Driver Training Schools, Driving Instructors and Training Vehicles Regulation

Driver Training Schools, Driving Instructors and Training Vehicles Regulation, M.R. 46/2006 The Drivers and Vehicles Act , C.C.S.M. c. D104 Regulation 46/2006 Registered February 24, 2006 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions 2 Persons to whom this regulation does not apply PART 2 DRIVING INSTRUCTORS' PERMITS 3 Issuing driving instructors' permits 4 Failing examination 5 Temporary instructor's permit 6 Conditions of permit PART 3 DRIVER TRAINING SCHOOL PERMITS 7 Issuing driving school permits 8 Conditions of driving school permit 9 Transfer of driving school permit PART 4 VEHICLES USED FOR DRIVER TRAINING 10 Prohibition on use of non-permitted vehicles 11 Issuing training vehicle permits 12 Conditions of training vehicle permit 13 Temporary permit for private vehicle PART 5 TERM OF A PERMIT 14 Term of permit PART 5.1 ADMINISTRATIVE PENALTIES 14.1 Penalty amounts PART 5.2 REFUNDS AND FINANCIAL SECURITY 14.2 Definitions 14.3 Information from class 1 schools 14.4 Class 1 school must refund instruction fees 14.5 Financial security to be provided 14.6 Duration 14.7 Forfeiture of financial security 14.8 Immunity PART 6 GENERAL MATTERS 15 Records to be kept by driver training schools 16 High school driver education signs 17 Schools to provide receipts and statements 18 Permits to be produced 18.1 Sharing of information by registrar PART 7 COMING INTO FORCE 19 Coming into force Schedule PART 1 INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Drivers and Vehicles Act . («  Loi ») "approved form" means an application form approved by the registrar for the purposes of this regulation. (« formule approuvée ») "class 1 vehicle" means a class 1 vehicle as defined in the Driver Licensing Regulation , Manitoba Regulation 47/2006. (« véhicule de classe 1 ») "driver training school" means a school that instructs persons to properly drive one or more classes of motor vehicles, whether by theoretical or practical instruction. (« école de conduite ») "driving instructor" means a person who (a) for hire or remuneration, or for the hope or expectation of remuneration; or (b) as the employee of a driver training school for which a permit has been issued or the employee of the driver training school permit holder; instructs another person in the theory or practice of driving a motor vehicle of a particular class, or holds himself or herself out as a driving instructor for the class of motor vehicle. (« instructeur ») "mandatory entry-level training" means a course approved by the registrar under subsection 11.1(1) of the Driver Licensing Regulation , Manitoba Regulation 47/2006. (« formation obligatoire pour débutants ») "specified charge" means the charge for a driver training school permit or a driving instructor's permit specified under the Charges for Licences, Registrations, Permits and Other Services Regulation. (« frais prévus ») "training vehicle" means a vehicle used for the purpose of instructing a person to drive that class of vehicle. (« véhicule-école ») M.R. 99/2019 Persons to whom this regulation does not apply 2 This regulation does not apply to a person who (a) gives driving instruction without compensation or the hope or expectation of compensation; (b) is an employer who gives driving instruction to a regular employee for the purpose of employment without compensation or the hope or expectation of compensation from the employee; (c) is an employer who gives his or her employees (i) a driving-instruction course, other than mandatory entry-level training, that is approved by the registrar for class 1 motor vehicles, or (ii) a driving-instruction course that is approved by the registrar for class 2, 3 or 4 motor vehicles; (d) offers a theory-based driver-improvement or driver-control program authorized by the registrar, or offers a novice drivers' workshop authorized by the registrar; or (e) offers theoretical or practical instruction in safely driving a motorcycle in a course developed or sponsored by the Canada Safety Council. M.R. 99/2019 PART 2 DRIVING INSTRUCTORS' PERMITS Issuing driving instructors' permits 3 The registrar may issue a driving instructor's permit in respect of one or more classes of vehicles specified in the permit to a person who applies on the approved form, pays the specified charge and satisfies the registrar that he or she (a) has successfully completed the written, oral and practical examinations required by the registrar; (b) holds a valid full-stage driver's licence authorizing the person to drive the class or classes of vehicles that he or she is applying for; (c) has, for at least three years immediately preceding the application, held a licence referred to in clause (b) issued under the Act, or an equivalent licence issued by another province or territory of Canada, or by a state of the United States; (d) has not been guilty of more than two contraventions of the Act, The Highway Traffic Act or a regulation under either