Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-01 - Driver Control Division
Chapter 1340-01-06 - Commercial Driver Training Enterprise Rules and Regulations
Section 1340-01-06-.03 - COMMERCIAL DRIVER TRAINING ENTERPRISE AND COMMERCIAL DRIVER TRAINING INSTRUCTOR LICENSE
Universal Citation: TN Comp Rules and Regs 1340-01-06-.03
Current through September 24, 2024
(1) GENERALLY.
(a) No person shall operate, conduct,
maintain, or establish a driver training enterprise in this state unless he
holds a valid current license issued by the department.
(b) No person shall give driver training
instruction for hire or act as a driver training instructor unless he holds a
valid current driver training instructor license issued by the department and
unless he is employed by a licensed driver training enterprise.
(c) Where an application is made for renewal
of a driver training enterprise license or driver training instructor license,
the applicant may continue to conduct business as a driver training enterprise
or driver training instructor until the renewal application is granted or
denied by the department.
(2) REQUIREMENTS OF APPLICANTS FOR A DRIVER TRAINING ENTERPRISE LICENSE.
(a) The
department shall not issue a driver training enterprise license to any driver
training enterprise unless:
1. The driver
training enterprise has and maintains an established place of business in this
state;
2. The driver training
enterprise has in its employ at least one (1) licensed driver training
instructor;
3. The driver training
enterprise has at least one (1) motor vehicle registered with the department in
the name of the driver training enterprise which has been safety
inspected-insurance certified as required herein for driver training
purposes;
4. Each individual,
owner, partner, associate, officer, manager or trustee of the driver training
enterprise is:
(i) Of good moral character;
and
(ii) At least 21 years of
age.
5. The driver
training enterprise has liability insurance covering the driver training
enterprise, the instructor, and students of the driver training enterprise
while operating the driver training enterprise equipment, with minimum limits
of not less than $100,000.00 for bodily injury or death of one (1) person in
any one (1) accident and subject to that limit for any one (1) person
$300,000.00 for bodily injury or death of two or more persons in any one (1)
accident, $5,000.00 medical payment on each individual, and $10,000.00 for
damage to the property of others in any one (1) accident. Evidence of insurance
coverage shall also provide that the insurance coverage shall not be cancelled
except after 10 days prior notice in writing by the carrier to the
commissioner.
(3) APPLICATION REQUIREMENTS FOR DRIVER TRAINING ENTERPRISES.
(a) General Information
Section: All applicants shall state the name, address and telephone numbers of
the driver training enterprise; whether the enterprise is a sole
proprietorship, corporation or association; and the names, addresses and
telephone numbers of all owners, partners, associates, process agents, officers
and managers on forms furnished by the department. All applications shall state
that the owners of a driver training enterprise, unless it be a corporation,
are each 21 years of age or over, and each of good moral character. The general
information section shall also contain such other questions as the department
shall deem necessary to determine the eligibility of the applicant.
(b) Personal History Section: Each owner,
partner, associate, officer and manager of every driver training enterprise
shall submit an individual personal history schedule of his activities, on
forms furnished by the department.
(c) Motor Vehicles Section: All applicants
shall submit a schedule, on forms furnished by the department, listing all
motor vehicles owned, leased, registered and insured in the name of the driver
training enterprise.
(d) Place of
Business and Facilities Section: All applications shall contain a description
of the established place of business together with a statement of the hours
during which the driver training enterprise is conducted and a description of
the equipment and facilities used in driver training.
(e) Insurance Certificate: All applications
shall be accompanied by an insurance certificate giving evidence of liability
insurance coverage as required herein.
(f) Rates for instruction must be submitted.
It shall be the enterprise's responsibility to notify the department of any
change of rate.
(g) Fee: Each
applicant for a license to operate a driver training enterprise and each
application for renewal of a license to operate a driver training enterprise
shall be verified under oath and accompanied by the required fee set forth in
chapter 19, title 59, T.C.A.
