safely off the road and stopped;

g. Eating during periods of instruction;

h. Use of tobacco products during periods of instruction;

i. Creating a training environment considered hostile or otherwise intimidating to a reasonable person; or

j. Allowing any student to engage in such prohibited conduct outlined above.

E. Except when full tuition has not been satisfied, a school shall provide, within five business days of the successful completion of program requirements and in a manner prescribed by the department, the certificate of completion needed by the student (i) to obtain a driver's license, (ii) for insurance verification purposes, or (iii) for employment purposes. No fee shall be charged by the school for the original certificate.

F. Schools shall operate in accordance with the driver training school operations manual as provided and updated by the department.

G. No school vehicles shall park on the department's owned, leased or maintained property except for the purposes of conducting official business with the department during normal business hours. At no time whatsoever shall a school provide training to a student on the department's owned, leased or maintained property.

Historical Notes

Derived from Volume 24, Issue 04, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 09, eff. February 2, 2011.

Statutory Authority

§§ 46.2-203 and 46.2-1703 of the Code of Virginia.