of those Acts, or not had more than two accidents for which he or she is responsible, during the three years immediately preceding the application, including contraventions of any similar Act or regulation of, or accidents in, another province or territory of Canada or a state of the United States; (e) has not in the three years immediately preceding the application been suspended or prohibited from driving as the result of being convicted of an offence under the Act , The Highway Traffic Act or a regulation under either of those Acts, or of an offence under the Criminal Code (Canada) in respect of which a record suspension has not been ordered; (f) has not in the five years immediately preceding the application been convicted of two or more offences under the Criminal Code (Canada) committed on different dates by means of a motor vehicle or while driving or having care or custody of a motor vehicle; (g) has not in the five years immediately preceding the application (i) been convicted, under the Criminal Code (Canada), of an offence against the person, a sexual offence or an offence involving moral turpitude, or (ii) been convicted of a contravention of The Human Rights Code , the Canadian Human Rights Act or a similar Act of another province or territory of Canada; and (h) has not in the three years immediately preceding the application been convicted of an offence under the Act or The Highway Traffic Act , or a regulation under either of them, for which a demerit value of 10 or more is set out under the Driver Safety System Regulation , Manitoba Regulation 13/2009. M.R. 99/2019 ; 5/2025 Failing examination 4 An applicant who twice fails any of the examinations referred to in clause 3(a) is not entitled to attempt any of the examinations without the prior consent of the registrar. Temporary instructor's permit 5 The registrar may issue a temporary driving instructor's permit to an applicant under section 3 if the registrar is satisfied that (a) the applicant is likely to satisfy the requirements in clause 3(a) within a reasonable time; and (b) there are no other grounds for refusing a permit. M.R. 5/2025 Conditions of permit 6 A driving instructor's permit is subject to the following conditions: (a) the permit holder must not provide services as a driving instructor to or on behalf of any person who the permit holder knows or has reason to believe does not hold a driver training school permit; (a.1) the permit holder must not provide practical driving instruction to any person unless the person holds a valid driver's licence that authorizes them to drive the motor vehicle to be driven; (b) the permit holder must not use any vehicle other than a vehicle permitted under Part 4; (c) the permit holder must not use for driver training any part of a street or road if it is ordinarily used for driver testing by The Manitoba Public Insurance Corporation or another person authorized by the registrar to give road tests to drivers; (d) the permit holder must not contravene the Act, The Highway Traffic Act or a regulation under either of those Acts; (d.1) if the permit holder provides mandatory entry-level training, they must do so in accordance with a curriculum and training standards approved by the registrar; (d.2) the permit holder must allow the registrar to (i) inspect any training vehicle used by the permit holder, (ii) inspect any premises used by the permit holder to provide driver training, (iii) audit the permit holder's records for compliance with the Act and this regulation and take copies of the records for that purpose, (iv) attend and monitor any driving instruction session provided by the permit holder, including in-vehicle instruction, (v) interview any current or former student of the permit holder, and (vi) take any other steps the registrar considers necessary to evaluate the driving instruction provided by the permit holder; (d.3) the permit holder must cooperate with the registrar with respect to any action taken by the registrar under clause (d.2); (e) any other conditions that the registrar imposes on the permit. M.R. 99/2019 ; 5/2025 PART 3 DRIVER TRAINING SCHOOL PERMITS Issuing driving school permits 7 The registrar may issue a driver training school permit in respect of a school specified in the permit to the school's operator if (a) the operator applies on the approved form; (b) the operator pays the specified charge; (b.1) the operator provides financial security that complies with section 14.5 if the operator is required to provide financial security under that section; (c) the operator provides evidence satisfactory to the registrar of the following subsisting insurance coverage: (i) $5,000,000 of commercial general liability insurance if one or both of the following apply: (A) the operator maintains or intends to maintain physical premises at which driving instruction is provided, (B) the operator is a class 1 school, as defined in section 14.2, (ii) $1,000,000 of third-party liability insurance for each training vehicle