Tenn. Comp. R. & Regs. 1340 — Safety and Homeland Security

Chapter 1340-01-01 Repealed

Tenn. Comp. R. & Regs. 1340-01-01-.01 REPEALED

History

Authority: T.C.A. § 4-3-2009; T.C.A. Title 4, Chapter 4; and T.C.A. Title 59, Chapters 7 and 12 to implement § 59-730.
Administrative History: Original rule filed June 12, 1974; effective July 12, 1974. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-01-.04 REPEALED

History

Authority: T.C.A. § 4-3-2009; T.C.A. Title 4, Chapter 4; and T.C.A. Title 59, Chapters 7 and 12 to implement § 59-730.
Administrative History: Original rule filed June 12, 1974; effective July 12, 1974. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-01-.02 REPEALED

History

Authority: T.C.A. § 4-3-2009; T.C.A. Title 4, Chapter 4; and T.C.A. Title 59, Chapters 7 and 12 to implement § 59-730.
Administrative History: Original rule filed June 12, 1974; effective July 12, 1974. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-01-.03 REPEALED

History

Authority: T.C.A. § 4-3-2009; T.C.A. Title 4, Chapter 4; and T.C.A. Title 59, Chapters 7 and 12 to implement § 59-730.
Administrative History: Original rule filed June 12, 1974; effective July 12, 1974. Repeal filed October 30, 2023; effective January 28, 2024.

Chapter 1340-01-02 Repealed

Tenn. Comp. R. & Regs. 1340-01-02 Repealed

RULES

OF TENNESSEE DEPARTMENT OF SAFETY

HIGHWAY PATROL DIVISION -- 1 of 1 --

Chapter 1340-01-03 Repealed

Tenn. Comp. R. & Regs. 1340-01-03 Repealed

RULES

OF TENNESSEE DEPARTMENT OF SAFETY

HIGHWAY PATROL DIVISION -- 1 of 1 --

Chapter 1340-01-04 Tennessee Driver Improvement Program

Tenn. Comp. R. & Regs. 1340-01-04-.01 PURPOSE

(1) To establish a uniform system for conducting a Driver Improvement Program whereby the Department is authorized to evaluate driver records based on accidents and/or convictions for moving traffic violations and to establish and assign point values according to the seriousness of the accidents or convictions for moving traffic violations, and whereby a driver may, after notice and the opportunity for a hearing to contest the records of the Department of Safety, be required to enter into a rehabilitation procedure and/or have the driver’s driving privileges suspended when the records of the Department indicate that the driver has contributed to the occurrence of accidents and/or has been convicted of moving traffic violations and has accumulated sufficient points, or when the Department has reason to believe that the driver is unable to safely operate a motor vehicle due to physical or mental disability.

History

Authority: T.C.A. §§ 4-5-202 and 55-50-505.
Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Repeal and new rule filed April 18, 2005; effective August 26, 2005. Repeal and new rule filed March 11, 2008; effective July 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-04-.02 ASSIGNMENT OF POINT SYSTEM NUMERICAL VALUE

(1) The Department of Safety’s driver point system is designed to identify those drivers whose records reflect a continuous disrespect for traffic laws, and a disregard for the safety of other persons on the highways.

(2) To administer this program, a point value will be assessed for each accident and moving violation conviction.

(3) Upon receipt of a moving traffic conviction notice from any court or the receipt by the Department of a traffic crash report indicating a driver contributed to the occurrence of the crash, the Department shall charge points to the driver’s record as set out herein.

Convictions of moving traffic violations which occurred more than two (2) years prior to the Department’s receipt of such report or notice shall not be used within the Driver Improvement Program.

History

Authority: T.C.A. § 55-50-505.
Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendment filed April 18, 2005; effective August 26, 2005.

Tenn. Comp. R. & Regs. 1340-01-04-.03 SCHEDULE OF POINTS

(1) Definitions. As used in this Chapter 1340-01-04, unless the context otherwise requires:

(a) "Commercial Motor Vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds;
Is designed to transport more than fifteen (15) passengers, including the driver; or 3. Is of any size and is used in the transportation of hazardous materials, as defined in this section.
The following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this Chapter:

(i) Vehicles that are controlled and operated by a farmer or nursery worker that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier and are used within one hundred fifty (150) miles of the person's farm or nursery;

(ii) Vehicles designed and used solely as emergency vehicles that are necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation. This exemption shall apply to vehicles operated by paid or non-paid personnel;

(iii) Vehicles operated for military purposes by active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on

part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians;

(iv) Vehicles designed and used primarily as recreational vehicles (i.e., vehicles primarily designed as temporary living quarters for recreational camping or travel);

(v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes.

(b) "Commercial Motor Vehicle Hauling Hazardous Materials" means a Commercial Motor vehicle carrying any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R. § 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. § 73.

(c) “Non-Commercial Motor Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks that is not considered a Commercial Motor Vehicle.

(2) Moving Traffic Violations - Points for Non-Commercial Motor Vehicles (a) Speeding – non-commercial motor vehicle T.C.A. § 55-8-152 1. Tickets and court abstracts where speed not indicated 3 2. Speeding 1 through 5 m.p.h. in excess of speed zone 1 3. Speeding 6 through 15 m.p.h. in excess of speed zone 3 4. Speeding 16 through 25 m.p.h. in excess of speed zone 4 5. Speeding 26 through 35 m.p.h. in excess of speed zone 5 6. Speeding 36 through 45 m.p.h. in excess of speed zone 6 7. Speeding 46 and above in excess of speed zone 8 8. Speed less than posted minimum 3 T.C.A. § 55-8-154 (b) Speeding in construction zone – non-commercial motor vehicle T.C.A. § 55-8-153 1. Tickets and court abstracts where speed not indicated 4 2. Speeding 1 through 5 m.p.h. in excess of posted speed 2 3. Speeding 6 through 15 m.p.h. in excess of posted speed 4 4. Speeding 16 through 25 m.p.h. in excess of posted speed 5 5. Speeding 26 through 35 m.p.h. in excess of posted speed 6 6. Speeding 36 m.p.h. and above in excess of posted speed 8 (c) Driving too fast for conditions, failure to reduce speed to avoid an accident 3 T.C.A. § 55-8-152 (d) Operating at erratic or suddenly changing speeds 3 T. C.A. § 55-8-152 (e) Reckless endangerment by vehicle – misdemeanor 8 T.C.A. § 39-13-103 (f) Reckless driving 6 T.C.A. § 55-10-205 (g) Careless or negligent driving 4 T.C.A. § 55-8-136 (h) Failure to obey traffic instructions 4 T.C.A. § 55-8-109 (i) Improper passing 4 T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121 (j) Wrong way, side or direction 4 T.C.A. § 55-8-120 (k) Following improperly 3 T.C.A. § 55-8-124 (l) Following emergency vehicles unlawfully 3 T.C.A. § 55-8-132 (m) Failure to yield the right-of-way 4 T.C.A. §§ 55-8-128 & 55-8-197 (n) Failure to yield right of way to emergency vehicles; Failure to change lane/slow 6 down for authorized vehicles on roadside T.C.A. § 55-8-132 (o) Making improper turn 3 T.C.A. §§ 55-8-140, 55-8-141 & 55-8-142 (p) Failure to signal direction or to reduce speed suddenly 3 T.C.A. § 55-8-142 (q) Stopping, standing, obstructing, or blocking traffic 3 T.C.A. §§ 55-8-158, 55-8-159, 55-8-159 & 55-8-160 (r) Coasting; operating gears disengaged 3 T.C.A. § 55-8-167 (s) Improper backing 3 T.C.A. § 55-8-163 (t) Improper starting, burning rubber, spinning tires, peeling out 3 T.C.A. § 55-8-136(b)

(u) Driver view or mechanism obstructed 3 T.C.A. § 55-8-165 (v) Driving mountain highway – control/audible warning 3 T.C.A. § 55-8-166 (w) Inability to maintain control of vehicle 3 T.C.A. § 55-8-136(b)

(x) Improper operation of or riding on a motorcycle 3 T.C.A. § 55-8-164 (y) Improper lane or location, driving on roadways laned for traffic 3 T.C.A. § 55-8-123 (z) Use of controlled access roadway 4 T.C.A. §§ 55-8-126 & 55-8-127 (aa) Inattentive driving, due care, failure to drive in careful manner, unsafe lookout, 3 improper driving T.C.A. § 55-8-136 (bb) Miscellaneous traffic violation; any offense involving the unsafe operation of a 3 Non-Commercial Motor Vehicle not herein specified (cc) Cross private property to avoid stop sign or signal 4 T.C.A. § 55-8-109 (dd) Operating vehicle while using cell phone (under 18) 6 T.C.A. § 55-50-311 (ee) Passing stopped school, church or youth bus taking on or discharging 8 passengers T.C.A. § 55-8-151 (ff) Violation of driver license restrictions; operating contrary to conditions 6 specified on driver license T.C.A. §§ 55-50-311 & 55-50-331(f)

(gg) Failure to stop at railroad crossing 8 T.C.A. §§ 55-8-145, 55-8-146 & 55-8-147 (hh) Leaving scene of a crash (no revocation action) 5 T.C.A. §§ 55-10-101 & 55-10-102 (ii) Failure to report a crash 4 T.C.A. § 55-10-111 (jj) Operating without driver license in possession 2 T.C.A. § 55-50-351 (kk) Operating without being licensed or without license required for type of 3 vehicle operated T.C.A. §§ 55-50-302 & 55-50-331 (ll) Operating while driver license required for type of vehicle operated is under 8 suspension, revocation or cancellation T.C.A. § 55-50-504 (mm) Fleeing law enforcement officer (Misdemeanor) 8 T.C.A. § 39-16-602 (nn) Child endangerment (Misdemeanor) 8 T.C.A. § 55-10-403 (3) Contributing to occurrence of a Crash (both Commercial Motor Vehicle & Non-Commercial Motor Vehicle)

T.C.A. §§ 55-10-101 & 55-10-102

(a) Contributing to a crash involving property damage 3 (including crashes occurring on private property or in government vehicle)

(b) Contributing to a crash resulting in bodily injury 4 (including crashes occurring on private property or in government vehicle)

(c) Contributing to a crash resulting in another’s death 8 (including crashes occurring on private property or in government vehicle)

(4) Moving Traffic Violations - Points for Commercial Motor Vehicles (a) Speeding in a Commercial Motor Vehicle:

T.C.A. § 55-8-152

Tickets and court abstracts where speed not indicated 4 2. Speeding, 1-5 m.p.h. in excess of posted speed zone 2 3. Speeding, 6-14 m.p.h. in excess of posted speed zone 4 4. Excessive speeding where speed not indicated 6 5. Excessive speeding, 15-25 m.p.h. in excess of posted speed zone 5 6. Excessive speeding, 26-35 m.p.h. in excess of posted speed zone 6 7. Excessive speeding, 36 m.p.h. and above in excess of posted speed 7 zone 8. Speed less than posted minimum 4 T.C.A. § 55-8-154 (b) Speeding in a Commercial Motor Vehicle in a construction zone:

T.C.A. § 55-8-153

Tickets and abstracts where speed not indicated 5 2. Speeding, 1-5 m.p.h. in excess of posted speed zone 3 3. Speeding, 6-14 m.p.h. in excess of posted speed zone 5 4. Speeding, 15-25 m.p.h. in excess of posted speed zone 5 5. Speeding, 26-35 m.p.h. in excess of posted speed zone 6 6. Speeding, 36 m.p.h. and above in excess of posted speed zone 7 (c) Reckless driving 7 T.C.A. § 55-10-205 (d) Careless or negligent driving 5 T.C.A. § 55-8-136 (e) Improper passing 4 T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121 (f) Improper or erratic lane change 5 T.C.A. § 55-8-123 (g) Following Improperly 4 T.C.A. § 55-8-124 (h) Failure to obey traffic instructions 4 T.C.A. § 55-8-109 (i) Wrong way, side or direction 4 T.C.A. § 55-8-120 (j) Failure to yield right of way 4 T.C.A. §§ 55-8-128 & 55-8-197 (k) Making improper turn 4 T.C.A. §§ 55-8-140, 55-8-141, & 55-8-142 (l) Failure to signal direction 3 T.C.A. § 55-8-142 (m) Passing stopped school, church or youth bus taking on or discharging 8 passengers T.C.A. § 55-8-151 (n) Miscellaneous traffic violations; any offense involving the unsafe operation of a 3 commercial motor vehicle not herein specified (o) Following emergency vehicle unlawfully 3 T.C.A. § 55-8-132 (p) Failure to yield to emergency vehicles 6 T.C.A. § 55-8-132 (q) Operating improperly due to drowsiness 5 49 C.F.R. § 1327 & 49 C.F.R. § 392.3; T.C.A. §§ 55-8-136 & 55-50-202 (r) Violation of truck lane restriction 3 T.C.A. § 55-8-195 (s) Driving Commercial Motor Vehicle without obtaining a Commercial Driver 8 License 49 C.F.R. § 383.23; T.C.A. §§ 55-50-302 & 55-50-202 (t) Driving Commercial Motor Vehicle without a current Commercial Driver 3 License on person 49 C.F.R. § 383.23 & 49 C.F.R. § 383.41; T.C.A. §§ 55-50-351, 55-50-404, 55-50-413 & 55-50-202 (u) Driving Commercial Motor Vehicle without proper endorsement or class 6 of Commercial Driver License 49 C.F.R. § 383.23 & 49 C.F.R. § 383.91; T.C.A. §§ 55-50-302, 55-50-404 & 55-50-202 (v) Conviction driving while disqualified or while canceled 8 49 C.F.R. § 383.23 & 49 C.F.R. § 383.91; T.C.A. §§ 55-50-504 & 55-50-202 (5) Moving Traffic Violations - Points for Commercial Motor Vehicles Hauling Hazardous Material (a) Speeding in a Commercial Motor Vehicle Hauling Hazardous Material T.C.A. § 55-8-152 1. Tickets and abstracts where speed not indicated 5 2. Speeding 1-5 m.p.h. in excess of posted speed zone 3 3. Speeding 6-14 m.p.h. in excess of posted speed zone 5 4. Speeding, 15-25 m.p.h. in excess of posted speed zone 5 5. Speeding, 26-35 m.p.h. in excess of posted speed zone 6 6. Speeding, 36 m.p.h. and above in excess of posted speed zone 7 7. Speed less than posted minimum 5 T.C.A. § 55-8-154 (b) Reckless driving 8 T.C.A. § 55-10-205 (c) Improper passing 5 T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121 (d) Improper or erratic lane change 6 T.C.A. § 55-8-123 (e) Following Improperly 5 T.C.A. § 55-8-124 (f) Careless or negligent driving 6 T.C.A. § 55-8-136 (g) Failure to obey traffic instructions 5 T.C.A. § 55-8-109 (h) Wrong way, side or direction 5 T. C.A. § 55-8-120 (i) Failure to yield right of way 5 T.C.A. § 55-8-128 & 55-8-197 (j) Making improper turn 5 T.C.A. §§ 55-8-140, 55-8-141 & 55-8-142 (k) Failure to signal direction or reduce speed 4 T.C.A. § 55-8-142 (l) Passing stopped school, church or youth bus taking or discharging passengers 8 T.C.A. § 55-8-151 (m) Following emergency vehicle unlawfully 3 T.C.A. § 55-8-132 (n) Miscellaneous traffic violations; any offense involving the unsafe operation of a 4 commercial motor vehicle hauling hazardous material not herein specified (o) Conviction of driving while disqualified or cancelled 8 T.C.A. § 55-50-504

History

Authority: T.C.A. §§ 4-5-202, 39-13-103, 39-16-602, 55-8-101 et seq., 55-10-205, 55-50-102, 55-50-202, 55-50-301 et seq., 55-50-401 et seq., and 55-50-504; 49 C.F.R. § 383, 49 C.F.R. § 392, 49 C.F.R. § 397 and 49 C.F.R. § 1327.
Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Amendments filed March 11, 2008; effective July 29, 2008. Repeal and new rule filed March 26, 2014; effective August 29, 2014.

Tenn. Comp. R. & Regs. 1340-01-04-.04 REVOCATION OR SUSPENSION OF DRIVER LICENSE OR TEMPORARY DRIVER

LICENSE FOR MOVING VIOLATION CONVICTIONS OR CONTRIBUTING TO THE OCCURRENCE OF

A TRAFFIC CRASH.

(1) (Paragraphs 1-8 of this Rule shall apply only to drivers who are eighteen (18) years of age or older on the event date of the crash or violation.) An advisory letter shall be mailed to each driver who accumulates six (6) or more, but fewer than twelve (12) points within a one (1) year period. The letter shall inform the driver of the point system and advise the driver of the points that the driver has accumulated and the consequences of accumulating more points.

A driver shall receive only one (1) advisory letter of caution within a five (5) year period.

(2) When a driver has accumulated twelve (12) or more points within a one (1) year period, the Department shall issue a notice of proposed suspension stating the grounds for such suspension and that the driver shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice.

(3) Proposed suspension action may also be initiated toward those drivers who are deemed to be accident prone. A driver is deemed to be accident prone when a periodic review of his or her driving record reveals three (3) or more avoidable accidents within a one (1) year period. The determination of whether an accident is avoidable or unavoidable rests with the Department.

(4) Failure to attend a hearing pursuant to this chapter shall result in a six (6) month suspension unless the driver is currently undergoing, or has previously undergone within a five (5) year period, Driver Improvement Program suspension action, in which case the suspension period shall be for twelve (12) months.

(5) When a driver offers valid proof that an error in record keeping has occurred, and when the correction of this error would lower his or her point accumulation to less than twelve (12), then the suspension action shall be withdrawn. When a driver requesting a hearing fails to establish proof that an error in the record keeping has occurred, then the suspension action shall stand.

(6) Calculation of points - Each time a crash or violation is posted to the driver’s record, the computer shall scan back for a period of twenty-four (24) months from the posted date to determine whether the driver has accumulated twelve (12) or more points within a twelve (12) month period to warrant a proposed suspension notice.

(a) Any crash or violation with an event date prior to the date of the completion of the defensive driving course shall be posted as points toward the twelve (12) points calculated as set forth in paragraph (6).

(b) Any crash or violation with an event date subsequent to the date of completion of the defensive driving course shall be calculated as a violation of probation and may be grounds for revocation of probation.

(7) First Offenders (a) Any driver not suspended entering the Driver Improvement Program who has not been involved in the program within a five (5) year period shall be treated as a first offender.

(b) A notice of proposed suspension shall be issued to first offender drivers who accumulate between twelve (12) and twenty (20) points within a twelve (12) month period as calculated pursuant to Paragraph (6). The twelve (12) month period shall be calculated retroactively from the date each crash or violation is posted in accordance with Paragraph (6). The notice shall advise the driver that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program; that the driver shall be required to appear at an administrative hearing to contest the proposed suspension of six (6) months; and that the driver is eligible as a first offender to elect to waive the right to a hearing and may be assigned directly into a defensive driving course in lieu of suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice.

(c) Drivers entering the Driver Improvement Program for the first time with more than twelve (12) accumulated points, but fewer than twenty-one (21) points, who choose to be assigned directly into a defensive driving course in lieu of a six (6) month suspension will expressly waive their right to an administrative hearing by making this selection.

They shall be notified in writing of their options and the consequences of choosing to be assigned directly into a defensive driving course. They shall also be notified in writing of the location, address and telephone number of approved defensive driving courses, and instructions for compliance.

(d) First offender drivers who accumulate more than twenty (20) points within a twelve (12) month period shall not be offered the option to waive their right to an administrative hearing and to be assigned directly into a defensive driving course. The notice shall advise the driver that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver may be suspended for a period of either six (6) or twelve (12) months, depending on the driver’s driving record. The notice shall also provide the driver with written notice of the right to request an administrative hearing. The driver’s written request for a hearing must be received within thirty (30) days from the date of the notice. Upon receipt of a timely request for a hearing, the Department shall provide the driver a hearing before a hearing officer.

(e) Following completion of the defensive driving course and notification to the Department of such completion, the driver shall be placed on probation for a period of twelve (12) months.

(f) A driver has ninety (90) days from the date of the letter assigning the driver to attend a defensive driving course or ninety (90) days from the date of the driver’s hearing to attend a defensive driving course. Failure to complete an assigned defensive driving course shall result in the suspension of the driver license or temporary driver license for six (6) months. A driver may request an extension of time to attend the defensive driving course, provided that the request shall be made in writing at least ten (10) days before the expiration of the ninety (90) day period to attend a defensive driving course.

The Department may grant an extension of time to attend the defensive driving course if the driver shows good cause. Good cause for and the length of such extension shall be determined by the Department. The Department shall notify the driver in writing of its decision.

(g) If no certificate of completion has been received by the Department within seventy-five (75) days from the date of being assigned to attend a defensive driving course, a warning letter shall be issued to the driver advising that the driver was assigned to complete the defensive driving course to avoid suspension of driving privileges, that no proof of completion has been received, and that failure to comply immediately shall result in the suspension of driving privileges for six (6) months.

(h) Violation of Probation—The first crash or violation with an event date as determined in paragraph (6) posted to the record of a driver on probation may not trigger any departmental action for violation of probation and a warning letter may be sent to the driver that advises the driver that a crash or violation has been posted to the record of the driver during the probationary period and any further crash or violation within the probationary period shall be a violation of probation. If a second crash or violation with an event date as determined in paragraph (6) is posted to the record of a driver on probation, the notice shall advise the driver that a crash or violation has been posted to the driver’s record and the driver may be suspended for a period of either six (6) or twelve (12) months, depending on the driver’s driving record. The notice shall also provide the driver with written notice of the right to request an administrative hearing.

The driver’s written request for a hearing must be received within thirty (30) days from the date of the notice and state why the proposed action should not occur. Upon receipt of a timely request for a hearing, the Department shall provide the driver a hearing before a hearing officer.

(i) At the discretion of the Department, a driver under Driver Improvement Program suspension may be issued a restricted driver license or temporary driver license. The Department may place conditions on the driver license or temporary driver license as the Department may determine to be appropriate to ensure the safe operation of a motor vehicle by the driver. To obtain a restricted driver license or temporary driver license, the driver must complete an application, furnish proof of SR22, pay the restricted driver license or temporary driver license fee and pass the driver examination.

A driver may be issued only one (1) restricted driver license or temporary driver license in a five (5) year period.

(j) Administrative Probation - For good cause or in extreme circumstances (to be determined by the Department), the Department may place a first offender driver on administrative probation in lieu of suspension. In this event, no suspension of the driver license or temporary driver license shall occur, the probationary period shall be for twelve (12) months, and the driver shall carry all posted points during this time. Good cause or extreme circumstances may include, but not be limited to, drivers temporarily out of the state or country due to the military, employment or education or serious illness.

(k) Violation of administrative probation shall follow the same procedure as violation of probation subsequent to the completion of a defensive driving school. Placement on administrative probation is a substitute for completion of a defensive driving course and a driver who violates administrative probation shall not be eligible to attend a defensive driving course.

(8) Second or Subsequent Offenders (a) A notice of proposed suspension shall be sent to second or subsequent offender drivers who accumulate twelve (12) or more points within a twelve (12) month period as calculated pursuant to Paragraph (6). The notice shall advise the driver that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver may be suspended for a period of either six (6) or twelve (12) months, depending on the driver’s driving record. The notice shall also provide the driver with written notice of the right to request an administrative hearing. The driver’s written request for a hearing must be received within thirty (30) days from the date of the notice and state why the proposed action should not occur. Upon receipt of a timely request for a hearing, the Department shall provide the driver a hearing before a hearing officer.

(b) Drivers who accumulate twelve (12) or more points within a twelve (12) month period and who have attended a defensive driving course in lieu of suspension within the previous five (5) year period shall have their driver license or certificate for driving suspended for a period of six (6) months.

(c) A driver entering the Driver Improvement Program for a second or subsequent time who has previously attended a defensive driving course in lieu of suspension within the previous five (5) year period, and who is currently undergoing, or has previously undergone within the five (5) year period, Driver Improvement Program suspension of a driver license or temporary driver license, shall have driving privileges suspended for twelve (12) months.

(d) A driver entering the Driver Improvement Program for a second or subsequent time, but who has not attended a defensive driving course previously within the five (5) year period may be offered the option to attend a defensive driving course in lieu of suspension of driving privileges.

(e) An eligible driver who elects to attend a defensive driving course in lieu of suspension shall be given ninety (90) days from the date of the letter assigning them to attend a course, or ninety (90) days from the date of their hearing to complete a defensive driving course.

(f) Failure to complete an assigned defensive driving course shall result in the suspension of the driver license or temporary driver license for six (6) or twelve (12) months, depending on whether the driver has previously attended a defensive driving course. A driver may request an extension of time to attend the defensive driving course, provided that the request shall be made in writing at least ten (10) days before the expiration of the ninety (90) day period to attend a defensive driving course. The Department may grant an extension of time to attend the defensive driving course if the driver shows good cause. Good cause for and the length of such extension shall be determined by the Department. The Department shall notify the driver in writing of its decision.

(9) A hearing officer shall hold the administrative hearing. The hearing officer will explain the Driver Improvement Program, review the driver’s driving record, and advise the driver of the options, e.g., whether the driver is eligible to attend a defensive driving course in lieu of suspension of driving privileges.

(10) In any administrative hearing pursuant to T.C.A. §§ 55-12-105, 55-12-129, 55-50-502 or 55- 50-505, when any driver who fails to appear at the hearing after receiving proper notice, such driver shall be defaulted. Upon default by a party, the hearing officer may enter either an initial default order or an order for an uncontested proceeding. The driver’s case shall be dismissed and the driver’s driver license or temporary driver license shall be revoked or suspended pursuant to the applicable statute. A default order must be in writing, with reasons given and appeal rights stated.

(11) Any driver whose driver license or temporary driver license is suspended under the Driver Improvement Program by the hearing officer is eligible to appeal the suspension through the appeals process contained in the Uniform Administrative Procedures Act (T.C.A. §4-5-101 et seq.).

(12) Reinstatement (a) Provided there is no other revocation, suspension, or cancellation action in effect, a driver will be eligible to regain driving privileges once the driver has served the period of suspension, paid a restoration fee, and filed the required proof of financial responsibility.

(b) A suspended driver who fails to attend the assigned defensive driving course may be permitted to reinstate driving privileges prior to the eligibility date upon furnishing proof to the Department of attendance and completion of a Department approved defensive driving course. A list of all Department approved defensive driving courses shall be provided to the driver. The driver shall be required to comply with all reinstatement requirements provided for in these rules. Upon furnishing documentation of completion of the defensive driving course, the driver shall be placed on probation for twelve (12) months and all conditions of probation shall apply.

(13) Drivers less than eighteen (18) years of age on the event date of any crash or violation:

(a) Each time a crash or violation is posted to the driver’s record, the computer shall scan back for a period of twenty-four (24) months from the posted date to determine whether the driver has accumulated sufficient points within a twelve (12) month period to warrant a warning letter or a proposed suspension notice.

Any crash or violation with an event date prior to the date of the completion of the defensive driving course shall be posted as points calculated as set forth in subparagraph (a).

(b) Any driver who has accumulated fewer than six (6) points for any crash or violation shall receive a warning letter from the Department, with a copy sent to the driver’s parent/guardian. The letter shall inform the driver of the point system and advise the driver of the points that the driver has accumulated and the consequences of accumulating more points.

(c) A notice of proposed suspension shall be sent to any first offender driver who has accumulated from six (6) to nine (9) points within a twelve (12) month period as calculated pursuant to subparagraph (a). The notice shall advise the driver and the driver’s parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver’s parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the hearing officer may suspend the driver license or temporary driver license for a period of three (3) to six (6) months and/or require the driver to attend a defensive driving course before such driver shall be eligible to reinstate such driver license or temporary driver license. However, if a driver fails to appear for a hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of six (6) months and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license.

(d) A notice of proposed suspension shall be sent to first offender drivers who accumulate ten (10) or more points within a twelve (12) month period as calculated pursuant to subparagraph (a). The twelve (12) month period shall be calculated retroactively from the date each crash or violation posted in accordance with subparagraph (a). The notice shall advise the driver and the driver’s parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver’s parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension.

The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the driver license or temporary driver license shall be suspended for a period of either three (3) or six (6) months, depending on the driver’s driving record, and such driver shall be required to attend a defensive driving course before such driver shall be eligible to reinstate such driver license or temporary driver license. However, if a driver fails to appear for the scheduled hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of six (6) months and the driver shall be required to attend a defensive driving course before such driver shall be eligible to reinstate the driver license or temporary driver license.

(e) A notice of proposed suspension shall be sent to second or subsequent offender drivers who accumulate six (6) or more points within a twelve (12) month period as calculated pursuant to subparagraph (a), with a copy of the notice sent to the driver’s parent/guardian. The notice shall advise the driver and the driver’s parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver’s parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the driver license or temporary driver license shall be suspended for a period of either six (6) or twelve (12) months, depending on the driver’s driving record, and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license. However, if the driver fails to appear for a hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of twelve (12) months and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license.

(f) A driver has ninety (90) days from the date of the letter/order assigning the driver to attend a defensive driving course or ninety (90) days from the date of the driver’s hearing to attend a defensive driving course. Failure to complete an assigned defensive driving course shall result in the suspension of the driver license or temporary driver license for six (6) or twelve (12) months, depending on whether the driver has previously attended a defensive driving course. A driver may request an extension of time to attend the defensive driving course, provided that the request shall be made in writing at least ten (10) days before the expiration of the ninety (90) day period to attend a defensive driving course. The Department may grant an extension of time to attend the defensive driving course if the driver shows good cause. Good cause for and the length of such extension shall be determined by the Department. The Department shall notify the driver in writing of its decision.

(h) At the discretion of the Department, a driver under Driver Improvement Program suspension pursuant to paragraph (13) of this Rule may be issued a restricted driver license or temporary driver license upon attaining the age of eighteen (18). The Department may place conditions on the driver license or temporary driver license as the Department may determine to be appropriate to ensure the safe operation of a motor vehicle by the driver. To obtain a restricted driver license or temporary driver license, the driver must complete an application, furnish proof of financial responsibility, and pay the restricted driver license or temporary driver license fee.

(i) There shall be no limit to the number of times that the Department may require a driver to attend a defensive driving course.