(h)
Expiration: Every license issued for the operation of a driver training
enterprise shall expire on December 31st of each year, unless sooner revoked or
cancelled.
(i) Renewal: The license
of each driver training enterprise may be renewed subject to the same
conditions as a new license, and upon payment of the required fee.
(4) APPLICATION REQUIREMENTS FOR A DRIVER TRAINING INSTRUCTOR LICENSE - The department shall not issue a driver training instructor license to any applicant unless:
(a) He is 21 years of age or older;
(b) He is of good moral character;
(c) He is a high school graduate or the
equivalent thereof;
(d) He holds a
current valid Tennessee Motor Vehicle Class D license with a for hire
endorsement;
(e) He has not been
convicted of more than two (2) moving serious traffic, violations, as defined
by T.C.A. §
55-50-102, within the two (2) year
period immediately preceding the date of application;
(f) He has manifested good driving habits
indicating a respect for traffic laws and regard for the safety of others on
the highways;
(g) He has passed a
written examination and road test given by the department for a driver training
instructor license.
(h) He is
physically able to safely operate a motor vehicle and instruct or train others
in its operations;
(i) He properly
makes application for a driver training instructor license on forms prepared by
the department;
(j) He is employed
by a driver training enterprise licensed by the department; and
(k) He supplies a complete set of
fingerprints of himself to the department.
(5) DRIVER TRAINING INSTRUCTOR APPLICATION AND EXAMINATION.
(a) Application, Personal
History and Physical Examination: Each person desiring to be licensed as a
driver training instructor must make application on forms furnished by the
department. The forms shall consist of two sections:
1. Personal history of the applicant;
and
2. Physical examination report
signed by an examining physician.
(b) Employer: The driver training instructor
license application must indicate the name and address of the driver training
enterprise employing the applicant and it must be signed by an agent or
representative of the driver training enterprise. The application must be
verified under oath and signed by the applicant.
(c) Fee: Upon receipt by the department of a
duly completed driver training instructor application, a five dollar ($5.00)
fee, fingerprints, and a physical examination report, the applicant, if
otherwise qualified, shall be entitled to take a Driver Training Instructor
written examination and driving test as prescribed by the department.
(d) Written Examination: The written
examination shall consist of questions dealing with the following:
1. Tennessee motor vehicle traffic
laws;
2. Operation of motor
vehicles;
3. Safe driving practices
The department may also test the applicant for depth perception, peripheral vision, and reaction time.
(e) Driving Examination: The department's
driving test will examine the applicant's ability to drive and to give driver
training instructions to others.
(f) Issuance of Driver Training Instructor
License: All applicants who pass the instructor's examination and who are
otherwise qualified will be issued a driver training instructor license
containing:
1. The name and address of the
licensee; and
2. The name and
address of the driver training enterprise by whom he is employed.
(g) Expiration of Driver Training
Instructor License: Every driver training instructor license shall expire when
he leaves the employment of the driver training enterprise listed on his
license or on December 31st of each year unless it is renewed by the
department.
(h) Renewal: The
license of each driver training instructor may be renewed annually subject to
the same conditions as the original license, and upon payment of the same
fee.
(i) Display and Possession
Requirements: The driver training instructor license shall be non-transferable
and shall be carried on the person of the instructor at all times during which
he is actually giving driver training instruction. Upon request, the instructor
shall exhibit the license to any student taking instruction from him and to any
other person authorized by law to examine motor vehicle operator's
licenses.
(j) Lost, Mutilated or
Destroyed Licenses: Should a license be lost, mutilated, or destroyed, a
duplicate license will be issued upon proof of the facts. In the case of a
mutilated license, the surrender of such license. A one dollar ($1.00)
replacement charge will be made for all duplicates. Proof of facts shall
consist of:
1. The date the license was lost,
or destroyed; and
2. The
circumstances involving such loss, mutilation, or destruction.
Authority: T.C.A. Title 4, Chapter 5, § 55-19-105.
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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