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Rules and Regulations

Rules and Regulations for Chapter 375-5-3

375-5-3-.02 Definitions.

 The following words and phrases, whenever used in this Chapter, shall have the meaning as in this section ascribed to them unless where used in the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are part.

(a) “Commercial Motor Vehicle Training School” means any person, partnership, limited liability company, corporation, association, or other legal entity engaged in giving driving instruction to ten (10) or more persons per calendar year for the purpose of meeting requirements for CDL licensed driving of motor vehicles in the State of Georgia, except an accredited elementary school, junior college or college conducting a driver training course and driver improvement schools operated by this state, a county or a municipality thereof.

(b) “Person” means every natural person, firm, partnership, limited liability company, corporation, association or school.

(c) “Driver License Examiner” means any person appointed by the Department for the purpose of administering driver license examinations.

(d)”Instructor” shall mean any person, whether employed by a commercial driver training school or operating in his or her own behalf, or whether acting on behalf of any school located within or outside the State of Georgia, who gives driving instructions for the purpose of meeting requirements for licensed driving of motor vehicles in the State of Georgia at a driver training school.

(e) “Suspension” means the privilege to operate a commercial driver training school or to instruct (as provided in these regulations) is temporarily withdrawn by formal action of the department, which temporary withdrawal shall be for a period specifically designated by the Department.

(f) “Revocation” means the privilege to operate a commercial driver training school or to instruct (as provided in these regulations) is terminated by formal action of the Department, which privilege shall not be subject to renewal or restoration, except that an application for a new license may be presented to and acted upon by the Department after the expiration of the applicable period of time prescribed by the Department. A revocation may be for a period of one (1) year or indefinitely.

(g) “Cancellation” means a license previously issued to or presently held by a person, firm, partnership, corporation, association, or school is terminated by the Department because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.

(h) “Applicant” means the owner of a sole proprietorship, the partners in a firm, partnership or association or the controlling stockholders of a corporation, or the principal of a secondary school.

(i) Controlling Stockholders” mean all stockholders of any corporation, public or private, owning more than ten percent (10%) of the outstanding shares in such corporation.

(j) “Passenger type vehicle” means any vehicle that requires a Commercial driver's license and is defined as a bus.

(k) “Non-Passenger type vehicle” means any vehicle that requires a class A, B, or C commercial driver's license.

 

 

 

 

Authority: 43-13-8
Filed Date: 9/1/2004
Effective Date: 9/21/2004