used by the driver training school, other than a class 1 vehicle, (iii) $5,000,000 of third-party liability insurance for each training vehicle used by the driver training school that is a class 1 vehicle; (d) neither the operator nor any of its directors or officers have, in the five years immediately preceding the application (i) been convicted, under the Criminal Code (Canada), of an offence against the person, a sexual offence or an offence involving moral turpitude, or (ii) been convicted of a contravention of The Human Rights Code , the Canadian Human Rights Act or a similar Act of another province or territory of Canada; and (e) the operator satisfies the registrar that (i) every driving instructor engaged by the driver training school has a valid instructor's permit, and (ii) the operator uses only vehicles permitted under Part 4 to provide driver training. M.R. 99/2019 ; 5/2025 Conditions of driving school permit 8 A driver training school permit is subject to the following conditions: (a) the permit holder must continuously maintain the insurance required by clause 7(c); (b) the permit holder must not permit any driving instructor employed by the driver training school to use for driver training any part of a street or road if it is ordinarily used for driver testing by The Manitoba Public Insurance Corporation or another person authorized by the registrar to give road tests to drivers; (c) the permit holder must not on any property or in any building occupied by the Government of Manitoba or The Manitoba Public Insurance Corporation solicit with a view to providing driving instruction to any person; (d) the permit holder must not directly or indirectly, orally or in writing, state or imply that the permit holder is approved by the minister, The Manitoba Public Insurance Corporation, the Government of Manitoba or another agency of the government except that the words "Registered as a driver training school under The Drivers and Vehicles Act " may be used; (e) the permit holder must not either orally or in writing state or imply that a student will, after taking driving instruction with the holder, be guaranteed of obtaining a driver's licence for motor vehicles of the class for which instruction was given; (f) the permit holder must not contravene the Act, The Highway Traffic Act or a regulation under either of those Acts; (f.1) the permit holder must ensure that any driving instructor providing mandatory entry-level training on the permit holder's behalf does so in accordance with a curriculum and training standards approved by the registrar; (f.2) the permit holder must allow the registrar to (i) inspect the permit holder's training vehicles, (ii) inspect any premises used by the permit holder to operate a driver training school or give driving instruction, (iii) audit the permit holder's records for compliance with the Act and this regulation and take copies of the records for that purpose, (iv) interview any driving instructor employed or engaged by the permit holder, (v) attend and monitor any driving instruction session provided by the permit holder or a driving instructor employed or engaged by the permit holder, including in-vehicle instruction, (vi) interview any current or former student of the permit holder, and (vii) take any other steps the registrar considers necessary to evaluate the driving instruction provided by the permit holder or by a driving instructor employed or engaged by the permit holder; (f.3) the permit holder must cooperate with the registrar with respect to any action taken by the registrar under clause (f.2); (f.4) if the permit holder maintains physical premises at which driving instruction is provided, the permit holder must display the permit in a conspicuous place at those premises; (g) any other conditions that the registrar imposes on the permit. M.R. 99/2019 ; 5/2025 Transfer of driving school permit 9(1) A driver training school permit is not transferable except as permitted by subsection (2). 9(2) If the registrar is satisfied that a proposed transferee satisfies all the requirements to obtain a driver training school permit, the registrar may, subject to such terms and conditions as the registrar considers appropriate, approve the transfer of a driver training school permit to the transferee. PART 4 VEHICLES USED FOR DRIVER TRAINING Prohibition on use of non-permitted vehicles 10 Subject to section 13, no person shall use or permit the use of a vehicle for the purpose of providing driver training unless there is a valid training vehicle permit issued under this regulation authorizing the use of the vehicle for that purpose. Issuing training vehicle permits 11(1) The registrar may issue a training vehicle permit authorizing a driver training school to use a vehicle in giving driver training for that class of vehicle to the vehicle's owner if the owner (a) applies on the approved form; (b) pays the specified charge; and (c) satisfies the registrar that the vehicle (i) is in safe working condition, is an appropriate vehicle for driver training and has been inspected as required by the registrar, and (ii) is or before being used for driver training will be equipped as required by subsection (2) or (3). 