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AR 316/2002 DRIVER TRAINING AND DRIVER EXAMINATION REGULATION

(Consolidated up to 168/2012)

ALBERTA REGULATION 316/2002

Traffic Safety Act

DRIVER TRAINING AND DRIVER
EXAMINATION REGULATION

Table of Contents

                1       Definitions

Part 1
Driver Training School

                2       Licence required

                3       Application

                4       Conditions

                5       Driver training school licence

                6       Duties of licensee

             6.1       Adoption of manuals

                7       Licence not issued

                8       Licence display

                9       Curriculum

              10       Driving instructors

              11       Disclosure to students

              12       Passengers in vehicle

              13       Vehicle insurance

              14       Instructors equipment

              15       Condition of vehicle

              16       Sign

              17       Exemptions

              18       Distinctive garments

Part 2
Driving Instructor

              19       Licence required

              20       Application

              21       Requirements

              22       Licence not issued

              23       Motorcycle instructor

              24       Instructors licence

              25       Ongoing requirements

Part 3
Driver Examiner

              26       Licence required

              27       Standard of examination

              28       Application

              29       Training requirements

              30       Qualifications

              31       Licence not issued

              32       Exemption

           32.1       Adoption of manuals

              33       Examiners licence

              34       Holding other licences

              35       Renewal

              36       Invalid examination

              37       Monitoring examinations

Part 4
General

              38       Registrars powers

              39       Notice to report

              40       Direction on practice

              41       Insurance

              42       Terms and conditions

              43       Period of licence

              44       Crown property


              45       Not transferable

              46       Production of licence to peace officer

              47       Renewal

              48       Cancellation, etc. ‑ schools

              49       Cancellation, etc. ‑ instructors and examiners

              50       Notice required

              51       Registrars warning

              52       Forms

              53       Licence fees

              54       Other fees

              55       Records

              56       Return of licence

              57       Driver training school records

              58       Driver examiner records

              59       Offences

              60       Transitional

              61       Repeal

              62       Expiry

              63       Coming into force

Definitions

1    In this Regulation,

                                 (a)    “Act” means the Traffic Safety Act;

                                 (b)    “Department” means the Department of Transportation;

                                 (c)    “driver examination” means a road test designed to determine whether or not a person is competent to hold an operator’s licence of a particular class;

                                 (d)    “driver examiner” means the holder of a subsisting examiner’s licence;

                                 (e)    “driver training” means instruction given to a person in a classroom or a motor vehicle that is designed to

                                           (i)    improve the person’s driving skills,

                                          (ii)    train the person to qualify for a class of operator’s licence the person does not already hold,

                                         (iii)    train the person to qualify for an endorsement on the person’s operator’s licence,

                                         (iv)    train the person to qualify for the removal of the probationary operator’s licence classification from the person’s operator’s licence, or

                                          (v)    train the person to be a driving instructor;

                                 (f)    “driver training school” means a facility that gives driver training;

                                 (g)    “driver training school licence” means a licence issued under Part 1;

                                 (h)    “driving instructor” means the holder of a subsisting instructor’s licence;

                                  (i)    “examiner’s licence” means a licence issued under Part 3;

                                  (j)    “instructor’s licence” means a licence issued under Part 2;

                              (j.1)    “licensed driver examiner procedures manual” means the licensed driver examiner procedures manual referred to in section 32.1;

                              (j.2)    “licensed driver training school procedures manual” means the licensed driver training school procedures manual adopted under section 6.1;

                                 (k)    “student” means a person who is receiving driver training.

AR 316/2002 s1;105/2005;68/2008;169/2011

Part 1
Driver Training School

Licence required

2(1)  A person or partnership shall not operate a driver training school unless the person or partnership holds a subsisting driver training school licence for the school.

(2)  Subsection (1) does not apply to the following:

                                 (a)    the Government of Alberta;

                                 (b)    a school under the School Act;

                                 (c)    a person who operates a driver training school solely for the purpose of giving driver training to that person’s employees or prospective employees.

Application

3(1)  A person or partnership may apply to the Registrar for a driver training school licence.

(2)  If the applicant is a company, a director of the company must sign the application.

(3)  If the applicant is a partnership, one of the partners must sign the application.

Conditions

4(1)  An applicant for a driver training school licence must provide the following with the application:

                                 (a)    the application fee set under section 54;

                                 (b)    a surety bond or guarantee that

                                           (i)    is acceptable to the Registrar, and

                                          (ii)    is in an amount acceptable to the Registrar of not less than $10 000;

                                 (c)    the names of the senior driving instructors at the driver training school to be designated under section 10(2);

                                 (d)    criminal record checks acceptable to the Registrar of the applicant and the directors or partners of the applicant.

