Tennessee § 49-6-2107 - Certification of drivers and equipment.

§ 49-6-2107. Certification of drivers and equipment.

No person shall be authorized to drive a school bus in this state unless the person possesses a certificate issued by the county board of education. The county board of education is authorized to adopt rules and regulations prescribing the qualifications of school bus drivers in the interest of the safety and health of school pupils. No person shall be issued a certificate until an investigation has been made to determine whether or not the person has been found guilty of any criminal offense and until the criminal records are made a part of the person's permanent file. In the event it should develop that school bus drivers and school bus equipment cannot be obtained in conformity with all of this part, the state board of education shall be authorized to issue temporary certificates to school bus drivers and to permit the use of equipment on a temporary basis that does not meet the requirements of this part, to the end that school transportation may be provided to all the children of this state at all times and through any emergency that might develop. Notwithstanding any other law or rules and regulations adopted pursuant to subsection (b) to the contrary, no person shall be issued a certificate to drive a school bus in this state who, within five (5) years of the person's request for a certificate, has been convicted in this state, or in any other jurisdiction pursuant to a law prohibiting the same conduct, of a violation of any of the following: Driving under the influence of an intoxicant as prohibited by § 55-10-401; Vehicular assault as prohibited by § 39-13-106; Vehicular homicide as prohibited by § 39-13-213(a)(2); Aggravated vehicular homicide as prohibited by § 39-13-218; Manufacture, delivery, sale or possession of a controlled substance as prohibited by § 39-17-417; or Manufacture, delivery, sale or possession of a controlled substance analogue as prohibited by § 39-17-454. If the request for a certificate to drive a school bus in this state occurs five (5) years or more after the date of any such conviction, the board of education, in its discretion, may issue the person a certificate. Each local education agency (LEA) that provides transportation services shall submit to the department of safety the names of persons authorized to drive a school bus. The department of safety shall maintain a database of all those persons authorized to drive a school bus and notify the appropriate LEA if the driver license or driving privileges of a listed person have been suspended or revoked. Upon receiving the notification, the LEA shall suspend or revoke the person's authorization to drive a school bus and inform the person of the suspension or revocation. Any person authorized to drive a school bus shall notify the LEA if the person's driver license or driving privileges have been suspended or revoked. If the person's driver license or driving privileges have been reinstated and the person meets the other requirements set out by the LEA, the person may request new authorization to drive a school bus. As used in this subsection (f), “local education agency” has the same meaning as defined in § 49-1-103. Prior to transporting students, new school bus drivers shall complete a school bus driver training program based on standards established by the departments of education and safety. Such standards shall, at a minimum, address student management, distracted driving, school and district policy, driving techniques, evacuations, loading and unloading, mirror usage, and state and federal law regarding the use and driving of a school bus. Acts 1947, ch. 92, §§ 7, 15; C. Supp. 1950, §§ 2495.7, 2495.15 (Williams, §§ 2495.8, 2495.16); Acts 1974, ch. 653, § 1; T.C.A. (orig. ed.), §§ 49-2206, 49-2207; Acts 2002, ch. 820, § 1; 2012, ch. 848, § 40; 2016, ch. 1008, § 1; 2017, ch. 289, § 2. Compiler's Notes. Acts 2002, ch. 820, § 3 provided that the act, which added subsection (e), shall apply to any public school, private school or church related school issuing a certificate to drive a school bus or employing or permitting a person to drive a school bus on or after July 1, 2002.