Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-01 - Driver Control Division
Chapter 1340-01-04 - Tennessee Driver Improvement Program
Section 1340-01-04-.05 - DEFENSIVE DRIVING/ACCIDENT PREVENTION COURSES
Universal Citation: TN Comp Rules and Regs 1340-01-04-.05
Current through September 24, 2024
(1) Defensive Driving Course Provider Requirements:
(a) A current State or County business
license.
(b) Must be at least
twenty-one (21) years of age, a high school graduate or passed the GED, have
and maintain a valid driver license that has not been revoked, suspended or
cancelled for any reason in the three (3) years preceding the date of
application and no conviction for a felony or any crime involving violence,
dishonesty, deceit, fraud, or indecency, and not an employee of the
Department.
(c) Submit an
Application supplied by the Department, along with a certified check or money
order in the amount of one hundred fifty dollars ($150.00) for the application
fee, to the Department's Driver Improvement Unit.
(d) Be insured in the amount(s) set forth
herein.
(e) Provide an eight (8)
hour defensive driving class.
(f)
Issue a certificate of completion on a form supplied by the Department to each
student who has successfully completed the defensive driving course. Such
certificate shall have thereon the student's full name, driver license number,
date of birth, course name, hours completed and the defensive driving course
Provider's name and address.
(g)
Comply with or exceed the minimum standards set forth herein.
(h) Only use instructors who meet the
qualifications set forth herein.
(i) Maintain the following records for a
period of three (3) years and ensure that such records are available for
inspection by the Department during business hours:
1. A roster of each class, listing the course
name, location, instructor's full name, student names, driver license numbers
and date of birth.
2. A receipt for
each student stating the student's full name, driver license number and amount
paid.
3. A list of students who
have successfully completed the defensive driving course, with each student's
full name, driver license number, date of birth, course name and class
location.
4. Course material, which
shall include the most recent material to teach crash prevention, safety and
defensive driving.
5. Any other
records that may be required by the Department.
(j) Ensure compliance with all Department
rules and regulations.
(k)
Immediately notify the Department by mail, facsimile or electronic transmission
of any change(s) in information on the application or any change in ownership
or instructors.
(l) Be open for
periodic (with or without notice) on-site inspection by the
Department.
(m) Have a minimum of
one (1) instructor per fifty (50) students during classroom instruction, with a
maximum of fifty (50) students in any class.
(n) Shall not hire any person as an
instructor or otherwise who is an employee of the Department.
(o) Comply with the requirements of the
Americans with Disabilities Act of 1990.
(2) Defensive Driver Course Instructor Requirements:
(a) Must be at least twenty-one
(21) years of age, high school graduate or passed the GED, have and maintain a
valid driver license that has not been revoked, suspended or cancelled for any
reason in the three (3) years preceding the date of hire, no conviction for a
felony or any crime involving violence, dishonesty, deceit, fraud, or indecency
and not an employee of the Department.
(b) As of July 1, 2005, shall have attended
and successfully completed a Defensive Drivers Instructors School operated by
AAA, National Safety Council or such other certified school approved by the
Department. Such school shall send a copy of the instructor's certificate of
completion to the Department's Driver Improvement Unit. The instructor shall
maintain current certification.
(3) Financial Responsibility:
(a) Each defensive driving course Provider
shall attach a certificate of insurance from an insurer authorized to do
business in Tennessee to its application:
1.
The certificate shall state that the School has liability insurance in the
amount of $300,000.00.
2. The
certificate shall stipulate that the insurance shall not be canceled except
upon ten (10) days prior notice to the Department.
(b) The Insurance Policy shall be available
for inspection during business hours.
(c) For the protection of the contractual
rights of students, each defensive driving course Provider shall have a
continuous surety company bond in the principal sum of $7,500.00 from a company
approved by the Department that is authorized to do business in Tennessee.
Provided, however, that the aggregate liability of the surety for all breaches
of the condition of the bond in no event shall exceed the principal sum of
$7,500.00. The surety on any such bond may cancel such bond on giving thirty
(30) days notice in writing to the Department and shall be relieved of
liability for any breach of any condition of the bond which occurs after the
effective date of cancellation. Proof of such surety bond shall be attached to
the application.
(4) Denial, Revocation or Suspension:
(a) The
Department may deny, revoke or suspend the defensive driving course Provider or
Instructor for any violation of the law, rules or regulations relating to the
operation of a defensive driving course.
(b) The Department may deny, revoke or
suspend the defensive driving course Provider or Instructor for actions
including, but not limited to the following:
1. Conviction of a Provider or Instructor for
a felony or any crime involving violence, dishonesty, deceit, fraud or
indecency.
2. Knowingly presenting
false or misleading information to the Department.
3. Failure or refusal to permit the
Department to inspect, audit or investigate the defensive driving course
premises, the defensive driving course class, instruction records, financial
records, etc.
4. Failure to submit
the application with supporting documentation within the prescribed time
limit.
5. Failure to maintain
Department approved standards in instruction, equipment or
facilities.
6. The presence of
alcoholic beverages or narcotic drugs on the premises.
7. The presence of any type of weapon on the
premises, except a weapon carried by a commissioned law enforcement
officer.
(7) Hearing:
(a) Any Provider or Instructor of a
defensive driving course who has been denied, revoked or suspended shall have
the right to request a hearing in writing within thirty (30) days of the date
of written notification of such action.
(b) The hearing shall be before the
Commissioner or the Commissioner's designee and held in accordance with the
Uniform Administrative Procedures Act (T.C.A. §
4-5-101, et seq.).
(8) The criteria set forth in this rule shall also apply to accident prevention courses for older drivers as provided for in T.C.A. § 56-7-1107.
Authority: T.C.A. §§ 4-5-202, 55-50-505 and 56-7-1107.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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