(2)  The Registrar may waive the requirement that a particular applicant provide one or more of the items in subsection (1).

(3)  Subsection (1) does not apply to

                                 (a)    a public college under the Post‑secondary Learning Act,

                                 (b)    a technical institute under the Post‑secondary Learning Act,

                                 (c)    a university under the Post‑secondary Learning Act, or

                                 (d)    the holder of a driver training school licence or a person registered in good standing in another jurisdiction who is recognized by the Registrar as having substantively equivalent standards and who is of good character and reputation in that jurisdiction.

AR 316/2002 s4;169/2011

Driver training school licence

5(1)  The Registrar may issue a driver training school licence to an applicant that complies with this Part and satisfies the Registrar that it can give instruction and has facilities and vehicles for driver training.

(2)  The Registrar must indicate in a driver training school licence the type of training the holder of the driver training school licence is authorized to give.

Duties of licensee

6(1)  The holder of a driver training school licence must ensure that a surety bond or guarantee required under section 4(1)(b) is maintained for as long as the driver training school provides driver training.

(2)  Subsection (1) does not apply if the Registrar does not require the holder of the licence to provide a surety bond or guarantee under section 4.

(3)  The holder of a driver training school licence must ensure that employees and driving instructors of the school comply with the Act, this Regulation and the terms and conditions of the driver training school licence.

(4)  The holder of a driver training school licence must co‑operate with the Registrar in any matter the Registrar considers necessary to ensure that quality driver training is provided by the school and the driving instructors.

(5)  The holder of a driver training school licence, the driver training school’s employees and the driver training school’s driving instructors must act in accordance with the licensed driver training school procedures manual.

AR 316/2002 s6;169/2011

Adoption of manuals

6.1   The licensed driver training school procedures manual established and amended from time to time by the Registrar is adopted and applies to the operation of driver training schools, the holder of a driver training school licence, the driver training school’s employees and the driver training school’s driving instructors under this Regulation.

AR 169/2011 s5

Licence not issued

7(1)  The Registrar must refuse to issue a driver training school licence to a person if during the 5 years immediately preceding the application date

                                 (a)    the person was convicted of an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driver training school, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the conviction is final by reason of the final disposition of the appeal by the courts or the expiry of the time for appeal without the appeal’s having been made.

(2)  The Registrar may refuse to issue a driver training school licence to a person if

                                 (a)    the person or the person’s agent makes a false statement in the application for the licence,

                                 (b)    the person or the person’s agent provides false information to the Registrar,

                                 (c)    the person or the person’s agent refuses to provide the information required under this Regulation to the Registrar,

                                 (d)    the person has previously held a licence issued under this Regulation that has been suspended or cancelled,

                                 (e)    the person has contravened any provision of the Act or the regulations and, in the Registrar’s opinion, that contravention affects the person’s fitness to hold a driver training school licence, or

                                 (f)    in the opinion of the Registrar, it is not in the public interest to issue a licence to the person.

AR 316/2002 s7;169/2011

Licence display

8(1)  The holder of a driver training school licence must display the licence or a true copy of it in a conspicuous place at every location from which the holder operates the driver training school.

(2)  The holder of a driver training school licence that is subject to terms and conditions must display the terms and conditions in a manner approved by the Registrar.

Curriculum

9   The holder of a driver training school licence must give driver training in accordance with a curriculum approved by the Registrar.

AR 316/2002 s9;169/2011

Driving instructors

10(1)  A holder of a driver training school licence must give driver training for consideration by using a driving instructor employed by the driver training school.

(2)  The holder of a driver training school licence must designate at least one senior driving instructor for each class of operator’s licence for which driver training is given at the school.

(3)  Senior driving instructors designated under subsection (2) must have at least 2 years’ experience as driving instructors in the same class of operator’s licence for which they are designated.

(4)  The Registrar may waive the application of subsection (2) to a particular driver training school.

(5)  Subsection (2) does not apply to a driver training school operated by an organization referred to in section 4(3).

AR 316/2002 s10;169/2011

Disclosure to students

11   Before enrolling a person in driver training, the holder of a driver training school licence must provide the person with a dated written statement that includes

                                 (a)    the name and address of the driver training school,

                                 (b)    all the fees payable for enrolment, tuition, services, equipment and vehicle rentals, and

                                 (c)    all extra charges that can be incurred by that person.

AR 316/2002 s11;169/2011

Passengers in vehicle

12(1)  Except in accordance with this section, neither the holder of a driver training school licence nor a driving instructor may permit a person other than the student and the driving instructor to be a passenger in a motor vehicle while it is being used for driver training.