(j) Administrative Probation - For good cause or in extreme circumstances (to be determined by the Department), the Department may place a first offender juvenile driver on administrative probation in lieu of suspension. In this event, no suspension of the driver license or temporary driver license shall occur, the probationary period shall be for twelve (12) months or until the driver attains the age of eighteen (18), and the driver shall carry all posted points during this time. Good cause or extreme circumstances may include, but not be limited to, drivers temporarily out of the state or country due to the military, employment or education or serious illness.

History

Authority: T.C.A. §§ 4-5-202, 55-50-505, 55-50-331 and Public Chapter No. 194 (2007).
Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Amendments filed March 11, 2008; effective July 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-04-.05 DEFENSIVE DRIVING/ACCIDENT PREVENTION COURSES

(1) Defensive Driving Course Provider Requirements:

(a) A current State or County business license.

(b) Must be at least twenty-one (21) years of age, a high school graduate or passed the GED, have and maintain a valid driver license that has not been revoked, suspended or cancelled for any reason in the three (3) years preceding the date of application and no conviction for a felony or any crime involving violence, dishonesty, deceit, fraud, or indecency, and not an employee of the Department.

(c) Submit an Application supplied by the Department, along with a certified check or money order in the amount of one hundred fifty dollars ($150.00) for the application fee, to the Department’s Driver Improvement Unit.

(d) Be insured in the amount(s) set forth herein.

(e) Provide an eight (8) hour defensive driving class.

(f) Issue a certificate of completion on a form supplied by the Department to each student who has successfully completed the defensive driving course. Such certificate shall have thereon the student’s full name, driver license number, date of birth, course name, hours completed and the defensive driving course Provider’s name and address.

(g) Comply with or exceed the minimum standards set forth herein.

(h) Only use instructors who meet the qualifications set forth herein.

(i) Maintain the following records for a period of three (3) years and ensure that such records are available for inspection by the Department during business hours:

A roster of each class, listing the course name, location, instructor’s full name, student names, driver license numbers and date of birth.
A receipt for each student stating the student’s full name, driver license number and amount paid.
A list of students who have successfully completed the defensive driving course, with each student’s full name, driver license number, date of birth, course name and class location.
Course material, which shall include the most recent material to teach crash prevention, safety and defensive driving.
Any other records that may be required by the Department.

(j) Ensure compliance with all Department rules and regulations.

(k) Immediately notify the Department by mail, facsimile or electronic transmission of any change(s) in information on the application or any change in ownership or instructors.

(l) Be open for periodic (with or without notice) on-site inspection by the Department.

(m) Have a minimum of one (1) instructor per fifty (50) students during classroom instruction, with a maximum of fifty (50) students in any class.

(n) Shall not hire any person as an instructor or otherwise who is an employee of the Department.

(o) Comply with the requirements of the Americans with Disabilities Act of 1990.

(2) Defensive Driver Course Instructor Requirements:

(a) Must be at least twenty-one (21) years of age, high school graduate or passed the GED, have and maintain a valid driver license that has not been revoked, suspended or cancelled for any reason in the three (3) years preceding the date of hire, no conviction for a felony or any crime involving violence, dishonesty, deceit, fraud, or indecency and not an employee of the Department.

(b) As of July 1, 2005, shall have attended and successfully completed a Defensive Drivers Instructors School operated by AAA, National Safety Council or such other certified school approved by the Department. Such school shall send a copy of the instructor’s certificate of completion to the Department’s Driver Improvement Unit. The instructor shall maintain current certification.

(3) Financial Responsibility:

(a) Each defensive driving course Provider shall attach a certificate of insurance from an insurer authorized to do business in Tennessee to its application:

The certificate shall state that the School has liability insurance in the amount of $300,000.00.
The certificate shall stipulate that the insurance shall not be canceled except upon ten (10) days prior notice to the Department.

(b) The Insurance Policy shall be available for inspection during business hours.

(c) For the protection of the contractual rights of students, each defensive driving course Provider shall have a continuous surety company bond in the principal sum of $7,500.00 from a company approved by the Department that is authorized to do business in Tennessee. Provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $7,500.00. The surety on any such bond may cancel such bond on giving thirty (30) days notice in writing to the Department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. Proof of such surety bond shall be attached to the application.

(4) Denial, Revocation or Suspension:

(a) The Department may deny, revoke or suspend the defensive driving course Provider or Instructor for any violation of the law, rules or regulations relating to the operation of a defensive driving course.

(b) The Department may deny, revoke or suspend the defensive driving course Provider or Instructor for actions including, but not limited to the following:

Conviction of a Provider or Instructor for a felony or any crime involving violence, dishonesty, deceit, fraud or indecency.
Knowingly presenting false or misleading information to the Department.
Failure or refusal to permit the Department to inspect, audit or investigate the defensive driving course premises, the defensive driving course class, instruction records, financial records, etc.
Failure to submit the application with supporting documentation within the prescribed time limit.
Failure to maintain Department approved standards in instruction, equipment or facilities.
The presence of alcoholic beverages or narcotic drugs on the premises.
The presence of any type of weapon on the premises, except a weapon carried by a commissioned law enforcement officer.

(7) Hearing:

(a) Any Provider or Instructor of a defensive driving course who has been denied, revoked or suspended shall have the right to request a hearing in writing within thirty (30) days of the date of written notification of such action.

(b) The hearing shall be before the Commissioner or the Commissioner’s designee and held in accordance with the Uniform Administrative Procedures Act (T.C.A. §4-5-101, et seq.).

(8) The criteria set forth in this rule shall also apply to accident prevention courses for older drivers as provided for in T.C.A. §56-7-1107.

History

Authority: T.C.A. §§4-5-202, 55-50-505 and 56-7-1107.
Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Repeal and new rule filed April 18, 2005; effective August 26, 2005. Amendment filed March 11, 2008; effective July 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-04-.06 SUSPENSION OF DRIVER LICENSE FOR PHYSICAL OR MENTAL DISABILITIES

(1) Mental Standards:

(a) Any driver who has been adjudged by a court of competent jurisdiction or has been evaluated by a psychiatrist, psychologist, or mental health facility and found to be suffering from any mental disease or substance abuse, may have the driver’s driving privileges suspended until such time as the driver has been restored to competency by court order, order from the superintendent of the mental facility, or other such method provided by law. The driver must apply through the Driver Improvement Unit to receive a clearance/reinstatement order in order to recover, retain or obtain driving privileges.

(b) If the driver claims to have been restored to competency, a certified copy of the court order or a written statement from a licensed psychiatrist or psychologist or mental health facility must first be mailed to the Driver Improvement Unit by such court, psychiatrist, psychologist or mental health facility.

(c) After reviewing the certified court order or statement, the Department shall determine if the driver’s driving privilege shall be reinstated. If approved, the driver will receive a clearance/reinstatement order from the Driver Improvement Unit.

(2) Physical Standards (a) When the Department receives information about the ability of a driver to safely operate a motor vehicle, that driver shall be sent notice stating that the Department received information regarding his/her ability to safely operate a motor vehicle. The notice shall state the driver’s driving privileges may be suspended. It shall also state that if the driver disagrees with a suspension, the driver may request an administrative hearing within thirty (30) days from the date of the notice. No action will be taken until the conclusion of the investigation or hearing. Throughout the investigation and/or hearing process, the driver may be questioned concerning the driver’s physical condition and may be requested to submit a medical report. The Department shall provide the medical report forms to the driver to be completed by the appropriate licensed medical professional.

(b) In all cases where medical reports are needed, the complaint/data must first be reviewed by the Department. Drivers who may be physically or mentally unfit to operate a motor vehicle upon the streets or highways of Tennessee may be identified in the following manner, and the review process invoked:

A written complaint from law enforcement or driver license examiner;
Data contained in a crash report;
Data provided by any reliable individual or person within the medical profession as determined by the Department obtained through the receipt of a signed letter by that individual;
Drivers previously suspended and requesting a re-evaluation of their record due to a purported change in the status of mental or physical health;
Data obtained from courts, private citizens, newspaper stories, or information that would appear to be reliably obtained through other sources;
Information from a person who has witnessed the driver’s inability to drive because of a seizure or other condition through the receipt of a signed letter from that person; or 7. Information from friends or relatives who know the driver’s condition who submit information that a driver has a condition through the receipt of a signed letter.

(c) The medical report forms must be completed by a licensed physician, physician assistant, or nurse practitioner (herein referred to as licensed medical professional) and should contain sufficient information regarding the driver’s medical condition to enable the Department to determine whether the driver should be permitted to retain or obtain driving privileges. The information provided by the licensed medical professional must have been obtained within the last twelve (12) months. The licensed medical professional shall be requested to provide an opinion about the driver’s ability to drive.

The licensed medical professional’s opinion, which is not binding on the Department, will be given consideration in conjunction with other available information.

(d) The Department may use independent medical review boards to review and make recommendations if a driver is reported to have a mental or physical condition. The review boards will consist of licensed physicians in fields of specialized or general medicine. Physicians may serve on the medical review board in a voluntary capacity, or they may be paid by the Department if the Department deems such payment appropriate. The recommendations of the medical review board shall not be binding upon the Department.

(e) The medical report forms completed by the licensed medical professional will be reviewed and one or more of the following actions shall take place:

If the licensed medical professional documents that the driver does not have a medical problem relating to the operation of a motor vehicle, the case may be closed. If the case is not closed, it may be referred to the medical review board to reconcile differences in the complaint and the medical report.
If the licensed medical professional determines that the person should not be allowed to drive because of a medical condition, the driver shall have his/her driving privileges suspended. If the licensed medical professional cannot determine with certainty whether or not the person has a medical condition relating to the safe operation of a motor vehicle, the Department may refer the case to the medical review board.
The medical review board may recommend that the case be closed or it may recommend the suspension of the driver’s driving privileges and state the conditions for the suspension. Upon receipt of the medical review board’s recommendation, the Commissioner shall determine the status of the driver’s driving privileges. Such determination may be appealed pursuant to the provisions of the Uniform Administrative Procedures Act.
At any time during the process, the Department and/or the medical review board may require additional medical information or evaluation before making a decision.

(f) The Department may require the driver to submit to a special driver examination in lieu of, or in addition to, the medical review process.

(g) Drivers who fail to furnish the Department with the required medical information or request an administrative hearing within thirty (30) days shall have their driving privileges suspended until such time as a favorable medical report is received and restoration of driving privileges is approved.

(h) The Department shall suspend and/or shall not issue a driver license to anyone who suffers from uncontrolled epilepsy (also known as a seizure disorder), momentary lapse of consciousness or control due to epilepsy, cardiac syncope, diabetes, or other conditions until the driver has remained seizure-free or lapse free for a period of one (1) year, and then only upon receipt of a favorable medical statement from the driver’s licensed medical professional. Provided, however, the driver may be approved for driving privileges if the driver’s condition has been controlled for six (6) months and the Department receives a favorable medical report or statement from the driver’s licensed medical professional and the Department approves the issuance of the driver license.

(i) In the following cases, the driver may be immediately suspended until the driver submits the medical information required by subparagraph (c) and the medical information is reviewed in accordance with this rule:

The driver admits to a history of seizures or other conditions that seriously affects driving ability; or 2. A person practicing in the medical profession submits information that a driver has a condition that renders them unsafe to drive.

(j) The procedures set forth in this rule also apply to other physical or mental disabilities where the Department has good cause to believe the driver would not be able to safely operate a motor vehicle.

(k) Drivers who have physical disabilities that can be compensated for by the use of physical controls or mechanical devices which enable the driver to safely operate a motor vehicle may be approved for licensing if they meet all other appropriate eligibility criteria.

(l) Drivers who are hearing impaired shall be restricted to the operation of vehicles equipped with left and right outside rear-view mirrors.

(m) Vision standards, including telescopic/biopic lens use by drivers with low vision, are located in the rules of the Driver Services Division of the Department of Safety.

(3) Any driver who is alleged to have a mental or physical disability may request an administrative hearing before a hearing officer within thirty (30) days from the date of written notification of the proposed suspension action. Any driver whose driving privileges have been suspended as a result of a physical or mental disability may appeal the decision of the Department by filing a petition pursuant to the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 et seq.).

History

Authority: T.C.A. §§ 55-50-202, 55-50-303, 55-50-502 and 55-50-505.
Administrative History: Original rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Repeal and new rule filed March 26, 2014; effective August 29, 2014.

Tenn. Comp. R. & Regs. 1340-01-04-.07 SUSPENSION OF DRIVER LICENSE FOR FAILING TO PASS OR SUBMIT TO RE-

EXAMINATION.

(1) Upon receiving information that a driver may be unable to safely operate a motor vehicle or is otherwise not qualified to be licensed, the Department may require the driver to submit to a driver re-examination and/or submit other information as deemed appropriate within thirty (30) days of receipt of said information. Such notice shall also inform the driver that he/she may request an administrative hearing within thirty (30) days from the date of the notice. If a driver fails to submit to re-examination, submit other appropriate information, or request a hearing within the required timeframe, the Department shall suspend the driver’s driving privileges.

(2) Periodic re-examinations may be required, such as once a year, in the case of mental or physical conditions.

(3) A driver required to undergo re-examination by the Department may take the written and/or vision portion of the driver examination test without limitation. If the driver fails the written portion, there may be a seven (7) day waiting period between each retest.

(4) A driver required to undergo re-examination by the Department may take the on-the-road skills portion of the driver examination test three (3) times at thirty (30) day intervals. If successful, driving privileges shall be reinstated. If the driver does not pass on-the-road skills portion in three (3) attempts or less, the driver shall not be eligible to re-test for six (6) months from the date of the third test. If the driver does not pass the re-test(s) taken after waiting the six (6) month period, the driver shall not be eligible to re-test for twelve (12) months from the date of the last driver examination.

(5) Drivers with a commercial driver license may be required to submit to re-examination in their commercial vehicle or school bus. If the driver fails the re-examination in the driver’s commercial vehicle or school bus but wishes to downgrade to a Class D license, the driver may do so after successfully passing a complete examination in their personal vehicle.

(6) Drivers who fail to submit to re-examination within thirty (30) days of written notification as required, or who fail to pass any part of the re-examination, or who do not ask for an administrative hearing within thirty (30) days of written notification shall have their driving privileges suspended until such time as they comply with the re-examination requirement.

(7) Any driver required by the Department to undergo re-examination shall be notified that the driver may request an administrative hearing, provided such request is submitted in writing within thirty (30) days after the date of the written notice. Upon receipt of a request for an administrative hearing, the Department shall provide the driver a hearing before a hearing officer.

(8) Any driver whose driving privilege is suspended under the Driver Improvement Program may appeal the suspension through the appeals process contained in the Uniform Administrative Procedures Act (T.C.A. § 4–5–101 et seq.).

History

Authority: T.C.A. §§ 55-50-202, 55-50-303, 55-50-322, 55-50-502, and 55-50-505.
Administrative History: Repeal of and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Amendment filed March 26, 2014; effective August 29, 2014.

Chapter 1340-01-05 Skills Performance Evaluation Intrastate Certificate Program

Tenn. Comp. R. & Regs. 1340-01-05-.01 PURPOSE

To establish uniform criteria for any person unable to meet the standards in Federal Motor Carrier Safety Administration (FMCSA) 49 C.F.R. § 391.41, as adopted by the Department, to apply for a medical waiver that, if approved, will authorize a person intrastate operation of a commercial motor vehicle by a person with missing or impaired limbs.

History

Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.
Administrative History: New rules filed October 24, 2022; effective January 22, 2023.

Tenn. Comp. R. & Regs. 1340-01-05-.02 DEFINITIONS

(1) “Commercial Driver License” (CDL) means a Class A, B, or C driver license issued by the Tennessee Department of Safety and Homeland Security.

(2) “Commercial Motor Vehicle” (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a - (a) Combination Vehicle (Group A) - having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (b) Heavy Straight Vehicle (Group B) - having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (c) Small Vehicle (Group C) that does not meet Group A or B requirements but that either - 1. Is designed to transport 16 or more passengers, including the driver; or 2. Is of any size and is used in the transportation of hazardous materials as defined in this section.

(3) “Commissioner” means the Commissioner of the Department of Safety & Homeland Security.

(4) “Days” means calendar days, unless otherwise specified in rule or in state law.

(5) “Director” means the head of the Commercial Driver License Division of the Department of Safety & Homeland Security.

(6) “Department” means the Tennessee Department of Safety & Homeland Security.

(7) “FMCSA” means the Federal Motor Carrier Safety Administration.

(8) “Intrastate” means trade, traffic, or transportation within Tennessee that is not interstate commerce.

(9) “Medical examiner” means an individual certified by the FMCSA and listed on the National Registry of Certified Medical Examiners.

(10) “Skills Performance Evaluation” (SPE Evaluation) is a skills test that evaluates the ability of a driver with missing or impaired limbs to operate a CMV.

(11) “Skills Performance Evaluation Intrastate Certificate” (SPEI Certificate) means the certificate issued by the Department that allows drivers with missing or impaired limbs to drive a commercial motor vehicle intrastate.

History

Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.
Administrative History: New rules filed October 24, 2022; effective January 22, 2023.

Tenn. Comp. R. & Regs. 1340-01-05-.03 SKILLS PERFORMANCE EVALUATION

(1) A Commercial Driver License applicant seeking an initial Skill Performance Evaluation Intrastate Certificate (SPEI Certificate), or a renewal of an SPEI Certificate, may apply to the Department by submitting the following documents:

(a) A copy of a current FMCSA Medical Examination Report Form for Commercial Driver Certification (FMCSA Physical; Form MCSA-5875), (b) A completed FMCSA Vehicle Driving Condition Report, (c) A completed Department of Safety CDL Waiver cover sheet; and (d) A completed Department of Safety Limb Waiver Form.

(2) The Director or designee may request any further documentation needed to make a determination from the applicant.

(3) The Department must receive such additional documentation within forty-five (45) days from the date of the letter requesting such documentation.

(4) If no additional documentation has been requested under 1340-01-05-.03(2), the Director or designee shall have ninety (90) days from the date of receipt of the documents to review and make a determination to either grant or deny, in whole or in part, the application for the SPEI Certificate based on the documentation submitted. The denial will be sent in writing and must include a form for filing an appeal.

(5) If additional documentation has been requested under 1340-01-05-.03(2), the Director or designee shall have forty-five (45) days from the date of receipt of the additional documents to review and make a determination to either grant or deny, in whole or in part, the application for the SPEI Certificate, based on all the documentation submitted.

(6) If the application for an SPEI Certificate is approved, the applicant shall be notified in writing by the Department.

(a) The SPEI Certificate shall contain any terms, conditions, and limitations as deemed necessary and consistent with the materials provided in the application, or information which was later provided to the Department.

(b) The SPEI Certificate shall also indicate the specific power units, such as a bus, truck, or truck tractor, for which the SPEI Certificate has been granted.

(7) An SPEI Certificate shall be valid for a period not to exceed two (2) years from the date of issuance. The expiration date shall be on the SPEI Certificate.

(8) The commercial driver’s license shall display a restriction to signify it is only valid for intrastate operation.

(9) The driver must have the SPEI Certificate in the driver’s possession at all times when operating a commercial motor vehicle.

(10) Falsifying information in the initial application, renewal application, or falsifying any information required by this section by either the applicant or motor carrier is prohibited and must result in the denial of an SPEI Certificate or the downgrade of a CDL.

(11) The license holder must submit to medical recertification as required by the Medical Examiner who performed the FMCSA Physical and must provide a copy of the documentation to the Department to maintain the SPEI Certificate.

(12) The license holder must submit all documentation required by the Department to be considered for SPE Evaluation and SPEI Certificate issuance.

(13) The SPEI Evaluation skills test must be conducted by an FMCSA certified examiner employed by the Department.

(14) An SPEI Certificate holder may apply for renewal of the certificate no sooner than ninety (90) days from the expiration date of the SPEI Certificate. Failure to provide all renewal documentation within thirty (30) days of the expiration date of the current SPEI Certificate must result in an automatic downgrade of the applicant’s commercial driver’s license to a Class D regular driver’s license.

(15) The Department will develop the forms required in 1340-01-05-.03(1)(c), (1)(d), and (3)(a) and make them available to applicants on the Department’s website.

History

Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.
Administrative History: New rules filed October 24, 2022; effective January 22, 2023.

Tenn. Comp. R. & Regs. 1340-01-05-.04 APPEALS

(1) Denial Based on Documentation (a) An applicant who is denied an SPEI Certificate following submission of the documents required in 1340-01-05-.03(1), but prior to the administration of an SPE Evaluation skills test, may request an appeal of the denial.

(b) The appeal must be sent in writing to the Director and must include any documents and any other information the applicant has to show that the decision of the Director was in error.

The appeal documents must be sent to the address on the appeal form provided by the Department and posted on the Department’s website.
An appeal request must be received by the Director no later than forty-five (45) days after the date on the letter denying the SPEI Certificate.

(c) The Commissioner or the Commissioner’s designee must review the documentation from the applicant and the CDL division and either uphold or overturn the denial within thirty (30) days of receipt of the appeal.

If the denial is upheld, the person may either reapply for an SPEI Certificate after thirty (30) days of the date of the decision or the person may appeal to Chancery Court under Tenn. Code Ann. § 4-5-322 within sixty (60) days of the date of the decision.
If the denial is reversed, the person will need to schedule an SPE Evaluation with the Department.

(2) Denial Based on Failure of the SPE Evaluation (a) An applicant who has failed to satisfactorily complete the SPE Evaluation skills test may, within thirty (30) days, reschedule for another test. The second test does not need to be taken within the thirty (30) days.

(b) An applicant who has failed to satisfactorily complete the SPE Evaluation skills test after a second test, or who failed to satisfactorily complete the SPE Evaluation skills test a first time and did not schedule a second test as provided for in subsection (2)(a), will be required to resubmit a new application with documentation showing the issue causing the failure has been addressed, which may include, but is not limited to, documentation of further training.

History

Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.
Administrative History: New rules filed October 24, 2022; effective January 22, 2023.

Chapter 1340-01-06 Commercial Driver Training Enterprise Rules and Regulations

Tenn. Comp. R. & Regs. 1340-01-06-.01 DEFINITIONS

As used in this chapter:

(1)Department means Department of Safety.

(2)Commissioner means Commissioner of Safety.

(3)Driver Training means instruction of persons in the operation of motor vehicles; or the preparation for making application for examination given by the department for a motor vehicle operator’s license.

(4)Person when referring to a driver training enterprise, means person, firm, partnership, association or corporation.

(5)Driver Training Enterprise means any person, firm, partnership, association or corporation which offers a course of driver training for which a fee or tuition is charged.

(6)Driver Training Instructor means any person who gives driver training or offers a course of driver training for which a fee or tuition is charged.

(7)Place of Business means a designated location at which the business of the driver training enterprise is being conducted.

(8)Branch Office means an approved location where the driver training enterprise is conducted, other than the principal place of business.

(9)High School Education or the Equivalent in Experience means any high school diploma or the ability to pass a General Educational Development ‘rest.

(10)He is considered, in this instance, to be either male or female.

(11)Temporary Classroom means an approved location where the driver training enterprise may conduct driver training for members of a group or organization, and said location is owned or leased by the group or organization.

History

Authority: T.C.A. Title 4, Chapter 5, §55-19-105.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.

Tenn. Comp. R. & Regs. 1340-01-06-.02 FOREWORD

(1)Pursuant to the authority granted by chapter 19, title 59, T.C.A., the Department of Safety, through its commissioner, has adopted the following rules and regulations governing commercial driver training enterprises and commercial driver training instructors in the state of Tennessee, (2)These rules and regulations, together with the provisions of chapter 19, title 59, T.C.A., will be used to establish the criteria needed by the Department of Safety in evaluating the qualifications of applicants for licenses for driver training enterprises and driver training instructors.

(3)The owners of professional driver training enterprises and driver training -instructors are concerned with the procedures and policies to be used by the department in administering the provisions of this law. In like manner, the Department of Safety is interested in helping applicants meet the high standards required of drivers and consequently safer highways in Tennessee can be achieved by maintaining high standards and striving to meet them. To this end, your Department of Safety has dedicated its greatest efforts.

History

Authority: T.C.A. Title 59, Chapter 19.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974.

Tenn. Comp. R. & Regs. 1340-01-06-.03 COMMERCIAL DRIVER TRAINING ENTERPRISE AND COMMERCIAL DRIVER

TRAINING INSTRUCTOR LICENSE.

(1)GENERALLY.

(a)No person shall operate, conduct, maintain, or establish a driver training enterprise in this state unless he holds a valid current license issued by the department.

(b)No person shall give driver training instruction for hire or act as a driver training instructor unless he holds a valid current driver training instructor license issued by the department and unless he is employed by a licensed driver training enterprise.

(c)Where an application is made for renewal of a driver training enterprise license or driver training instructor license, the applicant may continue to conduct business as a driver training enterprise or driver training instructor until the renewal application is granted or denied by the department.

(2)REQUIREMENTS OF APPLICANTS FOR A DRIVER TRAINING ENTERPRISE LICENSE.

(a)The department shall not issue a driver training enterprise license to any driver training enterprise unless: 1.The driver training enterprise has and maintains an established place of business in this state; 2.The driver training enterprise has in its employ at least one (1) licensed driver training instructor; 3.The driver training enterprise has at least one (1) motor vehicle registered with the department in the name of the driver training enterprise which has been safety inspected-insurance certified as required herein for driver training purposes; 4.Each individual, owner, partner, associate, officer, manager or trustee of the driver training enterprise is:

(i)Of good moral character; and (ii)At least 21 years of age. 5.The driver training enterprise has liability insurance covering the driver training enterprise, the instructor, and students of the driver training enterprise while operating the driver training enterprise equipment, with minimum limits of not less than $100,000.00 for bodily injury or death of one (1) person in any one (1) accident and subject to that limit for any one (1) person $300,000.00 for bodily injury or death of two or more persons in any one (1) accident, $5,000.00 medical payment on each individual, and $10,000.00 for damage to the property of others in any one (1) accident. Evidence of insurance coverage shall also provide that the insurance coverage shall not be cancelled except after 10 days prior notice in writing by the carrier to the commissioner.

(3)APPLICATION REQUIREMENTS FOR DRIVER TRAINING ENTERPRISES.

(a)General Information Section: All applicants shall state the name, address and telephone numbers of the driver training enterprise; whether the enterprise is a sole proprietorship, corporation or association; and the names, addresses and telephone numbers of all owners, partners, associates, process agents, officers and managers on forms furnished by the department. All applications shall state that the owners of a driver training enterprise, unless it be a corporation, are each 21 years of age or over, and each of good moral character. The general information section shall also contain such other questions as the department shall deem necessary to determine the eligibility of the applicant.

(b)Personal History Section: Each owner, partner, associate, officer and manager of every driver training enterprise shall submit an individual personal history schedule of his activities, on forms furnished by the department.

(c)Motor Vehicles Section: All applicants shall submit a schedule, on forms furnished by the department, listing all motor vehicles owned, leased, registered and insured in the name of the driver training enterprise.

(d)Place of Business and Facilities Section: All applications shall contain a description of the established place of business together with a statement of the hours during which the driver training enterprise is conducted and a description of the equipment and facilities used in driver training.

(e)Insurance Certificate: All applications shall be accompanied by an insurance certificate giving evidence of liability insurance coverage as required herein.

(f)Rates for instruction must be submitted. It shall be the enterprise’s responsibility to notify the department of any change of rate.

(g)Fee: Each applicant for a license to operate a driver training enterprise and each application for renewal of a license to operate a driver training enterprise shall be verified under oath and accompanied by the required fee set forth in chapter 19, title 59, T.C.A.

(h)Expiration: Every license issued for the operation of a driver training enterprise shall expire on December 31st of each year, unless sooner revoked or cancelled.

(i)Renewal: The license of each driver training enterprise may be renewed subject to the same conditions as a new license, and upon payment of the required fee.

(4)APPLICATION REQUIREMENTS FOR A DRIVER TRAINING INSTRUCTOR LICENSE - The department shall not issue a driver training instructor license to any applicant unless:

(a)He is 21 years of age or older;

(b)He is of good moral character;

(c)He is a high school graduate or the equivalent thereof;

(d)He holds a current valid Tennessee Motor Vehicle Class D license with a for hire endorsement;

(e)He has not been convicted of more than two (2) moving serious traffic, violations, as defined by T. C.A. §55-50-102, within the two (2) year period immediately preceding the date of application;

(f)He has manifested good driving habits indicating a respect for traffic laws and regard for the safety of others on the highways;

(g)He has passed a written examination and road test given by the department for a driver training instructor license.

(h)He is physically able to safely operate a motor vehicle and instruct or train others in its operations;

(i)He properly makes application for a driver training instructor license on forms prepared by the department;

(j)He is employed by a driver training enterprise licensed by the department; and (k)He supplies a complete set of fingerprints of himself to the department.

(5)DRIVER TRAINING INSTRUCTOR APPLICATION AND EXAMINATION.

(a)Application, Personal History and Physical Examination: Each person desiring to be licensed as a driver training instructor must make application on forms furnished by the department.

The forms shall consist of two sections: 1.Personal history of the applicant; and 2.Physical examination report signed by an examining physician.

(b)Employer: The driver training instructor license application must indicate the name and address of the driver training enterprise employing the applicant and it must be signed by an agent or representative of the driver training enterprise. The application must be verified under oath and signed by the applicant.

(c)Fee: Upon receipt by the department of a duly completed driver training instructor application, a five dollar ($5.00) fee, fingerprints, and a physical examination report, the applicant, if otherwise qualified, shall be entitled to take a Driver Training Instructor written examination and driving test as prescribed by the department.

(d)Written Examination: The written examination shall consist of questions dealing with the following: 1.Tennessee motor vehicle traffic laws; 2.Operation of motor vehicles; 3.Safe driving practices The department may also test the applicant for depth perception, peripheral vision, and reaction time.

(e)Driving Examination: The department’s driving test will examine the applicant’s ability to drive and to give driver training instructions to others.

(f)Issuance of Driver Training Instructor License: All applicants who pass the instructor’s examination and who are otherwise qualified will be issued a driver training instructor license containing: 1.The name and address of the licensee; and 2.The name and address of the driver training enterprise by whom he is employed.

(g)Expiration of Driver Training Instructor License: Every driver training instructor license shall expire when he leaves the employment of the driver training enterprise listed on his license or on December 31st of each year unless it is renewed by the department.

(h)Renewal: The license of each driver training instructor may be renewed annually subject to the same conditions as the original license, and upon payment of the same fee.

