Acts and Regulations

95-164 - Driver Training Course

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Current to 1 April 2024
NEW BRUNSWICK
REGULATION 95-164
under the
Motor Vehicle Act
(O.C. 95-1091)
Filed December 7, 1995
Under various sections of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Driver Training Course Regulation - Motor Vehicle Act.
98-97; 99-11
DEFINITIONS
2In this Regulation
“Act” means the Motor Vehicle Act.
99-11
DRIVER TRAINING COURSE LICENCES
3(1)Repealed: 2014-92
3(2)Repealed: 2014-92
3(3)Repealed: 98-97
3(4)If a driver training course is given or offered in a public high school in a school district under the Education Act, and is administered by the superintendent of the school district in which the course is given or offered, the superintendent shall apply for and obtain the required driver training course licence.
3(5)An applicant for a driver training course licence shall apply by submitting to the Registrar an application on a form provided by the Registrar, along with the prescribed fee and any further information or material required by the Registrar.
3(5.1)An applicant for a driver training course licence shall, if applicable, submit to the Registrar for approval the tuition fees the applicant intends to charge students for instruction in the operation of motorcycles.
3(6)In addition to any requirements set out in the Act and subject to subsection (6.01), the following standards are to be met by a driver training course in order to be licensed and to continue to be licensed as a driver training course under the Act:
(a) all persons employed or to be employed as driving instructors shall be holders of a valid and subsisting driving instructor’s permit issued under section 8;
(a.1) the tuition fees charged to students for instruction in the operation of motorcycles shall be approved by the Registrar;
(b) the premises where instruction takes place shall have
(i) classroom facilities with both seating accommodation and writing room sufficient for every student,
(ii) all necessary and appropriate teaching aids, including a videocassette recorder and a television capable of playing videocassettes, and
(iii) training manuals that conform to the standards provided to the holder of the permit by the Registrar, in sufficient quantities to meet the needs of the students;
(c) any vehicle used in the instruction of a person not already the holder of a Class 1, 2, 3, 4 or 5 licence shall be a private passenger vehicle, other than a motorcycle;
(c.1) a motorcycle shall be the vehicle used in the instruction of a person not already the holder of a Class 6 licence or the holder of another class of licence affixed with an “A”, “C”, “D” or “G” endorsement entitling the holder to drive a motorcycle;
(d) a private passenger vehicle, other than a motorcycle, that is used in instruction shall be equipped with dual braking systems, a second rear view mirror for the instructor and a clearly visible and legible exterior sign indicating that the driver is a learner;
(e) each student being instructed in the operation of a private passenger vehicle, other than a motorcycle, shall, in conformity with the standards provided to the holder of the licence by the Registrar, receive
(i) classroom instruction, in which case the student shall receive at least twenty-five hours of instruction, or
(ii) any other method of theoretical instruction approved by the Registrar;
(f) each student being instructed in a private passenger vehicle, other than a motorcycle, shall receive at least ten hours of operating instruction in the vehicle in conformity with the standards provided to the holder of the licence by the Registrar;
(f.01) each student being instructed in the operation of a motorcycle shall receive at least 20 hours of instruction in conformity with the standards provided to the holder of the licence by the Registrar;
(f.1) subject to paragraph (g.1), each student being instructed in the operation of a commercial vehicle or a bus shall, in conformity with the standards provided to the holder of the licence by the Registrar, receive at least twenty-five hours of classroom instruction;
(g) subject to paragraph (g.1), each student being instructed in a commercial vehicle or a bus shall receive at least twenty-three hours of operating instruction in the commercial vehicle or bus in conformity with the standards provided to the holder of the licence by the Registrar;
(g.1) in the case of instruction in the operation of a commercial vehicle that only the holder of a valid Class 1 licence is authorized to operate, the driver training course shall be, at a minimum, in conformity with the requirements of National Safety Code Standard 16, Commercial Truck Driver Entry Level Training (Class 1), as amended from time to time, published by the Canadian Council of Motor Transport Administrators; and
(h) the holder of a driver training course licence shall ensure that records are maintained for three years at the premises of the course, indicating
(i) the identity of each student,
(ii) the success or failure record of each student,
(iii) the number of hours completed in an instruction vehicle by each student,
(iv) the method of theoretical instruction completed by each student,
(v) in the case of instruction in the classroom, the number of hours completed by each student in the classroom,
(vi) the particulars of all maintenance performed on each instruction vehicle, and
(vii) the date of each occasion on which the licence has been renewed.
