55-10-301 - Penalty for violations of chapters 8 and 9 and parts 1-5 of this chapter. - Tennessee Statutes

55-10-301. Penalty for violations of chapters 8 and 9 and parts 1-5 of this chapter.

(a)  Any person violating any of the provisions of chapters 8 and 9 of this title and parts 1-5 of this chapter where a penalty is not specifically prescribed commits a Class C misdemeanor.

(b)  (1)  Any person violating any of the provisions of chapters 8 and 9 of this title and parts 1-5 of this chapter may be required, at the discretion of the court, to attend a driver education course approved by the department of safety in addition to or in lieu of any portion of other penalty imposed; provided, that the course is approved by the department, it may be operated and conducted by a:

          (A)  County, municipality or other entity of local government;

          (B)  Nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3); or

          (C)  Private entity, provided the entity meets all of the requirements of § 40-35-302(g) for private entities providing misdemeanor probation supervision services.

     (2)  A reasonable fee between fifty dollars ($50.00) and one hundred seventy-five dollars ($175) may be assessed for the driver education or driver improvement course; provided, that no one shall be refused admittance for inability to pay. This fee shall apply only to driver improvement courses that may be required pursuant to this section, and shall not apply to any program offered pursuant to the provisions of title 49, chapter 1, or to any other driving instruction school.

     (3)  By operating a driver education or improvement course pursuant to the provisions of this subsection (b), the entity operating or conducting the course consents to the inspection of all records concerning the course by the department of safety; provided, that inspection made pursuant to this subdivision (b)(3) shall not preclude inspection of any records pursuant to any other provision of law.

     (4)  Each court clerk shall provide a list of approved entities in the county to any person ordered to attend a driver education or improvement course.

     (5)  Upon certification to the court clerk that a court ordered driver education or improvement course has been completed, the court clerk shall report the completion to the department of safety. The report shall be accomplished on the abstract of record of the court referenced in § 55-10-306.

(c)  Subsection (b) shall not apply to any person who holds a Class A, B, or C license and is charged with any violation, except a parking violation, in any type of motor vehicle.

(d)  Subsection (b) shall not apply to any person who holds any class of driver license and who is charged with any violation, except a parking violation, while operating a commercial motor vehicle.

[Acts 1931, ch. 82, § 16; 1937, ch. 245, § 6; C. Supp. 1950, § 2700.17 (Williams, § 2696); Acts 1955, ch. 329, § 103; 1971, ch. 234, § 1; 1975, ch. 162, § 1; T.C.A. (orig. ed.), § 59-1023; Acts 1981, ch. 91, §§ 1, 2; 1989, ch. 591, § 113; 1990, ch. 869, § 1; 1995, ch. 178, § 1; 2001, ch. 186, § 1; 2005, ch. 235, § 1; 2008, ch. 1181, § 1; 2009, ch. 321, § 1.]