(2)  The following may be passengers in a motor vehicle while it is being used for driver training:

                                 (a)    another student;

                                 (b)    another driving instructor;

                             (b.1)    a person being trained to become a driving instructor;

                                 (c)    a manager of the driver training school;

                                 (d)    an interpreter, if required;

                                 (e)    if the student is an inmate of a correctional institution, a correctional officer;

                                 (f)    an employee of the Department who is reviewing

                                           (i)    the qualifications or teaching methods of driving instructors, or

                                          (ii)    the operation of a driver training school.

(3)  The holder of a driver training school licence or a driving instructor must not permit more than 4 people to ride in a motor vehicle that is being used for driver training.

(4)  Subsection (3) does not apply if the holder of a driver training school licence or the driving instructor has approval in writing from the Registrar to permit more than 4 people to ride in the motor vehicle.

AR 316/2002 s12;169/2011

Vehicle insurance

13(1)  The holder of a driver training school licence must maintain the following insurance:

                                 (a)    a Driver Training School Standard Endorsement Form number 6d under the Insurance Act in respect of each motor vehicle owned by the holder that is used or intended to be used for driver training by the school;

                                 (b)    a non‑owned automobile liability insurance policy in respect of each motor vehicle not owned by the holder that is used or intended to be used for driver training by the school.

(2)  The owner of a motor vehicle used or intended to be used for driver training by a driver training school must maintain a Driver Training School Standard Endorsement Form number 6d under the Insurance Act in respect of the motor vehicle if the owner is not the holder of a driver training school licence.

Instructors equipment

14   A motor vehicle, other than a motorcycle or moped, used by a holder of a driver training school licence to give driver training to a person who holds a Class 6 or Class 7 operator’s licence or an operator’s licence classified as a learner’s operator’s licence must have the following for use by the driving instructor:

                                 (a)    dual brake controls acceptable to the Registrar;

                                 (b)    a rear‑view mirror securely attached to the inside of the motor vehicle;

                                 (c)    an outside mirror located on the right side of the motor vehicle.

AR 316/2002 s14;169/2011

Condition of vehicle

15(1)  The owner of a motor vehicle used for driver training by a holder of a driver training school licence must maintain the vehicle in good mechanical condition.

(2)  If the model year of a vehicle used for driver training by a holder of a driver training school licence is not the current calendar year, the owner must keep, in the vehicle, an inspection report by a technician approved by the Registrar showing that the vehicle has passed a mechanical inspection within the immediately preceding 12 months.

(3)  The Registrar may, at any time by notice in writing, require the owner of a particular motor vehicle used for driver training by a holder of a driver training school licence to submit it to an inspection by a technician approved by the Registrar.

(4)  A holder of a driver training school licence or a driving instructor must not use a motor vehicle whose model year is not the current calendar year in driver training if it does not have an inspection report under subsection (2).

(5)  A holder of a driver training school licence or a driving instructor must not use a motor vehicle in driver training if it does not pass an inspection under subsection (3).

AR 316/2002 s15;169/2011

Sign

16   A motor vehicle, other than a motorcycle or moped, that is being used for driver training by a holder of a driver training school licence must have a sign that

                                 (a)    is securely mounted on the vehicle,

                                 (b)    is not more than 100 centimetres wide and 50 centimetres high,

                                 (c)    includes the name of the driver training school, and

                                 (d)    has the words “student driver”

                                           (i)    in letters at least 10 centimetres high and with a stroke of 1.5 centimetres, and

                                          (ii)    that are clearly visible at all times to other drivers in front of and behind the vehicle.

AR 316/2002 s16;169/2011

Exemptions

17(1)  Sections 13, 14, 15 and 16 do not apply to a motor vehicle that is supplied by a student

                                 (a)    who holds an operator’s licence that allows the student to operate that vehicle, and

                                 (b)    who is taking instruction to improve the student’s driving skills.

(2)  Sections 13, 14, 15 and 16 do not apply to a motor vehicle that is designed with special or modified controls to compensate for a physical impairment of a student and that is provided by the student.

Distinctive garments

18   A person who is receiving driver training for and is operating a motorcycle or moped must wear a distinctive red or orange outer garment displaying, on the front and back, a white “L” at least 20 centimetres high, at least 15 centimetres wide and with a stroke of 5 centimetres.

Part 2
Driving Instructor

Licence required

19(1)  A person shall not give driver training for consideration unless the person

                                 (a)    holds a subsisting instructor’s licence, and

                                 (b)    is employed by a holder of a driver training school licence.