11(2) When a training vehicle is a class 5 motor vehicle, the training vehicle's owner must ensure that the vehicle (a) has dual brake pedals in good working order; (b) has a functional interior rear-view mirror that is separate from the rear-view mirror with which the motor vehicle was manufactured and is firmly mounted so as to give the driving instructor a clear and unobstructed view of the highway to the motor vehicle's rear; and (c) has a sign (i) clearly visible from at least 20 m behind the training vehicle, (ii) firmly affixed to its top or rear, and (iii) containing the name of the driver training school and the words "TRAINING VEHICLE" or "TRAINING CAR" in legible upper case letters, with the lettering and background in contrasting shades. 11(3) When a training vehicle is a vehicle other than a class 5 motor vehicle, the training vehicle's owner must ensure that the vehicle (a) has a sign (i) clearly visible from at least 20 m behind the training vehicle, (ii) firmly affixed to its top or rear, and (iii) containing the words "STUDENT DRIVER", "TRAINING VEHICLE" or "TRAINING CAR" in legible upper case letters at least 20 cm in height, with the lettering and background in contrasting shades; and (b) conspicuously displays on both its sides in legible upper case letters at least 10 cm in height the name of the driver training school that is permitted to use the training vehicle, with the lettering and background in contrasting shades. M.R. 99/2019 Conditions of training vehicle permit 12 A training vehicle permit is subject to the following conditions: (a) the permit holder must not permit the vehicle to be used for driver training by a person who does not possess a valid driving instructor's permit or driving training school permit; (b) the permit holder must not use for driver training any part of a street or road if it is ordinarily used for driver testing by The Manitoba Public Insurance Corporation or another person authorized by the registrar to give road tests to drivers; (c) the permit holder must not contravene the Act, The Highway Traffic Act or a regulation under either of those Acts; (d) any other conditions that the registrar imposes on the permit. M.R. 5/2025 Temporary permit for private vehicle 13 The registrar may, subject to such terms and conditions as the registrar considers appropriate, issue a temporary training vehicle permit authorizing the use of any vehicle for training in how to drive the vehicle if the holder of a driving school permit (a) applies on the approved form; (b) pays the specified charge; and (c) satisfies the registrar that the vehicle is in safe working condition, is an appropriate vehicle for giving driver training and has been inspected as required by the registrar. PART 5 TERM OF A PERMIT Term of permit 14(1) A permit issued under this regulation expires on the date specified in the permit, which must not be later than five years after the date the permit is issued. 14(2) A temporary driving instructor's permit or a temporary permit issued under section 13 expires on the date specified in the permit. 14(3) A permit that is not renewed before the day it expires is not renewable after that day. M.R. 99/2019 PART 5.1 ADMINISTRATIVE PENALTIES Penalty amounts 14.1 For the purpose of subsection 99.1(2) of the Act, the amount of the administrative penalty is determined in accordance with the Schedule to this regulation. M.R. 5/2025 PART 5.2 REFUNDS AND FINANCIAL SECURITY Definitions 14.2 The following definitions apply in this Part. "class 1 school" means a person who holds or has held a driver training school permit that authorizes the holder to provide mandatory entry-level training or other driving instruction in respect of class 1 vehicles. (« école de conduite de classe 1 ») "eligible student" means a person who (a) has paid instruction fees; and (b) if the class 1 school ceased providing the driving instruction course while the person was still enrolled, would not be eligible under The Private Vocational Institutions Act for either of the following: (i) a refund of all or part of the instruction fees, (ii) a payment to complete their driving instruction course. (« élève admissible ») "financial security" means a bond or letter of credit provided under subsection 14.5(1). (« garantie financière ») "instruction fees" means all tuition fees and other amounts required to be paid by a student to a class 1 school for a driving instruction course in respect of class 1 vehicles. (« frais d'enseignement ») "person" includes a partnership, and any other organization or entity, whether incorporated or not. (« personne ») M.R. 5/2025 Information from class 1 schools 14.3 A class 1 school must provide the registrar, at the times specified by the registrar, the following information for every person enrolled in mandatory entry-level training or other driving instruction in respect of class 1 vehicles: (a) the person's name, address, telephone number and driver's licence number; (b) the course or program in which the person is enrolled; (c) the amount of instruction fees and any other amount paid by the person to the class 1 school; (d) any other information required by the registrar. M.R. 5/2025 Class 1 school must refund instruction fees 14.4(1) Subject to subsection (2), a class 1 school must refund all the instruction fees received from an eligible student enrolled in a driving instruction course with respect to class 1 vehicles if the school ceases providing driving instruction in that course while the student is still enrolled. 