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Rules and Regulations

Rules and Regulations for Chapter 375-5-3

375-5-3-.13 Advertising.

(1) No commercial driver training school shall advertise in any manner until such time as the school is properly licensed by the Department.

 

(2) No commercial driver training school may advertise a commercial driver training school or the business of giving instructions for hire in the driving of motor vehicles or the     business of preparing an applicant for a driver's license of any kind unless licensed by the Department as a commercial driver training school.

(3) No commercial driver training school licensed by the department or commercial driver training instructor may advertise or represent themselves to be an agent or employee of the Department, nor shall any individual, partnership, association, or corporation purchase, use, allow the use of any advertisement, which would reasonably have the effect of leading the public to believe that they are or were an employee or representative of the Department.

(4) Each commercial driver training school shall use only its licensed name for advertising and advertisements, and no commercial driver training school may use less than its full name or another name in any advertisement.

(5) No commercial driver training school or commercial driver training instructor shall, by any advertisement or otherwise, state or imply directly or indirectly that any license to operate a commercial motor vehicle is guaranteed or assured to any student or individual who will take or complete any instruction or course of instruction or enroll or otherwise receive instruction in any commercial driver training school.

(6) A commercial driver training school that is licensed by the Department may indicate in its advertisements that it is "licensed by the State" or "State licensed," however, no commercial driver training school may use any advertisement that states or implies any of the following:

(a) The school is approved or endorsed by the State or the Department.

(b) The school is certified by the State or the Department.

(c) The school is recognized by the State or the Department.

(d) The school is anything but inspected and licensed by the State.

(7) No commercial driver training school may advertise or imply that free lessons will be given to individuals who fail the State examination for a commercial driver license. Commercial driver training schools may state that, "IF A STUDENT FAILS TO PASS A STATE EXAMINATION, FURTHER INSTRUCTIONS WILL BE GIVEN AT NO ADDITIONAL COST," provided the statement is true and provided the school indicates the maximum number of lessons available to such students.

(8) No commercial driver training school may advertise or imply that free lessons will be given to individuals or students unless the lessons are in fact offered or given without any legal considerations.

(9) No commercial driver training school may make any false or misleading claim or statement in any of its advertisements.

 

 

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