(2)  Subsection (1) does not apply to

                                 (a)    a teacher employed by a board under the School Act who is giving classroom training only while in the course of that employment,

                             (a.1)    a person providing instruction for off‑highway, racetrack or closed circuit driving, or

                                 (b)    an instructor employed or engaged to give driver training to the employees or prospective employees of the person who employs or engages the instructor.

AR 316/2002 s19;169/2011

Application

20   An individual may apply for an instructor’s licence by providing the Registrar with

                                 (a)    a completed application form,

                                 (b)    a criminal record check acceptable to the Registrar, if required by the Registrar, and

                                 (c)    the application fee set under section 54.

Requirements

21(1)  An applicant for an instructor’s licence must

                                 (a)    hold a subsisting Class 1, 2 or 4 operator’s licence,

                                 (b)    have not less than 3 years’ driving experience as the holder of a Class 1, 2, 3, 4 or 5 operator’s licence, or a driver’s licence issued by another jurisdiction that, in the Registrar’s opinion, is the equivalent,

                                 (c)    successfully complete a course of instruction or training required by the Registrar,

                                 (d)    pass an examination set by the Registrar, and

                                 (e)    pay the training or testing fee set under section 54.

(2)  The Registrar may waive the examination under subsection (1)(d) if the applicant

                                 (a)    held an instructor’s licence at any time in the 12 months immediately preceding the application date, or

                                 (b)    wishes to give training in the operation of motorcycles and has successfully completed a course in motorcycle training approved by the Registrar.

AR 316/2002 s21;169/2011

Licence not issued

22(1)  The Registrar must refuse to issue an instructor’s licence to a person if

                                 (a)    during the 5 years immediately preceding the application date

                                           (i)    the person was convicted of an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driving instructor, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                          (ii)    the conviction is final by reason of the final disposition of the appeal by the courts or the expiry of the time for appeal without an appeal having been made,

                                 (b)    the person’s operator’s licence has been suspended or cancelled during the 2 years immediately preceding the application date, or

                                 (c)    the person has accumulated 7 or more demerit points under the Use of Highway and Rules of the Road Regulation (AR 304/2002) when the application is made.

(2)  The Registrar may refuse to issue an instructor’s licence to a person if

                                 (a)    the person makes a false statement in the application for the licence,

                                 (b)    the person provides false information to the Registrar,

                                 (c)    the person refuses to provide the Registrar with information as required under this Regulation,

                                 (d)    the person has previously held a licence issued under this Regulation that has been suspended or cancelled,

                                 (e)    the person has contravened any provision of the Act or the regulations and, in the Registrar’s opinion, that contravention affects the person’s fitness to hold an instructor’s licence, or

                                 (f)    in the opinion of the Registrar, it is not in the public interest to issue a licence to the person.

(3)  The Registrar must refuse to issue an instructor’s licence to a person if

                                 (a)    the person’s operator’s licence has been suspended or cancelled during the 2 years immediately preceding the application date, or

                                 (b)    the person has accumulated 7 or more demerit points under the Use of Highway and Rules of the Road Regulation when the application is made.

AR 316/2002 s22;169/2011;31/2012

Motorcycle instructor

23(1)  The Registrar may waive the requirement under section 21(1)(a) or (b) if the applicant has

                                 (a)    not less than 3 years’ driving experience as the holder of a Class 6 operator’s licence, or

                                 (b)    a driver’s licence issued by another jurisdiction that, in the Registrar’s opinion, is the equivalent of a Class 6 operator’s licence.

(2)  A person referred to in subsection (1) must provide the Registrar with a medical report certifying that the applicant meets the standards required by the Registrar for a Class 1, 2, or 4 operator’s licence as if the Registrar had required the examination under section 15(2) of the Operator Licensing and Vehicle Control Regulation.

(3)  The Registrar may issue an instructor’s licence that authorizes the holder to give driver training only in the operation of motorcycles to an applicant referred to in subsection (1) who complies with subsection (2).

Instructors licence

24(1)  The Registrar may issue an instructor’s licence to an applicant who complies with this Part.

(2)  An instructor’s licence must indicate the type of driver training the driving instructor is authorized to give.

(3)  Despite section 21(1)(a), the Registrar may issue an instructor’s licence that authorizes the holder to give classroom driver training to an applicant who

                                 (a)    does not hold an operator’s licence, or

                                 (b)    holds a Class 3 or 5 operator’s licence but does not hold a Class 1, 2 or 4 operator’s licence.

(4)  The holder of an instructor’s licence must act in accordance with the licensed driver training school procedures manual.

