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Driver Training Schools Regulations

made under Section 63 of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2004-389 (September 30, 2004), N.S. Reg. 212/2004

as amended to O.I.C. 2015-96 (March 31, 2015, effective June 1, 2015), N.S. Reg. 127/2015


Citation

1     These regulations may be cited as the Driver Training Schools Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Motor Vehicle Act;

 

                (b)    “applicant” means a person who applies for a driver training school license or an instructor license, as the context requires;

 

                (c)    “branch office” means a satellite office of a driver training school;

 

                (d)    “driver training” means instruction in the operation of a motor vehicle;

 

                (e)    “driver training school” means a business that provides, for a fee, driver training, but does not include a public school;

 

                (f)    “driver training school license” means a license issued to a person under subsection 5(1) or (2) to allow the person to conduct a driver training school in the Province;

 

                (g)    “driver training school operator” means a person who holds a valid driver training school license;

 

                (h)    “dual control brake” means an extra braking system of a type approved by the Department that is installed in a motor vehicle so that it is

 

                         (i)     attached to the existing foot brake of the vehicle, and

 

                         (ii)    under the control of a driving instructor in the right front seat of the vehicle;

 

                (i)     “instructor” means a person who, for compensation, provides driver training;

 

                (j)     “instructor license” means a license issued to a qualified person under subsection 16(1) to allow the person to provide driver training on behalf of the driver training school in which the person is employed; and

 

                (k)    “licensed instructor” means an instructor who holds a valid instructor license.


General requirements for driver training schools

3     (1)    Every driver training school must have a driver training school license that is in force.

 

       (2)    Every driver training school must be registered in good standing with the Registry of Joint Stock Companies.

 

       (3)    The Department must be satisfied that every principal of a driver training school is of a suitable character and background to operate a driver training school and has not been convicted of a criminal offence.

 

       (4)    Every driver training school must deliver a driver training program in accordance with these regulations.

 

       (5)    Every driver training school must provide driver training only by persons licensed as instructors under these regulations.

 

       (6)    Every driver training school must provide theory instruction in a facility that is equipped with training aids and suitable washrooms and, in the opinion of the Department, is suitable for its purpose.

 

       (7)    Every motor vehicle used by a driver training school for the purpose of driver training must meet the requirements of these regulations.


Application for driver training school license

4     (1)    An application for a driver training school license must be made to the Department on the form prescribed by the Department.

 

       (2)    An application under subsection (1) must be accompanied by

 

                (a)    an application fee of $66.30, plus an additional application fee of $66.30 for each branch office, in addition to the total driver training school license fee required by subsection 5(5);

Clause 4(2)(a) amended: O.I.C. 2015-96, N.S. Reg. 127/2015.

 

                (b)    proof that the driver training school is registered in good standing with the Registry of Joint Stock Companies;

 

                (c)    a report on the results of a criminal record search on the principals of the applicant by the appropriate police agency;

 

                (d)    details of the driver training program including syllabus, texts and other materials to be used in the delivery of the program;

 

                (e)    details of the training aids and the facility to be used for theory instruction, including any lease or rental agreement;

 

                (f)    a list of the instructors for the driver training school;

 

                (g)    a list of the vehicles, including registration numbers, to be used by the driver training school to conduct driver training; and

 

                (h)    proof of insurance in accordance with Section 20,

 

and any additional information about the driver training school that the Department requests.

 

       (3)    An applicant for a driver training school license must allow the Department to inspect the equipment, vehicles, premises and any material to be used in connection with the driver training school.


Issuance of driver training school license

5     (1)    Upon receipt of an application under Section 4, the Department may issue a driver training school license to the applicant if the Department is satisfied that the applicant is suitable to be licensed.

 

       (2)    If a driver training school has one or more branch offices in the Province, the Department may issue a separate driver training school license for each branch office.

 

       (3)    A driver training school license must show the name and address of the licensed driver training school and any additional information that the Department requires.

 

       (4)    A driver training school license is valid for the calendar year in which it is issued.

 

       (5)    The fee for a driver training school license is $66.30 plus an additional $66.30 fee for a driver training school license for each branch office.

Subsection 5(5) amended: O.I.C. 2015-96, N.S. Reg. 127/2015.


Renewal of driver training school license

6     (1)    Upon application by a driver training school operator, the Department may renew the driver training school license.

 

       (2)    An application for renewal under subsection (1) must be in the form prescribed by the Department and must be accompanied by

 

                (a)    a license renewal fee of $66.30;

Clause 6(2)(a) amended: O.I.C. 2015-96, N.S. Reg. 127/2015.

