Section 1340-01-04-.05 - DEFENSIVE DRIVING/ACCIDENT PREVENTION COURSES(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(21) years of age, a high school graduate or passed the GED, have and maintain a valid driver license that has not been revoked, suspended or cancelled for any reason in the three (3) years preceding the date of application and no conviction for a felony or any crime involving violence,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.Tenn. Comp. R. & Regs. 1340-01-04-.05
Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Repeal and new rule filed April 18, 2005; effective August 26, 2005. Amendment filed March 11, 2008; effective July 29, 2008.Authority: T.C.A. §§ 4-5-202, 55-50-505 and 56-7-1107.