14.4(2) A class 1 school is not required to refund instruction fees to an eligible student if the school makes an arrangement acceptable to the student and the registrar to complete the driving instruction course. 14.4(3) A class 1 school must refund a student's instruction fees under subsection (1) not later than 14 days after the earlier of (a) the day on which the school ceased providing driving instruction to the student; and (b) the day on which the school's driving school permit expired or was suspended or cancelled. 14.4(4) If a class 1 school is required to refund instruction fees under subsection (1) or would have been required to refund instruction fees but for subsection (2), the school must provide to the registrar the following information within seven days after the expiry of the period set out in subsection (3): (a) the name, address, telephone number and driver's licence number of each eligible student enrolled in the driving instruction course at the time that the school ceased providing the course; (b) the instruction fees that have been refunded to each eligible student; (c) the details of any arrangement to complete an eligible student's driving instruction course that the school has made with the student; (d) any other information required by the registrar. M.R. 5/2025 Financial security to be provided 14.5(1) Subject to subsection (2), a class 1 school must provide to the registrar, at the time set out in subsection (3) and in the amount determined under subsection (4), (a) a bond of a guarantee insurance or surety company authorized to conduct business in the province payable to the registrar in a form acceptable to the registrar; or (b) an irrevocable letter of credit payable to the registrar in a form acceptable to the registrar. 14.5(2) A class 1 school is required to provide financial security to the registrar only if the school has enrolled an eligible student. 14.5(3) The financial security must be provided to the registrar (a) at the time that the school applies for a driving school permit; or (b) if no financial security was required to be provided at the time that the school applied for a driving school permit, at the time the school enrols an eligible student. 14.5(4) The amount of the financial security is determined as follows: (a) for the initial year of operations, for the amount of instruction fees the class 1 school reasonably expects to collect in the year from eligible students as listed in the first column of the following table, the amount listed opposite in the second column; (b) for each subsequent year, for the amount of instruction fees collected by the class 1 school in the previous year from eligible students as listed in the first column of the following table, the amount listed opposite in the second column. Annual instruction fees from eligible students Financial security amount $200,000 or less $10,000 $200,001 to $300,000 $20,000 $300,001 to $400,000 $30,000 $400,001 to $500,000 $40,000 $500,001 to $600,000 $50,000 $600,001 to $700,000 $60,000 $700,001 to $800,000 $70,000 $800,001 to $900,000 $80,000 $900,001 to $1,000,000 $90,000 $1,000,001 or more $100,000 14.5(5) The financial security does not bear interest. M.R. 5/2025 Duration 14.6(1) A class 1 school must maintain the financial security required under section 14.5 until the earliest of (a) the day the financial security is replaced with other financial security that complies with this Part; (b) one year after the day the school ceases to carry on the business of providing driving instruction; (c) one year after the day the school's driver training school permit expires or is suspended or cancelled; and (d) one year after the day the school ceases to have an eligible student enrolled in driver training with respect to class 1 vehicles. 14.6(2) Despite subsection (1), if the registrar is satisfied that a class 1 school has refunded all of the instruction fees that it may be required to refund under subsection 14.4(1), the registrar may return the financial security to the school before the end of the one-year period. M.R. 5/2025 Forfeiture of financial security 14.7(1) The registrar may, at the registrar's discretion, declare all or part of the financial security provided by a class 1 school to be forfeited if either of the following occurs: (a) the school is required to refund instruction fees under subsection 14.4(1) and does not make a full refund within the period set out in subsection 14.4(3); (b) the school's driver training permit expires or is suspended or cancelled. 