(a) Commercial driver training school contracts with individual students, public schools, or private schools shall contain (but are not limited to) the following information:
- (1) the agreed total contract charges and full terms of payment thereof;
(2) the number, nature, time and extent of lessons contracted for, including:
(A) classroom instruction:
- (i) rate per hour;
- (ii) date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;
- (iii) type of instruction;
- (iv) a limit of fifty students and no more than three hours of classroom work per day on school days and six hours per day on non-school days for unlicensed individuals under the age of eighteen.
(B) behind‑the‑wheel instruction:
- (i) rate per hour;
- (ii) date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;
- (iii) nature of lessons, whether individual or group. An instructor may not provide behind-the-wheel training to more than three individual students.
- (iv) rate for use of school vehicle for a driver's license road test, if an extra charge is made;
- (3) a statement which reads substantially as follows: "This agreement constitutes the entire contract between the school and the student, and any verbal assurances or promises not contained herein shall bind neither the school nor the student."
- (4) a statement which reads as follows: "This school is licensed by the State of North Carolina, Division of Motor Vehicles."
- (5) a statement which reads as follows: "Under this agreement an instructor may not provide behind-the-wheel training to more than three individual students."
- (b) If either the school or the instructor fails to comply with the provisions of any contract or agreement between the school and the student, the school shall refund, on a pro rata basis, all monies collected from the student as consideration for the performance of the contract or the agreement.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 2, 1979;
Amended Eff. August 1, 2000; July 1, 1994; December 1, 1993; May 1, 1987; June 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.