 

                (b)    proof that the driver training school is registered in good standing with the Registry of Joint Stock Companies; and

 

                (c)    a report on the results of a criminal record search on the principals of the applicant by the appropriate police agency;

 

                (d)    a list of instructors employed by the driver training school;

 

                (e)    a list of the vehicles, including registration numbers, to be used by the driver training school to conduct driver training; and

 

                (f)    proof of insurance in accordance with Section 20,

 

and any additional information about the driver training school that the Department requires.

 

       (3)    If a driver training school license has lapsed for a period exceeding one year, the operator must apply as if they were a new applicant.


Duties of driver training school operator

7     A driver training school operator must

 

                (a)    display the driver training school license in a prominent place on the premises of the driver training school or the branch office and produce it for inspection upon request;

 

                (b)    permit the Department to conduct periodic monitoring of all driver training programs offered by the driver training school;

 

                (c)    notify the Department, in the manner prescribed by the Department, within 2 weeks of the successful completion of a driver training program by a student driver, of

 

                         (i)     the student’s name,

 

                         (ii)    the student’s driver’s license master number,

 

                         (iii)   the course certificate number,

 

                         (iv)   the student’s full address including postal code,

 

                         (v)    the date of completion of the program, and

 

                         (vi)   the number of hours of instruction that the student completed;

 

                (d)    notify the Department in writing within 7 days after an instructor’s employment with the driver training school is terminated and indicate in the notice the reason for the termination;

 

                (e)    ensure that the program is being delivered in accordance with the regulations;

 

                (f)    keep such records as the Department requires for a minimum of 5 years and permit the records to be inspected by the Department;

 

                (g)    notify the Department 30 days before any change that affects the information provided with the license application under Section 4, including a change in the training facility, vehicles, insurance providers and coverage and principals of the driver training school; and

 

                (h)    ensure that all vehicles used for driver training meet the requirements of these regulations.


Minimum requirements for Class 5 driver’s license driver training program

8     For the purpose of clause 70(6)(b) of the Act, the Department may approve a driver training program for a Class 5 driver’s license that meets the following minimum requirements:

 

                (a)    25 hours of theory instruction, not to exceed 7 hours of instruction in a 24-hour period, in a facility suitable for the subject being taught as determined by the instructor and subject to the approval of the Department, using a syllabus, texts and other materials approved by the Department, which must include

 

                         (i)     car care and familiarization,

 

                         (ii)    driver licensing,

 

                         (iii)   driver responsibility,

 

                         (iv)   driver psychology,

 

                         (v)    insurance,

 

                         (vi)   vision,

 

                         (vii)  the Act and regulations made under the Act,

 

                         (viii) occupant restraint systems,

 

                         (ix)   alcohol, drugs and driving,

 

                         (x)    risk perception,

 

                         (xi)   identifying hazardous situations and driver action,

 

                         (xii)  driving under adverse conditions,

 

                         (xiii) approach of emergency vehicles,

 

                         (xiv) fuel-efficient driving,

 

                         (xv)  vehicle technologies such as braking systems and drive train systems, and

 

                         (xvi) standard transmission; and

 

                (b)    not less than 10 hours of in-vehicle instruction for each student, not to exceed 2 hours of actual driver training time per session, in defensive driving techniques including

 

                         (i)     automobile familiarization,

 

                         (ii)    steering techniques,

 

                         (iii)   starting and stopping,

 

                         (iv)   right and left turns,

 

                         (v)    highway and urban driving,

 

                         (vi)   backing,

 

                         (vii)  controlled and uncontrolled intersections,

 

                         (viii) right-of-way,

 

                         (ix)   one-way streets,

 

                         (x)    lane changing,

 

                         (xi)   passing,

 

                         (xii)  parking,

 

                         (xiii) 2- and 3-point turns,

 

                         (xiv) risk perception,

 

                         (xv)  identifying hazardous situations and driver action, and

 

                         (xvi) crosswalk safety.


Requirements for Class 1, 2, 3 and 4 driver’s license driver training program

9     The Department may approve a driver training program for a Class 1, 2, 3 or 4 driver’s license that meets the requirements for programs set out in the Private Career Colleges Act and the regulations under that Act.


Requirements for motorcycle driver training program

10   The Department may approve a driver training program for the operation of a motorcycle that meets the requirements prescribed for that purpose by the Canada Safety Council, or other program which in the opinion of the Department is an equivalent program.


