1. (1) Certification Requirements. No person or entity shall own or operate an establishment to conduct Instruction for Hire unless licensed by the Registrar in accordance with either M.G.L. c. 90, § 32G and § 32G½. Applicants shall comply with any applicable DOE requirements prior to engaging in instructional activity.

2. (2) Qualifications for a Driver Education Provider Certificate. In addition to the conditions specified in either M.G.L. c. 90, § 32G and § 32G½ (as applicable), and requirements contained in other sections of 540 CMR 23.00, applicants for a driving school license must satisfy the following requirements. Unless otherwise noted, the requirements apply to both the initial license and any renewal license.

   1. (a) Application. An applicant for a Driver Education Provider certificate shall complete and submit an application in a form prescribed by the Registrar and:

      1. 1. Pay all required non-refundable fees;
      2. 2. Apply for and successfully pass an inspection of the driver education premises conducted by the Registrar or his or her designee;
      3. 3. Submit a copy of the program of instruction that meets or exceeds the minimum program standards established by the Registrar. At the time of application, an applicant for a driving school certificate shall submit a written course curriculum describing the classroom and behind the wheel instruction to be used. The curriculum must demonstrate that it includes such minimum standards as established by the Registrar. The curriculum shall include a description of each of the skills/techniques required to be taught and an explanation of the method and sequence by which they will be taught. Once approved by the Registrar, a driver training program shall not materially alter a program of instruction, including the curriculum, without prior written approval from the Registrar.
      4. 4. Submit written proof of insurance as required by 540 CMR 23.04(3)(c).
      5. 5. Provide a performance bond, acceptable to the Registrar in the amount of $10,000 for a Driver Education Provider with one location; $25,000 for a Driver Education Provider with up to three locations; and $50,000 for a Driver Education Provider with more then three locations. The performance bond shall be held to provide reimbursement to students and/or parents in the event that the program ceases to function and fails to provide or complete the contracted instruction.
   2. (b) Criminal Record Check. Each applicant, and any officer, director, stockholder, partner, employee, or any other person directly or indirectly who has a financial interest in the business, shall be subject to a criminal record check. A driving school certificate shall be denied if the applicant or any person who has a direct or indirect financial interest in the business has been convicted of, pleaded guilty to, or engaged in any conduct proscribed by M.G.L. c. 90, § 32G or § 32G½ , as applicable.

   3. (c) Business Information.

      1. 1. If the applicant is a corporation, limited liability company or limited liability partnership, a copy of the applicable Articles of Organization, Certificate of Organization, or Registration, including registration as a Foreign Corporation doing business in Massachusetts, required to be filed with the Secretary of State for the Commonwealth, must be submitted.
      2. 2. If the applicant is either an individual or entity (including a corporation) conducting business under a trade name, a copy of the business certificate issued by the municipality where the applicant conducts business or will be conducting business must be submitted.
      3. 3. Each applicant must submit the employer’s federal tax identification number (FID/EIN).

3. (3) Terms for Maintaining a Driver Education Provider Certificate.

   1. (a) Renewal. In order to maintain licensure, a Driver Education Provider must annually submit a renewal application and any required fee.
   2. (b) Inspection. Each provider shall cooperate fully with the requests of an RMV inspector and shall make available any and all records upon request. Each school shall provide RMV inspectors with an opportunity to observe any classroom or behind the wheel instruction as requested.
   3. (c) Insurance Coverage. Each provider shall at all times maintain current insurance coverage that meets or exceeds the coverage requirements set by M.G.L. c. 90, § 34A including, but not limited to, the vehicle liability policy, motor vehicle liability bond and personal injury protection minimums. All such documentation shall be subject to review by the Registrar, RMV inspectors, the Commissioner of Insurance and current or prospective customers.

   4. (d) Changes in Business Name, Address or Ownership. The Principal Administrator shall notify the Registrar, in writing, within 30 calendar days of any of the following:

      1. 1. A change in the name or address of the business;
      2. 2. A transfer of the business or a change of ownership, including a change in the form or ownership; except that a transfer of less than a majority interest in a corporation shall not be considered a change in ownership.
      3. 3. The dissolving of the business or the ceasing of regular business activity, except that if the program has taken full or partial payment for student instruction it will not be providing, or if the program has not provided students who have completed the program with the required certificate of completion, the program’s Principal Administrator shall inform the Registrar, prior to or immediately upon cessation of business, of the names and addresses of students who are owed refunds and the amounts owed to each and the names and addresses of the students who have completed the program but have not received the certificate of completion. The Program Administrator shall also provide a list of each student who has not completed the program indicating the number of hours of classroom and behind the wheel instruction the student has not completed or is required to complete for certification.
   5. (e) Performance Bond Required. A Professional Driving School and a Driver Skills Development Program shall maintain a performance bond, acceptable to the Registrar as described above relative to the application process.