(i)Display and Possession Requirements: The driver training instructor license shall be nontransferable and shall be carried on the person of the instructor at all times during which he is actually giving driver training instruction. Upon request, the instructor shall exhibit the license to any student taking instruction from him and to any other person authorized by law to examine motor vehicle operator’s licenses.

(j)Lost, Mutilated or Destroyed Licenses: Should a license be lost, mutilated, or destroyed, a duplicate license will be issued upon proof of the facts. In the case of a mutilated license, the surrender of such license. A one dollar ($1.00) replacement charge will be made for all duplicates. Proof of facts shall consist of: 1.The date the license was lost, or destroyed; and 2.The circumstances involving such loss, mutilation, or destruction.

History

Authority: T.C.A. Title 4, Chapter 5, §55-19-105.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.

Tenn. Comp. R. & Regs. 1340-01-06-.04 PLACE OF BUSINESS

(1)OFFICE FACILITY.

(a)The established place of business. of each driver training enterprise must be approved by the Tennessee Department of Safety.

(b)The place of business must be open to inspection of the premises, facilities, records and vehicles by any authorized representative of the department.

(c)The place of business must have a telephone listing and the license issued to the driver training enterprise shall be prominently displayed on approved premises.

(d)A driver training enterprise shall not transfer its license nor change its place of business without the approval of the department.

(2)BRANCH OFFICES - Same procedures as new enterprise.

(3)CLASSROOM INSTRUCTION - Each student must study the Tennessee Driver Handbook and obtain a Tennessee Driver License learner permit prior to any behind the wheel instructions by any licensed enterprise. The student shall be exempt from the learner permit requirement, only during the operation of a motor vehicle bearing the driver training enterprise identification, and only while a licensed driver training enterprise instructor, certified and registered by the Department of Education, accompanies the student. The Driver Training Instructor’s Department of Education certification shall be carried on the person of the instructor at all times during which he is actually giving behind the wheel instruction. Upon request, the instructor shall exhibit the certification to any student taking instruction from him and to any other person authorized by law to examine motor vehicle operator’s licenses.

(4)TEMPORARY CLASSROOM.

(a)Classroom must be approved by the Tennessee Department of Safety.

(b)Ten (10) calendar days notice must be given to the department for inspection purposes.

(c)Temporary classroom approval expires at the close of the period of instruction for which it was approved.

(d)Request shall include beginning and ending dates for period of instruction.

History

Authority: T.C.A. Title 4, Chapter 5, §55-19-105.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.

Tenn. Comp. R. & Regs. 1340-01-06-.05 DRIVER TRAINING MOTOR VEHICLES

(1)SAFETY INSPECTION INSURANCE STICKER CERTIFICATE.

(a)All motor vehicles used to give driver training instruction must have a current safety inspection-insurance certificate approved by the department which must be kept in the glove compartment.

(b)The full name of the Driver Training Enterprise must be prominently displayed on both front doors and rear of such vehicle in letters at least two (2) inches high in colors vividly contrasting with the color of the vehicle; and also signs stating “Student Driver” in letters at least three (3) inches high visible from both sides and the rear of the vehicle must be prominently displayed.

(2)ANNUAL INSPECTION.

(a)Driver training motor vehicles must be presented to designated inspection stations at least once a year for inspection and certification as such, or made available to any authorized representative of this department for inspection.

(b)In order to be approved for a safety inspection-insurance certificate the motor vehicle must be: 1.In a safe operating condition; 2.Insured as required herein; (certified copy on file with the Tennessee Department of Safety) 3.Registered with the department in the name of a driver training enterprise; 4.Equipped with seat belts which should be used by both student and instructor.

(c)In addition to the above, the following equipment shall be required: 1.Outside mirror on both driver’s and instructor’s side; 2.Emergency 4-way signal flashers; and 3.Dual brake pedal.

History

Authority: T.C.A. Title 4, Chapter 5, §55-19-105.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.

Tenn. Comp. R. & Regs. 1340-01-06-.06 DRIVER TRAINING ENTERPRISE AND DRIVER TRAINING INSTRUCTOR RECORDS

(1)STUDENT INSTRUCTION RECORD.

(a)All driver training enterprises licensed by the department must maintain a permanent record of instructions given to each student. The records must be kept on file in the office of the enterprise for a period of one (1) year following the instruction. The record must contain the name of the enterprise and the name and address of the student; the number of the student’s instruction permit or operator’s license; the type and date of instruction given, and the signature of the instructor. Also number of hours of training and total cost.

(b)Each driver training enterprise must furnish the student an itemized receipt for all charges.

(c)The student instruction record and cost of training shall be available for inspection by the Commissioner or his representative at all times.

History

Authority: T.C.A. Title 59, Chapter 19.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974.

Tenn. Comp. R. & Regs. 1340-01-06-.07 DRIVER TRAINING ENTERPRISE ADVERTISING

(1)No person shall advertise a driver training enterprise or driver training of any type in this state unless licensed by the department.

(2)Driver training enterprise advertising shall not imply, suggest, or give the impression that the enterprise or any of its instructors are an agent, employee or representative of the Department ox the State of Tennessee, nor shall any advertisement imply that the enterprise is supervised, recommended, or endorsed by the Department or the State of Tennessee. Driver training enterprises which are licensed by the department may indicate in their advertising that they are “inspected and licensed by the Tennessee Department of Safety” No driver training enterprise advertising shall state or imply that a motor vehicle operator’s license, or in the case of truck training, that employment is guaranteed or assured to members of the public utilizing the services of the enterprise.

(3)A driver training enterprise may not make any false or misleading claim in any of its advertising, nor shall it use a name that is like or deceptively similar to a name used by another driver training enterprise.

(4)Each telephone directory listing or telephone advertisement of a driver enterprise shall include the address or addresses of the driving enterprise’s established place or places of business.

(5)Neither a driver training enterprise nor an agent or employee of a driver training enterprise shall advertise the fact that an officer, agent or employee of the enterprise was formerly employed by the department.

History

Authority: T.C.A. Title 59, Chapter 19.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974.

Tenn. Comp. R. & Regs. 1340-01-06-.08 CONTRACTS AND AGREEMENTS

(1)Each enterprise must file and maintain with the department a list of those persons authorized or empowered to execute contracts on behalf of the driver enterprise. A complete signature record form must be filed with the department, for each person authorized to sign contracts for the enterprise.

(2)Each enterprise, which uses contracts or agreements, must furnish the department with copies of each.

(3)Any student who signs a contract or agreement with any driver training enterprise shall receive a carbon copy of the contract and the original retained and filed by the enterprise. These contracts shall be made available to any authorized representative of the department upon request.

(4)All contracts used by a commercial driver training enterprise shall contain the following:

(a)The name and address of the enterprise. If the enterprise is conducted under an assumed name or is operated by a corporation, partnership or association, the agreement must contain the name of the individual owner, or such of names of the officers of the corporation, association, or members of the partnership as the department may require.

(b)All contracts shall contain the following statement:

“This constitutes the entire agreement between the enterprise and the student and no verbal statements or promised will be recognized.”

(c)The fee charged for each lesson, if fees are charged for individual lessons, and/or the fee for the entire series of lessons agreed upon.

(d)A statement indicating that these regulations of the driver training enterprise are available on the enterprise premises for the examination by the student.

(e)A statement indicating that the driver training enterprise cannot guarantee the student is eligible for the type of license for which instruction is being taken.

History

Authority: T.C.A. Title 4, Chapter 5, §55-19-105.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.

Tenn. Comp. R. & Regs. 1340-01-06-.09 GENERAL REGULATIONS RELATING TO DRIVER TRAINING ENTERPRISES AND

DRIVER TRAINING INSTRUCTIONS.

(1)DEPARTMENT PREMISES.

(a)No driver training enterprise instructor, employee, or agent will be permitted to loiter in or on premises rented, leased, owned, or used by the department.

(b)No driver training enterprise instructor, employee or agent shall be permitted to personally solicit any individual on premises rented, leased, owned, or used by the department for the

purpose of enrolling them in any driver training enterprise.

(c)No alcoholic beverages of any type will be consumed or stored on premises or in vehicles used by the enterprise.

(2)INSPECTION OF FACILITIES.

(a)A driver training enterprise shall permit any authorized representative of the department to inspect the enterprise at any time.

(b)The driver training enterprise shall make available to the department full information relating to data contained in its application forms and shall permit the department’s representative to make photostatic copies of enterprise records required by the department.

(3)RENEWAL OF LICENSE - All applications for the renewal of a driver training enterprise license or driver training instructor license shall be on a form prescribed by the department, and must be filed with the department not more than sixty (60) days, nor less than ten (10) days preceding the expiration date of the license to be renewed.

(4)CONFLICT OF INTEREST - No person whose duties relate in any way to the issuance of motor vehicle operator’s licenses nor any employee of the department, nor any member of his immediate family, shall be connected in any capacity whatsoever with a driver training enterprise.

(5)PRACTICE DRIVING - Practice driving is prohibited on testing areas used by the department while driving tests are in progress.

(6)WAIVER OF REQUIREMENTS - The commissioner may waive in writing all or part of the requirements of any rule or regulation relating to driver training instructors, if a waiver is necessary to avoid a result which is contrary to the manifest purpose and intent of these rules and regulations..

History

Authority: T.C.A. Title 59, Chapter 19.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974.

Tenn. Comp. R. & Regs. 1340-01-06-.10 SUSPENSION, REVOCATION OR DENIAL OF DRIVER TRAINING ENTERPRISE AND

DRIVER TRAINING INSTRUCTOR LICENSE.

(1)REVOCATION OF LICENSE - The commissioner shall, upon receipt of satisfactory evidence, suspend, revoke, refuse to issue or refuse to renew the license of a driver training enterprise or a driver training instructor if:

(a)The licensee fails or refuses to comply with the provisions of chapter 19, title 59, T.C.A., or any rule or regulation adopted thereunder;

(b)The licensee has made a false material statement or has concealed a material fact in connection with his application;

(c)The licensee or any officer, director, partner, or other person directly interested in the driver training enterprise held a license issued under chapter 19, title 59, T.C.A., which was revoked or suspended and not reinstated;

(d)The licensee has been guilty of a fraudulent practice in attempting to obtain for himself or another a license to operate a motor vehicle;

(e)Written notice of the cancellation of insurance required by the regulations herein is received by the commissioner and the licensee does not present satisfactory evidence of insurance to the commissioner prior to the effective date of the cancellation;

(f)The licensee has failed to maintain adequate standards of instructions or safe and necessary equipment which is needed to give proper driver training instruction;

(g)The licensee is employing instructors or agents who have not been licensed by the department.

(h)The licensee has been convicted of a felony, or any crime involving violence, dishonesty, deceit, indecency, or immoral conduct; and (i)The licensee or any officer, director, partner or other persons directly interested in the driver training enterprise or any instructor licensed under the name of the enterprise shall have in their possession a copy of the department’s driver licensing examination questions or their equivalent, or attempts to obtain a copy of these test questions for the purpose of making them available to their students or any other person.

(2)REVOCATION OF INSTRUCTOR LICENSE - Whenever a driver training instructor is convicted of driving an automobile while under the influence of intoxicating liquor or of leaving the scene of an accident, reckless homicide, two (2) moving serious violations within a two (2) year period, or driving when addicted to or while under the influence of narcotic drugs, his license shall be revoked.

(3)COMPLAINTS TO BE VERIFIED - All complaints by an individual, partnership, group, corporation or association, against any other individual, partnership, group, corporation or association, relating to driver training enterprise or driver training instructors, or department personnel, or these rules and regulations, must be verified in formal writing and signed by the complainant. The commissioner may ask complaining witnesses to sign a sworn statement indicating the nature of the complaint. The acceptance or the use of any statement by the department shall not be deemed an acknowledgement, admission or charge by the department of the matters contained in the statement.

History

Authority: T.C.A. Title 4, Chapter 5, §55-19-105.
Administrative History: Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.

Chapter 1340-01-07 Repealed

Tenn. Comp. R. & Regs. 1340-01-07 Repealed

RULES

OF TENNESSEE DEPARTMENT OF SAFETY

DRIVER CONTROL DIVISION -- 1 of 1 --

Chapter 1340-01-08 Repealed

Tenn. Comp. R. & Regs. 1340-01-08-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-509.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-514.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-513.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-513.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-514(d).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-514.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-514.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.08 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-2009, 4-516, and 4-517.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516(d).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516(d).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516(d).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516(d).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.14 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516(d).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.15 REPEALED

History

Authority: T.C.A. §§ 4-3-2009, 4-516, and 4-517.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.16 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-517(a).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.17 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516(b).
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.18 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-516.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.19 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-532.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.20 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-515.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.21 REPEALED

History

Authority: T.C.A. §§ 4-3-2009, 4-515, and 4-526.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024.

Tenn. Comp. R. & Regs. 1340-01-08-.22 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-532.
Administrative History: Original rule filed February 14, 1977; effective March 16, 1977. Repeal filed October 30, 2023; effective January 28, 2024. 1340-01-08-23 REPEALED. Authority: T.C.A. §§ 4-3-2009 and 4-514(f).

Chapter 1340-01-09 Repealed

Tenn. Comp. R. & Regs. 1340-01-09 Repealed

RULES

OF TENNESSEE DEPARTMENT OF SAFETY

HIGHWAY PATROL DIVISION -- 1 of 1 --

Chapter 1340-01-10 Motor Vehicle Accident Prevention Course for Liability Insurance Premium Reduction

Tenn. Comp. R. & Regs. 1340-01-10-.01 PURPOSE

To establish a system for the application, approval, regulation and standardization of Motor Vehicle Accident Prevention Courses by the Tennessee Department of Safety. Drivers over the age of 55 who successfully complete a motor vehicle accident prevention course approved by the Department of Safety shall qualify for a reduction of premiums for automobile liability insurance.

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal and new rule filed December 16, 2010; effective May 31, 2011. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-01-10-.02 DEFINITIONS

(1) “Commissioner” shall mean the Commissioner of the Tennessee Department of Safety.

(2) “Department” shall mean the Tennessee Department of Safety.

(3) “Motor Vehicle Accident Prevention Course” shall mean a classroom or online curriculum of driver safety training consisting of not less than eight (8) hours which has been approved by the Department.

(4) “Motor Vehicle Accident Prevention Course Instructor” shall mean an individual who is approved by the Department for the purpose of conducting a Motor Vehicle Accident Course.

(5) “Motor Vehicle Accident Prevention Course Provider” shall mean an entity approved by the Department to operate and conduct a Motor Vehicle Accident Prevention Course.

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal and new rule filed December 16, 2010; effective May 31, 2011. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-01-10-.03 MOTOR VEHICLE ACCIDENT PREVENTION COURSE PROVIDER

REQUIREMENTS.

(1) An entity which proposes to offer a Motor Vehicle Accident Prevention Course must submit an application and all required documentation at https://www.tn.gov/safety/driver-services/-driver-education-courses--traffic-schools-.html. Upon submitting application, a nonrefundable application fee in the amount of one hundred fifty dollars ($150.00), must be mailed to the Department at the address provided at the time of application.

(2) Upon initial approval, the applicant will be provided a letter of approval by the Department.

The letter shall be maintained on file and provided upon request.

(3) A provider will be required to submit an annual renewal application, required documentation, and application fee in the amount of fifty dollars ($50.00) through the same process as an original applicant.

(4) A provider must provide a minimum of eight (8) hours of classroom or online driver safety training which has been determined by the Department to meet or exceed the standards of the American Automobile Association, National Safety Council or other recognized curriculum that has been submitted for review and approved by the Department and which is designed to educate drivers over the age of 55 in motor vehicle accident prevention. Such entities may seek the Department directly on any requests to be approved as a provider.

(5) A provider will issue a certificate of completion to each student who has successfully completed the Motor Vehicle Accident Prevention Course. Such certificate shall have thereon the student's full name, driver license number, or date of birth if driver license number is unavailable, course name, hours completed and the Motor Vehicle Accident Prevention Course Provider's name and address.

(6) A provider must comply with or exceed the minimum standards set forth herein.

(7) A provider must only use Instructors who meet the qualifications set forth herein.

(8) A provider must maintain the following records for a period of three (3) years and ensure that such records are available for inspection by the Department during business hours:

(a) A roster of each class, listing the course name, location, Instructor's full name, student names, driver license numbers or date of birth if the driver license number is unavailable.

(b) A receipt for each student stating the student's full name, driver license number or date of birth if the driver license number is unavailable, and amount paid.

(c) Course material, which shall include the most recent material to teach crash prevention, and safe and defensive driving.

(d) Any other records that may be required by the Department.

(9) A provider must ensure compliance with all Department rules and regulations.

(10) A provider must update any change(s) in information on the application or any change in ownership or instructors through the department’s online portal within seven (7) business days.

(11) A provider must be open for periodic on-site inspection by the Department, with or without notice.

(12) A provider shall not hire any person as an Instructor or otherwise who is an employee of the Department.

(13) A provider shall comply with the requirements of the Americans with Disabilities Act.

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal and new rule filed December 16, 2010; effective May 31, 2011. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-01-10-.04 MOTOR VEHICLE ACCIDENT PREVENTION COURSE INSTRUCTOR

REQUIREMENTS.

(1) Motor Vehicle Accident Prevention Course Instructors must:

(a) Be at least twenty-one (21) years of age;

(b) Submit documentation verifying applicant possesses a high school diploma or a General Education Diploma;

(c) Have and maintain a valid driver license that has not been revoked, suspended or cancelled for any reason in the three (3) years preceding the date of hire;

(e) Not be an employee of the Department; and, (f) Submit documentation that applicant has successfully completed a Driver Education Instructor's Development Course operated by:

The American Automobile Association;
National Safety Council; or 3. Another certified Instructor Development Course submitted and determined by the Department to meet or exceed the standards of the American Automobile Association or National Safety Council. Such entities may seek the Department directly on any requests to be approved as a provider.

(2) The Instructor shall maintain current certification on file with the department through the online portal.

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal and new rule filed December 16, 2010; effective May 31, 2011. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-01-10-.05 DENIAL, REVOCATION OR SUSPENSION

(1) The Department may deny, revoke or suspend a Motor Vehicle Accident Prevention Course Provider or Instructor for any violation of the law, rules or regulations relating to the operation of a Motor Vehicle Accident Prevention Course.

(2) The Department may deny, revoke or suspend the Motor Vehicle Accident Prevention Course Provider or Instructor for actions including, but not limited to, the following:

(a) Conviction of a Provider or Instructor for a felony or any crime involving violence, dishonesty, deceit, fraud or indecency.

(b) Knowingly presenting false or misleading information to the Department.

(c) Failure or refusal to permit the Department to inspect, audit or investigate the Motor Vehicle Accident Prevention Course Provider's premises, the course instruction records, financial records, etc.

(d) Failure to submit the application with supporting documentation and/or the required fees within the prescribed time limit.

(e) Failure to maintain Department-approved standards in instruction, equipment or facilities.

(f) The presence of alcoholic beverages or narcotic drugs on the premises.

(g) The presence of any type of weapon on the premises, except a weapon carried by a commissioned law enforcement officer or an individual with an authorized and valid carry permit.

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-01-10-.06 HEARINGS

(1) Any Provider or Instructor of a Motor Vehicle Accident Prevention Course who has been denied, revoked or suspended shall have the right to request a hearing in writing within thirty (30) days of the date of written notification of such action.

(2) The hearing shall be before the Commissioner or the Commissioner's designee and held in accordance with the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-101 et seq.).

History

Authority: T.C.A. §§ 4-5-101, et seq. and 55-10-301
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal and new rule filed December 16, 2010; effective May 31, 2011. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-01-10-.07 REPEALED

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal filed December 16, 2010; effective May 31, 2011.

Tenn. Comp. R. & Regs. 1340-01-10-.08 REPEALED

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal filed December 16, 2010; effective May 31, 2011.

Tenn. Comp. R. & Regs. 1340-01-10-.09 REPEALED

History

Authority: T.C.A. § 56- 7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal filed December 16, 2010; effective May 31, 2011.

Tenn. Comp. R. & Regs. 1340-01-10-.10 REPEALED

History

Authority: T.C.A. § 56-7-1107.
Administrative History: Original rule filed January 25, 1984; effective April 15, 1984. Repeal filed December 16, 2010; effective May 31, 2011.

Chapter 1340-01-11 Tennessee Motorcycle Rider Education Program

Tenn. Comp. R. & Regs. 1340-01-11-.01 PURPOSE

To establish uniform standards and system for administering a Motorcycle Rider Education Program, as defined herein, under the provisions of T.C.A. Title 55, Chapter 51.

History

Authority: T.C.A. § 55-25-102.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Repeal and new rule filed August 9, 2006; December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.02 DEFINITIONS

(1) Rider Coach Trainer. A licensed motorcycle operator who meets the standards established by the Department of Safety to qualify to train and oversee Rider Coaches for the Motorcycle Rider Education Program.

(2) Commissioner. The Commissioner of the Tennessee Department of Safety.

(3) Director. The Director of the Driver Control Division.

(4) Department. The Tennessee Department of Safety.

(5) Motorcycle Rider Education Program. The motorcycle training and information disbursement plan created in T.C.A. §55-51-102.

(6) Motorcycle Rider Safety Fund. The restricted receipts accounts created in T.C.A. §55-51-104 to be applied toward the costs of administering the Motorcycle Rider Education Program.

(7) Program Coordinator. The person designated by the director to plan, organize and administer the Motorcycle Rider Education Program as provided in T.C.A. §55-51-102(b).

(8) Rider Training Course. A motorcycle rider education curriculum and delivery system approved by the Department as meeting standards designed to develop and instill knowledge, attitudes, habits and skills necessary for the safe operation -of a motorcycle.

(9) Training Specialist. The person(s) designated by the Director to assist in establishing rider training courses throughout the State, support and implement program and funding guidelines and supervise instructors and other persons as necessary.

(10) Rider Coach. A licensed motorcycle operator who meets the standards as set forth in T.C.A §55-51-103, and additional qualifications established by the Department.

(11) Advisory Committee. A committee consisting of five (5) members, including a chairman, appointed by the Commissioner to assist the development of the Motorcycle Rider Education Program as provided for in T.C.A. §55-51-105.

(12) Driving Range. A practice area meeting the guidelines set forth by the Department set aside for the operation of motorcycles as part of the Motorcycle Rider Education Program.

(13) Sponsor. Any public or private agency, organization, school, partnership, corporation, or individual certified by the Department to provide motorcycle education courses.

(14) Examiner Instructor. An instructor who teaches a minimum of five (5) courses each calendar year and who meets the evaluation criteria established by the Program Coordinator for issuing student Certificates of Completion.

History

Authority: T.C.A. §§ 55-51-101, 55-51-102, 55-51-103, and 55-51-105.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment to rule filed May 31, 2000; effective September 28, 2000. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.03 RIDER TRAINING COURSE

(1) The rider training course will include a minimum of 5 hours of classroom instruction and a minimum of 10 hours of on-cycle instruction.

(2) The rider training course shall be taught by a Department certified instructor(s).

(3) The rider training course shall be open to all residents of the State who hold a current valid Tennessee driver license for any classification, or who are eligible for a Tennessee motorcycle learner permit (Class P-M) or motorcycle driver license (Class M).

(4) The rider training course curriculum shall be the same as that used by the Motorcycle Safety Foundation or its equivalent.

(5) The rider training course shall be limited to a class size not to exceed twenty-four (24) students.

(6) There will be a minimum of one (1) Rider Coach per twenty-four (24) students during classroom instruction.

(7) There will be a minimum of two (2) Rider Coaches per twelve (12) students during the driving range on-cycle instruction.

(a) An experienced Rider Coach may teach, alone, a maximum of eight (8) students on the driving range. An experienced instructor is defined as a certified Rider Coach who has taught, as primary instructor, a minimum of five (5) BRC rider courses, and approval documented by the Site Coordinator, prior to teaching alone.

(8) There will be a maximum of twelve (12) students and two (2) Rider Coaches utilizing the driving range while on-cycle instruction is in progress.

(9) Students under the age of fifteen (15) shall be limited to the use of motor-driven cycles with an engine displacement not to exceed one-hundred twenty-five cubic centimeters (125 cc), unless prior approval is given by the Program Coordinator.

(10) Students fifteen (15) years-of-age or older, shall be limited to the use of a motorcycle with an engine displacement not to exceed three- hundred fifty cubic centimeters (350cc) unless prior approval is given by the Program Coordinator.

(11) Students may at the discretion of the Rider Coach, use their own motorcycle, provided the motorcycle passes a safety inspection conducted by the Rider Coach. Proof of ownership and current insurance must be provided.

(12) Each student enrolled in the rider training course shall be provided:

(a) State of Tennessee Driver's Manual.

(13) Each student enrolled in the rider training course shall wear a minimum of the following protective gear while participating in the on-cycle phases of instruction.

(a) Approved helmet.

Must meet U.S. Department of Transportation (DOT) and State standards.

Helmets with labels from the American National Standards Institute (ANSI), or Snell Memorial Foundation give you added assurance of quality.

Must fit snugly, all the way around.
Shall be free of obvious defects such as cracks, loose padding, or frayed straps.

(b) Eye and face protection.

Goggles, plastic faceshields, windshield or glasses containing impact resistant lenses shall be considered approved eye and face protection.

Gloves should be made of leather or heavy cloth and shall not be fingerless.

(d) Over-the-ankle footwear.

Boots or shoes shall be high enough to cover the anklebone and provide sturdy support and protection from burns and abrasions.
Footwear shall have low heels (if any) and have a high traction sole.

(e) Long-sleeved shirt/jacket.

Shall be made of leather or denim or a equivalent abrasive resistant material.

(f) Long pants.

Shall be non-flared pants, made of leather or denim or a equivalent abrasive resistant material.

History

Authority: T.C.A. §§ 55-51-102 and 55-51-103.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment filed May 31, 2000; effective September 28, 2000. Repeal and new rule filed August 9, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.04 RIDER COACH QUALIFICATIONS

(1) The Rider Coach must meet the qualifications set out in T.C.A. § 55-51-103.

(2) The Rider Coach must be at least eighteen (18) years of age.

(3) The Rider Coach must hold a valid Tennessee motorcycle driver license (Class M) or motorcycle endorsement.

(4) The Rider Coach must have at least two (2) years of recent motorcycle road-riding experience, encompassing strategies for dealing with street traffic and advanced turning and braking skills.

(5) The Rider Coach driver’s license must not have been suspended, cancelled, or revoked at any time during the preceding two (2) years.

(6) The Rider Coach must not have any convictions for driving under the influence of alcohol or drugs or violation of the implied consent law during the preceding five (5) years.

(7) The Rider Coach must not have a felony conviction of any type or any misdemeanor conviction for any crime involving fraud, deceit, or misrepresentation.

(8) The Rider Coach must have completed the basic rider training course (BRC) at an M.R.E.P. approved site within twelve (12) months prior to beginning a Rider Coach Preparation (R.C.P.) workshop.

(9) The Rider Coach shall demonstrate a knowledge of the course material, knowledge of safe motorcycle operating practices, and the necessary aptitude for instructing students.

(10) When certified, the Rider Coach must have an instructor certificate that has been issued by the department.

(11) The Rider Coach shall maintain and utilize the M.R.E.P. uniform (shirt) during course instruction and whenever representing the M.R.E.P.

(12) The Rider Coach must be registered as a current active instructor by the Motorcycle Safety Foundation (MSF).

(13) The Rider Coach shall teach a minimum of one M.R.E.P. approved course each calendar year.

(14) The Rider Coach must attend state sponsored updates or equivalent with approval from the State Coordinator.

(15) A candidate to become a Rider Coach must be interviewed prior to RCP by the state coordinator and rider coach trainer for the RCP.

(16) A candidate to become a Rider Coach must be currently operating a motorcycle on a frequent basis.

History

Authority: T.C.A. § 55-51-103.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment filed December 30, 1991; effective March 30, 1992. Amendment filled May 31, 2000; effective September 28, 2000. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.05 RIDER COACH TRAINER QUALIFICATIONS

(1) The Rider Coach Trainer shall meet the qualifications set forth for instructors as stated in

chapter 1340-01-11-.04.

(2) The applicant for Rider Coach Trainer must have taught at least twelve (12) Department approved or Motorcycle Safety Foundation (MSF) rated courses prior to submitting the application for Rider Coach Trainer.

(3) To be considered as a applicant for Rider Coach Trainer, the instructor must have taught at least five (5) years as a MSF or Department approved instructor.

(4) The Rider Coach Trainer must also have an approved chief instructor certificate which has been issued by the Department.

(5) The Rider Coach Trainer must be recommended by the Site Coordinator and have three letters of recommendation by current M.R.E.P. rider coaches.

(6) The Rider Coach Trainer must also demonstrate the ability and quality to train and oversee instructors by Q.A.R process for the Motorcycle Rider Education Program.

History

Authority: T.C.A. § 55-25-101.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.06 SPONSOR REQUIREMENTS

(1) Any public or private agency, organization, school, partnership, corporation or individual that agrees to comply with the rules set forth herein may apply for sponsorship certification.

(2) Sponsors agree to conduct rider training courses that meet or exceed Department standards.

(3) Sponsors must use only Department certified instructors.

(4) Sponsors must obtain and maintain adequate insurance coverage on the students, all equipment, instructors and the sponsor, with a minimum policy combined single limit of one (1) million dollars. Included in this is liability insurance, motorcycle damage coverage, uninsured motorists coverage, and medical payments coverage.

(a) The Tennessee Department of Safety will be named as additional insured and shall be held harmless in any litigation.

(b) Proof of said insurance must be presented to the Program Coordinator prior to sponsor certification.

(5) Sponsors shall be responsible for all phases of the rider training course including, but not limited to:

(a) Assuring all departmental rules and regulations are complied with;

(b) Maintaining accurate records of all program cost, student participation, accident and incident reports and providing these records to the Program Coordinator for inspection upon request;

(d) Securing and maintaining the classroom and driving range sites;

(e) Ensuring that all participants complete a release, waiver and indemnification form supplied by the Department; and, (f) Providing any additional records or reports as requested by the Program Coordinator.

(6) Sponsor certification shall expire one (1) year from the date of issuance.

History

Authority: T.C.A. § 55-25-102.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.07 COURSE SITE REQUIREMENTS

(1) The Commissioner or designated representative in conjunction with the State Coordinator shall have the final authority for approval or denial of any new program or site in order to insure the most efficient use of state funds. Consideration will be given, but not limited to:

Sites in areas, demand for training in the area, and the course to be offered.

