§ 53-3-502. Definitions.

     As used in this part:

(1)

(a) "Commercial driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:

(i) drive motor vehicles, including motorcycles; and

(ii) prepare an applicant for an examination given by the state for a license or learner permit.

(b) A commercial driver training school may charge a consideration or tuition for the services described under Subsection (1)(a).

(2)

(a) "Commercial testing only school" means a business enterprise conducted by an individual, association, partnership, or corporation that:

(i) is designated by the division as a commercial testing only school;

(ii) employs instructors who are certified by the division; and

(iii) engages only in testing students for the purpose of obtaining a driver license.

(b) A commercial testing only school may conduct behind-the-wheel or observation instruction if approved by the division.

(c) A commercial testing only school may not engage in education or training of persons, either practically or theoretically, or both to drive motor vehicles, except when:

(i) counseling the driver following a test in reference to errors made during the administration of the test; or

(ii) conducting behind-the-wheel or observation instruction if approved by the division.

(d) A commercial testing only school may not test an individual who has completed any behind-the-wheel or observation instruction through the school with which the tester is employed.

(3) "Instructor" means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:

(a) teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;

(b) prepares persons to take an examination for a license or learner permit; or

(c) supervises the work of any other instructor.

(4) "School operator" means a person who:

(a) is certified as an instructor;

(b) has met the requirements for school operator status as established by the division;

(c) is authorized or certified to operate or manage a driver training school; and

(d) may supervise the work of another instructor.

Amended by Chapter 266, 2006 General Session