(5)  Notwithstanding sections 21 and 23, the Registrar may issue an instructor’s licence to a person licensed or registered in good standing in another jurisdiction that is recognized by the Registrar as having substantively equivalent standards and who is of good character and reputation in that jurisdiction.

AR 316/2002 s24;101/2006;169/2011

Ongoing requirements

25(1)  An instructor’s licence, other than one issued under section 23(3) or 24(3), is cancelled if the Class 1, 2 or 4 operator’s licence held by the driving instructor is suspended, cancelled or expires.

(2)  An instructor’s licence issued under section 24(3) is cancelled if the Class 3 or 5 operator’s licence held by the driving instructor is suspended, cancelled or expires.

(3)  An instructor’s licence issued under section 23(3) is cancelled if the Class 6 operator’s licence held by the driving instructor is suspended, cancelled or expires.

(4)  An instructor’s licence is cancelled from the time the driving instructor accumulates 7 or more demerit points under the Use of Highway and Rules of the Road Regulation.

Part 3
Driver Examiner

Licence required

26(1)  A person shall not conduct a driver examination unless the person

                                 (a)    holds a subsisting examiner’s licence that authorizes the person to conduct that driver examination,

                                 (b)    is exempted from the requirement to hold an examiner’s licence, or

                                 (c)    is designated by the Registrar under section 15(2)(c) of the Operator Licensing and Vehicle Control Regulation.

(2)  The Registrar, in writing, may exempt a person specified in the exemption from the requirement to hold an examiner’s licence.

Standard of examination

27   A person who conducts a driver examination must conduct it in accordance with the standards established by the Registrar.

Application

28   An individual may apply for an examiner’s licence by providing the Registrar with

                                 (a)    a completed application form,

                                 (b)    a criminal record check acceptable to the Registrar, and

                                 (c)    the application fee set under section 54.

Training requirements

29   An applicant for an examiner’s licence must

                                 (a)    complete the driver examiner training program established by the Registrar for the type of examiner’s licence applied for,

                                 (b)    pass the driver examiner test established by the Registrar with a grade satisfactory to the Registrar, and

                                 (c)    pay the training or testing fees set under section 54.

Qualifications

30   An applicant for an examiner’s licence must

                                 (a)    hold a subsisting operator’s licence for the class of operator’s licence for which the person will be conducting driver examinations,

                                 (b)    have not less than 5 years’ driving experience as the holder of a Class 1, 2, 3, 4 or 5 operator’s licence, or a driver’s licence issued by another jurisdiction that, in the Registrar’s opinion, is the equivalent a Class 1, 2, 3, 4 or 5 operator’s licence,

                                 (c)    have accumulated less than 7 demerit points under the Use of Highway and Rules of the Road Regulation,

                                 (d)    hold an operator’s licence that was not cancelled or suspended under the Act during the 2 years immediately preceding the application date, and

                                 (e)    hold an operator’s licence that was not cancelled or suspended under the Criminal Code (Canada) during the 5 years immediately preceding the application date.

Licence not issued

31(1)  The Registrar must refuse to issue an examiner’s licence to a person if during the 5 years immediately preceding the application date

                                 (a)    the person was convicted of an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driver examiner, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the conviction is final by reason of the expiry of the final disposition of the appeal by the courts or the time for appeal without an appeal having been made.

(2)  The Registrar may refuse to issue an examiner’s licence to a person if

                                 (a)    the person makes a false statement in the application for the licence,

                                 (b)    the person provides false information to the Registrar,

                                 (c)    the person refuses to provide the Registrar with information as required under this Regulation,

                                 (d)    the person has previously held a licence issued under this Regulation that has been suspended or cancelled,

                                 (e)    the person has contravened any provision of the Act or the regulations and, in the Registrar’s opinion, that contravention affects the person’s fitness to hold an examiner’s licence, or

                                 (f)    in the opinion of the Registrar, it is not in the public interest to issue a licence to the person.

AR 316/2002 s31;169/2011

Exemption

32   The Registrar, in writing, may exempt an applicant for an examiner’s licence from the requirements of section 28, 29 or 30.

Adoption of manuals

32.1   The licensed driver examiner procedures manual established and amended from time to time by the Registrar is adopted and applies to licensed driver examiners under this Regulation.

AR 169/2011 s19

Examiners licence

33(1)  The Registrar may issue an examiner’s licence to an applicant who complies with this Part.

(2)  The licence must indicate the class of driver examination that the licensee is authorized to conduct.

(3)  An examiner’s licence authorizes the person who holds it to conduct the class of driver examination specified in the licence in accordance with the terms and conditions of the licence.

(4)  The holder of an examiner’s licence must act in accordance with the licensed driver examiner procedures manual.

