Section 1340-01-13-.13 - MINORS OBTAINING LICENSES OR TEMPORARY LICENSES(1) When applying for a driver license, intermediate driver license, instructional permit, photo identification license, temporary driver license, temporary intermediate driver license, temporary instructional permit or temporary photo identification license, applicants under the age of eighteen (18) must also fulfill the following additional requirements:(a) If applying for a photo identification license or temporary photo identification license the applicant must submit a certified birth certificate and have a parent or legal guardian sign a teenage affidavit and submit proof of their own identity.(b) If applying for any type of license, instructional permit or temporary license other than a photo identification license or temporary photo identification license, the applicant must submit a teenage affidavit signed by an adult verifying the applicant's identity and certifying they are willing to assume on behalf of the minor the obligations imposed upon drivers by state law.(c) Minor applicants for instructional permits, driver licenses or temporary driver licenses must present verification that they are currently enrolled in school; have already graduated from a secondary school; have obtained their general education equivalency degree (G.E.D.); or are excused from these requirement due to circumstances beyond their control as approved by a representative from the Tennessee Department of Education.(d) Applicants under eighteen (18) years of age may obtain a Class D Intermediate Driver License or Class XPD Intermediate Temporary Driver License only if, in addition to meeting all other requirements, the applicant has met the requirements of T.C.A. § 55-50-311(b)(1) as follows:1. Intermediate Restricted Driver License or Intermediate Restricted Temporary Driver license applicants must: a. Have possessed a valid learner permit (Class PD or Class XPD) for at least 180 days;b. Be age sixteen (16) or older;c. Provide the Certification of 50 Hours Behind the Wheel Driving Experience signed by a parent, guardian or licensed driving instructor;d. Have less than 6 points on their driving record during the 180 days immediately preceding the application date;e. If licensed in another state prior to Tennessee application: i. Held a valid driver license (provisional, probationary, graduated or regular) in the other state for 90 days or more;ii. Held a valid driver license (provisional, probationary, graduated or regular) in the other state for less than 90 days and provide a certified driving record indicating a valid driving privilege for 180 days or more (combination of learner permit and driver license periods) without any accidents or traffic violations;iii. Held a learner permit in the other state for the required 180 day period and provide a certified driving record indicating no accidents or traffic violations;iv. Such driving record must be issued no more than 30 days prior to the Tennessee application date;v. If there are violations on the record the applicant will not qualify for the Intermediate Restricted until the record is sent to TDOS Driver Improvement to review for compliance with the points requirement in Tennessee.2. Intermediate Unrestricted Driver License or Intermediate Unrestricted Temporary Driver License applicants must: a. Have possessed a valid Intermediate Restricted Driver License or Intermediate Restricted Temporary Driver License (Class D or Class XD) for at least one (1) year;b. Be age seventeen (17) or older;c. Have a driving record that has: i. Less than six (6) points;ii. No at-fault traffic crash;iii. No 2nd seatbelt violations.d. Applicants who hold a learner permit or license from another state, regardless of duration, will not qualify for the Intermediate Unrestricted until they have held the Tennessee Intermediate Restricted for at least one (1) year.3. Applicants may qualify to obtain a regular driver license or temporary driver license (Class D or Class XD) if they:a. Are age eighteen (18) or older, or if they:b. Are age sixteen (16) or older and have:i. Graduated from High School, or;ii. Received their general equivalency diploma (GED), or;iii. Been emancipated by marriage, or;iv. Been emancipated by active duty military service, or;v. Been emancipated by court order.Tenn. Comp. R. & Regs. 1340-01-13-.13
Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. Public necessity rule filed September 24, 2007, effective through March 7, 2008. Public necessity rule filed September 24, 2007, expired March 8, 2008. Public necessity rule filed March 11, 2008, effective through August 23, 2008. Amendments filed December 3, 2007; effective April 29, 2008.Authority: T.C.A. §§ 49-6-3017, 55-30-311, 55-50-312, 55-50-331, 55-50-336, Public Chapter No. 194, 2007 and Public Acts of 2004; Chapter 778.