General requirements for instructors

11   (1)    A person who acts or offers to act as an instructor must

 

                (a)    have a valid instructor license;

 

                (b)    be employed by a licensed driver training school;

 

                (c)    have not,

 

                         (i)     within 10 years before their application for an instructor license, been convicted of

 

                                  (A)   an offence under subsection 97(1) or Section 100, 101 or 163 of the Act, or

 

                                  (B)   an unpardoned offence against a person or a sexual offence under the Criminal Code (Canada); and

 

                         (ii)             within 10 years before their application for an instructor license, had their driver’s license suspended, cancelled or revoked under Section 278 or subsection 282(6), 283(3) or 283(6) of the Act;

 

                (d)    hold a valid driver’s license for the class of vehicle that they provide instruction for;

 

                (e)    have met the requirements set out in Section 12, 13 or 14, as applicable; and

 

                (f)    have successfully completed a driver improvement course approved by the Department within the previous 12 months.

 

       (2)    Despite clause (1)(d), a person who otherwise meets the requirements of an instructor under these regulations and is only providing theory instruction is not required to possess a valid driver’s license.


Minimum course requirements for Class 5 instructors

12   (1)    A person who acts or offers to act as an instructor providing in-vehicle driver training for a Class 5 driver’s license must have completed a recognized course of study for instructors offered by a driver training school conducted by the Nova Scotia Safety Council or Young Drivers of Canada Corporation, or another course approved by the Department, that meets the following minimum requirements:

 

                (a)    a minimum of 40 hours of in-vehicle instruction to include

 

                         (i)     steering techniques,

 

                         (ii)    starting and stopping,

 

                         (iii)   right and left turns,

 

                         (iv)   highway and urban driving,

 

                         (v)    backing,

 

                         (vi)   controlled and uncontrolled intersections,

 

                         (vii)  right-of-way,

 

                         (viii) one-way streets,

 

                         (ix)   lane changing,

 

                         (x)    passing,

 

                         (xi)   parking, and

 

                         (xii)  2- and 3-point turns;

 

                (b)    a minimum of 40 hours of theory instruction to include

 

                         (i)     the Act and regulations made under the Act,

 

                         (ii)    driver licensing,

 

                         (iii)   highway and urban driving,

 

                         (iv)   insurance,

 

                         (v)    car care and familiarization, and

 

                         (vi)   crosswalk safety; and

 

                (c)    inclusion of any one of the following publications:

 

                         (i)     “Sportsmanlike Driving” published by McGraw-Hill,

 

                         (ii)    “Road Worthy” published by the Ministry of Transportation (Ontario),

 

                         (iii)   “How to Drive” published by the Canadian Automobile Association,

 

                         (iv)   the Propulsion text books, or equivalent text books, published by Propulsion International Inc., and

 

                         (v)    “Young Drivers of Canada” published by Young Drivers of Canada Corporation,

 

and any additional material approved by the Department.

 

       (2)    A person who acts or offers to act as an instructor providing theory driver instruction for a Class 5 driver’s license must have completed

 

                (a)    a course of study in accordance with subsection (1); and

 

                (b)    an instructor development course as approved by the Department.


Requirements for Class 1, 2, 3 and 4 instructors

13   A person who acts or offers to act as an instructor providing driver training for a Class 1, 2, 3 or 4 driver’s license must meet the requirements for instructors set out in the Private Career Colleges Act and the regulations under that Act.


Requirements for motorcycle instructor

14   A person who acts or offers to act as an instructor in the operation of a motorcycle must meet the requirements of the Canada Safety Council training program for instructors for that purpose.


Application for an instructor license

15   (1)    An application for an instructor license must be made to the Department on the form prescribed by the Department.

 

       (2)    An application under subsection (1) must be accompanied by

 

                (a)    an application fee of $33.00 plus the license fee required by subsection 16(5);

Clause 15(2)(a) amended: O.I.C. 2015-96, N.S. Reg. 127/2015.

 

                (b)    a report on the results of a criminal record search on the applicant by the appropriate police agency;

 

                (c)    proof of compliance with Section 12, 13 or 14, as applicable;

 

                (d)    proof of employment with a driver training school;

 

                (e)    a driver’s abstract for the applicant obtained within the previous 30 days; and

 

                (f)    if applicable, proof of insurance in accordance with Section 20,

 

and any additional information the Department requires.

 

       (3)    An applicant for an instructor license must submit to any examinations or tests that the Department requires.


Issuance of instructor license

16   (1)    Upon receipt of an application under Section 15, the Department may issue an instructor license to the applicant if the Department is satisfied that the applicant is suitable to be licensed.

 

       (2)    An instructor license must show the name and address of the instructor and the driver training school in which the instructor is employed, and any additional information that the Department may require.

 

       (3)    An instructor license may provide that the instructor is restricted to providing driver training in a classroom only.

 

       (4)    An instructor license is valid for 5 years from its date of issue.

 

       (5)    The fee for an instructor license is $165.70.

Subsection 16(5) amended: O.I.C. 2015-96, N.S. Reg. 127/2015.