23.05 Facility and Equipment Requirements

1. (1) Professional Driving School and Public School Driver Education Program Requirements.

   1. (a) Main Business Office. Each driving school shall maintain one permanent main business office readily accessible to the public and open for inspection during regular business hours. The office space shall comply with local and state building and sanitation requirements, all legal requirements regarding accessibility by persons with disabilities, and all relevant guidelines of the Registrar. True copies of the following must be conspicuously displayed for the benefit of the public:

      1. 1. Driving School Certificate;
      2. 2. Driving School Instructor Certificates; and
      3. 3. Inspection Reports
   2. (b) Recordkeeping. Business records, including records of student attendance and instruction, personnel records of instructors, records of vehicles used in the program and maintenance records of such vehicles, and leases or licenses and certificates of occupancy, if applicable, for any of the facilities used, shall be maintained at the main business office. Each Professional Driving School and Public School Driver Education Program shall comply with guidelines established by the Registrar for the form, content and retention period of required records.
   3. (c) Classroom Specifications. Classroom activity shall be conducted in a building suitable for such activity. A local occupancy certificate and other reasonable documentation indicating that the interior and exterior of the building meet local and state building and sanitation requirements shall be submitted with the application. The facilities shall also comply with all legal requirements regarding accessibility by disabled persons.

   4. (d) Equipment Specifications. All classroom facilities of the Professional Driving School and Public School Driver Education Program shall be equipped with suitable desks or tables, chairs and other items deemed necessary by the Registrar to adequately conduct and support educational activity.

      1. 1. Classroom Equipment.

         1. a. Audio, Video & Interactive Equipment. The school shall maintain audio, video or interactive equipment, acceptable to the Registrar, that is necessary to make appropriate use of the required curriculum and supplemental material.
         2. b. Computer System. The school shall maintain an appropriately configured computer system (with printer and monitor) for administrative use in maintaining the student and administrative records required by the Registrar. The computer shall be equipped to send and receive electronic mail (e-mail) to facilitate electronic communication between the school and the Registrar for the purposes of program administration and exchange of student record information.
         3. c. Upgrades and Replacements. The Registrar may require schools to upgrade or replace equipment when the equipment currently in use by the school is obsolete or no longer conducive to the proper conduct of a Professional Driver Education Program.

      2. 2. Vehicles.

         1. a. Vehicle Condition. Each vehicle used for driving instruction shall have passed the most recent Massachusetts safety and emissions inspection, and any site visit inspection by the Registrar. A vehicle used for driving instruction shall be properly equipped, registered and insured as a commercial vehicle, and shall be maintained in proper operating condition. The Registrar may order a school to immediately cease using a vehicle if the Registrar determines the vehicle is unsafe or not otherwise in compliance with applicable laws, regulations or policies of the Registrar.
         2. b. Air Bag Equipped. All vehicles used for driving instruction shall at a minimum have an operational air bag system that provides protection for the driver in a frontal collision.
         3. c. Safety Belts. Each seating position in each vehicle used for driving instruction shall have a functional safety belt for each occupant.
         4. d. Dual Brakes. Every vehicle used for driving instruction shall be equipped with dual brake controls as required by M.G.L. c. 90, § 7.
         5. e. Signage. Each vehicle used for driving instruction shall display a sign or lettering acceptable to the Registrar, which shall at least identify the name of the school and the school’s main telephone number in lettering at least 1.5 inches in height and 0.5 inches in width which shall be visible from the front and rear of the vehicle or from the sides of the vehicle. In the alternative or in addition, the school may, at its option, use a roof sign for this purpose. Additionally, the words “Student Driver” shall be displayed in lettering at least 1.5 inches in height and 0.5 inches in width, which shall be visible from the front and rear of the vehicle.
         6. f. Smoking Prohibited. No smoking shall be allowed in any vehicle used for driving instruction while it is being used for instructional purposes.
         7. g. Cell Phone Use Prohibited. No person shall use a cellular telephone in a driving instruction vehicle while a student is operating the vehicle except to seek emergency assistance.

2. (2) Driver Skills Development Program Requirements.