(2) The rider training course riding range shall meet or exceed standards set forth by the Motorcycle Safety Foundation and the Tennessee Motorcycle Rider Education Program.

(a) Be within a reasonable distance of the classroom and storage area, so as not to interfere with the training schedule.

(b) Should measure at least 160' x 260'.

(d) Be free of obstacles.

(e) Be as level as possible (a slope of more than three (3) degrees may hinder learning).

(f) Have adequate "run off" room (minimum of twenty (20) feet).

(g) Be free of pedestrian and vehicular traffic during all on-cycle sessions.

(h) Be an adequate distance from neighbors to minimize complaints of noise and activity.

(i) Always have available, a complete first aid kit and a class "A" fire extinguisher.

(j) Meet or exceed all M.S.F. current course requirements.

(3) All training sites shall meet the following minimum requirements for the classrooms.

(a) A room with desks and chairs for all students.

(b) Comfortably accommodate twenty-four (24) students.

(d) Have adequate access to restrooms and drinking water.

(e) Be within a reasonable distance of the range and storage area, so as not to interfere with the training schedule.

(4) All training sites will meet the following minimum motorcycle and equipment storage requirements.

(a) Provide a physical facility that will store all motorcycle and necessary training equipment and supplies.

(b) Physical facility will not infringe on the range "run off" area.

(c) Will provide adequate security from fire, theft and vandalism in accordance with all laws, ordinances and building codes.

(5) Any modifications, changes, alterations or exceptions to the training site requirements must receive prior approval from the Program Coordinator.

(6) Rider training course sites shall be approved by the Program Coordinator prior to commencement of the Rider training course.

(a) M.S.F. Rider Education Recognition Program application and Range Information Forms must be completed and have the State Coordinator’s signature prior to presentation to M.S.F approval.

History

Authority: T.C.A. §§ 55-51-102 and 55-51-103.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment filed May 31, 2000; effective September 28, 2000. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.08 ADVISORY COMMITTEE

(1) The advisory committee shall consist of five (5) members, including a chairman, appointed by the Commissioner.

(2) One (1) member selected shall reside from each grand division of the State, two (2) members shall be selected from the State at large, and not more than two (2) members shall be residents of the same grand division.

(a) Two (2) members shall be qualified motorcycle wholesalers, dealers, or retailers licensed in Tennessee. All shall be of good moral character and each shall have been actually engaged in the distribution or sale of motorcycles in this State for not less than three (3) consecutive years preceding such appointment, and each shall have the necessary qualifications for the applicable license under title 55, chapter 17, and be the holder of such license at all times while a member of the committee.

(b) Two (2) members shall be consumer members of the advisory committee who shall be citizens of this State, who shall have a valid motorcycle driver license (Class M), and who shall have no interest, direct or indirect, in the commercial manufacture or sale of motorcycles.

(3) The committee shall also monitor the program upon its implementation and report to the Commissioner as necessary with recommendations including, but not limited to, the administration, application and substance of the program.

(4) The committee shall meet at the call of the Commissioner.

(5) Members shall serve without compensation for their services but may be reimbursed for their travel expenses while engaged in business of the committee.

(6) All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgated by the Department of Finance and Administration and approved by the Attorney General.

History

Authority: T.C.A. § 55-25-105.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.09 TUITION FEES

(1) A sponsor may charge reasonable fees to cover the costs of conducting a rider-training program. The total fees charged by a sponsor who accepts a subsidy grant to provide for the start up costs shall not exceed two hundred fifty dollars ($250.00) per student, per basic rider training course (BRT), and one hundred fifty dollars ($150.00) per participant, per experienced rider training course (ERT). A private sponsor accepting no start up subsidy may set their own fee for the BRT and ERT.

(a) Each sponsor shall, by July 1 of each year, submit to the Program Coordinator, in writing, his or her training fees.

(2) The department shall enter into a direct grant authority with each new sponsor approved by the department in order to subsidize the start-up costs incurred in establishing a local ridertraining program.

(3) The Department shall enter into a direct grant with each program in order to subsidize start up costs of additional sites without a program, (no more than three thousand dollars, $3000.00).

(a) The maximum number of subsidy grants issued shall not exceed one (1) per new sponsor and the maximum number of statewide subsidy grants shall be established annually by the Department.

(b) The expansion grant shall not exceed (1) per year, per program.

(c) The subsidy grant shall be used exclusively for defraying the start-up costs associated with equipment, training curriculum materials, facility rental, required liability insurance coverage, and other costs as determined by the Program Coordinator.

History

Authority: T.C.A. §§ 55-51-102 and 55-51-104.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment filed December 30, 1991; effective March 30, 1992. Amendment filed May 31, 2000; effective September 28, 2000. Amendment filed December 15, 2004; effective April 29, 2005. Repeal and new rule filed August 8, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.10 GENERAL REGULATIONS

(1) Any and all Certificates of Certification issued by the Department may be suspended by the Director upon the recommendation of the Program Coordinator for any violation of the rules and regulations governing the Motorcycle Rider Education Program.

(2) The suspension of any certificate shall be for a period of time to be determined by-the Director, but in no event shall be less than ninety (90) days.

(3) No alcoholic beverages of any type or narcotic drugs will be consumed or stored on the premises of the training site.

(4) Any authorized representative of the Department shall be permitted to inspect the rider training course site at any time during regular business hours, or during the conducting of a program.

History

Authority: T.C.A. § 55-25-102.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment filed August 9, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.11 SUSPENSION, REVOCATION OR DENIAL OF CERTIFICATE(S)

(1) Revocation of Certificate(s) - The Director shall, upon receipt of satisfactory evidence from the Program Coordinator, suspend, revoke, refuse to issue or refuse to renew the certificate(s) of a site coordinator, rider coach trainer, or rider coach if:

(a) The holder of any certificate fails or refuses to comply with the provision of T.C.A.

Title 55, Chapter 51, or any rule or regulation adopted there under;

(b) The holder of any certificate has made a false material statement or has concealed a material fact in connection with his application;

(c) The holder of any certificate has been guilty of a fraudulent practice in attempting to obtain for himself or another a certificate.

(d) Written notice of the Cancellation of Insurance required by the regulations herein is received by the Director and the certificate holder does not present satisfactory evidence of insurance to the Director prior to the effective date of the cancellation;

(e) The holder of any certificate fails to maintain the minimum qualification established herein.

(2) Return of Suspended or Revoked Certificate.

(a) The holder of any certificate that has been revoked or suspended, must return said certificate to the Director or his designated representative within five (5) days of the date of notification of suspension.

History

Authority: T.C.A. §§ 55-25-101, 55-25-102, and 55-25-103.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Repeal and new rule filed August 9, 2006; effective December 29, 2006.

Tenn. Comp. R. & Regs. 1340-01-11-.12 CERTIFICATE OF COMPLETION FOR STUDENTS

(1) Upon successful completion of a State certified Motorcycle Rider Education Course, (BRC/ERC), each individual will be given a certificate showing that he or she has successfully completed said course.

(2) Individuals who have successfully completed a State certified Motorcycle Rider Education Course, (BRC/ERC), shall be exempt from taking the written motorcycle knowledge test and the ability skills test at the Driver License Examining Stations. These individuals shall be required only to take the visual examination for a motorcycle driver license-restricted (Class M-Restricted), a motorcycle learner permit (Class P-M), or a motorcycle driver license (Class M), which ever applies.

(3) Individuals who are fourteen (14) or fifteen (15) years of age and elect not to participate in a state certified Motorcycle Rider Education Course, must pass the written, visual and ability skills tests at a Tennessee Driver License Examination Station prior to receiving a restricted motorcycle license (Class M-Restricted), or a motorcycle learner permit (Class P-M), respectively.

(4) Individuals who have previously successfully completed the written, visual and ability skills tests, or who hold a certificate from a state certified Motorcycle Rider Education Course, must, at the age of sixteen (16), return to a Tennessee Driver License Examination Station and upgrade their restricted license or permit to a regular motorcycle driver license (Class M) to retain the privilege of operating a motorcycle.

History

Authority: T.C.A. §§ 55-51-102 and 55-51-107.
Administrative History: Original rule filed June 30, 1988; effective September 28, 1988. Amendment filed May 31, 2000; effective September 28, 2000. Amendment filed August 9, 2006; effective December 29, 2006.

Chapter 1340-01-12 Issuance of Motorcycle License and Motorcycle Learner's Permit (Class M), (Class P.M.)

Tenn. Comp. R. & Regs. 1340-01-12-.01 PURPOSE

To establish uniform standards and systems for the issuance of motorcycle driver licenses (Class M) and motorcycle learner’s permit (Class P-M), as defined herein, under the provision of T.C.A.

Title 55, Chapter 7.

History

Authority: T.C.A. §55-7-103.
Administrative History: Original rule filed August 4, 1988; effective November 29, 1988.

Tenn. Comp. R. & Regs. 1340-01-12-.02 DEFINITIONS

(1)Commissioner. The commissioner of the Tennessee Department of Safety.

(2)Director. The Director of the Driver Control Division.

(3)Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor or motorized bicycle.

(4)Motorcycle Bicycle. A vehicle with two (2) or three (3) wheels, and automatic transmission, and a motor with a cylinder capacity not exceeding fifty (50) cubic centimeters which produces no more that two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty (30) miles per hour on level ground.

(5)Motor Driven Cycle. Every motorcycle, including every motor scooter, with a motor that produces a maximum of five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding onehundred and twenty-five cubic centimeters (125cc).

(6)Autocycle. Means an enclosed motorcycle that is equipped with safety belts, rollbar, windshield, wiper, steering wheel and equipment otherwise required on a motorcycle and which has not more that tree (3) wheels in contact with the roadway at any one (1) time.

(7)Driver. Every person who drives or is in actual physical control of a motor vehicle upon a highway.

(8)Passenger. Any individual(s) who is carried, transported or otherwise moved on or in a vehicle that is not the driver.

(9)Motorcycle Driver License. (Class M) The License issued to a person that is a least sixteen (16) years of age, to operated a motorcycle, after successfully completing the requirement set herein.

(10)Motorcycle Driver License Limited. (Class M-limited) The license issued to an individual for the operation of a motor driven cycle or moped, but does not include a motorcycle.

(11)Motorcycle Learner’s Permit. (Class P-M.) A special permit that is issued allowing minors fifteen (15) years of age to drive a motorcycle after meeting the standards and provision set herein.

(12)Motor Driven Cycle License. (Restricted) This special class license issued to minors between the ages of fourteen (14) and sixteen (16), shall be restricted to the operation of a motor driven cycle, or a motorized bicycle as defined herein. The use of the license shall be valid for use in daylight hours only for travel to authorized locations as specified on an attachment and by any other restrictions deemed appropriate by the department and set forth in administrative rules and regulations.

(13)Motorcycle Rider Education Program. The motorcycle training and information disbursement plan created in T.C.A. §55-25-102

History

Authority: T.C.A. §§55-1-103, 55-8-10, 55-7-101, and 55-25-102.
Administrative History: Original rule filed August 4, 1988; effective November 29, 1988.

Tenn. Comp. R. & Regs. 1340-01-12-.03 ISSUANCE OF MOTORCYCLE LICENSE

(CLASS M).

(1)Any person who is at least sixteen (16) years of age and a legal resident of this may apply for a motorcycle license. (Class M)

(2)This application must be made at a driver examination station that has been designated by the Commissioner or his designated representative as a motorcycle testing center.

(3)Applicants who have successfully completed the written and visual phase of the examination will be permitted to take the ability skills test.

(4)Applicants must bring a motorcycle that meet all state laws and standard to the testing center.

(5)Applicants shall not be permitted to operated or drive the motorcycle to the testing center.

(6)Applicants who successfully pass all phases of the examination will be issued a motorcycle license.

(Class M)

(7)Any applicants who fail any phase of the examination will not be issued a motorcycle license, (Class M) nor will they be permitted to operated the/a motorcycle until they have been issued a motorcycle license. (Class M)

(8)Applicants who bring a certificate of completion from a state certified motorcycle rider education course shall be exempt from taking the ability skills test at the motorcycle driver examination testing center.

(9)Applicants who are under the age of eighteen (18) must comply with T.C.A. §55-7-104(7a).

History

Authority: T.C.A. §55-7-103.
Administrative History: Original rule filed August 4, 1988; effective November 29, 1988.

Tenn. Comp. R. & Regs. 1340-01-12-.04 ISSUANCE OF MOTORCYCLE LEARNER’S PERMIT, CLASS P.M

(1)Minors who are fifteen (15) years of age and a legal resident of this state, may apply for a motorcycle learner’s permit (Class P-M)

(2)This application must be made at a driver examination station that has been designated by the Commissioner or his representative as a motorcycle testing center.

(3)Applicants who successfully complete the written and visual phase of the examination will be permitted to take the ability skills test.

(4)Applicants must bring a motorcycle that meet all state laws and standards to the testing center.

(5)Applicants shall not be permitted to operate or drive the motorcycle to the testing center.

(6)Applicants who successfully complete all phases of the motorcycle licensing examination will be issued a motorcycle learner’s permit. (Class P-M)

(7)Any applicants who fail any phase of the examination will not be issued a motorcycle learner’s permit, (Class P-M) nor will they be allowed to operate a motorcycle until they have successfully passed all phases of the examination.

(8)Application who bring a certificate of completion from a state certified motorcycle rider education course, shall be exempt from taking the ability skills test.

(9)Individual who are issued a motorcycle learner’s permit (Class P-M) license shall be restricted to the following:

(a)Shall not carry a passenger(s)

(b)Shall be limited to daylight to daylight hours only.

(c)Shall be restricted from use of the Interstate systems (d)Shall be limited to a twenty (20) mile radius of driver’s home.

(e)Shall be limited to the operation of a motorcycle with a maximum engine size of six hundredfifty cubic centimeters (650cc)

(10)At the age of sixteen (16) (no later than ninety (90) days after their birthday) the holder of a motorcycle learner’s permit (Class P-M) license must return to driver examination station and upgrade their motorcycle learner’s permit (Class P-M) to a motorcycle license (Class M) to retain the privilege of operating a motorcycle.

(11)Applicants must comply with T.C.A §55-7-104(7a)

History

Authority: T.C.A. §55-7-103.
Administrative History: Original rule filed August 4, 1988; effective November 29, 1988. 13401-1-12-.05 ISSUANCE OF MOTOR DRIVEN CYCLE OR MOTORIZED BICYCLE LICENSE. (1)Applicants for motorized bicycle or motor driven cycle license must apply at a driver examination station that has been designated as a motorcycle testing center. (2)Applicants who successfully complete the written and visual phase of the examination will be permitted to take the ability skills test. (3)Applicants must bring a motorized bicycle or a motorcycle driven cycle (whichever applies) that meet all state laws and standards to the testing center. (4)Applicants shall not be permitted to operated or drive the motorized bicycle or motor driven cycle to the testing center. (5)Applicants who successfully completes phases of the licensing examination will be issued a motorized bicycle or motor driven cycle license, whichever applies.. (6)Applicants who fail any phases of the examination will not be issued a license, nor will they be allowed (7)Applicants who are minors must comply with T.C.A. §55-7-104(7a). (8)Motor driven cycle license issued to minors between the ages or fourteen (14) and sixteen (16) shall be valid only between the hours of 4:00am and 8:00pm within a seven mile radius of the driver’s home. (9)Motorized bicycle license issued to persons between the ages of fourteen (14) and sixteen (16) shall be valid only during daylight hours and within a seven (7) mile radius of the driver’s home. Authority: T.C.A. §55-7-103.

Tenn. Comp. R. & Regs. 1340-01-12-.06 CRASH HELMET STANDARDS

(1)It is hereby established that standards for crash helmet shall be the one set forth by the U.S.

Department of Transportation and all helmets used must meet or exceed these standards.

(2)Crash helmets must be worn during all on cycle testing and whenever the motorcycle, motor driven cycle, motorized bicycle is in motion.

(3)Crash helmet must fit snugly and the chin strap must be properly fastened.

History

Authority: T.C.A. §55-9-302.
Administrative History: Original rule filed August 4, 1988; effective November 29, 1988.

Chapter 1340-01-13 Classified and Commercial Drivers Licenses and Temporary Driver Licenses

Tenn. Comp. R. & Regs. 1340-01-13-.01 PURPOSE

To establish uniform standards and systems for administering Temporary Driver Licenses and Classified and Commercial Driver Licenses, as defined herein, under the provisions of T.C.A. §§ 55-50-101, et seq.

History

Authority: T.C.A. §§ 55-50-202, 55-50-322, 55-50-331, 55-50-331(g), 55-50-338, and 55-50-410; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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. Amendment filed December 3, 2007; effective April 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-13-.02 DEFINITIONS

(1) Applicant means an individual who applies to obtain, transfer, upgrade, renew, or reinstate a driver or photo identification license.

(2) Cancellation of License means the annulment or termination by formal action of the Department of a person’s driver or photo identification license because the licensee is no longer entitled to such license, due to either an error or defect in the license or application, or to a failure to maintain standards of eligibility, as defined by T.C.A. Title 55, Chapter 50.

(3) Certificate for Driving means a certificate issued to persons whose presence in the United States has been authorized by the federal government for a specific purpose and for a specific time and who meet identification and residency requirements required by the Department in 1340-01-13-.12. Such certificate shall be clearly distinguishable from a driver license and shall clearly display on its face a phrase similar to “FOR DRIVING PURPOSES ONLY - NOT VALID FOR IDENTIFICATION”.

(4) Certificate for Driving –Types:

(a) Type TD. The certificate that must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26,000) pounds or less, or any combination of vehicles with a G.C.W.R. of twenty six thousand (26,000) pounds or less, and are not included in the definitions of Class A, B, C or M.

(b) Type TH. A special type of certificate issued to a minor between fourteen (14) and sixteen (16) years of age and restricted to the operation of a Class D or a Class M vehicle.

(c) Type TM. The certificate that must be issued and valid for the operation of a motorcycle, motor driven cycle or a motorized bicycle as defined in Chapter 1340-01- 12.

(d) Type TP. An instructional permit to allow the operator to drive a particular class of vehicle on an instructional basis only. Issued only in conjunction with a certificate for driving indicating the class of vehicle(s) which the operator is legally entitled to operate.

(5) Certified Driving Instructor means any person who gives driver training or who offers a course in driver training, and is certified by the Department under 1340-01-06.

(6) Chauffeur means every person whose primary job duty consists of operating a motor vehicle more than fifty percent (50%) of the time, and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.

(7) Code of Federal Regulations (C.F.R.) means a reference to the most current version issued.

(8) Commercial Driver License means a license issued by the Department in accordance with the standards contained in 49 Code of Federal Regulation (C.F.R.) §§ 383 (1992) and 391 (1989) to an individual which gives the authorization to operate a class of commercial motor vehicle.

(9) Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(a) Has a gross vehicle weight rating (G.V.W.R.) or gross combination weight rating (G.C.W.R.) in excess of twenty-six thousand (26,000) pounds;

(b) Is designed to transport more than fifteen (15) passengers, including the driver;

(c) Is of any size and used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, 49 U.S.C. App. 1801 et seq., and which must be placarded, under the Hazardous Materials Regulations 49 C.F.R. §§ 172.500 et seq. (1993); or (d) Is used as a school bus.

(10) Commissioner means the Commissioner of the Tennessee Department of Safety.

(11) Company means a corporation, partnership, joint venture or sole proprietorship, which includes federal, state, county agencies and municipalities.

(12) Controlled Substance means any substance classified under Section 102(6) of the Controlled Substances Act, 21 U.S.C. § 802(6), and includes all substances listed on Schedules I through V, of 21 C.F.R. § 1308 (1985), as they may be revised from time to time.

(13) Conviction means:

(a) An unvacated adjudication of guilt or a determination that a person has violated, or failed to comply with, the law in a court of original jurisdiction or an authorized administrative tribunal;

(b) An unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court;

(c) A plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost; or (d) A violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(14) Department means the Tennessee Department of Safety acting directly or through its duly authorized officers and agents.

(15) Disqualification means:

(a) The suspension, revocation, cancellation, or any other withdrawal by a State of a person’s privileges to drive a commercial motor vehicle, (b) A determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in 49 C.F.R. § 386 (1991) that a person is no longer qualified to operate a commercial motor vehicle under 49 C.F.R. § 391 (1989) or;

Domicile, State of means a person’s fixed, permanent, and principal home for legal purposes and to which he/she has the intention of returning whenever he/she is-absent.

(17) Driver means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(18)

Driver License means a license issued by the Department, a state or other jurisdiction, to a person which authorizes the person to operate a motor vehicle on the highways.

(19) Driver Licenses - Classes:

(a) Class A. The license which must be issued and valid for the operation of any combination of motor vehicles with a G.C.W.R. in excess of twenty-six thousand (26,000) pounds, provided the motor vehicle or trailers being pulled have a G.V.W.R. in excess of ten thousand (10,000) pounds.

(b) Class B. The license which must be issued and valid for the operation of any single vehicle with a G.V.W.R. in excess of twenty-six thousand (26,000) pounds, and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds.

(c) Class C The license which must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26,000) pounds or lessor any combination of vehicles with a G.C.W.R. of twenty-six thousand (26,000)-pounds or less. This class applies to vehicles which are required to be placarded for hazardous materials, designed to transport more than fifteen (15) passengers including the driver, or used as school buses.

(d) Class D. The license which must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26,000) pounds or less, or any combination of vehicles with a G.C.W.R. of twenty six thousand (26,000) pounds or less, and are not included in the definitions of Class A, B, C or M.

(e) Class H. A special class license which may be issued to a minor between fourteen (14) and sixteen (16) years of age and restricted to the operation of a Class D or Class M vehicle.

(f) Class M. The license which must be issued and valid for the operation of a motorcycle, motor driven cycle or a motorized bicycle as defined in Chapter 1340-01-12.

(g) Class P. An instructional permit to allow the operator to drive a particular class of vehicle on an instructional basis only. Issued only in conjunction with another class indicating the class of vehicle(s) which the operator is legally entitled to operate.

(20) Emancipated Minor means a child who has been granted the status of adulthood by court order, marriage or enlistment in the United States armed forces.

(21) Endorsements mean special authorizations required to be displayed on Class A, B, or C driver licenses which permit the driver to operate certain types of commercial motor vehicles; or special authorization required to be displayed on Class D licenses to operate the vehicle as a chauffeur.

(a) “Double/Triple.” The endorsement required on a commercial class license to permit the licensee to operate a vehicle authorized to pull more than one (1) trailer.

(b) “Hazardous Materials.” The endorsement required on a commercial class license to permit the licensee to operate a vehicle required to be placarded for transporting hazardous materials as defined in the Hazardous Materials Transportation Act, 49 U.S.C. App. 1801 et seq., and by 49 C.F.R. §§ 177.500 et seq. (1993).

(c) “Cargo Tank.” The endorsement required on a commercial class license to permit the licensee to operate a vehicle which is designed to transport, as its primary cargo, any liquid or gaseous materials within a tank which is either permanently or temporarily attached to the vehicle or the chassis, with the tank having a designed capacity of one thousand (1,000) gallons or more.

(d) “Passenger.” The endorsement required on a commercial class license to permit the licensee to operate a vehicle designed to transport more than fifteen (15) passengers, including the driver. Passenger capacity is determined by the manufacturer’s design, or legal modification, whichever is greater.

(e) “School Bus.” The endorsement required on a commercial class license to permit the licensee to operate a vehicle being used as a school bus.

(f) “For-Hire.” The endorsement required to permit a licensee to operate a Class D vehicle as a chauffeur.

(22) Felony means any offense under State or Federal law that is punishable by death or imprisonment for a term exceeding one (1) year.

(23) Fraud means deceit, trickery, misrepresentation, or subterfuge.

(24) Gross Combination Weight Rating (G.C.W.R.) means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of such value specified by the manufacturer, G.C.W.R. will be determined by adding the Gross Vehicle Weight Rating of the power unit and the total weight of the towed unit and any load thereon, or the registered weight rating.

(25) Gross Vehicle Weight Rating (G.V.W.R.) means the value specified by the manufacturer as the maximum loaded weight of a single vehicle, or the registered weight rating.

(26) Hardship means a circumstance which would cause extreme privation and/or suffering.

(27) Hazardous Materials means the term as defined under 49 U. S.C. §§ 1801, 1802, and 1803.

(28) Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(29) Intrastate Commerce means any trade, traffic, or transportation within the geographical boundaries of any State.

(30) Interstate Commerce means any trade, traffic, or transportation in the United States which is between a place in a State and a place outside of such State, including a place outside of the United States, or is between two (2) places in a state through another State or a place outside of the United States.

(31) Lawful Permanent Resident means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.

(32) License means driver license or photo identification license.

(33) Minor means any person who has not attained the age of eighteen (18) years.

(34) Motor Vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this State, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

(35) Nonresident means every person who is not a resident of Tennessee.

(36) Operator means every person who drives, or who is in actual physical control of, a motor vehicle upon a highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(37) Passenger means any individual who is not the driver of, but who is carried, transported or otherwise moved on or in, a motor vehicle.

(38) Person means every natural person, firm, co-partnership, association, or corporation.

(39) A Photo Identification License means a license issued for identification purposes only, and which grants no authorization to operate any motor vehicle.

(40) Recreational Vehicle means every motor vehicle primarily designed as temporary living quarters for recreational camping or travel, as defined in American National Standards Institute (ANSI) Standards A 119.2 and A 119.5. The basic entities are: travel trailer, camping trailer, truck camper, motor home, and park trailer.

(41) Representative Vehicle means a motor vehicle which represents the type of motor vehicle that an applicant operates or expects to operate.

(42) Resident means every person that makes Tennessee their state of domicile, or lives in Tennessee for a period of time exceeding thirty (30) days, has taken employment or would qualify as a registered voter.

(43) Revocation of Driver License means the termination by formal action of the Department of a person’s driver license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the Department after the expiration of at least one (1) year after the date of revocation, and after all statutory and regulatory requirements for reinstatement have been met.

(44) School means any educational entity serving to satisfy the compulsory attendance requirement as defined by T.C.A. § 49-6-3001.

(45) School Bus means every motor vehicle designed to pick up and discharge children on highways in order to transport them to or from school or school-related activities, and which vehicle is operated for compensation.

(46) Secretary means the Secretary of Transportation of the United States.

(47) Serious Traffic Violation means both criminal and civil convictions, when operating a commercial motor vehicle, of (a) Excessive speeding, involving any single offense for an), speed of fifteen (15) miles per hour or more above the posted speed limit;

(b) Reckless driving, as defined under T.C.A. § 55-10-205;

(d) Following too closely;

(e) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or injury to any person or property; or (f) Any other violation of a state or local law, ordinance, or resolution relating to motor vehicle traffic control, other than a parking violation, which the Secretary determines pursuant to 49 C.F.R. § 383.5 (1993) to be serious.

(48) State means a State of the United States and the District of Columbia.

(49) Suspension of Driver License, Temporary Driver License or Certificate for Driving means the temporary withdrawal by formal action from the Department of a person’s driver license, temporary driver license, certificate for driving or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the Department, not to exceed six (6) months for any first offense except as provided otherwise under law.

(50) Temporary Driver License means a license issued by the Department to an individual which authorizes the individual to operate a motor vehicle on the highways for the individual’s authorized period of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.

(51) Temporary Driver Licenses – Classes:

(a) Class XD. The temporary driver license that must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26,000) pounds or less, or any combination of vehicles with a G.C.W.R. of twenty six thousand (26,000) pounds or less, and are not included in the definitions of Class A, B, C or M.

(b) Class XH. A special class of temporary driver license which may be issued to a minor between fourteen (14) and sixteen (16) years of age and restricted to the operation of a Class D or a Class M vehicle.

(c) Class XM. The temporary driver license that must be issued and valid for the operation of a motorcycle, motor driven cycle, or a motorized bicycle as defined in

Chapter 1340-01-12.

(d) Class XP. An instructional permit to allow the operator to drive a particular class of vehicle on an instructional basis only. Issued only in conjunction with a temporary driver license indicating the class of vehicle(s) which the operator is legally entitled to operate.

(52) Temporary Photo Identification License means a temporary license issued for identification purposes only, and which grants no authorization to operate a motor vehicle. A temporary photo identification license shall be valid only during the period of time of the individual’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year.

(53) United States means the fifty (50) States and the District of Columbia.

(54) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(55) Violation means the same as conviction as defined under 1340-01-13-.02.

History

Authority: T.C.A. §§ 4-5-202, 39-11-106, 55-50-102, 55-50-102(18), 55-50-102(29), 55-50-202, 55-50- 302, 55-50-312, 55-50-321, 55-50-331, 55-50-336, 55-50-410, and 55-50-601; 21 C.F.R. § 1308 (1985); 49 C.F.R. §§ 172 (1993), 383 (1992), 386 (1991), and 391 (1989); Public Acts of 2007, Chapter 194; Public Acts of 2004, Chapter 778; 21 U.S.C § 802; 49 U.S.C § 1802 and 1803; and Title XII, Public Law 99-570, §§ 12009 and 12019.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. Emergency rule filed March 22, 2006; effective through September 3, 2006. Amendment filed March 31, 2006; effective July 28, 2006. 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.

Tenn. Comp. R. & Regs. 1340-01-13-.03 DRIVER LICENSE AND TEMPORARY DRIVER LICENSE CLASSIFICATIONS

(1) An original classified/commercial driver license shall be issued to any qualified applicant for the purpose of legally operating a commercial and/or non-commercial motor vehicle. No person shall have more than one (1) driver license.

(2) Requirements for determining the driver license classification are as follows:

(a) Class A (Commercial Driver License) - Required for any person who operates a combination vehicle with a G.C.W.R. in excess of twenty-six thousand (26,000) pounds; provided the vehicle being towed is in excess of ten thousand (10,000) pounds G.V.W.R.

Persons holding a valid Class A license may operate Class B, and Class C vehicles as long as any required endorsements appear on the license, and Class D vehicles, but not Class M vehicles unless this class is also issued in conjunction with the Class A license.

(b) Class B (Commercial Driver License) - Required for any person who operates a single vehicle with a G.V.W.R. in excess of twenty-six thousand (26,000) pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds G.V.W.R.