(5)  Notwithstanding sections 29 and 30, the Registrar may issue an examiner’s licence to a person licensed or registered in good standing in another jurisdiction that is recognized by the Registrar as having substantively equivalent standards and who is of good character and reputation in that jurisdiction.

AR 316/2002 s33;169/2011

Holding other licences

34(1)  An examiner’s licence is suspended during a period in which the holder is a driving instructor or an owner, part owner, shareholder, director, partner or employee of a driving school.

(2)  An examiner’s licence is cancelled from the time

                                 (a)    the required operator’s licence under section 30 held by the driver examiner is suspended, cancelled or expires, or

                                 (b)    the driver examiner accumulates 7 or more demerit points under the Use of Highway and Rules of the Road Regulation.

Renewal

35(1)  The Registrar may require a driver examiner who applies to renew an examiner’s licence to provide the Registrar with a criminal record check acceptable to the Registrar.

(2)  The Registrar may require a driver examiner who applies to renew an examiner’s licence to do one or more of the following:

                                 (a)    complete a driver examiner training program established by the Registrar for the type of examiner’s licence to be renewed;

                                 (b)    pass a driver examiner test established by the Registrar with a grade satisfactory to the Registrar;

                                 (c)    pay a training or testing fee set under section 54.

(3)  A person whose examiner’s licence is suspended, cancelled or expires must comply with this section before the Registrar may reinstate or reissue the licence.

Invalid examination

36   The Registrar may decide that a driver examination conducted by a driver examiner is invalid and require that another driver examination be conducted by the same driver examiner or by another driver examiner.

Monitoring examinations

37   The Registrar, or a person authorized in writing by the Registrar, may accompany a driver examiner on a driver examination for the purpose of monitoring the performance of the driver examiner.

Part 4
General

Registrars powers

38(1)  The Registrar may review the following at any time:

                                 (a)    the operation of a driver training school;

                                 (b)    the performance of the employees of a driver training school;

                                 (c)    the performance of a driving instructor;

                                 (d)    the performance of a driver examiner.

(2)  The Registrar may make any inquiries or investigations the Registrar considers necessary regarding an application for a licence under this Regulation in order to determine whether the licence should be issued.

(3)  Unless the Registrar considers there is good reason to issue the licence, the Registrar must not issue a licence under this Regulation to an applicant who, in the Registrar’s opinion, has done or omitted to do something which, if the person were a licensee, would allow the Registrar to suspend or cancel the licence applied for.

Notice to report

39(1)  The Registrar, by written notice, may direct a driving instructor, a driver examiner or the holder of or a representative of the holder of a driver training school licence to report to a place designated by the Registrar and to discuss with a person designated by the Registrar a practice that, in the Registrar’s opinion, is not consistent with good driver training or examining principles or is not in accordance with the licensed driver training school procedures manual or licensed driver examiner procedures manual.

(2)  A person who receives a notice under subsection (1) must comply with the direction.

AR 316/2002 s39;169/2011

Direction on practice

40(1)  The Registrar, by written notice, may direct a holder of a driver training school licence, a driving instructor or a driver examiner to use a practice that in the opinion of the Registrar is consistent with good driver training or examining principles or is not in accordance with the licensed driver training school procedures manual or licensed driver examiner procedures manual.

(2)  The Registrar, by written notice, may direct a holder of a driver training school licence, a driving instructor or a driver examiner to stop a practice that in the opinion of the Registrar is not consistent with good driver training or examining principles or is not in accordance with the licensed driver training school procedures manual or licensed driver examiner procedures manual.

(3)  The Registrar, by written notice, may direct a driving instructor or a driver examiner to complete a training program specified by the Registrar to a standard required by the Registrar.

(4)  A person who receives a notice under subsection (1), (2) or (3) must comply with the direction.

(5)  The Registrar may suspend a driver training school licence, an instructor’s licence or an examiner’s licence in the notice given under subsection (1), (2) or (3) under terms and conditions specified in the notice by the Registrar.

(6)  Section 50 does not apply to a suspension under this section.

AR 316/2002 s40;169/2011

Insurance

41   The Registrar may require the holder of a licence under this Regulation to maintain liability insurance in the amount and of the type that the Registrar specifies.

Terms and conditions

42(1)  The Registrar, at any time, may make a licence under this Regulation subject to the terms and conditions the Registrar considers appropriate.

(2)  The Registrar may impose terms and conditions on a licence under this Regulation when the licence is issued or renewed or by written notice to the holder after the licence is issued or renewed, or at both times.

Period of licence

43(1)  A driver training school licence is effective on the commencement date stated on the licence and expires one year later unless it is suspended or cancelled before that time.