14.7(2) If the registrar declares all or part of a financial security to be forfeited, the forfeited amount becomes a debt due to The Manitoba Public Insurance Corporation. 14.7(3) The registrar must distribute the amount of the forfeited financial security, (a) first, to eligible students to fully refund all of the instruction fees that were required to be refunded under subsection 14.4(1) but were not refunded; (b) second, to The Manitoba Public Insurance Corporation to reimburse reasonable legal and administrative expenses incurred by it; and (c) after that, to the class 1 school that provided the financial security. 14.7(4) If the amount of the instruction fees to be refunded to eligible students under clause (1)⁠(a) exceeds the amount of the financial security, the amount of the forfeited security must be distributed pro rata among the eligible students. 14.7(5) The registrar may make a payment from the forfeited financial security without notice to the class 1 school that provided the security. M.R. 5/2025 Immunity 14.8 No action or proceeding may be brought against the registrar, The Manitoba Public Insurance Corporation or an employee or agent of The Manitoba Public Insurance Corporation for anything done, or omitted to be done, in respect of instruction fees or other amount paid by a student to the holder of a driving school permit. M.R. 5/2025 PART 6 GENERAL MATTERS Records to be kept by driver training schools 15(1) The operator of a driver training school must make and retain for five years at the operator's place of business the following records: (a) a record of every vehicle used to provide in-vehicle driver training, including a copy of its registration and proof of insurance; (b) the following records in respect of each licensed driving instructor employed by the school or providing driver training on its behalf: (i) their name and contact information, (ii) a copy of their valid driver's licence, (iii) a copy of their most recent driving instructor's permit, (iv) if applicable, a copy of the person's certification to provide the mandatory entry-level training (MELT) required under section 11.1 of the Driver Licensing Regulation , (v) their employment agreement or agreement to provide instruction on the school's behalf; (c) the following records in respect of each person to whom the school has provided, or is providing, driver training, sorted alphabetically by the person's last name: (i) their name and contact information, (i.1) a copy of their valid driver's licence that authorizes them to drive the motor vehicle to be driven, (ii) a chronological listing of all classroom training provided to the person, including the date and time of each training session, its duration and a record of the person's attendance, (iii) a chronological listing of all in-vehicle training provided to the person, including the date and time of each training session, its duration and a record of the person's attendance, (iv) all classroom and in-vehicle test results for the person. 15(2) The operator must keep the records required by clause (1)⁠(c) separate from the driving school's other records. M.R. 99/2019 ; 5/2025 High school driver education signs 16 No person shall display or cause to be displayed on any vehicle the words, "High School Driver Education", alone or in combination with other words, unless that person has, or is engaged by a person who has, entered into a contract with The Manitoba Public Insurance Corporation to provide practical driving instruction to high school students. Schools to provide receipts and statements 17 The operator of a driver training school must provide each person who is given driver training with a written itemized statement of services provided or rental charged, and a receipt for each payment made. Permits to be produced 18 The holder of a permit issued under this regulation must produce the permit to a police officer or any person acting under the authority of the registrar who requests to see it. Sharing of information by registrar 18.1 If a driver training school that holds or has previously held a permit under section 7 is registered as a private vocational institution under The Private Vocational Institutions Act , the registrar may share any information collected from or in respect of the school under this regulation — including personal information as defined in subsection 1(1) of The Freedom of Information and Protection of Privacy Act — with the director of private vocational institutions. M.R. 99/2019 PART 7 COMING INTO FORCE Coming into force 19 This regulation comes into force on the same day that The Drivers and Vehicles Act , S.M. 2005, c. 37, Schedule A, comes into force. SCHEDULE (Section 14.1) ADMINISTRATIVE PENALTIES