Persons holding a valid Class B license may also operate any vehicle for which a Class C license is required if the required endorsements appear on the license, or any Class D vehicle but not Class M vehicles unless this class is also issued in conjunction with the Class B license. Class B license holders arc not entitled to operate Class A vehicles.

(c) Class C (Commercial Driver License) - Required for any person who operates a single vehicle with a G.V.W.R. not in excess of twenty-six thousand (26,000) pounds, when the vehicle is required to be placarded for transportation of hazardous materials, designed to transport more than fifteen (15) passengers, including the driver, or used as a school bus.

Persons holding a valid Class C license may also operate Class D vehicles, but not Class M vehicles unless this class is also issued in conjunction with the Class C license. Class C license holders are not entitled to operate Class A or Class B vehicles.

(d) Class D (Non-Commercial Driver License) - Required for any person who operates a single vehicle with a G.V.W.R. not in excess of twenty-six thousand (26,000) pounds, or a combination vehicle with a G.C.W.R. not in excess of twenty-six thousand (26,000) pounds, except vehicles in Classes A, B, C or M or vehicles which require a special endorsement unless the proper endorsement appears on the license.

(e) Class H (Non-Commercial) - A special class license which may be issued to a minor at least fourteen (14) years of age but not yet sixteen (16) years of age, only in cases where review of required documentation substantiates a family hardship and that is limited to a specific need.

A person holding a valid Class H license may operate Class D (passenger) or Class M (motor-driven cycle) vehicles only. However, to drive a Class M vehicle, the applicant shall be required to take the Class M driving test in addition to the Class D test.
Valid only for daylight hours, but no earlier than 5:00 a.m. and no later than 7:00 p.m. No exceptions.
Valid only for travel to pre-authorized locations that are specified on the authorization letter.
Passengers are limited to immediate family members only.
A person holding a valid Class H license is not allowed to tow other vehicles or trailers.
Approved for the most direct routes only with a mileage limitation of 25 miles, one way.
Destinations that will be considered for approval with appropriate justification include:

(i) School – only if no bus transportation is provided;

(ii) Extracurricular School Activities – only if no bus transportation is provided and these activities are school sponsored or are accredited courses and extreme privation exists;

(iii) Work – only if income is required to help financially support the family (proof of combined gross income in the form of a copy of previous year’s income tax record may be required); and (iv) Medical – only for serious illnesses of immediate family members. Family members may include parents, grandparents, stepparents or legal guardians if living in the same household as applicant. Documentation required from physician.

(v) Hardship destinations as determined by the Commissioner.

If the holder of the Class H license is at least fifteen (15) years of age, the Class H license may be used as a learner permit for Class D vehicles, as long as all other requirements pertaining to the appropriate Class P license are met.

(f) Class M (Non-Commercial Driver License) - Required for any person who operates motorcycles as defined in Chapter 1340-12-01. May be issued in conjunction with another class of license i.e., Class AM.

(g) Class P (Commercial/Non-Commercial Driver License) - Required for any person who is learning to operate a particular class of vehicle on an instructional basis only.

Issued only in conjunction with another license class, and must indicate the other class of vehicle(s) the applicant is legally entitled to operate.

(3) Requirements for determining the temporary driver license classification are as follows:

(a) Class XD (Non-Commercial Temporary Driver License). Required for any person whose presence in the United States has been authorized by the federal government for a specific purpose and for a specified period of authorized stay or who does not satisfy the requirements of T.C.A. §§ 55-50-331(g) or 55-50-321(c)(1)(C) who operates a single vehicle with a G.V.W.R. not in excess of twenty-six thousand (26,000) pounds, or a combination vehicle with a G.C.W.R. not in excess of twenty-six thousand (26,000) pounds, except Classes A, B, C or M or vehicles which require a special endorsement unless the proper endorsement appears on the license.

(b) Class XH (Non-Commercial Temporary Driver License). A special class temporary driver license which may be issued to a minor at least fourteen (14) years of age but not yet sixteen (16) years of age, only in cases where review of required documentation substantiates a family hardship and that is limited to a specific need.

A person holding a valid Class XH temporary driver license may operate Class D (passenger) or Class M (motor-driven cycle) vehicles only. However, to drive a Class M vehicle, the applicant shall be required to take the Class M driving test in addition to the Class D test.
Valid only for daylight hours, but no earlier than 5:00 a.m. and no later than 7:00 p.m. No exceptions.
Valid only for travel to pre-authorized locations that are specified on the authorization letter.
Passengers are limited to immediate family members only.
A person holding a valid Class XH temporary driver license is not allowed to tow other vehicles or trailers.
Approved for the most direct routes only with a mileage limitation of 25 miles, one way.
Destinations that will be considered for approval with appropriate justification include:

(i) School – only if no bus transportation is provided;

(ii) Extracurricular School Activities – only if no bus transportation is provided and these activities are school sponsored or are accredited courses and extreme privation exists;

(v) Hardship destinations as determined by the Commissioner.

If the holder of the Class XH temporary driver license is at least fifteen (15) years of age, the Class XH temporary driver license may be used as a learner permit for Class D vehicles, as long as all other requirements pertaining to the appropriate Class XP temporary driver license are met.

(c) Class XM (Non-Commercial Temporary Driver License). The temporary driver license that must be issued and valid for the operation of a motor driven cycle, or a motorized bicycle as defined in Chapter 1340-01-12.

(d) Class XP (Non-Commercial Temporary Driver License). An instructional permit to allow the operator to drive a particular class of vehicle on an instructional basis only. Issued only in conjunction with a temporary driver license indicating the class of vehicle(s) that the operator is legally entitled to operate.

(4) An original photo identification license or temporary photo identification license shall be issued to any qualified applicant for identification purposes only with no authorization to operate any motor vehicle.

History

Authority: T.C.A. §§ 4-5-202, 55-50-102, 55-50-102(20), 55-50-202, 55-50-311, 55-50-312, 55-50-321, 55-50-331, 55-50-336, 55-50-401, 55-50-404, and 55-50-410; Public Acts of 2004, Chapter 778; 49 C.F.R. § 383 (1992); Public Acts of 2007, Chapter 194; and Title XII, Public Law 99-570, §§ 12005, 12009, and 12019.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. Emergency rule filed March 22, 2006; effective through September 3, 2006. Amendment filed March 31, 2006; effective July 28, 2006. 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.

Tenn. Comp. R. & Regs. 1340-01-13-.04 ENDORSEMENTS

(1) Special endorsements are required by law for the operation of certain motor vehicles.

Endorsements do not stand alone, but are issued only in conjunction with a classified license to those who are found eligible pursuant to 1340-01-13-.08.

(2) Endorsements may be added or removed upon initial application for a license, as well as at any time during a renewal cycle.

(3) Endorsements issued by the State of Tennessee are required as follows:

(a) Double/Triple Trailers (T) - Required for operation of a commercial motor vehicle authorized to pull more than one (1) trailer;

(b) Hazardous Materials (H) - Required for operation of a commercial motor vehicle which is required by federal law to be placarded for hazardous materials;

(c) Cargo Tank (N) - Required for operation of a commercial motor vehicle that transports, as its primary cargo, any liquid or gaseous materials within a tank permanently or temporarily attached to the vehicle or chassis, when the tank has a designed capacity of one thousand (1,000) gallons or more, (d) Cargo Tank and Hazardous Materials (X) - Required for operation of a commercial motor vehicle requiring both the cargo tank and the hazardous material endorsement;

(e) Passenger (P) - Required for operation of a commercial motor vehicle designed to transport more than fifteen (15) passengers including the driver;

(f) School Bus (S) - Required for operation of a commercial motor vehicle designed to pick up or discharge children on a highway in order to transport them to or from school or school-related activities, and operated for compensation; or (g) For-Hire (F) - Required of a chauffeur for operation of a Class D vehicle, including Class XD temporary driver license holders. Not required for persons holding Commercial Driver Licenses.

History

Authority: T.C.A. §§ 55-50-102, 55-50-202, 55-50-321, and 55-50-331; Public Acts of 2007, Chapter 194; Public Acts of 2004, Chapter 778; 49 C.F.R. § 383 (1992); and 49 U.S.C.A. 2701, et seq.
Administrative History: 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. Amendment filed December 3, 2007; effective April 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-13-.05 INSTRUCTIONAL PERMITS

(1) A Class P license is an instructional permit issued only in conjunction with another class indicating the class of vehicle(s) which the operator is legally entitled to operate.

(2) Applicants for a Class PA, PB, PC or PD license or Class XPD temporary driver license must meet all requirements of the particular class license or temporary driver license for which they are applying, except for the demonstration of driving skills. Applicants for a Class PM license or Class XPM temporary driver license must meet requirements specified in 1340-01-12.

(3) Students learning to drive a Class D vehicle are not required to obtain a Class PD license or XPD temporary driver license if all conditions specified in 1340-01-13-.07(1)(d) are satisfied.

(4) Conditions under which holders of Class P license or Class XPD temporary driver license are permitted to operate motor vehicles are as follows:

(a) A Class PD license or Class XPD temporary driver license holder shall be permitted to operate a Class D vehicle whenever accompanied by a licensed driver who is at least twenty-one years old, fit and capable of exercising physical control over the vehicle and occupying a seat beside the driver; provided further that:

If all conditions necessary for a minor to operate a Class D vehicle with a Class PD license or Class XPD temporary driver license are met, holders of a Class H license or Class XH temporary driver license shall be entitled to the Class PD or XPD privileges.

(b) A Class PM license holder shall satisfy the requirements specified in 1340-01-12 in order to operate a Class M vehicle.

(c) While operating a commercial motor vehicle, holders of Class PA, PB, or PC licenses shall be accompanied at all times by a driver who holds a valid C.D.L. for the class of commercial motor vehicle being operated, who has operated that class of vehicle for at least one year, who is at least twenty-one (21) years of age, who is fit and capable of exercising physical control over the vehicle, and who is occupying a seat beside the driver.

(5) A Class P license expires one (1) year from the date of issuance.

History

Authority: T.C.A. §§ 55-50-102, 55-50-202, 55-50-304, 55-50-311, 55-50-323, 55-50-331, 55-50-337, and 55-50-338; Public Acts of 2007, Chapter 194; Public Acts of 2004, Chapter 778; and 49 C.F.R. § 383.23 (1992).
Administrative History: 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.

Tenn. Comp. R. & Regs. 1340-01-13-.06 PHOTO IDENTIFICATION LICENSES

(1) Applicants for photo identification license may be of any age, and:

(a) Must show proof of their identity and proof of their date of birth;

(b) If a resident of Tennessee, hold no other class of license;

(c) If under the age of eighteen (18), must satisfy the additional requirements specified in 1340-01-13-.13(1)(a); and (d) Must have an original or certified document showing that the applicant is either a United States citizen or lawful permanent resident of the United States.

(2) Applicants for temporary photo identification license may be of any age, and:

(a) Must show proof of their identity and Tennessee residency;

(b) Hold no other class of license;

(c) If under the age of eighteen (18), must satisfy the additional requirements specified in 1340-01-13-.13(1)(a); and (d) Must show proof that presence in the United States has been authorized by the federal government for an authorized purpose and for a specified period of authorized stay.

(3) Photo identification licenses expire and may be renewed in the same manner as other class licenses, except;

(a) No late fees apply;

(b) If the licensee is over sixty-five (65) years of age, the license does not have an expiration date, but will continue to be valid until canceled or replaced; and (c) If the applicant furnishes proof of mental retardation or of a physical disability, the Department may issue a permanent photo identification license which does not have an expiration date, but will continue to be valid until canceled or replaced.

(4) Temporary photo identification licenses shall expire at the end of the individual’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, after a period of one (1) year.

(5) Any applicant who does not have, or who states that the applicant has never been issued a social security number required by T.C.A. § 55-50-321(c)(1)(A), shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number, shall provide either an original or a certified copy of one of the following:

(a) A birth certificate issued by Tennessee or another state or a possession, territory or commonwealth of the United States; or (b) Documentation issued by the United States Department of Homeland Security acceptable to the Department.

History

Authority: T.C.A. §§ 55-50-102, 55-50-202, 55-50-311, 55-50-321, 55-50-323, 55-50-331, and 55-50- 336; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed October 22, 2002; effective January 5, 2003. 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.

Tenn. Comp. R. & Regs. 1340-01-13-.07 EXEMPTIONS FROM CLASSIFIED AND COMMERCIAL LICENSING

(1) Driver licenses are not required for drivers who operate the vehicles described below, under the conditions specified for each:

(a) Any member of the armed forces, reserves, and national guard while operating a motor vehicle owned or leased by any branch of the armed services of the United States;

(b) Any person while driving or operating any road machine, farm tractor, or implement of husbandry operated or moved on a highway for the purposes of conducting agricultural or construction operations;

(c) Nonresidents at least sixteen (16) years old who have in their immediate possession a valid driver license issued by their home state or country, provided that the out of state license is equivalent to the class license required in Tennessee, and provided that thirty (30) days after residency is established, a Tennessee class license is obtained; and (d) Students pursuing driver training course in a public school or a private secondary school approved by Tennessee’s Commissioner of Education or by a recognized regional or national accrediting agency, or in a duly licensed commercial driver training school, provided that:

The student is operating a Class D motor vehicle bearing the school’s identification, and is accompanied at all times by an instructor certified and registered by the Tennessee Department of Education.

(2) Commercial driver licenses are not required for drivers who operate the vehicles described below, under the conditions specified for each:

(a) Vehicles which are controlled and operated by a farmer or nurseryman that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier and are used within one hundred fifty (150) miles of the person’s farm or nursery;

(b) Vehicles designed and used solely as emergency vehicles which are necessary for the preservation of life or property, or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation.

This exemption shall apply to vehicles operated by paid or non-paid personnel;

(c) Vehicles of the United States Department of Defense when operated by military personnel on active duty, members of the Reserves and National Guard on active duty including personnel on full-time National Guard duty, personnel on part-time training and National Guard military technicians or civilians who are required to wear military uniforms and are subject to the code of military justice;

(d) Vehicles designed and used primarily as recreational vehicles as defined in 1340-01- 13-.02; or (e) Vehicles leased strictly and exclusively to transport personal possessions or family members for non-business purposes.

(3) Drivers who operate the vehicles described in subpart (2) above must comply with all requirements specified elsewhere in 1340-01-13-.03 and 1340-01-13-.04 for a Class D license with the proper endorsement.

(4) For up to six (6) months, non U.S. citizens who are employed in managerial or technical positions in this State may operate under a valid driver’s license issued by another state, country, or international body.

History

Authority: T.C.A. §§ 55-50-102 and 55-50-304; 49 C.F.R. § 383 (1992); and Title XII, Public Law 99-570, § 12013.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996.

Tenn. Comp. R. & Regs. 1340-01-13-.08 GENERAL ELIGIBILITY STANDARDS

(1) Eligibility requirements for a Tennessee driver license, intermediate license, photo identification license, instructional permit, temporary driver license, temporary intermediate driver license, temporary photo identification license and temporary instructional permit:

(a) To be eligible to apply for a driver license, intermediate license, photo identification license or instructional permit, applicants are required to be a resident of Tennessee and a United States citizen or a lawful permanent resident of the United States.

(b) To be eligible to apply for a temporary driver license, temporary intermediate driver license, temporary photo identification license or temporary instructional permit, an applicant’s presence must be authorized by the federal government for a specific

purpose and for a specified period of authorized stay, provided that no temporary license shall be issued for a period of less than one (1) year or longer than five (5) years. Such applicant shall be a resident of Tennessee and meet all other identification and residency requirements required by the Department.

(2) If an applicant is found to be eligible to apply for a license or temporary driver license, before that license or temporary driver license is issued, all requirements regarding the proper submission of an application must be satisfied, including, but not limited to, passing all necessary vision, knowledge and/or skills tests and paying all appropriate fees and fines.

(3) To be eligible to apply for commercial classes, endorsements, and instructional permits, applicants must meet the following standards:

(a) Age - applicants must be at least twenty-one (21) years of age, except that:

Persons nineteen (19) years of age shall be permitted to apply for a Class A or B license, provided that until they reach the age of twenty-one (21) they shall be restricted to operating vehicles which do not require special endorsements, solely in intrastate commerce, within one hundred (100) miles of the driver’s place of employment or home terminal.
Persons eighteen (18) years of age shall be permitted to apply for Class B license, provided that until they reach the age of twenty-one (21) they shall be restricted to operating vehicles which do not require special endorsements, solely in intrastate commerce, within one hundred (100) miles of the driver’s place of employment or home terminal.

(b) Physical and mental standards - Unless otherwise specified in 1340-01-13.-09, applicants shall meet the physical and mental standards as specified in 49 C.F.R. § 391.41 (1989).

(c) Driver license status - Applicants’ privilege to drive shall not be under disqualification, suspension, cancellation, revocation, or denial in this or any other state.

(4) To obtain any endorsement required to be added to a commercial driver license in order to operate a specific commercial motor vehicle, the applicant must meet the same standards specified for Classes A, B, C, PA, PB, and PC, except that:

(a) Applicants for the School Bus (S) endorsement shall have at least five (5) years of unrestricted licensed driving experience.

Those employed by public school systems shall present or have on file with the Department a current certificate of eligibility issued by the local school system; and, upon renewal, shall have attended all required in-service trai ning.
Those employed by private school systems shall present or have on file with the Department a letter verifying their employment.

(5) Applicants for Class D licenses or Class XD temporary driver licenses must meet the minimum standards:

(a) Age - Applicants must be at least sixteen (16) years of age, provided that applicants under eighteen (18) years of age shall fulfill all additional requirements specified in

Tenn. Comp. R. & Regs. 1340-01-13-.09 MENTAL AND PHYSICAL STANDARDS

(1) Any person about whom the Commissioner or his or her designee has good cause to believe would not be able, because of physical or mental disabilities, to operate a motor vehicle in compliance with rules of the road as set forth in T.C.A. Title 55, Chapter 8 is prohibited from being eligible for licensing, except that:

(a) Any person who has been previously adjudged to be afflicted with or suffering from any mental disability or disease including substance abuse, who has at the time of application been restored to competency by court order, order from the superintendent of the mental facility, or other such method provided by law, must apply through the Driver Improvement Section to receive a clearance/reinstatement order to present as

part of his or her application; and (b) In cases where the Department receives a report regarding a license holder’s mental or physical fitness pursuant to 1340-01-04-.06, the licensee shall be eligible to apply for a license only after meeting all requirements contained in that subsection as evidenced by the presentation of an approval letter from the Department.

(2) In addition, applicants for non-commercial driver licenses, and applicants for commercial driver licenses exempted from the federal standards by subparagraph (3) shall meet the following minimum physical and mental standards:

(a) Applicants who have physical disabilities that can be compensated for by the use of physical controls or mechanical devices which enable the applicant to safely operate a motor vehicle may be licensed if they meet all other appropriate eligibility criteria and pass the skills tests set forth in 1340-01-13-.15 in vehicles where such controls or devices are operational and are noted on the license as a restriction as specified by

Tenn. Comp. R. & Regs. 1340-01-13-.10 VISION STANDARDS

(1) Applicants for commercial driver licenses shall pass a vision test with the minimum qualifications as specified in 49 C.F.R. § 391 (1989) unless they are exempted from meeting federal physical and mental standards by 1340-01-13-.09. If exempt, they shall meet the general vision standards set forth below.

(2) Operators of non-commercial vehicles shall pass the general vision requirements if their visual acuity is at least 20/40 (Snellen) or better, each eye separately, and both eyes together.

(3) Applicants for either commercial or non-commercial licenses who fail to meet the applicable vision screening requirements shall be provided an eye specialist form to be completed by a licensed ophthalmologist or optometrist of their choice.

(4) Applicants for non-commercial licenses who present a completed eye specialist form shall pass the vision tests under the following conditions:

(a) Applicants with 20/60 (Snellen) or better, each eye separately and both eyes together, shall pass with or without corrective lenses. These applicants shall be restricted to driving motor vehicles with both left and right outside rear-view mirrors.

(b) Applicants with 20/40 (Snellen) or better, one eye (other eye 20/60 to blind), shall pass with or without corrective lenses. These applicants shall be restricted to driving motor vehicles with both left and right outside rear-view mirrors.

(5) Applicants able to meet the vision standards only with corrective lenses shall be restricted to operating motor vehicles only when such lenses are worn.

SUMMARY

Visual Acuity Restrictions 20/40 or better - - None (unless corrective lenses are right eye and left eye needed to achieve visual acuity) 20/40 or better one eye * Corrective lenses (if applicable) 20/60 to blind other eye Outside rear-view mirrors 20/60 or better - - * Corrective lenses (if applicable) right eye and left eye Outside rear-view mirrors *NOTE: These persons shall be required to supply the eye statement provided by the Department and completed by a licensed ophthalmologist or optometrist.

Applicants failing to meet any of the above standards shall be failed (6) Low Vision Guidelines (Bioptic Lens and/or Telescopic Lens Wearer). Applicants for Class D, PD, or H licenses who are handicapped by low vision acuity, but who otherwise qualify for a driving privilege may be licensed under the following guidelines:

(a) Qualifications:

The applicant shall have acceptable mobility.

(i) Other than vision, the applicant shall not be impaired in the movement of the eyes, head or neck, 2. The applicant shall be free of all mental impairments.

Prior to application, the bioptic wearer shall complete training in driving with a bioptic telescopic lens(es) from a driving instructor certified in this field.

(b) Requirements:

The applicant shall have a visual acuity of at least 20/200 with the best conventional non-telescopic corrective lens(es), and a full visual field.

(i) The central field vision loss shall not exceed five (5) degrees.

The applicant’s visual acuity with the bioptic telescope shall be at least 20/60.

(i) The power of the bioptic telescope shall not exceed four power (4x).

(ii) The bioptic telescopic lens(es) may be fit either monocularly or binocularly, but shall be located superior to the normal line of gaze.

The applicant shall have a horizontal visual field diameter of no less than one hundred fifty (150) degrees without the use of field expanders.
The applicant shall present certification of having completed training in the use of a bioptic telescope for driving purposes.

(i) This certification shall be obtained from an optometrist or ophthalmologist identified by a recognized professional organization as one especially qualified in the field of Low Vision care or, (ii) from a Certified Rehabilitation Person.

The applicant shall present certification of having completed a certified driver education course. This course must have been completed while the applicant was wearing the bioptic telescopic lens(es).
The applicant shall present a report from the Low Vision specialist on a form supplied by the Department which contains the following information:

(i) Patient’s vital data;

(ii) Date the system was dispensed;

(iii) Complete information regarding the visual requirements outlined above;

(iv) Diagnosis of the visual condition and an apparent date of onset; and (v) A statement concerning the stability of the condition (progressive, stable, or undetermined).

This report shall not be written until the applicant has used the system at least sixty (60) days, and shall have been conducted within six (6) months of the date of the application.
From the initial report date, the applicant shall re-submit annually an updated report.

(i) If there has been a change in stability, a re-examination may be required.

Listed below are restrictions that may or may not be required. Restrictions shall not be limited to the following, but shall include any other restriction deemed necessary by the doctor of the licensee or the advisory board for low vision acuity.

(i) Daylight driving only (ii) Fifty (50) m.p.h. maximum speed (iii) Outside rear-view mirrors (left/right)

(iv) Certain area and time restrictions (I) Occasionally because of a visual defect and its observed affect on the driving performance, restriction may be necessary to a certain area or time.

(v) No interstate driving 2. Basic training requirements:

(i) The minimum training requirements for wearers of bioptic telescope lens(es) shall include the following:

(I) Locating stationary objects within the telescopic field of view, by aligning the object directly next to the telescopic lens(es), and then moving his/her head and his/her eyes simultaneously to see the object with the telescope.

(II) Locating a moving object in a large field of vision by anticipating future movement, so that by moving his/her head and eyes in a coordinated fashion he/she can locate the moving object within the telescopic field.

(III) Training in brief visual exposure with the deviation of exposure diminished constantly to simulate short-looking time while driving.

(IV) Experiencing riding as a passenger in a motor vehicle and also walking, so that he/she has actually experienced moving while objects are changing position.

(ii) Training in the use of bioptic-telescopic lens(es) does not entitle the wearer to a driver license. It only assists him/her to qualify on the vision portion of the testing.

(7) The vision standards in this rule applicable to non-commercial driver license shall also apply to applicants for and holders of temporary driver licenses.

History

Authority: T.C.A. §§ 55-50-202, 55-50-322, 55-50-331, and 55-50-410; Public Acts of 2007, Chapter 194; Public Acts of 2004, Chapter 778; and 49 C.F.R. § 391.41 (1989).
Administrative History: 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. Amendment filed December 3, 2007; effective April 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-13-.11 APPLICATION REQUIREMENTS

(1) Applicants for commercial driver licenses, non-commercial driver licenses, intermediate driver licenses, instructional permits, photo identification licenses, temporary driver licenses, temporary intermediate driver licenses, temporary instructional permits and temporary photo identification licenses shall complete in full an application prior to the issuance of such licenses and permits.

(2) Each application shall state: full legal name; date and place of birth; sex; race; county of residence; current legal residential address; height; weight; hair color; eye color; social security number; questions pertaining to the financial responsibility laws and to physical conditions; and any other information the Department may require to determine the applicant’s identity, competency, and eligibility.

(3) Applicants shall present positive proof of date of birth and identity, and verification of additional items as shall be required, including social security number and change of name.

Acceptable primary identification and verification documents shall include but not be limited to those specified in 1340-01-13-.12.

(4) Applicants shall submit with their application the appropriate fee for the license or temporary license, including any required endorsement fees and a non-refundable application fee.

(5) Applicants shall surrender any license in possession at the time of application, except for outof-state identification cards.

(6) Applicants under eighteen (18) years of age must also fulfill the requirements specified in

Tenn. Comp. R. & Regs. 1340-01-13-.12 PROOF OF DATE OF BIRTH, RESIDENCY, LAWFUL PERMANENT RESIDENCY,

AND IDENTIFICATION.

(1) The Driver License Examiner will require positive proof of date of birth, residency, and identification of any person applying for any class of 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.

(2) Acceptable primary identification will include original or certified documents with full name and date of birth, such as the following items as approved by the Department of Safety:

(a) Certified/Original Birth Certificate (b) Military Identification (c) Valid Foreign Passport or Permanent Resident Card (d) Out-of-State License/Another Country’s License (e) Marriage License/Certificate (f) Federal Census Record (g) Applicant’s Own Child’s Birth Certificate (h) Adoptive Decree (i) Legal Change of Name (as recorded in court decree)

(j) Military Discharge (for separation from service)

(k) Any confirmation of date of birth in court of law (l) U.S. Department of Homeland Security documentation (m) Social Security Number Verification (n) Valid or expired U.S. Passport (o) Any other documentary evidence which confirms to the satisfaction of the Department the true identity and date of birth of the applicant.

(3) If the Department has reason to question the authenticity of any document provided, the Department shall confirm the authenticity of the document(s). If the document(s) cannot be authenticated to the satisfaction of the Department, the document(s) shall not be accepted.

(4) In addition to the primary identification, verification of the Social Security Number is required for applicants for commercial driver licenses and may be required for applicants for other classes of driver or photo identification licenses. Acceptable verification includes original, computer generated or typed documents containing the Social Security Number such as:

(a) Social Security Card itself, not metal or plastic replicas (b) Out-of-State Driver License (c) Military Records: IDEA, Assignment orders, DD-214, Selective service card (d) Social Security Print Out (e) IRS Forms and W-2 Forms (f) Health Insurance Card (g) Medicaid/Medicare Cards (h) Computer Printouts of Bank Statements, and Saving Account Statements (i) Work ID’s (j) Computerized Check Stubs (k) Union Membership Cards.

(5) The following documents are acceptable for name changes:

(a) Certified or original Marriage Certificate (b) Certified Court Order (c) Certified Divorce Decree (d) Military Identification (e) Any other documentary evidence which confirms to the satisfaction of the Department the applicant’s name change.

(6) The following document is required for gender changes:

(a) A statement from the attending physician that necessary medical procedures to accomplish the change in gender are complete.

(7) An applicant seeking to obtain a driver license, intermediate driver lic ense, instructional permit, photo identification license, temporary driver license, temporary intermediate driver license, temporary instructional permit or temporary photo identification license upon initial issuance shall provide acceptable proof of residency which shall consist of providing two (2) documents including, but not limited to, the following, which must include the applicant’s name or the name of the applicant’s spouse, if the applicant has a spouse, or if the applicant is a minor, the name of a parent or legal guardian:

(a) Utility bill, including telephone service, showing a valid Tennessee residence address;

(b) Bank Statement showing a valid Tennessee residence address;

(d) Employer verification acceptable by the Department;

(e) Automobile, Life, or Health Insurance Policies showing a valid Tennessee residence address;

(f) Driver License issued by State of Tennessee to a parent, legal guardian or spouse;

(g) Tennessee motor vehicle registration showing a valid Tennessee residence address;

(h) Internal Revenue Service Tax Reporting W-2 form;

(i) Receipt for personal or real estate taxes paid within the last year showing a valid Tennessee resident address;

(j) In the case of a student enrolled in a public or private education institution in this state, the student may provide a photo student I.D. and documentation acceptable to the Department that the student resides on campus.

(8) Should an applicant be unable to provide two (2) of the documents described in paragraph (7), the applicant may provide acceptable proof of residency by providing one (1) of the documents listed in paragraph (7) and one (1) of the following:

(a) The Individual Taxpayer Identification Number (ITIN) issued by the Internal Revenue Service resulting from the submission of a Form W-7 to the Internal Revenue Service;

(b) Form I-94 issued to the applicant by the U.S. Department of Homeland Security;

Department of Homeland Security;

(d) I-551 issued to the applicant by the U.S. Department of Homeland Security.

History

Authority: T.C.A. §§ 55-50-202, 55-50-303, 55-50-321, and 55-50-331; Public Acts of 2007, Chapter 194; Public Acts of 2004, Chapter 778; and 49 C.F.R. § 383.153 (1992).
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed August 27, 2001; effective December 28, 2001. Amendment filed May 7, 2002; effective September 27, 2002. 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.

Tenn. Comp. R. & Regs. 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 fol lowing 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:

Intermediate Restricted Driver License or Intermediate Restricted Temporary Driver license applicants must:

(i) Have possessed a valid learner permit (Class PD or Class XPD) for at least 180 days;

(ii) Be age sixteen (16) or older;

(iii) Provide the Certification of 50 Hours Behind the Wheel Driving Experience signed by a parent, guardian or licensed driving instructor;

(iv) Have less than 6 points on their driving record during the 180 days immediately preceding the application date;

(v) 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.

