§ 55-50-312 — Licensing of minors

Tennessee § 55-50-312

• Jurisdiction: Tennessee
• Title: 55

Text

(a) (1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships. (2) As used in subdivision (a)(1), "stepfather," "stepmother," or "stepparent" means only that stepparent residing in the same household with the minor seeking the license. (3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement. (b) Any negligence or willful misconduct or violation of any motor vehicle law of this state or any municipality thereof by a minor under eighteen (18) years of age when driving a motor vehicle upon a highway or street shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages or fines occasioned by the negligence, willful misconduct, or violation, except as otherwise provided in subsection (c). (c) In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of the minor when signed by the spouse over eighteen (18) years of age, or one (1) parent, stepparent, grandparent or guardian of the minor, and while proof is maintained the spouse, parent, stepparent, grandparent or the guardian shall not be subject to the liability imposed under subsection (b). (d) Any person who has signed the application of a minor for a license may thereafter file with the department a notarized written request that the license of the minor so granted be cancelled. Thereupon, the department shall cancel the license of the minor, and upon cancellation by the department, the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle. (e) The department may issue to a minor who is at least fifteen (15) years of age a special restricted license or permit to operate a motorscooter or a motorized bicycle as defined in § 55-8-101 , upon compliance by the minor or persons acting in the minor's behalf with all of the other provisions of this chapter; provided, that the actual demonstration of ability to exercise ordinary and reasonable control, as provided in §§ 55-50-321 - 55-50-324, 55-50-331 - 55-50-338 and 55-50-352, is made on a motorscooter or a motorized bicycle; and provided further, that the license or permit issued in accordance with this section shall show upon its face a restriction to the use of a motorscooter or a motorized bicycle only, and any other restrictions that the department, upon good cause, deems necessary. (f) (1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner. (2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires. (g) The falsification of any information submitted under this section, either by the applicant or by the person signing any affidavit required under this section, shall result in the suspension of the license of the applicant and the license of the person signing the affidavit. (h) A person under eighteen (18) years of age in custody of the department of children's services shall not be charged a fee for issuance, renewal, or reinstatement of a driver license, instruction permit, intermediate driver license, or photo identification card. The application must be accompanied by evidence that the person is in such custody.

Legislative History

Amended by 2023 Tenn. Acts, ch. 100, s 16, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 468, s 1, eff. 1/1/2024. Amended by 2021 Tenn. Acts, ch. 137, s 1, eff. 1/1/2022. Amended by 2015 Tenn. Acts, ch. 330, s 1, eff. 4/28/2015. Acts 1937, ch. 90, § 3; C. Supp. 1950, § 2715.11 (Williams, § 2715.16); Acts 1955, ch. 114, § 2; 1957, ch. 199, §§ 1, 2; 1957, ch. 209, § 1; 1959, ch. 272, § 1; 1967, ch. 238, § 1; impl. am. Acts 1971, ch. 162, § 3; Acts 1972, ch. 467, § 1; 1974, ch. 444, §§ 1, 2; 1975, ch. 82, § 1; 1976, ch. 841, § 1; 1977, ch. 90, § 1; 1977, ch. 189, § 2; 1978, ch. 643, §§ 1, 2; 1979, ch. 247, §§ 5, 8; T.C.A. (orig. ed.), § 59-704; Acts 1986, ch. 804, § 7; 1987, ch. 446, § 11; 1988, ch. 584, § 4; T.C.A., §§55-7-104, 55-7-312; Acts 1995, ch. 272, § 1; 1996, ch. 802, §§ 1-3, 5; 2000, ch. 700, § 6; 2008 , ch. 1151, § 1.