   1. (a) Recordkeeping. Each program shall maintain an office in Massachusetts where business records, including records of student attendance and instruction, personnel records of instructors, records of vehicles used in the program and maintenance records of such vehicles, and leases or licenses and certificates of occupancy, if applicable, for any of the facilities used, shall be maintained. Records shall be accessible for inspection by the Registrar during normal business hours, clearly labeled and shall not be commingled with any other business’s records. Each Driver Skills Development Program shall comply with guidelines established by the Registrar for the form, content and retention period of required records. True copies of the following shall be maintained with business records:

      1. 1. Driver Skills Development Program certificate;
      2. 2. Driver Skills Development Instructor certificates;
      3. 3. The most recent inspection report completed by the Registrar.
   2. (b) Computer System. The program shall maintain an appropriately configured computer system (with printer and monitor) for administrative use in maintaining the student and administrative records required by the Registrar. The computer shall be equipped to send and receive electronic mail (e-mail) to facilitate electronic communication between the program and the Registrar for the purposes of program administration and exchange of student record information.
   3. (c) On-site Training Room. A classroom facility must be available to provide the portion of instruction not conducted behind the wheel in a structure suitable for such purposes, as approved by the Registrar, with the ability to accommodate at least ten students.
   4. (d) Toilet Facility. An on-site toilet facility shall be provided for the use of students, parents and instructors and maintained in a sanitary manner for use during instruction programs.

   5. (e) Off-road Course. All in-vehicle instruction and training exercises shall be conducted on an off-road course approved by the Registrar. Such course shall consist of a suitable paved and level road surface devoid of potholes, bumps, permanent obstacles or other potential road hazards that could hinder safe instruction. Non-permanent obstruction placed by program staff specifically to facilitate instruction, such as traffic cones, are permitted. Access to such closed off-road course shall be controlled by the Principal Administrator of the Driver Skills Development Program and the Principal Administrator shall ensure that the course remains safe from unauthorized intrusions by non-participants. Off-road courses are subject to inspection by the Registrar.

      1. 1. Dimensions. Off-road courses shall be a minimum of 950 feet in length, at least 125 feet in width, paved, and provide a perimeter of at least 50 feet of unobstructed land in all directions.
      2. 2. Evidence of Right to Use Course. A Driver Skills Development Program that does not own the off-road course where it conducts its training must provide documentary evidence that it rents, leases or has a license to use the property or otherwise has written permission from the property owner to use such property for such training.

   6. (f) Vehicles.

      1. 1. Informed Consent. The Principal Administrator shall be responsible to ensure that each person that drives or rides in a vehicle as part of a Driver Skills Development Program has given his or her informed consent for the training that will be conducted.
      2. 2. Vehicle Condition. Each vehicle used for a Driver Skills Development Program shall be less than three model years old, shall be maintained in good mechanical condition and be free from body damage containing sharp edges. Each vehicle used for driving instruction shall have passed the most recent Massachusetts safety and emissions inspection, and any site visit inspection by the Registrar. The Registrar may order a program to immediately cease using a vehicle if the Registrar determines the vehicle is unsafe or not otherwise in compliance with applicable laws, regulations or policies of the Registrar.
      3. 3. Vehicle Registration. Each vehicle used for a Driver Skills Development Program shall be properly equipped, registered and insured as a commercial vehicle, and shall be maintained in the proper operating condition. Any vehicle that is registered in another state and operated on a public way in this state shall have insurance coverage that meets or exceeds the insurance coverages required by M.G.L. c. 90, § 34A.
      4. 4. Vehicle Maintenance. All vehicles used for Driver Skill Development Instruction shall be regularly maintained to ensure that all systems are in proper working order and continually meet the safety inspection standards set by Massachusetts law. It is the Principal Administrator’s responsibility to ensure that braking, suspension and steering systems on each vehicle are working properly prior to each day’s session and that all tires on each vehicle are in an acceptable and safe condition for the instruction that will be provided during the session. Copies of records of regular vehicle maintenance shall be made available when requested by the Registrar.
      5. 5. Tires. The type of tires used on such vehicles shall be appropriate for the repeated severe braking and maneuvering required for such driver skills development training, shall be properly inflated, shall not contain bald spots, uneven wear, bulges, embedded foreign matter that can damage the tire, or wear bars that are even with the tread and shall have sufficient tread on all four tires to ensure safe operation.
      6. 6. Air-bag Equipped. All driving instruction vehicles shall be equipped with driver and passenger side air bags.
      7. 7. Safety Belts. Each seating position in each vehicle used for driving instruction shall have a functional safety belt, which must be worn by each occupant.
      8. 8. Anti-lock Brake System (ABS). All driving instruction vehicles shall be equipped with ABS brakes. A school may use a non-ABS equipped vehicle to demonstrate the difference in braking systems.
      9. 9. Smoking Prohibited. No smoking shall be allowed in any instruction vehicle while it is being used for instructional purposes.
      10. 10. Cell Phone Use Prohibited. No person shall use a cellular telephone in a driving instruction vehicle while a student is operating the vehicle except to seek emergency assistance.