Intermediate Unrestricted Driver License or Intermediate Unrestricted Temporary Driver License applicants must:

(i) 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;

(ii) Be age seventeen (17) or older;

(iii) Have a driving record that has:

(I) Less than six (6) points;

(II) No at-fault traffic crash;

(III) No 2 nd seatbelt violations.

(iv) 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.

Applicants may qualify to obtain a regular driver license or temporary driver license (Class D or Class XD) if they:

(i) Are age eighteen (18) or older, or if they:

(ii) 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.

History

Authority: T.C.A. §§ 49-6-3017, 55-30-311, 55-50-312, 55-50-331, and 55-50-336; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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.

Tenn. Comp. R. & Regs. 1340-01-13-.14 FEES

(1) Fees required for licenses consist of a nonrefundable application fee and the license fee itself, but may also include late fees and/or a fee for special funds such as the Motorcycle Rider Safety Fund. Fees for a duplicate license or a change of information may be charged instead of the license fee, depending upon how much time remains before the license expires.

(2) The application fee which is charged depends upon whether a commercial, noncommercial, or motorcycle license is sought, is nonrefundable whether a license is issued or not, and is required whenever an application is required to be completed.

(3) The license fee which is charged depends upon the class(es) of licenses issued and the applicant’s age; is refundable if the applicant does not satisfy the licensing requirements, and is required when initially obtaining a license, and thereafter whenever renewing or reinstating the license.

(4) License fees are calculated by determining the appropriate issuance period as specified in

Tenn. Comp. R. & Regs. 1340-01-13-.15 EXAMINATIONS

(1) All original applicants for commercial licenses, non-commercial licenses or temporary driver licenses shall pass vision, knowledge, and skills tests before the license is issued. Applicants seeking to obtain an instructional permit shall pass vision and knowledge tests before the permit is issued. Tests may include:

(a) A vision test with the minimum qualifications as stated in 1340-01-13-.10.

(b) A knowledge test passed by answering at least eighty percent (80%) of the questions correctly. Test format may be written, oral, visual, or any combination thereof.

All such examinations given to persons under eighteen (18) years of age shall be written, except any person with a medical condition, certified by a physician, which would render a written examination impractical, or except any disabled child, including the learning disabled, certified by an educational specialist as unable to be tested by written methods, may be given an oral examination.
Any cheating on a required examination will result in an automatic failure.

(2) Applicants for commercial licenses must successfully complete all examinations set forth by 49 C.F.R. § 383 (1992) unless eligible for waivers from knowledge, skills, and/or vision tests as established by the Secretary.

(3) The required knowledge and skills tests may be waived for a non-resident who establishes residency in the State of Tennessee, as long as the driver license issued by the former state has not expired for a period which exceeds six (6) months, and is not subject to suspension, revocation or cancellation.

(a) Except that in accordance with 49 C.F.R. § 383 (1992), such applicants for commercial licenses wishing to retain their Hazardous Materials endorsement shall be required to pass this knowledge test before being issued the endorsement and;

(b) Applicants for commercial licenses wishing to retain their School Bus endorsement shall be required to pass the school bus knowledge test before being issued this endorsement.

(4) The required vision, knowledge and skills tests may be waived for persons applying for reinstatement of a canceled, suspended, or revoked driver license or temporary driver license as long as the license or temporary driver license has not been expired in excess of five (5) years.

(5) All drivers licensed by the State of Tennessee who are on active duty in the United States armed forces and assigned outside the State of Tennessee may renew their licenses without further examination unless such application is made more than five (5) years from the date of separation on the DD-214, or reassignment back to the State of Tennessee.

(6) To retain the Hazardous Materials endorsement, applicants for commercial licenses must successfully complete the appropriate endorsement test(s) upon each renewal period.

(7) The Department may establish contracts with third parties to conduct the licensing examinations, as specified in 1340-01-13-.22.

History

Authority: T.C.A. §§ 55-10-403(d)(1), 55-50-202, 55-50-321, 55-50-322, 55-50-331, and 55-50-338; 49 C.F.R. § 383 (1992); Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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.

Tenn. Comp. R. & Regs. 1340-01-13-.16 FRAUDULENT APPLICATIONS

(1) The giving of false information on an application for a driver license, instructional permit, temporary driver license, photo identification license or temporary photo identification license will result in the suspension of the license or permit.

(2) Any person engaging in the acts above would be guilty of a criminal offense, and subject upon conviction to incarceration and fines.

History

Authority: T.C.A. §§ 55-50-202, 55-50-321, 55-50-331, 55-50-501, 55-50-602, and 55-50-603; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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. Amendment filed December 3, 2007; effective April 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-13-.17 EXPIRATIONS AND RENEWALS

(1) Driver licenses are generally valid for five (5) years, expiring on the applicant’s nearest birthdate forward from the date of application evenly divisible by five (5) except that:

(a) Licenses shall not be issued for less than three (3) years nor more than seven (7) years;

(b) If the applicant is under eighteen (18) years of age and is applying for a Class D or M license, then the license shall expire on the applicant’s twenty-first (21st) birthday;

(c) A Class P license is valid for one (1) year only, calculated as twelve (12) calendar months forward from the date of application, except that the Class PM shall expire on the applicant’s sixteenth (16th) birthday;

(d) A Class H license shall expire on the applicant’s sixteenth (16th) birthday;

(e) Licenses issued to people who are in or who enter the military and who arc stationed outside the State of Tennessee are valid as long as they remain in the service or until they are reassigned to a duty station within Tennessee. Upon separation, discharge or reassignment back to Tennessee, the licensee has sixty (60) days to renew the license without penalty. During this period, the license is valid only when carried with discharge or separation papers.

(f) A restricted license shall be issued for one year.

(2) Photo identification licenses are generally valid for five (5) years, expiring on the applicant’s nearest birth date forward from the date of application evenly divisible by five (5) except that:

(a) Issuance periods for applicants older than eighteen (18) years of age but less than sixty-five (65) years of age shall not be shorter than three (3) years nor longer than seven (7) years;

(b) Issuance periods for applicants under eighteen (18) years of age shall be for two (2) years;

(c) Photo identification licenses issued to those who have attained the age of sixty-five (65) shall not have an expiration date and will continue to be valid until canceled or replaced; and (d) Permanent photo identification licenses issued to persons qualified under 1340-01-13- .06(2) are valid for the licensee’s lifetime unless canceled or replaced.

(3) Expiration of Temporary Driver Licenses and Temporary Photo Identification Licenses:

(a) Any temporary driver license, temporary intermediate driver license, temporary instructional permit or temporary photo identification license issued to persons whose presence in the United States has been authorized by the federal government for a specific purpose and specific period of authorized stay shall be valid only for the period of time of the individual’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year.

(4) Licenses, except temporary licenses, shall be renewed twelve months before the expiration date.

(5) Requirements for renewal consist of submitting an application designed by the Department; paying required fees and (if applicable) fines; completing any examination required by State law or by rules promulgated by the Secretary; and, unless exempt by law, rule or policy, having one’s picture made. Except that the following persons holding a non-commercial license shall be exempt from examinations and from appearing for photographs.

(a) Persons in foreign countries employed by religious organizations or other organizations qualified by Internal Revenue Service regulations as charitable organizations, as well as their family members, may renew their licenses by submitting to the Department a certificate issued by a doctor of medicine certifying they are physically qualified to drive a motor vehicle, along with a notarized letter of confirmation from a person of authority in their organization;

(b) Military personnel and their dependents stationed outside the State of Tennessee may renew their licenses by submitting to the Department a notarized copy of the front and back of their military identification, or a notarized copy of a letter from the member’s commanding officer which confirms the status, out of state tour of duty, and, for dependents, relationship to the applicant;

(c) Those persons deemed by the Department to have an unavoidable reason preventing them from returning to the State of Tennessee for their renewal shall submit evidence satisfactory to the Department; and (d) Upon the first renewal of any license issued on or after January 1, 2001 through May 28, 2004, the license holder shall provide documentation that such person is a United States citizen or lawful permanent resident of the United States.

(6) To renew a license which has expired, the following requirements must be satisfied:

(a) If a license has expired more than thirty (30) days and up to six (6) months, an additional five dollar ($5.00) penalty shall be required unless the Department determines that the delay was caused by reasons beyond the applicant’s control, except that drivers licensed by the State of Tennessee who are on active duty in the United States Armed Forces shall have sixty (60) days from the date of separation on the DD-214 or from the date of reassignment back to the State of Tennessee before the five dollar ($5.00) penalty is charged.

(b) A ten dollar ($10.00) penalty shall also be required unless the Department determines the delay was caused by reasons beyond the applicant’s control, if a license has expired longer than six (6) months, but less than five (5) years, or for military personnel, if the date of separation on the DD-214 or the date of reassignment back to Tennessee has been longer than six (6) months, but less than five (5) years.

(c) If a license has expired more than five (5) years, or for military personnel, if the date of separation on the DD-214 or the date of reassignment back to Tennessee has been longer than five (5) years, in addition to paying the ten dollar ($10.00) penalty, renewal applicants must successfully complete all examinations normally required for original, first time applicants.

(7) Temporary driver licenses, temporary intermediate driver licenses, temporary instructional permits or temporary photo identification licenses may be renewed for either one (1) year or for the period of stay authorized by the federal government. Requirements for renewal of such temporary licenses or permits shall consist of submitting an application in person designed by the Department, submitting acceptable documentation of authorized stay, submitting acceptable document of Tennessee residency, paying required fees and (if applicable) fines, and completing any examination required by State law.

(8) The primary obligation to maintain a valid license or temporary license rests with the license holder.

History

Authority: T.C.A. §§ 4-5-202, 55-50-202, 55-50-321, 55-50-331, 55-50-333, 55-50-337, and 55-50-338; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. Emergency rule filed March 22, 2006; effective through September 3, 2006. Amendment filed March 31, 2006; effective July 28, 2006. 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.

Tenn. Comp. R. & Regs. 1340-01-13-.18 CONTENTS AND DESIGN OF LICENSES AND TEMPORARY LICENSES

(1) Upon payment of the required fees the Department shall issue to every qualified applicant a driver license or temporary driver license indicating the type or general class of vehicles the licensee may drive, or a photo identification license or temporary photo identification license indicating the license is for identification purposes only and not valid for vehicular use.

(2) Each driver license, temporary driver license, photo identification license and temporary photo identification license issued shall contain the following:

(a) The name of this State and a distinguishing number;

(b) The applicant’s full. legal name, date of birth, and current residential street address (or post office box number if the applicant has no bona fide residential street address);

(c) A brief physical description of the applicant, including sex, height, and eye color for photo licenses, and race, sex, height, weight, hair color, and eye color for non-photo licenses;

(d) The dates the license was issued and will expire;

(e) Restrictions and/or conditions which apply to the licensee;

(f) Organ/tissue donor information; and (g) Either the facsimile of the applicant’s usual signature or a space upon which the licensee shall write the licensee’s usual signature with pen and ink.

(3) Special requirements in addition to those specified in subpart (2) include the following:

(a) Commercial dri ver licenses shall show the applicant’s social security number;

(b) Duplicate driver licenses, temporary driver licenses, photo identification licenses and temporary photo identification licenses shall note that the license is a duplicate of an original license.

(c) Photo identification licenses and temporary photo identification licenses shall have printed prominently thereon the following statement: “For identification Purposes Only, Not Valid For Vehicular Operation”; and (d) any driver license, temporary driver license, photo identification license or temporary photo identification license issued to someone less than twenty-one (21) years of age shall identify the licensee as being under twenty-one (21) years of age by prominently bearing the words and numbers “Under 21” and showing the month and year the licensee will become twenty-one (21) years of age.

(e) If the applicant has provided a social security number to the department, a phrase substantially similar to “On File” shall be printed in an appropriate location on the license. If the applicant does not have, or who states that the applicant has never been issued a social security number required by T.C.A. § 55-50-321(c)(1)(A), the applicant shall complete an affidavit, under the penalty of perjury, affirming that the applicant has never been issued a social security number. A phrase substantially similar to “None Provided” shall be printed in an appropriate location on the license. Such phrases shall be in red or other distinctive lettering.

(4) All driver and photo identification licenses shall bear a color photograph of the applicant furnished by the Department, or bear an endorsement that no photograph is required.

Persons sixty (60) years of age or older may elect to obtain a non-photo bearing license.

(a) All temporary driver licenses and temporary photo identification licenses shall bear a color photograph of the applicant provided by the Department.

(5) No license shall be considered valid unless it bears the applicant’s photograph (or endorsement that no photograph is required) and the applicant’s signature or facsimile of signature.

(6) To the maximum extent practicable all licenses issued shall be tamper resistant.

(7) Records of driver licenses, temporary driver licenses, photo identification licenses and temporary photo identification licenses as issued shall be maintained by the Department.

History

Authority: T.C.A. §§ 55-50-102, 55-50-202, 55-50-321, 55-50-323, 55-50-331, 55-50-333, 55-50-334, 55-50-335, 55-50-336, and 55-50-407; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed October 22, 2002; effective January 5, 2003. 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.

Tenn. Comp. R. & Regs. 1340-01-13-.19 CHANGES OF INFORMATION, DUPLICATES

(1) In the event a license, temporary license or certificate for driving is lost, stolen, or destroyed, the license, temporary license or certificate for driving holder may obtain a duplicate license, temporary license or certificate for driving.

(2) License, temporary license or certificate for driving holders may obtain a revised license, temporary license or certificate for driving reflecting changes in personal information shown on the license or temporary license including name, address, date of birth, physical description, social security number, and organ/tissue donor status.

(3) License, temporary license or certificate for driving holders are required to notify the Department of any address or name changes within ten (10) days of the change. Obtaining a new license, temporary license or certificate for driving showing change in address is not required.

(4) Applications for revised or duplicate licenses, temporary licenses or certificates for driving must be made in person with:

(a) Confirmation of proof of identity, and (b) Documentation of changes (other than those needed to correct clerical errors) in a license, temporary license or certificate for driving holder’s name, date of birth, or gender as set forth in 1340-01-13-.12.

(5) A license, temporary license or certificate for driving shall not be replaced if it is under suspension, cancellation or revoked status.

(6) The previous license, temporary license or certificate for driving must be turned in, or the Department must be satisfied that the license, temporary license or certificate for driving being replaced was lost, stolen, or destroyed.

(7) In the event a license, temporary license or certificate for driving is lost, stolen or destroyed while the license, temporary license or certificate for driving holder is outside the State of Tennessee or otherwise unable to appear in person, an immediate family member or a person with a limited power of attorney may be authorized by the license, temporary license or certificate for driving holder to apply for a license, temporary license or certificate for driving on the holder’s behalf, provided that the authorized person submits satisfactory proof of the holder’s identity; furnishes satisfactory proof of his or her identity and further provided that there are no changes to be made regarding the holder’s personal information.

(8) Duplicate licenses shall be issued to correct or replace previous licenses to those licensees who have more than twelve (12) months remaining before their license expires. If over six (6) months but less than twelve (12) months remain, the applicant has the option to renew. If less than six (6) months remain, the applicant must renew his or her license.

(9) If personal information is changed at the time of renewal, the fee for change of information shall be waived.

(10) Duplicate temporary licenses obtained in place of such licenses issued pursuant to T.C.A. § 55-50-331(g) shall expire pursuant to such subsection.

History

Authority: T.C.A. §§ 55-50-202, 55-50-321, 55-50-323, 55-50-331, 55-50-332, and 55-50-333; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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. Repeal and new rule filed December 3, 2007; effective April 29, 2008.

Tenn. Comp. R. & Regs. 1340-01-13-.20 RESTRICTIONS

(1) The Department shall, whenever good cause appears, impose restrictions suitable to the applicant’s driving ability to assure the safe operation of a motor vehicle by the applicant.

Restrictions include driving conditions, vehicle type and/or equipment, time, and place.

(2) When a restriction has been imposed, the physical aids or mechanical control devices shall be on the person or attached to the vehicle during the driving test and at a times when the person is driving. No test will be given unless the restrictions are met by the applicant and/or his or her vehicle.

(3) Restrictions may be added or removed upon initial application for a license or temporary driver license, as well as at any time during a renewal Cycle.

(4) The restrictions shall be printed under the space on the driver license or temporary driver license designated “restriction,” and shall include but not be limited to the following codes:

Code: All Driver License Classes or Temporary Driver License Types Number Condition Comment 01 Corrective Lenses To meet vision standards 02 Automatic Transmissions Due to physical disabilities 03 Knob-on Steering Wheel/Power Steering Due to physical disabilities 04 Outside Rear-view Mirrors Hearing or visual impairments 10 Daylight hours only For night blind persons or for certain restricted licenses 11 Custom Controls Due to physical disabilities 12 Seat Cushion Due to seat configuration 14 Insulin-dependent Diabetic Statement from medical doctor must be maintained on file 15 Special Restriction Order Limitations specified as to times and locations traveled 16 Ignition Interlock Device Specified on court order 20 Medical Problems Determined by 1340-01-13-.09, or

Tenn. Comp. R. & Regs. 1340-01-13-.21 REINSTATEMENT AFTER CANCELLATION, REVOCATION, OR SUSPENSION

(1) To reinstate driving privileges after suspension, revocation, or cancellation of one’s driver license, intermediate driver license, instructional permit, temporary driver license, temporary intermediate license or temporary instructional permit, persons need to:

(a) Obtain clearance from the Department, confirming: eligibility to reapply; compliance with Financial Responsibility Law (when applicable); and payment of all reinstatement fines;

(b) Pass any required tests as specified in 1340-01-13-.15; and (c) Pay fees set forth in 1340-01-13-.14.

(d) Must provide proof of U.S. citizenship and lawful permanent residency for nontemporary licenses.

(e) Must provide proof of authorized stay in the United States for temporary licenses.

(2) If cancellation of driving privileges was caused by an adult withdrawing responsibility for a minor’s actions as provided for in 1340-01-13-.13, the minor shall obtain the Department’s clearance prior to applying for a duplicate, renewal, or re-examination, along with payment of appropriate fees.

History

Authority: T.C.A. §§ 55-50-202, 55-50-321, 55-50-322, 55-50-331, 55-50-405, and 55-50-502; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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.

Tenn. Comp. R. & Regs. 1340-01-13-.22 THIRD PARTY TESTING

(1) Third Party Commercial Driver License Companies - General Requirements (a) Companies desiring authorization to administer third party commercial driver license (C.D.L.) skills tests may be certified by the State providing they file an application in compliance with Department procedure and meet the requirements addressed in this

section. Individuals desirous of forming companies, corporations, partnerships, businesses etc. for the purpose of administering third party testing may be certified upon meeting requirements as specified herein for companies.

(b) Companies shall have an established business location, within the geographical boundaries of the State of Tennessee, at which third party skills testing can be administered. The established business location shall contain at least one permanent regularly occupied structure in which administrative and/or operational business is conducted. Companies shall be accessible by public telephone; shall have an established, permanent mailing address including a street address or route; and shall be operationally and environmentally safe, meeting all requirements of State Law and local ordinances.

(d) Pursuant to 49 C.F.R. § 383.75(a) (1993), the Department will not authorize companies with less than twenty five (25) full-time employees.

(e) Companies shall designate an employee or employees who will serve as Third Party C.D.L. Examiner(s), who shall meet all requirements set forth in paragraphs (2) and (3) of this section.

(f) Companies shall provide a safe and suitable testing area; shall designate an appropriate “on-road” driver testing route having a convenient access; and shall make available one or more vehicles which are representative of the type(s) of vehicle(s) to be used to conduct skills tests. The vehicle(s) will be utilized during training sessions conducted by the Department.

(g) Companies shall have the means and agree to establish and maintain accurate driver test records; and shall make all required records available during normal working hours for inspection by an authorized representative of the Department or the Federal Highway Administration (F.H.W.A.).

(h) Companies shall further agree to the following:

To sign a written, contractual agreement with the Department of Safety. This contract will remain in effect for a period of one (1) year from the date of signing and/or certification unless canceled, suspended, revoked, or terminated.
To permit the F.H.W.A. and the Department to conduct random examinations, inspections and/or audits without prior notice.
To notify the Department in writing and within ten (10) days of:

(i) The termination, relocation, re-assignment, resignation, or change of address or employment of a Third Party C.D.L. Examiner.

(ii) The cessation of operation or the change of address of Third Party C.D.L.

Company.

To test individuals not employed by, or students of, the company only with the written approval of the Commissioner, or his or her designee. Test records for drivers tested under these arrangements shall include all items specified in subparagraphs (3)(c) and (3)(d), as well as records of any receipts and/or disbursements related to the third party testing of drivers.
To charge a driver for the administration of skills tests no more than seventy-five dollars ($75.00).
To maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the examiner and any person taking tests in the amounts required by state law 7. To file evidence of such insurance coverage annually with the Department.

(2) Third Party C.D.L. Examiner - General Requirements For Applicants (a) Applicants for Third Party C.D.L. Examiner certification must be a payroll employee of the company or business they represent; must be at least twenty-one (21) years of age; and must be at least a graduate of an accredited secondary school, possess a high school general education equivalency degree (G.E.D.), or have qualifying substitute experience. A “payroll employee” does not include any person who contracts with the company solely to perform third party tests.

(b) Applicants must possess a valid Tennessee commercial driver license with the classification and endorsements required for operation of any class or type of commercial motor vehicle used in the skills tests to be conducted by the C.D.L.

Examiner.

(c) Applicants must present a copy of current medical card or certificate, if required, or proof of medical fitness as ascertained by a physical examination conducted within the previous six (6) months by a physician licensed to practice in the State of Tennessee.

(d) Applicants must provide to the Department all employment and driving records for the previous ten (10) years. Applicants must be willing to authorize a criminal background check to be conducted by the Department.

(e) Within the past ten (10) years, applicants must have no record of driving under the influence of alcohol or controlled substances conviction(s); of conviction(s) involving the possession, sale or use of a controlled substance; or of a felony conviction(s).

(f) Applicants must successfully complete the Department of Safety Commercial Driver Examiner Training Course, and must successfully complete all knowledge and skills test necessary for the examiner classification sought.

(3) Third Party C.D.L. Examiner - Administrative Requirements (a) Examiners shall conduct skills tests only for individuals having in their possession a valid driver license. Skills tests shall be conducted as required by 49 C.F.R. § 383.113 (1992), the laws of the State of Tennessee, and policies and procedures of the Department.

(b) Examiners shall not administer their own skills tests, but shall be tested by a certified C.D.L. Examiner of the Department or by another Third Party C.D.L. Examiner approved by the Department for this purpose.

(c) Examiners shall be responsible for their company’s record keeping, correspondence and other transactions related to the third party testing operation; shall submit completed certification forms listing the name of the Driver, skills tests scores, date of certification, driver license number, and certification number; and by the 10th day of each month shall report to the Department, the number of drivers tested during the preceding month as well as any other statistical data as may be required.

A report shall be submitted even if no tests were administered during the preceding month.

(d) Examiners shall maintain a record of each driver for whom they conduct a skills test, whether or not the driver passes or fails, for a minimum of three (3) years. Each record shall include the following:

Complete name and address of the driver.
Driver’s social security number, driver license number and name of the State or jurisdiction that issued the license held by the driver at the time of the test.
Date driver completed the skills test.
Test score sheets (copies) showing the results of the test.
Name and certification (I.D.) number of Third Party C.D.L. Examiner conducting the skills test.
Abstract of the driver’s record at the time the skills test was administered or proper documentation that the Department has verified his or her driving record.
Copy of the driver’s medical certificate, if one was required, which was in effect at the time of examination.
The make, model, and registration number of the commercial motor vehicle(s) used to conduct the, testing.

(e) Examiners must attend retraining sessions conducted by the Department or as often as new laws and/or procedures require, or as deemed necessary by the Department.

(f) Examiners shall comply with all laws and procedural requirements of the State of Tennessee as well as other policies and procedures, all of which regulate the administration of the Third Party C.D.L. Tester Program.

(g) Examiners, by submission of the certification forms as required in this section, certify that each driver has successfully completed each phase of the C.D.L. skills test as required by the federal regulations, laws of the State of Tennessee, and policies and procedures of the Department.

(4) Third Party C.D.L. Testing - Certifications and Inspections (a) Whether or not a company or Third Pam, C.D.L. Examiner is accepted for certification as a Third Party C.D.L. Tester shall be at the discretion of the Department.

(b) Certification extended to companies or examiners will be initially valid for a period of one (1) year from the date of issuance or until cancellation, suspension, or revocation by the Department.

(c) The Department will devise and assign a special certification (identification) number or code unique to each company who qualifies for certification as a Third Party C.D.L.

Company, and for each individual who qualifies for certification as a Third Party C.D.L.

Examiner.

(d) The Department and/or F.H.W.A. will conduct periodic, on-site inspections of C.D.L.

Third Party Testing Programs and facilities.

Third party testers can reasonably expect a thorough initial inspection and a minimum of one (1) inspection per year thereafter.
Prompt action including but not limited to cancellation, suspension, revocation, or termination of contract will be taken against any third party C.D.L. tester who is found to be in a condition of noncompliance with State or Federal standards or other terms of the third party agreement.

(e) As a part of the inspection and regulatory process the Department may select drivers at random and require them to re-demonstrate their skills and proficiency in driving commercial vehicles for which they are licensed.

The number of drivers re-tested annually may range from ten (10) to twenty (20) percent of drivers tested by the C.D.L. Third Party Examiner during the audit period.

(5) Third Party C.D.L. Testing - Cancellation/Suspension/Revocation/Denial/RehiW to Renew (a) The Department reserves the right to cancel the Third Party C.D.L. Tester Program, in whole or in part.

(b) The Department may cancel, suspend, revoke, refuse to issue or refuse to renew the certification of Third Party C.D.L. Company or a Third Party C.D.L. Examiner if:

The applicant or holder of any certification fails to comply with the provisions of the rules and regulations of the Department, Department instructions, Third Party C.D.L. Tester agreement or any associated federal or state statutes;
The applicant or holder of any certification has made any false or misleading statements or concealed a material fact in connection with the application, required records or reports, or other required information relating to the Third Party C.D.L. Testing Program;
A Third Party C.D.L. Examiner leaves the company, fails to administer a skills test with in a six (6) month period, or fails to attend an updated training session required by the Department, (i) After leaving a Third Party C.D.L. Company, a Third Party C.D.L. Examiner may be recertified if employed by another Third Party C.D.L. Company by submitting proper application to the Department.

(ii) After failing to administer a skills test within a six (6) month period or after failing to attend an updated training session required by the Department, an Examiner may be recertified by demonstrating skills and knowledge required to gain the original or updated certification.

A Third Party C.D.L. Examiner fails to submit or maintain required reports;
A Third Party C.D.L. Examiner fails to conduct C.D.L. skills test as required by 49 C.F.R. § 383 (1992), by the laws of the State of Tennessee, or by policies and procedures of the Department.
A company fails to maintain appropriate insurance coverage;
A Third Party C.D.L. Examiner’s driving privilege is canceled, suspended or revoked in this or any other state;

(i) If driving privilege is reinstated, certification may also be reinstated at the discretion of the Department.

The holder of any certification commits any act which compromises the integrity of the Third Party Program, including but not limited to advertising which implies, suggests or gives the impression that the Company or Third Party C.D.L.

Examiner is an employee of, or endorsed by, the Department. or that a C.D.L. is guaranteed to those utilizing their services-, 9. Alcoholic beverages or controlled substances are consumed or stored on premises or in company vehicles unless such items are included in the manifest, 10. A Third Party C.D.L. Examiner must adhere to the same standards as a stateemployed examiner, pursuant to 49 C.F.R. § 383.75(a)(2)(iii) (1993).

(c) The Department shall notify the certification holder, by registered mail, return receipt requested, of the proposed cancellation, suspension, revocation, denial, or refusal to renew, and of the grounds for such proposed action.

Third Party Testers who receive notice of the proposed cancellation, suspension, revocation, denial or refusal to renew shall have ten (10) working days to send a written petition to the Department showing why the proposed action should not occur. Upon receipt of this petition, the Department shall afford the certification holder a hearing before a hearing officer. Before setting such a hearing, the Department may request additional information if needed.
The Department may exercise its option to postpone cancellation, suspension, revocation, or refusal to renew certification providing the company can present satisfactory assurance that existing deficiencies can be corrected within a reasonable amount of time. The Department may also reinstate certification of a Third Party C.D.L. Company or Examiner pending satisfactory resolution of concerns.

(d) Return of certification(s) which have been canceled, suspended, revoked, or denied renewal.

The holder of any certification which has been canceled, suspended, revoked, or denied renewal must return said certificates and related controlled documents to the Department within five (5) days of the date of notification of the action.

(e) The revocation of any certification shall be for a period of time to be determined by the Commissioner or his or -her designee, but in no event shall the period be less than one (1) year.

(f) The suspension of any certification shall be for a period of time to be determined by the Commissioner or his or her designee, but in no event shall the period be less than ninety (90) days or greater than one (1) year.

(g) Any Third Party C.D.L. Company or Examiner whose certification is canceled, suspended, revoked, or denied issuance or renewal may appeal the decision of the hearing officer in writing to the Commissioner within ten (10) working days of receipt of the notice of the action. The Commissioner shall consider such an appeal pursuant to the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq.

(6) Cooperative Driver Testing Program - Class D Third Party Testing (a) The “Cooperative Driver Testing Program” (C.D.T.P.) is a program offered to the following entities with driver education and training courses for Class D vehicles: public school systems, public institutions of higher learning, non-public schools in categories 1, 2, or 3 as recognized by the state board of education, and commercial driver training schools operating under 1340-01-06. Collectively, these entities are referred to here as eligible or authorized agencies.

(b) The driver education and training course shall include both a classroom and a behindthe-wheel component, and shall satisfy the minimum standards set forth in 0520-01-03- .05(6)(e) and in the Driver Traffic Safety Education curriculum framework approved by Tennessee’s State Board of Education.

(c) Students actively enrolled in these classes who meet the testing standards defined below shall be exempted from the knowledge and/or driving tests required for a Class D license and from the knowledge test required for a Class PD learner permit.

(d) Eligible agencies desiring authorization to participate in the C.D.T.P. may be approved by the Department providing they meet the requirements set forth in paragraph (8) of this section. Individual driver education instructors need to apply through their eligible or authorized agency.

