Administrative Code

Virginia Administrative Code
10/7/2022

Part III. Specific Requirements Related to Class B Licensure

24VAC20-121-200. Curriculum requirements for Class B licensed schools.

A. Except as otherwise provided in this subsection, course curriculum shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) published by the Virginia Department of Education (or any successor publication so published) and these regulations. A copy of the current guide may be obtained from the Virginia Department of Education at the following Internet link: http://www.doe.virginia.gov/VDOE/Instruction/PE/ca_guide.html

Course curriculum requirements other than those set forth in the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) may be established by the department. Once established, such requirements shall be made available by the department to Class B licensed schools, Class B license applicants and the public. A course curriculum meeting the established requirements must be submitted to the department at the time of Class B license application or renewal application, and must be approved by the department prior to the beginning of course instruction as provided in and in accordance with § 46.2-1702 of the Code of Virginia.

B. The department shall provide and update the list of course curriculum requirements from time to time, as deemed appropriate and necessary by the department, in consultation with all affected schools that are licensed by the department at the time of the update and other interested parties as identified by the department.

The department shall notify the affected schools when and if new relevant topics are added to the course curriculum. Schools shall have 45 calendar days after such notice is issued to update their course curriculum and to certify to the department in a format prescribed by the department that the school has added the new topics to the course curriculum.

C. The length of daily instruction shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) or as otherwise provided by these regulations.

D. The number of students in a driver training vehicle during in-vehicle instruction shall be no more than three and no less than two students. Students 18 years of age or older may receive one-on-one driver training with an instructor if such training is agreed to in the contract with the school. Students under 18 years of age who are not married or emancipated must have their parents or legal guardians sign a written release, an original to be maintained with the student's record, in order to receive one-on-one driver training with an instructor.

E. Except when one-on-one driver training is being provided as outlined in subsection D of this section, a student under 19 years of age riding alone with the instructor shall ride in the back seat of the driver training vehicle until other students are present in the vehicle.

F. Except when a student is driving the vehicle, the time during which a student is being transported in a driver training vehicle for the purposes of picking up a student or other students prior to the beginning of a period of instruction or dropping that student or other students off after the end of a period of instruction shall not count as observation time. Any student involved in one-on-one training with an instructor as permitted under subsection D of this section shall meet the observation requirements with at least one other student in the vehicle during in-vehicle training.

G. Students under 19 years of age shall only receive in-vehicle instruction with other students under 19 years of age.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

24VAC20-121-210. Class B instructor requirements.

Any instructor relying on a valid Virginia teaching license with a driver's education endorsement shall submit either the original license or a certified copy of the original license and an unexpired endorsement upon original application and renewal of the license. If submitted, the original license shall be returned to the instructor after review by the department.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-220. Equipment requirements for Class B licensed schools.

A. All vehicles used for driver education or used for testing purposes shall be marked by a rooftop sign, in bold letters not less than two and one-half inches in height, clearly visible 100 feet from the front and rear, stating one of the following: "Student Driver," "Learner," "New Driver," "Driver Education" or "Caution-Student."

All vehicles used by a school shall display the name of the school, as shown on the school license, on the outside of the vehicle when engaged in driver education or when the vehicle is being used for testing purposes. The name of the school shall be included either on the rooftop sign or affixed to both sides of the vehicle.

B. No motor vehicle may be used for driver education unless it is in safe mechanical condition as defined in these regulations. Each vehicle used for driver education in a school shall have dual controls consisting of dual brakes, dual inside rearview mirror and right-hand and left-hand outside mirrors. Any training vehicle or vehicles used for instruction shall not be more than nine model years old. This model year requirement may be waived or altered on a case-by-case basis for vehicles specially equipped to accommodate disabled individuals. The driver training vehicle shall be equipped with a minimum of four safety belts.

C. The department may exempt any school teaching disabled individuals from the requirement to provide motor vehicles, on a case-by-case basis. The school may use a vehicle provided by the disabled student for their in-vehicle instruction in the event that it is cost prohibitive for the school to maintain certain specialized equipment or if such equipment is not readily installed and removed or if it provides necessary practical experience for the student in their own vehicle. When using a student's vehicle, the school shall require that the disabled student provide written verification from the company insuring the vehicle that it is aware that the vehicle will be used for driver training instruction and the insurance is in full force during such use.

The school shall also require the disabled student to provide a copy of the current liability insurance policy for the vehicle. The school shall maintain a copy of the current liability insurance policy covering such vehicle in the student's file. The school shall also send prior to beginning instruction a notice to the department, in a format prescribed by the department, stipulating the reasons for using the student's vehicle and the anticipated dates of instruction as well as a copy of the current liability insurance policy on the vehicle.

Any school that uses a disabled student's motor vehicle must ensure that such vehicle is in safe mechanical condition as defined in these regulations, and displays signage as specified under these regulations.

D. All motor vehicles used by a licensed school for in-vehicle instruction shall be inspected and approved by the department based on the criteria outlined in these regulations before being used for student instruction. All motor vehicles used by a licensed school for the purpose of taking the driving examination shall have a valid registration in the vehicle and be in safe mechanical condition, as defined in these regulations.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

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