Section 54(7) of the Regulations pursuant to The Education Act states:
Instructional materials and equipment to be provided by a board of education for each pupil are to include a dual-controlled driver training vehicle, textbooks and supplementary resource material authorized by the minister.
The driver education vehicle should be used for instructional purposes only. The driver education instructor or other school officials should not use a loaned driver education vehicle for purposes other than those designated by agreement or contract by the dealer providing the vehicle. Naturally, a vehicle owned by the instructor would not carry such limitations regarding use.
The Driver Training Regulations (1986), section 11(1) (a) and (b) and 11(2) (a), (b), and (c) state:
11(1) Subject to subsections (4) and (5), every vehicle used in driver training by a driver instructor or board of education to train a person to drive a class 5 motor vehicle shall:
(a) be equipped with adequate dual controls, consisting of:
(i) dual brakes;
(ii) an ignition cut-off switch where the ignition switch of the vehicle is not within reach of the driver instructor; and
(iii) special rear-view mirrors for the driver instructor; and
(b) have conspicuously displayed and clearly legible, at rear of the vehicle, the words "Student Driver" in letters of not less than five centimetres in height.
11(2) No driver training school and no board of education shall operate or cause to be operated a motor vehicle for the purpose of in-car instruction to train students in the driving of motor vehicles, unless the motor vehicle:
To emphasize: the car(s) provided for all behind-the-wheel instruction shall be in safe mechanical condition and equipped with required dual brakes. The car(s) will have an instructor's inside rear view mirror, seat belts for all occupants, and outside rear view mirrors installed on the right and left sides of the vehicles. All vehicles used for driver education shall display suitable "student driver" signs of no less than 5 cm in height.
Manufacturers of motor vehicles may assist in the provision of cars for use in the high school driver education program. Contact your local dealer on this matter. They have current literature on acquisition procedures from their respective manufacturers. Cars may be leased or purchased. See Appendix E.
All training vehicles must be clean, serviced, and maintained regularly to project a professional image.
For the protection and safety of students, vehicles that are 10 years and older shall meet all requirements in The Vehicle Equipment Regulations, (1987) and pass The Vehicle Inspection Regulations (effective December 17, 1996).
The Highway Traffic Act provides that under certain circumstances, persons may operate motor vehicles without being in possession of a driver's licence. Such special circumstances include persons undertaking road tests in order to obtain a driver's licence, and individuals receiving driver instruction. This latter provision has been extended to include, under very limited, very specific circumstances, certain students enrolled in the high school driver education program. The arrangement provides that a maximum of one hour out of the total in-car instructional program of six hours may be given to a student, who is 15 years of age, without the student being in possession of a Class 7 licence.
Usually, the reason for application of this special dispensation relates to the unavailability of a driver examiner to attend the school for purposes of administering the qualifying licence examinations, due to illness or weather conditions. It is expected that the instructor will counsel the student and the parent/guardian indicating that the student may not operate any motor vehicle other than the driver education vehicle until such time as he/she is in possession of a driver's licence. Further, the instruction provided to the student can only take place in an instructor's dual-controlled driver education vehicle.
It is suggested that boards of education offering driver education should obtain extra auto insurance in order to provide coverage over and above the basic plate insurance coverage provided by Saskatchewan Government Insurance. Boards who do not have a bond should be reminded of Section 85(1)(cc)(i) and (iv) of the Education Act which states:
85(1)(cc) keep in force a policy of insurance for the purpose of indemnifying:
(i) the board of education and its employees with respect to any claim for damages to property or for personal injury or death arising from any program, activity or service authorized or provided by the board of education, or from any approved activity mentioned in Section 232, and
(iv) in the board of education's discretion, parents and citizen volunteers.
Clearly, the board is required to maintain insurance for driver education courses in order to indemnify itself and its employees against any claims. A teacher who was a driver training instructor would be exempt from liability under the circumstance described in Section 232 of The Education Act.
Therefore, a board and its employees would be adequately covered in the event of an accident arising from the driver education program, if the following were in place:
With respect to a parent's liability, generally the law views parents/guardians as not being held responsible for the torts of their children provided that adequate instruction with respect to using the vehicle is given and dangers of operating a vehicle are impressed upon the child.
Students who are not in possession of a driver's licence and who are under the age of 16, but enrolled in a driver education course, may operate a driver education vehicle only and not any other vehicle such as a family car, and only while taking instruction from and accompanied by a driver instructor who holds a valid instructor's certificate. Their parents/guardians should also be made aware of this in writing. Only upon obtaining a Class 7 learner's licence is someone otherwise "qualified and authorized by law" to operate a motor vehicle and therefore come within the provisions of The Automobile Accident Insurance Act.
Students who do not hold a valid learner's licence are not permitted to operate a motor vehicle at anytime.
Failure to properly inform the student and/or parents of the restriction could lead to a misunderstanding and litigation, should a collision occur.