(2)  An instructor’s licence is effective on the commencement date stated on the licence and expires 2 years later unless it is suspended or cancelled before that time.

(3)  An examiner’s licence is effective on the commencement date stated on the licence and expires 2 years later unless it is suspended or cancelled before that time.

Crown property

44(1)  A licence under this Regulation is the property of the Crown in right of Alberta.

(2)  A person in possession of a licence under this Regulation must return it to the Registrar when the Registrar requests its return.

Not transferable

45   A licence under this Regulation cannot be assigned or transferred to another person by the holder of the licence or the Registrar.

Production of licence to peace officer

46   A holder of a licence under this Regulation must produce the licence for examination on being requested to do so by a peace officer or the Registrar.

Renewal

47(1)  A holder of a licence under this Regulation may apply to the Registrar to renew the licence.

(2)  The Registrar may renew a licence if

                                 (a)    the licence is not cancelled or under suspension on its expiry date, and

                                 (b)    subject to subsection (4), the applicant complies with the requirements for issuing the licence under this Regulation.

(3)  The Registrar may accept an application for renewal of a licence even though the licence has expired.

(4)  The Registrar has, in the case of an application to renew a licence, the same power to waive requirements as the Registrar has in the case of an initial application.

(5)  This section applies to a licence whether or not it has been renewed before.

Cancellation, etc. ‑ schools

48(1)  The Registrar may cancel or suspend a driver training school licence if

                                 (a)    the holder of the licence or the holder’s agent makes a false statement in the application for the licence,

                                 (b)    the holder of the licence or the holder’s agent provides false information to the Registrar,

                                 (c)    the holder of the licence or the holder’s agent or employee refuses to produce information as required under this Regulation,

                                 (d)    the holder of the licence or the holder’s agent or employee contravenes this Regulation,

                                 (e)    the holder of the licence or the holder’s agent or employee contravenes a direction made by the Registrar under this Regulation,

                                 (f)    the holder of the licence or the holder’s agent or employee contravenes a term or condition of the licence,

                                 (g)    the holder of the licence or the holder’s agent or employee contravenes a provision of the licensed driver training school procedures manual,

                                 (h)    in the opinion of the Registrar, it is not in the public interest for the person to continue to hold a licence, or

                                  (i)    the holder of the licence or the holder’s agent or employee fails to pay an administrative penalty in accordance with section 143 of the Act.

(2)  The Registrar may suspend a driver training school licence for one or more specified periods or pending the final disposition of an appeal by a court if

                                 (a)    the holder of the licence, or a director or partner of the holder, is charged with an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driver training school, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the Registrar is of the opinion that the licence should be suspended.

(3)  The Registrar may cancel or suspend a driver training school licence if

                                 (a)    the holder of the licence, or a director or partner of the holder, is convicted of an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driver training school, including, without limitation, the offences of forgery, the use of false pretences, bribery extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the conviction is final by reason of the expiry of the time for appeal without the appeal’s having been made or the final disposition of the appeal by the courts.

AR 316/2002 s48;169/2011

Cancellation, etc. ‑ instructors and examiners

49(1)  The Registrar may cancel or suspend an instructor’s licence or an examiner’s licence if the holder of the licence

                                 (a)    makes a false statement in the application for the licence,

                                 (b)    provides false information to the Registrar,

                                 (c)    refuses to produce information as required under this Regulation,

                                 (d)    contravenes this Regulation,

                                 (e)    contravenes a direction by the Registrar under this Regulation,

                                 (f)    contravenes a term or condition of the licence,

                                 (g)    contravenes a provision of the licensed driver training school procedures manual or the licensed driver examiner procedures manual,

                                 (h)    in the opinion of the Registrar, it is not in the public interest for the person to continue to hold a licence, or

                                  (i)    the holder of the licence or the holder’s agent or employee fails to pay an administrative penalty in accordance with section 143 of the Act.

(2)  The Registrar may suspend an instructor’s licence or an examiner’s licence for one or more specified periods or pending the final disposition of an appeal by the court if

                                 (a)    the holder of the licence is charged with an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driving instructor or a driving examiner, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the Registrar is of the opinion that the licence should be suspended.

(3)  An instructor’s licence is cancelled from the time the conviction is final if

                                 (a)    the driving instructor is convicted of an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driving instructor, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the conviction is final by reason of the expiry of the time for appeal without the appeal’s having been made or the final disposition of the appeal by the courts.

