Section 1340-01-06-.03 - COMMERCIAL DRIVER TRAINING ENTERPRISE AND COMMERCIAL DRIVER TRAINING INSTRUCTOR LICENSE(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; and2. 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; and2. 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; and2. The circumstances involving such loss, mutilation, or destruction.Tenn. Comp. R. & Regs. 1340-01-06-.03
Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.Authority: T.C.A. Title 4, Chapter 5, § 55-19-105.