3(6.01)If a student began receiving instruction in a licensed driver training course in the operation of a commercial vehicle before the commencement of this subsection, subsection (6), as it existed immediately before the commencement of this subsection, continues to apply in relation to that licensed driver training course.
3(6.1)Subject to subsection (6.2), the amount of a bond required to be furnished and maintained by a person under section 84.3 of the Act is ten thousand dollars.
3(6.2)A superintendent of a school district administering a driver training course as referred to in subsection (4) is exempt from the requirement to furnish and maintain a bond under section 84.3 of the Act in relation to that course.
3(7)The Registrar may require that any terms and conditions the Registrar considers appropriate be fulfilled in order for a driver training course licence to be issued.
3(8)The Registrar may refuse to issue a driver training course licence, if
(a) the driver training course does not meet any requirement set out in the Act or any standard established under this section,
(b) the applicant has been convicted of a violation of a provision of the Act or the regulations or any provision of any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or statutory instrument under those Acts that, in the opinion of the Registrar, on reasonable and probable grounds, could or would affect the applicant’s suitability for operating the course,
(c) a term or condition imposed by the Registrar in relation to the application has not been met,
(d) a term or condition imposed by the Registrar in relation to any driver training course licence previously issued to the applicant or previously issued in relation to the same business operation has not been met, or
(e) the Registrar is otherwise satisfied that the applicant is not a fit and proper person to operate the course.
3(9)The Registrar, if satisfied that the applicant and the driver training course meet all of the applicable standards, requirements, terms and conditions under the Act and the regulations, may
(a) issue a driver training course licence to the applicant, who shall be the holder of the licence, authorizing the operation of the course in the location specified in the licence, and
(b) impose any terms and conditions the Registrar considers appropriate in relation to the licence.
3(10)Notwithstanding paragraph (9)(a), a driver training course licence issued in relation to a driver training course in a school district as referred to in subsection (4) may authorize the operation of all of the driver training courses administered by the superintendent in that school district.
3(11)The holder of a driver training course licence who wishes to renew the licence shall apply to the Registrar for renewal not more than sixty days before the licence expires, and subsections (5) to (10) apply with the necessary modifications to that application.
98-97; 1998, c.46, s.7; 2003-70; 2013-55; 2014-92; 2024-9
4(1)The Registrar may suspend a driver training course licence for the period the Registrar considers appropriate or may revoke it if
(a) the Registrar has reasonable and probable grounds to believe that the holder of the licence or any other person operating under it has refused or failed to comply with a provision of the Act or the regulations or any term or condition imposed on the licence, the holder or the other person,
(b) the Registrar is of the opinion that the holder of the licence or any other person operating under it is not a fit and proper person to operate the course or instruct students, or
(c) the Registrar is of the opinion that the course does not meet any requirement set out in the Act or any standard established under subsection 3(6).
4(2)The Registrar may reinstate a suspended driver training course licence subject to such terms and conditions as the Registrar considers appropriate.
98-97
5(1)A driver training course licence, whether original or renewed, is valid for a period of one year.
5(2)A driver training course licence is not transferable.
INSPECTIONS
6(1)Any official of the Division, any peace officer and any person authorized by the Registrar may, at any reasonable time, enter premises where a licensed driver training course is given and
(a) make such investigation or inspection of the premises, the facilities, the teaching aids, the manuals, the instruction vehicles, the equipment used in instruction, the records maintained by the holder of the licence or any other aspect of the operation of the course considered fit by the person doing the investigation or inspection, in order to ascertain whether the provisions of the Act and the regulations have been complied with,
(b) request information or production for investigation or inspection of records, documents, information or other things that may be relevant to the carrying out of an investigation or inspection, and
(c) remove any record, document, information or other thing produced as a result of a request under paragraph (b) or discovered during the investigation or inspection for the purpose of making copies or taking extracts, together with any equipment, hardware or software necessary to enable access to the record, document, information or other thing.
6(2)A person removing any record, document, information, equipment, hardware, software or other thing from premises under this section shall first provide to the holder of the licence or the person in charge of the premises a receipt for it and, subject to subsection (3), shall promptly return it to the holder of the licence or other person after completion of the making of copies or taking of extracts.