(4)  An examiner’s licence is cancelled from the time the conviction is final if

                                 (a)    the driver examiner is convicted of an offence under the Criminal Code (Canada) that is related to the functions, duties or business of a driver examiner, including, without limitation, the offences of forgery, the use of false pretences, bribery, extortion, conspiracy to defraud or theft or an offence involving moral turpitude or the unlawful operation of a vehicle, and

                                 (b)    the conviction is final by reason of the expiry of the time for appeal without the appeal’s having been made or the final disposition of the appeal by the courts.

AR 316/2002 s49;169/2011

Notice required

50(1)  The Registrar must give written notice immediately of the cancellation or suspension of a licence under this Regulation to the holder of the licence, other than a cancellation or suspension under section 25 or 34.

(2)  The Registrar must give written notice immediately of the Registrar’s refusal to issue a licence under this Regulation to the applicant for the licence.

(3)  The Registrar must include reasons for the cancellation, suspension or refusal in the notice under this section and must advise the person to whom the notice is given of the right to appeal to the Board under section 42 of the Act.

Registrars warning

51(1)  The Registrar may issue a written warning to the holder of a licence if the Registrar has reason to believe that the holder, a director or partner of the holder or the holder’s agent or employee has contravened this Regulation.

(2)  A warning from the Registrar may include directions to the holder of the licence or impose terms and conditions on the licence.

(3)  The holder of a licence must comply with the directions, terms and conditions in a warning from the Registrar.

(4)  The Registrar may require the holder of an instructor’s licence or an examiner’s licence to pass a training program specified by the Registrar with a grade satisfactory to the Registrar as part of a warning.

Forms

52(1)  An application under this Regulation for a licence or the renewal of a licence must be made in the manner and using the form approved by the Registrar.

(2)  A licence issued or renewed under this Regulation must be in the form approved by the Registrar.

Licence fees

53(1)  The licence fee for a driver training school licence is $175.

(2)  The licence fee for an instructor’s licence is $30 per year.

(3)  The licence fee for an examiner’s licence is $30 per year.

(4)  A licence fee is payable at the time and in the manner required by the Registrar.

Other fees

54(1)   The Registrar may set fees for applications made under this Regulation.

(2)  The Registrar may set training or testing fees required under this Regulation.

Records

55(1)  A holder of a licence under this Regulation must keep the records required by the Registrar for a period of 2 years after they are created.

(2)  A holder of a licence under this Regulation must manage the records in accordance with the directions of the Registrar.

(3)  The Registrar may examine the records of a holder of a licence under this Regulation during regular business hours at the place of business of the holder of the licence.

(4)  A holder of a licence under this Regulation must produce the licence and all records for examination when asked to do so by the Registrar.

(5)  A holder of a licence under this Regulation must not disclose personal information about a student to anyone other than the Registrar or the student.

(6)  Despite subsection (5), the student may give written consent to the disclosure of personal information about the person who is receiving driver training.

(7)  In subsections (5) and (6), “student” includes a person who is examined by a driver examiner.

Return of licence

56   A person whose licence is no longer subsisting must send it immediately to the Registrar.

Driver training school records

57(1)  A holder of a driver training school licence who stops operating the driver training school shall immediately

                                 (a)    send the Registrar all unused forms and materials respecting the operation of the school that were supplied to it by the Government, and

                                 (b)    give the Registrar written notice of the name, address and telephone number of the person who will be keeping the records under section 55.

(2)  A person named in a notice under subsection (1)(b) must keep the records of the driver training school in accordance with section 55.

AR 316/2002 s57;169/2011

Driver examiner records

58   A person who stops conducting driver examinations shall immediately send to the Registrar

                                 (a)    all records relating to driver examinations, and

                                 (b)    all unused forms and materials respecting driver examinations that were supplied to the person by the Government.

Offences

59   A person who contravenes or fails to comply with any of the following is guilty of an offence:

                                 (a)    section 2;

                                 (b)    section 19;

                                 (c)    section 26.

Transitional

60(1)  A driver training school licence issued under the Driver Training Regulation (AR 133/90) is deemed to be issued under this Regulation under the same terms and conditions and with the same expiry date.

(2)  An instructor’s licence issued under the Driver Training Regulation (AR 133/90) is deemed to be issued under this Regulation under the same terms and conditions and with the same expiry date.

(3)  A licence issued to a driver examiner under the Driver Examiner Regulation (AR 20/95) is deemed to be issued under this Regulation under the same terms and conditions and with the same expiry date.

Repeal

61   The Driver Training Regulation (AR 133/90) and the Driver Examiner Regulation (AR 20/95) are repealed.

Expiry

62   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 1, 2015.

AR 316/2002 s62;168/2012

Coming into force

63   This Regulation comes into force on the date on which section 64(c) of the Traffic Safety Act comes into force.