§ 55-8-192 — Use of portable electronic device by school bus drivers

(a) No driver shall operate a school bus as defined by § 55-8-101 anywhere in this state while using a portable electronic device: (1) While the vehicle is in motion and while the vehicle is transporting one (1) or more children; or (2) When the vehicle is stopped for the purposes of loading or unloading one (1) or more children from the vehicle. (b) As used in this section, "portable electronic device" means any: (1) Mobile, cellular, analog, wireless, or digital telephone; (2) Personal digital assistant; (3) Hand-held device with mobile data access; (4) Laptop computer; (5) Pager; (6) Broadband personal communication device; (7) Two-way messaging device; (8) Electronic game; (9) Camera; (10) Portable computing device; (11) Global positioning system, if the driver is using at least one (1) hand to hold the device or to enter data into the device while the school bus is in motion; or (12) Electronic device used to input, write, send, receive, read, or view text or media for present or future communication. (c) This section shall not apply to: (1) Two-way radio communications, or any device used in a similar manner as two-way radio communications, made to and from a central dispatch, school transportation department, or its equivalent; (2) The use of a device capable of voice communication to report an emergency to the 911 system, a law enforcement agency, fire department, or emergency medical provider; or (3) The use of a portable electronic device for navigation of the school bus and for accurately accounting for students at bus pick-up and drop-off locations through use of the device's global positioning system if: (A) Neither of the driver's hands are used to hold the device or to enter data into the device while the school bus is in motion; (B) The device is mounted on the school bus's windshield, dashboard, or center console area in a manner that does not hinder the driver's view of the road; and (C) The driver views only data related to the navigation of the school bus and student information related to bus pick-up and drop-off locations. (d) A violation of this section is a Class A misdemeanor, punishable by a minimum period of confinement of not less than thirty (30) days; a minimum fine of not less than one thousand dollars ($1,000); and the court shall order that a person convicted of violating this section is permanently prohibited from operating a school bus as defined by § 55-8-101 in this state.

Legislative History

Amended by 2023 Tenn. Acts, ch. 210, s 1, eff. 7/1/2023. Amended by 2016 Tenn. Acts, ch. 1036, s 1, eff. 7/1/2016. Acts 2003 , ch. 180, § 1.