Renewal of instructor license

17   (1)    Upon application by a licensed instructor on the form prescribed by the Department, the Department may renew their instructor license for a term of 5 years following the license renewal date.

 

       (2)    An application under subsection (1) must be submitted within 3 years after the expiry date of the instructor license and be accompanied by

 

                (a)    a license renewal fee of $165.70;

Clause 17(2)(a) amended: O.I.C. 2015-96, N.S. Reg. 127/2015.

 

                (b)    proof that the applicant has, within the previous 12 months, completed a driver improvement course approved by the Department;

 

                (c)    a report on the results of a criminal record search on the applicant by the appropriate police agency;

 

                (d)    proof of employment with a driver training school;

 

                (e)    a driver’s abstract for the applicant obtained within the previous 30 days; and

 

                (f)    if applicable, proof of insurance in accordance with Section 20,

 

and any additional information that the Department requires.

 

       (3)    An applicant for renewal of an instructor license must submit to any examinations or tests that the Department requires.

 

       (4)    An application for renewal of an instructor license that is submitted more than 3 years after the expiry date of the instructor license must be processed as an initial application under Section 15.


Duties of licensed instructor

18   A licensed instructor must

 

                (a)    carry their instructor license in the motor vehicle being used for driver training, and produce it for inspection upon request;

 

                (b)    notify the Department in writing within 7 days after termination of their employment with a driver training school, and indicate in the notice the reason for the termination;

 

                (c)    deliver driver training programs in accordance with these regulations;

 

                (d)    if the vehicle used for driver training is owned by the instructor, ensure that the vehicle meets the requirements of these regulations; and

 

                (e)    notify the driver training school operator who employs the instructor of any conviction or license suspension, cancellation or revocation that affects their ability to conduct driver training.


Revocation and suspension of license

19   (1)    The Department may suspend or revoke a driver training school license or an instructor license

 

                (a)    for any reason for which a motor vehicle permit or a driver’s license may be suspended, cancelled or revoked under the Act;

 

                (b)    if the Department is satisfied that the holder of the license has violated any provision of these regulations, or has made a false statement in an application made under these regulations; or

 

                (c)    for any reason that would entitle the Department to refuse to issue or renew a license to a person.

 

       (2)    If a student driver complains in writing to the Department that the driver training given by an instructor is not adequate or that the instructor displays unprofessional conduct, the Department may cause an inquiry to be made, and if satisfied that the complaint is justified, may revoke or suspend the license of the instructor or the driver training school that employs the instructor.

 

       (3)    If a license could be revoked under subsection (1) or (2) and the situation giving rise to the revocation can be corrected, the Department may suspend the license until the situation is corrected.

 

       (4)    The instructor license of an instructor who has been convicted of any offence under the Act that requires mandatory suspension or revocation of a driver’s license must be suspended and must remain suspended until the instructor’s driver’s license is restored.


Insurance

20   A motor vehicle provided by a driver training school or by an instructor and used for driver training must be insured under a motor vehicle liability insurance policy that is in the amount of at least $1 000 000.00 and that includes a driver training school endorsement.


Dual control brake for motor vehicles used for Class 5 driver training

21   Except as provided in subsection 22(2), a motor vehicle used to provide driver training for a Class 5 driver’s license must be equipped with a dual control brake.


Use of privately-owned vehicle for driver training

22   (1)    Driver training may be conducted in a vehicle supplied by the student driver receiving the training if the student driver requests it.

 

       (2)    If driver training is conducted in a motor vehicle supplied by the student driver, the motor vehicle does not need to be equipped with a dual control brake.


Vehicle signage

23   (1)    A motor vehicle provided by a driver training school and used for driver training must have

 

                (a)    “DRIVER TRAINING” and the name of the driver training school clearly marked on both sides of the vehicle; and

 

                (b)    “DRIVER TRAINING” or “STUDENT DRIVER” marked on the rear of the vehicle, free from foreign material and clearly visible for at least 60 m from the rear of the vehicle,

 

in lettering that is at least 10 cm in height and made of reflectorized material.

 

       (2)    The vehicle signage required by subsection (1) must be displayed on a motor vehicle used for driver training at all times when training is being conducted.

 

       (3)    In addition to the signage required by subsection (1), vehicle signage may also include a roof sign.

 

       (4)    Vehicle signage may be permanent or of removable magnetic material.


Maintenance of motor vehicle

24   (1)    A motor vehicle that is provided by a driver training school or an instructor and used for driver training must be maintained in accordance with the manufacturer’s recommendations at all times, and if the vehicle is more than 4 years old or has been driven for more than 250 000 km, it must be inspected every 6 months at an official testing station.

 

       (2)    If a motor vehicle used for driver training is equipped with a dual control brake, the dual control brake must be kept in good mechanical condition.