Regulations tightened on driving schools

A bill recently passed by the state legislature is aimed at improving the oversight of driver training schools. House Bill 2829, sponsored by Vancouver representative Deb Wallace, places stricter regulations on opening and running driver training schools.

In 2002, oversight of the schools was shifted from the Office of the Superintendent of Public Instruction to the Department of Licensing. But DOL had little authority to hold driver training schools to the standards the state mandated.

“The legislation was pretty weak when it changed hands,” said Brad Benfield, DOL spokesperson, “It didn’t take long after the program’s transition that we realized the regulations were not strong enough to do the oversight necessary.”

The problem became exaggerated as the number of schools grew from 119 in 2002 to 220 schools today.
In particular, an investigation by the Tacoma News Tribune newspaper uncovered a rash of violations by a chain of schools located throughout the state, including schools in Clark County. The schools, which operated under several names, were found to be operating without licenses, using uncertified instructors and making false claims on applications, among other violations.

DOL, however, had limited ability to enforce the standards. The agency could only suspend, revoke or deny a license. The DOL had no authority over businesses operating without a license or to take any disciplinary action.
A key aspect of the legislation places driver training schools and instructors under the authority of the Uniform Regulation of Business and Professions Act, which provides standardized procedures for regulating businesses, enforcing laws and taking disciplinary action.

“(The legislation) gives the (DOL) more opportunities to regulate the schools and keep administration in line,” said Stephen Kulin, owner of A Driving School, which has three locations in Clark County. “And when not in compliance, they can be put in check with fines.”

Before, schools were only expected to provide training records of the students. Now there is oversight of business practices as well, said Kulin.

Kulin was involved with DOL and the legislature in drafting the new regulations. In 2002, Kulin came under fire when his Diamond Driving School was investigated because of a former partnership with Gary Probst, who is the man behind the string of driving schools operating outside of the law. Kulin voluntarily closed his Diamond Driving School location, which angered students of the school. So Kulin reopened at a different location and allowed students to complete the course.

Probst remains under investigation.

Kulin now operates locations in Vancouver, Camas and Salmon Creek. As part of a pilot program, his locations were reviewed under the new regulations.

Background checks are now required for any school employee having direct contact with students. The bill creates more stringent guidelines for traffic and alcohol related violations. And schools’ insurance coverage must be increased from $100,000 to $1 million and include property damage and uninsured motorist coverage. Other clarifications were made and a risk-based audit program was created.

“(The industry) would like to have a level playing field, and give DOL the tools to hold schools accountable to state regulations,” said Benfield.

Unlicensed schools were undercutting the competition and producing a lesser product, said Benfield.

Driver training schools and instructors must renew their licenses yearly, and the new regulations must be met as each is renewed. Kulin expects some schools will be negatively impacted by the stricter rules.

“That is the plan,” he said. “That is what the rules are there for.”

Honest business shouldn’t have difficulty complying, Kulin added.

The cost of the course for students may rise, however. The increased cost of insurance, in particular, will likely get passed onto clients. A Driving School now charges about $275 for its course.

Nicole Fox Bisconer recently opened Driving 101 in Vancouver. She is in support of the stricter requirements because they “are in the best interest of the schools and protect our students.”

She is, however, concerned the increase in the time it takes to obtain a school license from 30 to 90 days is excessive, and could be financially troubling for applicants, said Bisconer.

Several companies provide driver training in Clark County. According to the DOL, AIM Driving School recently closed in the midst of a DOL investigation and Quality Driving School with locations in Vancouver and Camas is currently facing disciplinary action after an investigation revealed evidence that one of the owners failed to disclose a prior criminal conviction on the driver training school application.

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