Sec. 76.16. Instruction

(a) Drivers' schools licensed by the commissioner shall provide oral instruction during practical training to include subject matter relating to rules of the road, safe driving practices, driver responsibility, pedestrian safety care and use of automobile safety devices. In addition, the practical training shall include demonstration and actual training in starting, stopping, shifting, turning, backing, parking (except that backing and parking shall not be required in motorcycle instruction), steering, driving in both city and highway traffic (where practicable), and in defensive driving. All of the practical training must be in a vehicle which meets the requirements of the Vehicle and Traffic Law and, if a school-owned or -controlled vehicle, one which meets the requirements of this Part.

(b) The practical behind-the-wheel training consists of actual driving practice while the vehicle is in motion. This will not preclude incidental curbside oral instruction complementing the training being given during the lesson.

(c) No instructor shall give any driving instructions in the operation of a motor vehicle within any area designated by the commissioner as a road test area. However, an instructor may accompany and supervise a student residing within any such road test area from and to his place of residence for the purpose of giving such instruction outside of such road test area without violating the foregoing provisions.

(d) The instruction may periodically be observed by motor vehicle license inspectors and evaluated as to content and standards.

(e) The driving instructor shall, upon the request of his or her student who is the holder of a class DJ or MJ learner's permit, certify on a form prescribed by the commissioner the number of hours such student has spent operating a motor vehicle while under the immediate supervision of such driving instructor.