(7) C.D.T.P. Testing Standards and Administration (a) Students shall be exempt from the Class D knowledge test administered by the Department if they answer correctly eighty percent (80%) of the questions contained in a standard knowledge test developed by the Department and administered through the C.D.T.P. in a supervised setting, with the instructor present. Oral versions of the test are prohibited. The knowledge test must contain one fourth (1/4) of the questions concerning drugs and alcohol and may only be administered after the student has completed the classroom component of the course.

(b) Students shall be exempt from the Class D driving test administered by the Department if they demonstrate an ability to drive safely at a level considered by the instructor as acceptable for licensing. The basis for determining acceptable driving ability shall include, but not be limited to, an assessment of the student’s driving competence with respect to skills, judgment, and perception. The driving test must meet minimum standards set forth by the Department in related C.D.T.P. policies and procedures issued to participating agencies and may be given only at the conclusion of the course, after the student has completed both the classroom and driving portions of the course.

(c) Test scores shall be valid for ninety (90) days from the date of the Third Party Driver Examiner test certification form.

(d) Tests administered through the C.D.T.P. shall be given only to students actively enrolled in the Driver Education courses described in the agency’s application to participate. Public school systems, public institutions of higher learning, and non-public schools in categories 1, 2, or 3 as recognized by the state board of education who participate in Driver Education courses are authorized to administer skills tests to students who have completed the Driver Education course described in the agency’s application to participate if the student is still enrolled in the school as a student, and has not transferred to any other school after completing the Driver Education course.

(8) C.D.T.P. Requirements for Eligible Agencies.

(a) To participate, an eligible agency must submit an application to the Driver License Issuance Division, Tennessee Department of Safety. The application shall describe the driver education courses offered, and include a compliance affidavit for each participating driver education instructor. The application shall be submitted once per school year.

(b) In the event a participating driver education instructor resigns or transfers employment, the authorized agency must notify the Department within thirty (30) days of such change.

(c) Authorized agencies must permit the Department to conduct random examinations, inspections and/or audits without prior notice.

(9) C.D.T.P. Requirements for Individual Driver Education Instructors.

(a) Participating driver education instructors shall submit to the Department a signed affidavit which shows that the instructor:

Is currently employed by the agency;
Is certified and registered by the Department of Education or licensed by the Department as a driver instructor;
Holds a valid driver license; and 4. Agrees to follow procedures for the C.D.T.P. Program established by the Department pursuant to these rules.

(b) Individual driver education instructors must maintain accurate driver test records for all students who have been administered a test, whether or not they meet the waiver standards. Each record shall be maintained for one (1) calendar year, and shall include:

Complete name, address and social security number of each student; and 2. The results of each test, along with the name and certification identification number of the instructor conducting the tests.

(c) The instructor shall periodically submit to the Department a summary of results for all students tested on a form provided by the Department.

(10) Requirements for Participating C.D.T.P. Students.

(a) To obtain exemption from Class D knowledge and/or driving tests administered by the Department, students enrolled in C.D.T.P. shall present a properly executed Third Party Driver Examiner Testing Certification form to the Department at any Driver License Testing Station within ninety (90) days of completing the driver education and training course.

(b) The Department shall spot check a random sample of the exempted driver population, and may administer either the knowledge or the driving test to any student so selected.

(c) All other standard driver qualifications must be satisfied before the license may be issued, including age, parental affidavits of financial responsibility, driving history, vision, compulsory school attendance, and other such requirements as set forth by law.

(11) C.D.T.P. Inspections, Cancellations/ Suspensions/Revocations/Denials/Refusals to Renew (a) The Department reserves the right to cancel the C.D.T.P., in whole or in part.

(b) Certification of participation in the C.D.T.P. shall be valid for one (1) school year.

C.D.T.P. certification of individual driver education instructors shall be valid for the period of time authorized for the participating agency.

(c) The Department will devise and assign a special C.D.T.P. certification identification number or code unique to each individual driver education instructor who qualifies to participate.

(d) The Department may conduct periodic, on-site inspections of C.D.T.P. facilities and instructors. As part of the inspection and regulatory process the Department may select drivers at random and require them to redemonstrate their skills and/or knowledge proficiency in driving Class D vehicles.

(e) The Department may cancel, suspend, revoke, refuse to issue, or refuse to renew the certification of a C.D.T.P. agency or instructor on grounds including but not limited to the following:

Instructor’s resigning from employment with the authorized agency 2. Failure to submit or maintain required reports;
Failure to comply with or satisfy any of the Provisions of these requirements or Department of Safety instructions;
Cancellation, suspension or revocation of the driving privilege for a C.D.T.P. instructor in this or any other state.

(i) If driving privilege is reinstated the Department, C.D.T.P. certification may also be reinstated at the discretion of the Department.

Falsification of any records or other required information relating to the C.D.T.P., and 6. Commission of any act which compromises the integrity of the C.D.T.P., including but not limited to advertising which implies, suggests or gives the impression that the agency or driver education instructor is an employee of, or endorsed by, the Department, or that a license is guaranteed to those utilizing their services.

(f) The Department shall notify the certification holder, by registered mail, return receipt requested, of the proposed cancellation, suspension, revocation, denial, or refusal to renew, and of the grounds for such proposed action.

D.T.P. agencies or instructors who receive notice of the proposed cancellation, suspension, revocation, denial, or refusal to renew shall have ten (10) working days to send a written petition to the Department showing why the proposed action should not occur. Upon receipt of this petition, the Department shall afford the certification holder a hearing before a hearing officer. Before setting such a hearing, the Department may request additional information if needed.
The Department may exercise its option to postpone cancellation, suspension, revocation, or refusal to renew certification providing the agency or instructor presents satisfactory assurance that existing deficiencies can be corrected within a reasonable amount of time. The Department may also reinstate certification of a C.D.T.P. agency or instructor pending satisfactory resolution of concerns.

(g) Return of certification(s) which have been canceled, suspended, revoked or refused renewal.

The holder of any certification which has been canceled, suspended revoked or refused renewal must return said certificates and related controlled documents to the Department within five (5) days of the date of notification of the action.

(h) The revocation of any certification shall be for a period of time to be determined by the Commissioner or his or her designee, but in no event shall the period be less than one (1) year.

(i) The suspension of any certification shall be for a period of time to be determined by the Commissioner or his or her designee, but in no event shall the period be less than ninety (90) days or greater than one (1) year.

(j) Any C.D.T.P. agency or instructor whose certification is canceled, suspended, revoked, denied, or refused renewal may appeal the decision of the hearing officer in writing to the Commissioner within ten (10) working days of receipt of the notice of the action.

The Commissioner shall consider such an appeal pursuant to the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq.

History

Authority: T.C.A. §§ 4-5-101, et seq., 55-50-202, 55-50-321, 55-50-322, 55-50-323, 55-50-331, 55-50- 405, and 55-50-502; Public Acts of 2007, Chapter 194; and 49 C.F.R. § 383 (1992).
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. 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. Amendment filed December 3, 2007; effective April 29, 2008. Amendment filed January 29, 2016; effective April 28, 2016.

Tenn. Comp. R. & Regs. 1340-01-13-.23 ADOPTION OF DEPARTMENT OF TRANSPORTATION SAFETY RULES AND

REGULATIONS.

(1) The Tennessee Department of Safety, Division of Driver License Issuance hereby adopts the federal motor carrier safety regulations, and all subsequent amendments thereto, promulgated, approved, and adopted by the United States Department of Transportation contained in Title 49 of the C.F.R. §§ 383 (1992), 386 (1991), 390 (1989), and 391 (1989).

History

Authority: T.C.A. §§ 55-50-202 and 55-50-410.
Administrative History: Original rule filed April 8, 1996; effective August 28, 1996. Public necessity rule filed September 24, 2007, effective through March 7, 2008. Public necessity rule filed September 24, 2007; effective through March 7, 2008. Public necessity rule expired effective March 8, 2008, and the rule reverted back to its previous status.

Tenn. Comp. R. & Regs. 1340-01-13-.24 FEDERALLY COMPLIANT LICENSES

(1) As used in this section:

(a) “Federally Compliant License” means a driver license or photo identification license, including a temporary driver license or temporary photo identification license, that complies with the Rules and Regulations of the United States Department of Homeland Security, 6 C.F.R. Part 37, in addition to the requirements of state law and regulations.

(b) “DHS” means the United States Department of Homeland Security.

(c) “Official purposes” means accessing Federal facilities, boarding Federally-regulated commercial aircraft, and entered nuclear power plants.

(d) “USCIS” means the United States Customs and Immigration Services.

(2) An applicant who applies for a Federally Compliant License shall be required to comply with the document and verification requirements of this section 1340-01-13-.24.

(3) The Driver License Examiner will require positive proof of identity, date of birth, citizenship, lawful permanent residency, and Tennessee residency of any person applying for any class of Federally Compliant License.

(4) The Department reserves the right to require primary proof of identity on other transactions as determined by the Department.

(5) Primary Identity Documents (a) For applicants seeking to obtain a Federally Compliant License the acceptable primary identity documents are limited to those approved by DHS pursuant to 6 C.F.R. Part 37 that include original or certified documents with applicant’s full legal name and date of birth. Acceptable documents are:

Certified Birth Certificate registered with the applicant’s State Office of Vital Statistics or equivalent agency in the individual’s State of birth;
Valid, unexpired U.S. passport;
Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DS-1350 or FS-545) or Report of Birth Abroad (FS-240);
Valid, unexpired Permanent Resident Card (Form I-551) issued by DHS or INS;
Unexpired employment authorization document (EAD) issued by DHS, (I-766 or I-688B);
Unexpired foreign passport with a valid, unexpired U.S. visa affixed and accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the United States;
Certificate of Naturalization issued by DHS (N-550 or N-570);
Certificate of Citizenship issued by DHS (N-560 or N-561);
Federally compliant driver license or identification card issued in compliance with the standards established by 6 C.F.R. Part 37; and 10. Such other documents as DHS may designate by notice published in the Federal Register.

(6) Social Security Number (a) In addition to providing primary identification, an applicant must provide proof of their Social Security Number, which shall be verified by the Department, for issuance of a Federally Compliant License or Federally Compliant CDL. Acceptable proof includes the following items as authorized by 6 C.F.R. Part 37:

Social Security Card (does not include metal or plastic replicas);
IRS Forms (W-2; SSA-1099); Non-SSA 1099 forms may also be accepted such as those issued for gambling winnings or other non-work compensation that may be on local jurisdiction 1099 forms;
Computerized Paycheck Stubs with the applicant’s name and SSN printed on it; and 4. Such other documents as DHS may designate by notice published in the Federal Register.

(b) Individuals presenting the unexpired foreign passport (1340-01-13-.24(5)(f)) as primary identity document must present a verified SSN or demonstrate non-work authorized status through DHS or USCIS.

(c) The SSN will be verified through a Social Security Administration verification process that is compliant with 6 C.F.R. § 37.13(b)(2).

(7) Citizenship, Permanent Residence, or Lawful Presence (a) Applicants applying for a Federally Compliant License shall present proof acceptable to the Department that such applicant is a United States citizen or a lawful permanent resident of the United States. Such proof is limited to the following items as authorized by 6 C.F.R. Part 37:

Certified Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Guam);
U.S. Consular Report of Birth Abroad (DS-1350 or FS-545);
Report of Birth Abroad of a Citizen of the U.S. (FS-240);
Valid, unexpired U.S. Passport;
Certificate of Naturalization (N550, N570 or N578);
Valid, unexpired Permanent Resident Card (I-551);
Valid, unexpired Conditional Resident Card (I-551);
Form I-94 Record of Arrival and Departure stamped Refugee, Asylee or Asylum; however, applicants who present the Refugee/Asylee I-94 must also present another USCIS document as supporting evidence such as:

(i) Valid employment authorization document (I688B or I766);

(ii) Notice of Action (I-797 or I-797C) indicating USCIS receipt of a pending or approved application for lawful permanent residency or adjustment of status (I-485) or application for employment authorization (I-765).

Such other documents as DHS may designate by notice published in the Federal Register.

(b) Applicants applying for a Federally Compliant License who are not US Citizens or Lawful Permanent Residents shall present proof acceptable to the Department that such applicant lawfully present in the United States.

An applicant who has submitted the following identity documents will not need to provide additional proof of lawful presence:

(i) Certified Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Guam);

(ii) U.S. Consular Report of Birth Abroad (DS-1350 or FS-545);

(iii) Report of Birth Abroad of a Citizen of the U.S. (FS-240);

(iv) Valid, unexpired U.S. Passport;

(v) Certificate of Naturalization issued by DHS, Form N-550 or Form N-570.

(vi) Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.

An applicant who has submitted any other approved identity document will also need to present a second identity document or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS.

(8) Renewals and Duplicates (a) Persons holding a Federally Compliant License shall be required to renew their license or obtain a duplicate in person if the previous renewal or duplicate was not obtained in person.

(b) Persons holding temporary Federally Compliant Licenses shall be required to renew in person to present updated lawful presence documents.

(d) The Department shall re-verify the renewal applicant’s SSN and lawful status, if applicable, prior to renewing the Federally Compliant License.

(e) Any material change of name or other personally identifiable information shall require a person to renew or obtain a duplicate in person, and the person shall present acceptable documentation of the change.

(9) Federally Compliant License Documents (a) Any Federally Compliant License card shall conform to the requirements of 6 C.F.R.

Part 37.

(b) Any driver license or photo identification license, including temporary driver license or temporary photo identification license that is not Federally Compliant shall clearly state on the face of the card that it is not acceptable for official purposes and shall be distinguishable from Federally Compliant Licenses.

(10) The Tennessee Department of Safety, Division of Driver License Issuance hereby adopts the REAL ID Driver Licenses and Identification Cards regulations, and all subsequent amendments thereto, promulgated, approved, and adopted by the United States Department of Homeland Security and contained in Title 6 of the C.F.R. Part 37.

History

Authority: T.C.A. §§ 4-3-2009, 55-50-202, 55-50-321, and 55-50-331.
Administrative History: Original rule filed January 31, 2019; to have become effective May 1, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rule; new effective date June 30, 2019.

Tenn. Comp. R. & Regs. 1340-01-13-.25 COMMERCIAL ENTRY LEVEL DRIVER TRAINING REQUIREMENTS

(1) As used in this section, (a) “FMCSA” means the Federal Motor Carrier Safety Administration.

(b) “Approved FMCSA Training provider” means an entity that is listed on the FMCSA Training Provider Registry. Training providers may include, but are not limited to, training schools, educational institutions, rural electric cooperatives, motor carriers, State/local governments, school districts, joint labor management programs, owneroperators, and individuals.

(c) “Entry-level driver training” means training a driver receives from an entity listed on FMCSA’s Training Provider Registry prior to:

Taking the CDL skills test required to receive the Class A or Class B CDL for the first time;
Taking the CDL skills test required to upgrade to a Class A or Class B CDL; or 3. Taking the CDL skills test required to obtain a passenger and/or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time.

(2) Issuance Requirements (a) Commercial Driver Licenses and Endorsements 1. On or after February 7, 2022, an applicant must have completed both a theory and behind the wheel training (range and public road) entry level driver training program from an Approved FMSCA Training Provider in order to be eligible to be issued a new Class A or Class B CDL or to upgrade to a Class A or Class B CDL.

On or after February 7, 2022, an applicant seeking to obtain a passenger (P), school bus (S), or hazardous materials (H) endorsement for the first time, must complete the training related to that endorsement from an Approved FMSCA Training Provider in order to be eligible to be issued the requested endorsement(s).
Except for entry level drivers seeking the hazardous materials (H) endorsement, the theory and behind the wheel training (range and public road) portions of any entry level driver training program must have been completed within one (1) year of each other.

(b) Commercial Learner Permits 1. Applicants who obtain a Commercial Learner Permit (CLP) before February 7, 2022, are not required to comply with this rule if they obtain a CDL before the CLP or renewed CLP expires.

Applicants who obtain a CLP on or after February 7, 2022, are required to complete the entry level driver training course before being issued a CDL or a passenger (P), school bus (S), or hazardous materials (H) endorsement.

Drivers who were issued a Class A CDL, Class B CDL, or a passenger (P), school bus (S), or hazardous materials (H) endorsement before February 7, 2022, who are applying for renewal of their CDL or endorsement(s).
Applicants who are eligible for a military skills test waiver under T.C.A. § 55-50- 322(b)(2).
Applicants who are seeking to remove a restriction in accordance with 49 C.F.R. § 383.135(b)(7).

(d) An applicant who applies for a commercial driver license, commercial learner permit or any endorsement for a commercial driver license or commercial driver permit shall be required to comply with the requirements of 49 C.F.R. §§ 380.600 et. seq. in addition to any other federal or state regulations, and all subsequent amendments thereto, promulgated, approved and adopted by the Federal Motor Carrier Safety Administration.

History

Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.
Administrative History: New rule filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 1340-01-04-.05 , or T.C.A. § 55-50- 331(e) 28 Hearing Impairment Whether or not hearing aid required 30 Active Military Does not expire while in Military service and stationed outside Tennessee Code: Commercial Motor Vehicle Restrictions (Driver License)

L Vehicles Without Air Brakes 51 CMV - Intrastate Only 53 CMV - Intra-City Zone Only 54 CMV - Intrastate Only, Medical Limitation 55 Except Class A Bus 56 Except Class A and B Bus 57 Except Tractor Trailer (5) The Department may add other restriction codes as necessary.

History

Authority: T.C.A. §§ 55-10-412, 55-50-202, 55-50-321, 55-50-331, and 55-50-412; Public Acts of 2007, Chapter 194; and Public Acts of 2004, Chapter 778.
Administrative History: 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.

Chapter 1340-01-14 Repealed (Renumbered 1340-03-06)

Tenn. Comp. R. & Regs. 1340-01-14-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.08 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.14 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.15 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.16 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.17 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Tenn. Comp. R. & Regs. 1340-01-14-.18 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-412.
Administrative History: Original rule filed November 8, 2004; effective March 30, 2005. Repeal filed December 17, 2012; effective May 31, 2013.

Chapter 1340-02-01 Rules of Procedure for Hearing Contested Cases

Tenn. Comp. R. & Regs. 1340-02-01-.01 RULES OF PROCEDURE FOR HEARING CONTESTED CASES

The Uniform Rules of Procedures for Hearing Contested Cases Before State Administrative Agencies, Rule 1360-04-01, promulgated by the Tennessee Secretary of State are hereby adopted by the Tennessee Department of Safety to be used in the hearing of contested cases other than hearings under Rule 1340-02-02, Rules of Procedure for Asset Forfeiture Hearings and Rule 1340-02-07, Rules of Procedure for Declaratory Order Cases.

History

Authority: T.C.A. §§ 4-3-2009 and 4-5-219.
Administrative History: Original rule filed March 20, 1977; effective April 19, 1977. Amendments filed October 30, 2023; effective January 28, 2024. Amendments filed February 20, 2026; effective May 21, 2026.

Chapter 1340-02-02 Rules of Procedure for Asset Forfeiture Hearings

Tenn. Comp. R. & Regs. 1340-02-02-.01 SCOPE AND CONSTRUCTION

(1) Pursuant to T.C.A. § 4-5-219, T.C.A. § 40-33-214, and T.C.A. § 53-11-201(j), the Tennessee Department of Safety hereby adopts these Rules to be used in the administration and conduct of contested cases concerning property seized pursuant to the Tennessee Drug Control Act;

T.C.A. § 53-11-201, et seq.; T.C.A. § 55-10-414; T.C.A. § 55-50-504, T.C.A. § 55-50-506, T.C.A. § 55-5-108, and any other statute pursuant to which the department holds asset forfeiture hearings. These Rules apply instead of the Uniform Rules, Chapter 1360-4-1-.01 thru .20, and any successor or additional rules thereto.

(2) Any provision of these rules, except Rules 1340-02-02-.06, .21 and .25, may be suspended by the commissioner upon motion by a party where clearly warranted in the interest of justice.

Any suspension order must be in writing with a reason given for the suspension. The suspension order must be served by the commissioner on all parties to a contested case in which a suspension is ordered.

(3) These Rules shall be construed to secure the just, speedy, and inexpensive determination of claims and Notices of Seizure. Where appropriate and to the extent necessary to secure just, speedy, and inexpensive determinations, any procedural matter that is not specifically addressed by these rules may be addressed by reference to provisions of state or federal law.

For guidance, reference should first be made to T.C.A. § 40-33-201, et seq., and the Tennessee Drug Control Act, or T.C.A. § 53-11-201, et seq., or T.C.A. § 55-10-414, or T.C.A. § 55-50-504, or T.C.A. § 55-50-506, or T.C.A. § 55-5-108, or any other statute pursuant to which the department holds asset forfeiture hearings, as applicable; and second, to the Uniform Administrative Procedures Act. These proceedings are not exclusively governed by the Tennessee Rules of Evidence. (See T.C.A. § 4-5-313(1)).

(4) For matters outside the definition of “rule” by the UAPA, T.C.A. §4-5-102(10), nothing in these rules shall prohibit the use of informal policies and internal procedures for the administration of the Act and the handling of seized property.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-214 as amended by Public Chapter 910 (1996) and Public Chapter 959 (1996) and 53-11-201(j).
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed October 31, 1996; effective February 28, 1997. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.02 DEFINITIONS

(1) Act. T.C.A. § 40-33-201, et seq., as amended, or T.C.A. § 53-11-201, et seq., as amended, or T.C.A. § 55-10-414, as amended, or T.C.A. § 55-50-504, as amended, or T.C.A. § 55-5-506, as amended, or T.C.A. § 55-5-108, as amended, or any successor law(s).

(2) Administrative Judge. An employee or official of the administrative procedures division of the office of the secretary of state or the department licensed to practice law and authorized by the commissioner to conduct contested case proceedings. Wherever the term “administrative judge” is used in these rules, it is intended to include reference to the term “hearing officer” or “commissioner,” in cases in which a hearing officer or the commissioner conducts the proceedings. For purposes of these rules, a hearing officer is an employee or official of the office of the secretary of state or the department, not licensed to practice law, and authorized by the commissioner to conduct a contested case proceeding.

(3) Administrative Procedures Division. The division of the Department of State that supplies administrative judges to hear contested cases pursuant to the UAPA. If the department employs an administrative judge from the Administrative Procedures Division, the initial or final order shall not be deemed entered until the initial or final order has been filed with the Administrative Procedures Division. Hereinafter, the Administrative Procedures Division may be referred to as “APD”.

Address: Administrative Procedures Division Department of State th Floor, William R. Snodgrass Tower 312 Rosa L. Parks Avenue Nashville, Tennessee 37243-1102 Telephone number: (615) 741-7008 Fax: (615) 741-4472 (4) Appeals Division. The division of the department designated by the commissioner to administer certain contested case orders and all appellate matters under the Act, including but not limited to Final Orders, Interlocutory Appeals, Petitions for Reconsideration, Petitions for a Stay, Appeals of an Initial Order, and Notices of Review of an Initial Order.

Address: Appeals Division Tennessee Department of Safety 1150 Foster Avenue Nashville, TN 37243 Telephone number: (615) 251- 5114 Fax: (615) 253-4622 (5) Claim. A claim is a written request, signed under oath, for a hearing by a claimant seeking to recover an alleged interest in seized property. A claim must conform to Rule 1340-02-02-.07.

(6) Claimant. A person who files a claim alleging an interest in seized property.

(7) Contested Case. Administrative in rem forfeiture proceeding whereby the entire world’s interest in seized property is determined.

(8) Commissioner. The commissioner of the Tennessee Department of Safety.

(9) Department. The Tennessee Department of Safety.

(10) File(d). Actual receipt by the Legal Division.

(11) Judge. Judges and magistrates shall include (1) the judges of the Supreme Court; (2) the judges of the circuit, criminal, and chancery courts; (3) judicial commissioners; (4) judges of the courts of general sessions; (5) city judges in cities and towns; and (6) judges of juvenile courts.

(12) Legal Division. The division of the department designated by the commissioner to receive for filing all pleadings in contested case proceedings under the Act, to maintain the record in contested case proceedings under the Act, and to administer the Act as set out in these rules.

Address: Legal Division, Tennessee Department of Safety 1150 Foster Avenue Nashville, TN 37243 Telephone number: (615) 251-5296 Fax: (615) 532-7918 (13) Notice of Seizure. Department created form given to a person potentially having an interest in seized property.

(14) Party to a Contested Case. The department and the persons and entities who have properly filed pursuant to T.C.A. § 40-33-201, et seq. and any other applicable statute to protect their interest in the seized property.

(15) Pauper’s Oath. The Uniform Civil Affidavit of Indigency which must be completed and signed before a notary by any potential claimant alleging that the claimant cannot pay the cost bond.

(16) Person. Any individual, partnership, corporation, association or governmental subdivision, including any agency, division, or department of government, or public or private organization of any character.

(17) Pleadings. The notice of seizure, the claim, and any motions, memoranda, responses, answers, orders, notices, title searches, or other paper filed with the Legal Division shall comprise the pleadings in a contested case.

(18) Record. All items in a contested case filed with the Legal Division, including any pleadings, transcripts and exhibits, orders, or other items, and if an administrative judge has been utilized, all items set forth above plus any initial and final orders.

(19) Secured Party. The holder of a security interest in the seized property pursuant to T.C.A. § 47- 9-301, et seq.

(20) Seizing Agency. Any entity authorized to seize property pursuant to the applicable Act.

(21) Seized Property. Any property, excluding real property, seized pursuant to the Act.

(22) UAPA. The Uniform Administrative Procedures Act, T.C.A. § 4-5-101, et seq.

(23) Working Day. Any day or part of the day on which state offices are open for business.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed October 31, 1996; effective February 28, 1997. Repeal and new rule filed December 10, 2015; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.03 STYLE, FILING AND SERVICE OF PLEADINGS AND OTHER ITEMS

(1) All pleadings and other items required to be filed with the Legal Division and the Appeals Division by a time certain shall be filed by delivery in person or in any other manner, including mail or facsimile transmission, so long as they are actually received within the required time period. Any document received after regularly scheduled business hours shall be date stamped as of the next business day. Regularly scheduled business hours for the Legal Division are as follows: For the Central Time region of Tennessee 8:00 A.M.-4:30 P.M.

C.S.T. (C.D.S.T.) and for the Eastern Time region of Tennessee 8:00 A.M.-4:30 P.M.

E.S.T.(E.D.S.T.)

(2) A claim filed by facsimile transmission must be accompanied by a cost bond or a pauper’s oath in accordance with Rule 1340-02-02-.07 (5)(d), and (5)(e).

(3) Discovery materials that are not actually introduced as evidence need not be filed, except as set forth in Rule 1340-02-02-.13(3).

(4) A party shall serve copies of any filed item on all parties, by hand delivery, by mail or by any other means allowed by Rule 5 of the Tennessee Rules of Civil Procedure. Each pleading or other item shall contain a certificate of service indicating that copies have been served upon all parties. The administrative judge conducting the contested case proceeding must also be served.

(5) A “Notice of Hearing” filed by the Legal Division in compliance with T.C.A. § 4-5-307(b) shall bear a caption and include a department assigned contested case number. All subsequent pleadings or other items filed must bear this same caption and the contested case number.

All claims filed on a particular seized property shall receive the same contested case number.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Repeal and new rule filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.04 TIME

(1) Pursuant to T.C.A. § 40-33-206, any person claiming any interest in seized property shall file a claim within thirty (30) days after receipt of notice from the department:

(a) Any potential claimant who is not notified by the department and who could not reasonably be discovered pursuant to a search of the applicable public records shall have thirty (30) days from the date of the Forfeiture Warrant to file a claim.

(2) In computing any period of time prescribed or allowed by statute, rule, or order, the date of the act, event or default after which the designated period of time begins to run is not included.

The last day of the period so computed is included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.

(3) Except in regard to the filing of a claim as noted above in Paragraph (1), petitions for review under T.C.A. §§ 4-5-315, 4-5-317, 4-5-322, and 40-33-213, acts under Rules 1340-02-02-.05, .06 and .10(3)(b), or where otherwise prohibited by law, when an act in a contested case is required or allowed to be done at or within a specified time, the administrative judge may, at any time:

(a) With or without motion or notice, order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by previous order, or (b) Upon motion made after the expiration of the specified period, permit the act to be done late, where the failure to act was the result of excusable neglect. Nothing in this section shall be construed to allow any ex parte communications concerning any issue in the proceedings that would be prohibited by T.C.A. § 4-5-304.

(4) Mail Rule. THIS PART DOES NOT APPLY TO THE FILING OF CLAIMS OR ADMINISTRATIVE OR JUDICIAL APPEALS FROM AN INITIAL OR FINAL ORDER. Except as noted above, whenever a party has the right or is required to do some act or to take some proceedings within a prescribed time after the service of a notice or other paper and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendments filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.05 DUTIES OF THE SEIZING AGENCY

(1) Upon the seizure of any personal property subject to forfeiture pursuant to T.C.A. § 40-33-201 the seizing officer shall provide the person found in possession of the property, if known, a receipt titled a Notice of Seizure. Such Notice of Seizure shall contain the following:

(a) A general description of the property seized and, if the property is money, the amount seized;

(b) The date the property was seized and the date the notice of seizure was given to or mailed to the person in possession of the seized property;

(d) The reason the seizing officer believes the property is subject to seizure and forfeiture;

(e) The procedure by which recovery of the property may be sought, including any time periods during which a claim for recovery must be submitted; and (f) The consequences that will attach if no claim for recovery is filed within the applicable time period.

(2) Once personal property is seized pursuant to a provision of law that requires the issuance of a Forfeiture Warrant, no forfeiture action shall proceed unless a Forfeiture Warrant is issued in accordance with T.C.A. § 40-33-204 by a general sessions, circuit, criminal court or popularly elected city judge as defined in the Act. Such Forfeiture Warrant shall authorize the institution of a forfeiture proceeding.