6(3)A person making an investigation or inspection under this section may detain for the purposes of evidence any record, document, information, equipment, hardware, software or other thing that the person discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence or may be necessary to obtain access to evidence of a violation of or a failure to comply with a provision of the Act or the regulations.
6(4)Copies of or extracts from any record, document, information, software or other thing removed from premises under this Regulation and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the record, document, information, software or other thing of which they are copies or from which they are extracts.
7(1)The holder of a licence or the person in charge of any premises entered by a person under section 6 and any employees or agents of the holder of the licence or the person in charge shall
(a) give all reasonable assistance to the person exercising powers given under section 6 to enable that person to exercise those powers,
(b) furnish to the person exercising powers given under section 6 any record, document, information or other thing that that person may reasonably request, together with any equipment, hardware or software necessary to enable access to the record, document, information or other thing, and
(c) operate or enable the operation of a vehicle for the purposes of an inspection.
7(2)No person shall hinder, obstruct or otherwise interfere with a person who is carrying out the person’s duties and functions under this Regulation.
7(3)No person shall knowingly make a false or misleading statement, either orally or in writing, or provide or produce a false document or other thing to a person who is carrying out the person’s duties and functions under this Regulation.
DRIVING INSTRUCTOR’S PERMITS
8(1)No person shall instruct another person in the operation of a motor vehicle in exchange, directly or indirectly, for consideration, unless doing so
(a) as the holder of a valid and subsisting driving instructor’s permit, and
(b) under the authority, as the holder or as the employee of the holder, of a valid and subsisting driver training course licence.
8(2)An applicant for a driving instructor’s permit shall apply by submitting to the Registrar an application on a form provided by the Registrar, along with the prescribed fee and any further information or material required by the Registrar.
8(3)The Registrar may issue a driving instructor’s permit to an applicant who
(a) has passed an examination as specified by the Registrar and has otherwise satisfied the Registrar that the applicant has adequate knowledge of traffic laws and has the ability to operate a motor vehicle and to instruct in the safe operation of a motor vehicle,
(b) is the holder of a valid and subsisting driver’s licence issued in New Brunswick and has been the holder of such a licence without interruption for at least four years immediately preceding the date of the application, and
(c) has satisfied the Registrar that the applicant is a fit and proper person to be licensed as a driving instructor.
8(4)The Registrar may refuse to issue a driving instructor’s permit if the applicant does not meet the requirements of subsection (3).
8(5)Every driving instructor’s permit shall expire on the earlier occurring of
(a) midnight on the thirty-first day of December of each year, and
(b) any date on which the holder may cease to be the holder of a valid driver’s licence issued in New Brunswick.
8(6)The Registrar may revoke a driving instructor’s permit for a ground upon which an application for a permit may be refused under subsection (4).
8(7)The former holder of a driving instructor’s permit that has expired or has been revoked shall return the permit to the Registrar forthwith.
8(8)The holder of a driving instructor’s permit shall produce the permit for inspection upon the request of a person desiring the services of a driving instructor.
8(9)In order to retain a driving instructor’s permit, the holder shall, every three years after the original issue of the permit, pass an examination as specified by the Registrar to the Registrar’s satisfaction.
8(10)A valid and subsisting driving instructor’s licence issued under New Brunswick Regulation 83-42 under the Motor Vehicle Act before the commencement of this section shall be deemed to be a valid and subsisting driving instructor’s permit for the purposes of this Regulation.
FEES
9(1)The fee for application for a driver training course licence, including issuance of the licence if the application is granted, is one hundred and fifty dollars.
9(2)The fee for application for renewal of a driver training course licence, including issuance of the renewed licence if the application is granted, is seventy-six dollars.
9(3)The fee for application for a driving instructor’s permit, including the original examination, is thirty-eight dollars.
9(4)The fee for the issuance of an original or a renewal of a driving instructor’s permit is thirty-two dollars.
9(5)The fee for a subsequent examination of the holder of a driving instructor’s permit is twenty-five dollars.
9(6)The fee for a duplicate driver training course licence or driving instructor’s permit, in case of loss or destruction of the original, is eight dollars.
N.B. This Regulation is consolidated to April 1, 2024.