(3) If an arrest was made at the time of the seizure, the officer making the seizure or the officer’s designee shall apply for a Forfeiture Warrant by filing an affidavit within five (5) working days following the property seizure. The Forfeiture Warrant shall be based upon proof by affidavit and shall have attached to it a copy of the Notice of Seizure. The affidavit in support of the Forfeiture Warrant shall state the following:

(a) The legal and factual basis making such property subject to forfeiture;

If the owner of the property was not the person in possession of the property at the time of seizure, and it can be determined from public records of titles, registrations, or other recorded documents, and the seizing agency intends to forfeit the owner’s interest, then the seizing agency must state the legal and factual basis for forfeiture of such owner’s interest in the property.
If the interest of a secured party with a duly perfected security interest as reflected in public records of titles, registrations, or other recorded documents is sought to be forfeited, then the seizing agency must state the legal and factual

basis for forfeiture of such secured party’s interest.

(4) The seizing officer may ask the judge for an additional ten (10) days to seek a Forfeiture Warrant. The seizing officer may assert to the judge that such officer is unable to determine the owner of the seized property or whether the owner’s interest is subject to forfeiture within the required five (5) day period.

(5) If the person in possession of the property is not the registered owner as determined from public records of titles, registrations, or other recorded documents, the officer may submit certain indicia of ownership to the judge which proves that the possessor is nonetheless an owner of the property. Such indicia of ownership shall include, but is not limited to the following:

(a) How the parties involved regarded ownership of the property in question;

(b) The intentions of the parties relative to ownership of the property;

(d) Who pays any insurance, license or fees required to possess or operate the property;

(e) Who maintains and repairs the property;

(f) Who uses or operates the property;

(g) Who has access to use the property;

(h) Who acts as if they have a proprietary interest in the property.

(6) Upon the seizure of any personal property subject to forfeiture pursuant to T.C.A. § 40-33-201 where the person in possession is not arrested, the seizing officer shall provide the person found in possession of the property, if known, a notice entitled "Notice of Forfeiture Warrant Hearing". This notice shall contain the following:

(a) The date, time, and court in which the seizing officer will be seeking a Forfeiture Warrant against the seized property pursuant to T.C.A. § 40-33-204;

(b) A statement that the person in possession is entitled to a appear in court at the stated date and time to contest the issuance of a Forfeiture Warrant against the seized property and that this hearing shall be civil in nature pursuant to T.C.A. § 40-33-204(b); and, (c) A statement that if the person in possession does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in title 40, chapter 33, part 2 and as stated on the Notice of Seizure.

(7) If no arrest was made at the time of the seizure, the officer making the seizure shall present to the court, at the date and time specified on the Notice of Forfeiture Warrant Hearing, the application for a Forfeiture Warrant, the affidavit in support, the notice of seizure, and the notice of Forfeiture Warrant hearing. At the hearing on the Forfeiture Warrant application, the court shall:

(a) Review the application for a Forfeiture Warrant and the affidavit in support and take testimony from the seizing officer regarding the probable cause to issue a Forfeiture Warrant, including any testimony as may be required in this section; and (b) Review any evidence presented by and take testimony from the person in possession at the time of the seizure regarding why no probable cause exists to issue a Forfeiture Warrant.

(c) If the person in possession at the time of the seizure does not appear at the hearing and has received notice of the hearing, then the court shall review the application for a Forfeiture Warrant ex parte as under subsection (b)(2).

(d) The taking of testimony shall consist solely of the judge putting the seizing officer and person in possession under oath and asking questions to determine if probable cause exists for a Forfeiture Warrant to be issued. Any examination by the judge of the seizing officer shall in no form or manner extend to whether the seizure is part of an ongoing investigation, nor shall the judge's examination extend in any form or manner to the source of any confidential information used in making a stop leading to seizure of the property.

(8) All hearings on applications for Forfeiture Warrants pursuant to Paragraphs 6 and 7 shall be recorded and maintained by the court. Certified copies of the proceeding shall be made available to any party requesting them, and the same shall be admissible as evidence.

(9) The seizing agency shall send a Notice of Seizure, Affidavit, Notice of Forfeiture Warrant Hearing, if applicable, and Forfeiture Warrant pursuant to T.C.A. § 40-33-204(e) to the Legal Division within seven (7) working days of the issuance of the Forfeiture Warrant. The Legal Division shall stamp the aforementioned documents with the date and time of receipt.

(10) The seizing agency shall not use or release any seized property unless and until an order of forfeiture has become final by the expiration of any relevant appeal time and the department has received payment of assessed costs in accordance with Rule 1340-02-02-.24.

(11) The seizing agency shall cooperate with the Legal Division in that division’s effort to administer the Act. In the absence of cooperation, and within the discretion of the staff attorney handling a particular claim, the department may settle a claim.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended; 53-11-201, et seq. and Public Chapter No. 382 (2013).
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Repeal and new rule filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.06 THE LEGAL DIVISION

(1) The Legal Division is designated by the commissioner to receive for filing all pleadings in contested case proceedings under the Act, to maintain the record in contested case proceedings under the Act, and to administer the Act as set out in these rules.

(2) Upon receipt of a Notice of Seizure, Affidavit and Forfeiture Warrant the Legal Division shall:

(a) Search for potential claimants and secured parties by:

Reviewing the Notice of Seizure and the Forfeiture Warrant, 2. Checking the vehicle’s identification number, registration, and title in appropriate public data bases, 3. Checking the secured party address file created under subparagraph 2(g) of this

Rule, and 4. Checking other sources of indicia of ownership as may be appropriate for the property seized.

(b) Take steps to notify each potential claimant and secured party unearthed through the search performed under subparagraph (2)(a) of this Rule, reflected on a Notice of Seizure, or related by a seizing agency after the filing of a Notice of Seizure.

(c) All potential claimants and secured parties shall be sent notification to their last known address that Forfeiture Warrant has been issued. The notice shall state the name of the potential claimant or secured party, the name of the person(s) in possession of the seized property, give a general description of the seized property, the reasons for the seizure, the procedure by which recovery of the property may be sought, including the time period in which a claim or proof of security interest shall be filed with the Legal Division, and the consequences of failing to file within the time period.

(d) Any potential claimant who is not notified by the department and who could not reasonably be discovered pursuant to a search of the applicable public records shall have thirty (30) days from the date of the Forfeiture Warrant to file a claim.

(e) Notice to a potential claimant or secured party shall be given in accordance with state and federal constitutional requirements. Such notice to a potential claimant or a secured party may be proven by any method used by the United States Postal Service to inform its users of the date of delivery of certified mail.

When the potential claimant or secured party or an agent or other representative of the potential claimant or secured party refuses to accept delivery and it is so stated in the return receipt of the United States Postal Service, the written return receipt if returned and filed in the case shall be deemed an actual and valid service of the notice. Service by mail is complete upon mailing. For purposes of these rules, the United States Postal Service notation that a properly addressed registered or certified letter is “unclaimed,” or other similar notation, is sufficient evidence of the potential claimant's refusal to accept delivery.

(f) If no claim or proof of security interest is received by the conclusion of the thirtieth (30th) day after the date of the potential claimant’s or secured party’s receipt of the Notice of Forfeiture Warrant sent by the Legal Division, seized property shall be forfeited to the state for disposition under the Act. A final order shall be issued. The final order shall be sent to each potential claimant and secured party and the person in possession of seized property.

(g) A secured party may at any time notify the Legal Division – Nashville in writing of any address or addresses that it wishes the Legal Division to use when sending a Notice of Forfeiture Warrant to that secured party. The Legal Division shall keep the requested address or addresses on file until notified otherwise in writing by the secured party.

Upon receiving written notification of address or addresses from a secured party in accordance with this rule, that shall be the primary address or addresses that the Legal Division shall use when sending a Notice of Forfeiture Warrant to that secured party until notified otherwise in writing by the secured party.

(3) Upon receipt of a claim, the Legal Division shall within thirty (30) days of such receipt establish a hearing date and set such case on a docket. Nothing in these Rules shall be construed as requiring the hearing to be conducted within the thirty (30) day period. Only the cases on the docket may be heard on the merits on that day and at that time.

(4) The commissioner designates the Legal Division to administer the forfeiture of seized property, to make settlements on behalf of the department and seizing agency, and to prosecute on behalf of the department all contested cases under the Act. The Legal Division, in its discretion, may associate with third party attorneys, e.g., district attorneys, seizing agency attorneys, etc., to prosecute the contested cases under the Act.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-308, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendments filed August 9, 2007; effective December 28, 2007. Repeal and new rule filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.07 FILING CLAIMS AND BONDS

(1) Filing Claims. A properly filed claim commences a contested case proceeding under the Act.

Each claimant shall file a separate claim, except a husband and wife with common interests may file a single claim but each must sign the claim.

(2) The Legal Division shall stamp or write on the claim the date that a claim is received. Any document received after regularly scheduled business hours shall be date stamped as of the next business day. Regularly scheduled business hours for the Legal Division are as follows:

For the central time region of Tennessee 8:00 A.M.-4:30 P.M. C.S.T. (C.D.S.T.) and for the eastern time region of Tennessee 8:00 A.M.-4:30 P.M. E.S.T.(E.D.S.T.)

(3) A purported claim that does not comply with Paragraph (4) of this Rule does NOT commence a contested case proceeding and does NOT stay the thirty (30) day filing time. Claims not filed by an attorney may be reviewed less stringently.

(4) Claim.

(a) A claim is a written request, signed by the claimant, seeking to recover an alleged interest in seized property. If the claimant is an individual, the claim must be signed by the claimant and/or claimant’s attorney. If the claimant is a business entity, the claim must be signed by an individual whose authority to sign is reflected on the claim. Claims shall be filed with the Legal Division at the address below within thirty (30) days of notification of a forfeiture warrant. A claim must set forth the following:

The full name of claimant.
The address where claimant will accept mail.
The telephone number where claimant can be reached.
Identification of the seized property in which claimant asserts an interest.
The nature and extent of claimant’s interest in the seized property.
A valid cost bond or Pauper’s Oath per paragraph (5) below.

(b) If a secured party with a duly perfected security interest receives notification pursuant to T.C.A. § 40-33-204(g) that a Forfeiture Warrant has been issued with regard to such secured property, such secured party must submit proof of the security interest (copy of title and security agreement) to the department within thirty (30) days of receipt of such notification in order for the provisions of this subparagraph to apply. A secured party with a duly perfected interest or any successor in interest to such secured party who does not receive notice of intent to forfeit such interest pursuant to T.C.A. § 40-33- 204(b)(3), need not file a claim to preserve any right such party may have to such property. However, it shall be the duty of the lienholder who receives notice pursuant to T.C.A. § 40-33-204(g) to inform the department that there is a successor-in-interest.

Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in the seized property or to assert a claim to the property as provided in T.C.A. § 40-33-206. If the department notifies a secured party that it intends to seek forfeiture of the secured party’s interest, it shall seek a Forfeiture Warrant against such secured party as provided in T.C.A. § 40-33-204(b). Upon receiving notice that such a Forfeiture Warrant has been issued, the secured party is required to file a claim for the property as provided in this part.

Any secured party, other than one described above, or any successor-in-interest to such secured party may file a claim for seized property by complying with the provisions of T.C.A. § 40-33-206, within thirty (30) days of the date the Forfeiture Warrant is issued.

(c) Claims, proof of security interests and any other filings in a contested case should be mailed or sent by facsimile to the Legal Office that serves the county in which the seizure took place:

Legal Division-Nashville Bedford Cannon Cheatham Clay Cumberland Davidson DeKalb Dickson Giles Hickman Houston Humphreys Jackson Lawrence Lewis Lincoln Macon Marshall Maury Montgomery Moore Overton Perry Pickett Putnam Robertson Rutherford Smith Stewart Sumner Trousdale Wayne White Williamson Wilson Legal Division - Nashville Tennessee Department of Safety 1150 Foster Avenue, Nashville, TN 37243 Telephone number: (615) 251-5296 Facsimile: (615) 532-7918 Legal Division – East Tennessee Anderson Bledsoe Blount Bradley Campbell Carter Claiborne Cocke Coffee Fentress Franklin Grainger Green Grundy Hamblen Hamilton Hancock Hawkins Jefferson Johnson Knox Loudon McMinn Marion Meigs Monroe Morgan Polk Rhea Roane Scott Sequatchie Sevier Sullivan Unicoi Union Van Buren Warren Washington Legal Division - East Tennessee Tennessee Department of Safety 7175 Strawberry Plains Pike, Ste. 301 Knoxville, TN 37914 Telephone Number: (865) 594-6519 Facsimile: (865) 594-5311 Legal Division – West Tennessee Benton Carroll Chester Crockett Decatur Dyer Fayette Gibson Hardeman Hardin Haywood Henderson Henry Lake Lauderdale McNairy Madison Obion Shelby Tipton Weakley Legal Division - West Tennessee Tennessee Department of Safety 6174 Macon Road Memphis, TN 38134 Telephone Number: (901) 372-0622 Facsimile: (901) 372-1294 Note: Claimants and secured parties may file at the Legal Division-Nashville address for any property seizure pursuant to the Act, regardless of the county of seizure.

(5) Cost Bonds. A claim shall have a valid cost bond or no contested case proceeding will commence. The following will be considered a valid cost bond:

(a) Money order or cashier’s check.

(b) Attorney’s check. Only checks from an attorney licensed to practice law in the State of Tennessee will be accepted.

(c) Surety. The commissioner may accept a surety signed by an attorney licensed to practice in the State of Tennessee, a bond from a licensed bonding company approved by the commissioner, or a corporate surety bond.

(d) Pauper’s Oath. Any individual claimant may file a claim without filing a cost bond if the individual claimant submits the Pauper’s Oath forms, properly completed, signed and notarized, provided by the Department. The factors that will be considered by the department in determining indigence are yearly income, the value of real and personal property owned, debts, other household income, and whether or not the claimant has hired an attorney to represent the claimant.

(e) To be a valid cost bond, any of the above bonds must be filed with the Legal Division, and not with the seizing agency.

(f) If a cost bond or a pauper’s oath is rejected, then claimant shall have ten (10) days from receipt of notification by Certified United States Mail Return Receipt Requested, or 10 days from the return to the department of the unclaimed notice:

To request a hearing on the improper cost bond or pauper’s oath. Failure to request a hearing is deemed a waiver of claimant’s right to a hearing on the improper cost bond or pauper’s oath and shall result in rejection of the claim; or 2. To provide a proper cost bond.

(6) Debarment. No check, surety, or bond shall be accepted from any attorney or bonding company that has failed to pay costs pursuant to a previous cost bond within thirty (30) days of notice by the department to pay. A claim accompanied by a cost bond from a debarred attorney or bonding company shall not commence a contested case proceeding.

(7) Bonding Out Seized Property. Bond for release of seized property for safekeeping purposes only shall consist of the following:

(a) Pending any contested case proceeding to recover a vehicle, aircraft or boat, the commissioner may bond out such seized property for its retail value per the N.A.D.A., Southeastern Edition for vehicles and boats and per a source approved by the commissioner for airplanes to a claimant who has established a right to immediate possession. The bond may be revoked at the discretion of the commissioner.

If the property seized was other than the property stated above, the bond shall be in an amount equal to two times the retail value of the property.
If the property seized was a motor vehicle titled in the name of one or more persons who are not secured parties, the bond shall be in an amount equal to the N.A.D.A., Southeastern Edition, retail value of the vehicle.

(b) A secured party may obtain immediate possession of the seized property by executing a bond in an amount equal to two (2) times the retail value of the property or by executing an annual bond or letter of credit with a regulated financial institution in the amount of twenty-five thousand dollars ($25,000). Upon submitting proof of such bond or letter of credit, the department or seizing agency shall release the property to the secured party.

Cashier’s check or money order.
Bond from a bonding company licensed in the State of Tennessee and approved by the commissioner.
An annual bond or letter of credit with a regulated financial institution in the amount of twenty-five thousand dollars ($25,000) submitted by a secured party.

(d) Bonded out property shall be returned in the same condition as of the date of the bondout order. If the bonded out property is returned in worse condition or not at all, at any settlement or contested case hearing, the bond shall be substituted for the bonded out property.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-308, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed August 9, 2007; effective December 28, 2007. Repeal and new rule filed December 10, 2014; effective March 10, 2015. Administrative correction to address made on July 2, 2018.

Tenn. Comp. R. & Regs. 1340-02-02-.08 REPRESENTATION BY COUNSEL

(1) Any individual party in a contested case may represent himself or herself. A business entity may participate through an authorized representative such as an officer, director or appropriate employee.

(2) Any party to a contested case may be represented, at his or her own expense, by an attorney either licensed in the State of Tennessee or in another state if approved by the administrative judge pursuant to paragraph 9 of this rule. If a claimant cannot afford to hire an attorney, then free or low-cost counsel might be available from a number of sources.

(3) A party to a contested case may not be represented by a non-attorney, except where Federal law requires.

(4) The Legal Division shall notify all parties in a contested case hearing of their right to be represented by counsel. An appearance by a party at a hearing without counsel may be deemed a waiver of the right to counsel.

(5) Entry of an appearance by counsel shall be made by:

(a) the filing of pleadings signed by counsel;

(b) the filing of a formal or informal notice of appearance signed by counsel; or (c) appearance as counsel at a prehearing conference or a hearing.

(6) After appearance, it is the affirmative duty of counsel to keep the Legal Division notified of a current address and telephone number where counsel can be reached by mail and phone.

(7) After appearance of counsel, all pleadings and other items shall be served by the parties upon counsel and not the claimant.

(8) Counsel cannot withdraw except upon motion granted by the administrative judge.

(9) Out-of-state counsel shall comply with T.C.A. § 23-1-108 and Supreme Court Rule 19, except that the affidavit referred to in Supreme Court Rule 19 shall be filed with the Legal Division and approved by the administrative judge .

History

Authority: T.C.A. §§4-3-2009, 4-5-219, 4-5-301(b), 4-5-305, 40-33-201, et seq., as amended, and 53-11- 201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.09 SETTLEMENT

(1) Settlements are encouraged. After a timely valid claim has been filed, the claimant may enter into a written settlement agreement with either the department or the seizing agency.

All settlements are subject to approval by the department. If a claim is filed timely with a settlement agreement, costs may be reduced.

(a) A settlement agreement shall reflect the terms of the settlement on a form provided by the Legal Division. It must be signed by the claimant and/or claimant’s counsel and the designated authority of the seizing agency and/or the department.

(b) The commissioner shall enter a final order of settlement that incorporates the settlement agreement. The final order shall be served on the claimant and the seizing agency, with a copy maintained in the Legal Division’s case file.

(c) Upon entry of a final order of settlement and upon the parties’ compliance with its terms, the seized property shall be released to the claimant or forfeited to the state for disposition under the Act.

(d) The final order of settlement may provide that the failure of a claimant to comply with the terms of the order may result in the forfeiture of the seized property to the state subject to the disposition of any other timely, valid claim. Prior to the issuance of the final order in a case where the claimant has failed to comply with the order of settlement, the claimant shall have the opportunity to appear in a show cause hearing.

(e) The seizing agency shall not release any property until it has received a final order.

(2) The administrative judge shall not, in any way, interfere in any settlement negotiations or render advice to either party during settlement negotiations.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-305, 40-33-201, et seq., as amended, and 53- 11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.10 MOTIONS

(1) Scope.

(a) This rule applies to all motions in a contested case proceeding. Motions in a contested case before the administrative judge shall be filed with the APD with a copy certified to the Legal Division and other parties. All other motions shall be filed with the Legal Division with a copy certified to the other parties. Each party shall be responsible for filing its own motions and/or pleadings. The department is not responsible for filing another party’s motions or ensuring timely filing with the APD, the commissioner or any court.

(b) Parties to a contested case proceeding are encouraged to resolve matters on an informal basis; however, if efforts at informal resolutions fail, any party may request relief in the form of a motion. Motions shall state why the motion should be granted and the grounds upon which movant relies. Each motion which is based on a legal issue shall be accompanied by a memorandum of law. Failure to submit a memorandum in support of a motion will result in the striking of the motion.

(c) Parties to a contested case proceeding should bring matters to the attention of the administrative judge and opposing parties before a hearing on the merits in order to avoid delay at the hearing. Certain motions, set out in subparagraph (3)(b) of this Rule, must be made at a particular time. If there is inadequate prior notice of a motion, then the administrative judge shall grant a continuance to the non-moving party if to proceed would prejudice the non-movant’s case.

(2) Rulings and Interlocutory Appeals.

(a) All decisions on motions shall be made by the administrative judge and shall be reviewable on interlocutory appeal to the commissioner.

(b) Interlocutory appeals to the commissioner shall be accompanied by a memorandum of facts and law.

(c) This Rule does not preclude the administrative judge from convening a hearing on motions or converting a prehearing conference to a hearing at any time pursuant to T.C.A. § 4-5-306(b) to consider any question of law. Per T.C.A. § 40-33-209(c), all hearings shall be recorded.

(3) Time Limits.

(a) A party may file a written response to any motion within seven (7) days of the date the motion was filed. Motions shall be submitted for disposition after responses are filed or after the expiration of time for filing such response, unless oral argument is granted.

(b) Certain motions shall be made in writing at least ten (10) days prior to a hearing on the merits. These motions are:

Motions to suppress evidence for any reason, 2. All discovery motions, 3. Motions asserting an affirmative defense, 4. Motions for the testimony of a departmental keeper of the record, and 5. Motions for the testimony of a toxicologist.

Failure to file a motion timely will result in the striking of the motion.

(4) Oral Argument.

(a) A party may request oral argument on a motion by stating in the caption of a motion underneath the docket number: “Oral Argument Requested.” Oral argument may be unnecessary and will be granted at the discretion of the administrative judge. If oral argument is requested, the motion may be argued electronically per T.C.A. § 4-5-312.

(5) Affidavits; Briefs and Supporting Statements.

(a) Motions and responses thereto shall be accompanied by all supporting affidavits and briefs or supporting statements. All motions and responses thereto shall be supported by affidavits for facts relied upon which are not of record or which are not subject to official notice. Affidavits shall set forth only facts which are admissible in evidence under T.C.A. § 4-5-313, and to which the affiants are competent to testify.

(b) In the discretion of the administrative judge, a party may be required to submit additional briefs or supporting statements pursuant to a schedule established by the administrative judge.

(6) Disposition of Motions; Drafting the Order.

(a) The administrative judge shall render a decision on the motion by issuing either a written order or a verbal ruling on the record. The administrative judge may instruct the prevailing party to prepare and submit an order. If the ALJ does not intend to issue a written order, the ALJ shall state such intention on the record and the date of the record shall be the effective date of such order.

(b) The administrative judge shall file the order in the Administrative Procedures Division and serve the order upon the parties.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-308, 4-5-312, 4-5-313, 40-33-201, et seq., as amended, and 3-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Repeal and new rule filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.11 SERVICE OF NOTICE OF HEARING

(1) At a reasonable time prior to a hearing, a “Notice of Hearing” shall be filed by the Legal Division and served on all parties, per Rule 1340-02-02-.03(4).

(2) In serving a “Notice of Hearing,” the Legal Division shall rely upon the addresses of record as given by a claimant or by claimant’s counsel. Proof of service per Rule 1340-02-02-.03(4) to the addresses of record shall establish a rebuttable presumption that claimant or claimant’s counsel received notice of the hearing date.

(3) Notice of hearing for a second or subsequent setting of the hearing will be by certified mail, return receipt requested. Such notice may be proven as set forth in Rule 1340-02-02-.06(2).

Claimants and their attorneys shall have an affirmative duty to notify the Legal Division in writing of any change in address.

(4) All claims filed against a specific seized property shall be consolidated for a single hearing.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-307, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.12 CONTINUANCES

(1) Notice of hearing for a second or subsequent setting of the hearing will be by certified mail, return receipt requested. Such notice may be proven as set forth in Rule 1340-02-02-.06(2).

Claimants and their attorneys shall have an affirmative duty to notify the Legal Division in writing of any change in address.

(2) If rulings on preliminary motions at a hearing on the merits cause prejudice to a party who received inadequate notice of the motion prior to the date of the hearing, then a continuance shall be granted.

(3) Any case may be continued by mutual consent of the parties.

(4) A continuance shall be granted rather than a default or dismissal for failure to appear at the first setting of a case.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-307, 4-5-308, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.13 DISCOVERY

(1) Parties are encouraged to conduct discovery informally, in order to avoid undue expense and delay in the resolution of the contested case proceeding. When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, discovery may be guided by reference to Rule 26.01 of the Tennessee Rules of Civil Procedure.

(2) Discovery shall be completed at least ten (10) days prior to a hearing on the merits. Upon motion of a party or the administrative judge, the administrative judge may order that the discovery be completed by a date certain.

(3) Any motion to compel discovery, motion to quash, motion for protective order, motion to enlarge the permitted number of interrogatories, or other discovery-related motion, shall:

(a) quote verbatim the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena, or excerpt of a deposition which shows the question and objection or response, if applicable;

(b) state the reason or reasons supporting the motion, including a memorandum applying law to facts; and (c) be accompanied by a statement certifying that the movant has made a good faith effort to resolve by agreement the issues raised and that agreement has not been achieved.

Such effort shall be set forth with particularity in the statement.

(4) Other than as provided in subsection (3) above, discovery materials need not be filed with the Legal Division, but must be served on opposing counsel.

(5) Depositions. There shall be at least ten (10) working days notice given before the taking of a deposition, unless otherwise agreed by the parties. If a motion for a protective order is filed before the deposition takes place, then the deposition is stayed automatically until the motion is stricken or an order on the motion becomes final. An order by an administrative judge allowing a deposition to go forward may be appealed in the manner prescribed by Rule 1340- 2-2-.10(2) within ten (10) days of the entry of the order.

(6) Interrogatories. No party shall serve on any other party more than thirty (30) single question interrogatories, including subparts, without leave of the administrative judge. The answering party shall verify the answers immediately following the answer to the last interrogatory.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-311, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.14 SUBPOENAS

(1) The administrative judge, at the request of any party, shall issue signed subpoenas in blank.

Service may be proven as set forth in Rule 1340-02-02-.06(e). Parties shall complete and serve their own subpoenas.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-311, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.15 BURDEN OF PROOF

(1) The “burden of proof” refers to the duty of a party to present evidence on and to show, by a preponderance of the evidence, that an allegation of fact is true or that an issue should be resolved in favor of that party.

(2) A “preponderance of the evidence” means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion.

(3) The claimant has the burden of proof as to standing, as to any motions or other pleadings advanced by the claimant, and as to any matter set forth in the Act whereby the burden of proof is placed on the claimant. Claimant’s burden of proof at a contested case hearing includes proving the requisites of T.C.A. §53-11-201(f)(1) and any alleged exception from forfeiture.

(4) The department has the burden of proof as to the illegal use of the seized property pursuant to the Act and as to any motions or other pleadings advanced by the department.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.16 ORDER OF PROCEEDINGS

(1) The order of proceedings for the hearing of contested cases is as follows:

(a) Prior to a hearing, the administrative judge may confer with the parties to discuss the order of proceedings, admissibility of evidence, number of witnesses and other matters, provided, however, that the administrative judge shall not act as an advocate in any contested case.

(b) Hearing is called to order by the administrative judge.

(c) The parties, their counsel and the administrative judge introduce themselves for the record. If necessary, the administrative judge gives a brief statement about the nature of the proceedings and the making of legal rulings.

(d) The administrative judge states what documents the record contains.

(e) The witnesses are sworn.

(f) The administrative judge asks the parties if they call for the exclusion of witnesses from the hearing under “the Rule.” If so, the excluded witnesses are instructed not to discuss the case during the pendency of the proceeding. Notwithstanding the exclusion of witnesses, individual parties will be permitted to stay in the hearing room. The seizing agency or any party that is a corporation or other artificial person may have one appropriate individual, other than counsel, who may also be a witness, remain in the hearing room as its representative.

(g) Any preliminary motions, stipulations, or agreed orders are entertained.

Motions that may be heard at this time include, but are not limited to, a motion to suppress filed at least ten (10) days prior to the date of the hearing, a motion to de-pauperize a claimant, a motion asserting an affirmative defense, and a motion to strike a claim upon the claimant’s lack of standing, and a motion to strike a claim pursuant to T.C.A. § 53-11-201(f)(1).
The administrative judge shall rule on a motion to suppress before the contested case proceeds further. If any part of a motion to suppress is granted, the department shall have a short recess to reevaluate its case and to decide whether to proceed.
The administrative judge shall rule on a motion to strike a claim for lack of standing and a motion to de-pauperize a claimant before the contested case proceeds further. If the motion to strike is granted, then claimant’s claim shall be dismissed and the property forfeited to the state. If a motion to depauperize is granted, and if the administrative judge finds that the claimant has committed perjury, then the claim may be dismissed; otherwise, the claimant shall be given ten (10) days within which to provide the cost bond. The hearing will then be reset contingent upon a timely cost bond being filed.

(h) The parties make opening statements.

(i) The Legal Division calls its witnesses and questioning proceeds as follows:

Legal Division questions.
Claimant cross-examines.
Legal Division redirects.
Claimant re-cross-examines.
Legal Division continues with its witnesses until it concludes its case.

(j) Claimant may move to dismiss the department’s case for failure to carry its burden of proof. If Claimant’s motion is granted, the case is concluded. If the Claimant’s motion is not granted, then the case proceeds as set out herein.

(k) Claimant proceeds with the case, following the above pattern with the parties switched, until claimant’s case is concluded.

(l) Questioning proceeds as long as is necessary to provide all pertinent testimony by all parties.

(m) Claimant and the Legal Division shall be allowed to call appropriate rebuttal and rejoinder witnesses with the examination proceeding as set forth in paragraph (i).

Rebuttal and rejoinder witness may have heard the testimony of the witness to be rebutted or rejoined, in accordance with Rule 615 of the Tennessee Rules of Evidence.

(n) Closing arguments are allowed all parties.

(o) If the commissioner is hearing the case, then the parties are informed that a Final Order will be entered and sent to the parties, with appeal rights explained. If an administrative judge hears the case, the parties are informed that an Initial Order will be entered and sent to the parties, with appeal rights explained. Either the commissioner or the administrative judge may make an oral ruling at the conclusion of the contested case proceeding; however, an oral ruling shall be placed into appropriate written form as an order and sent to the parties, with appeal rights explained. If the ALJ does not intend to issue a written order, the ALJ shall state such intention on the record and the date of the record shall be the effective date of such order.

(2) Paragraph (1) of this Rule is intended to be a general outline as to the conduct of a contested case proceeding and it is not intended that a departure from the literal form or substance of this outline, in order to expedite or ensure fairness of proceedings, would be in violation of this

Rule. In all cases, preliminary motions on suppression, affirmative defenses, standing and motions to strike pursuant to T.C.A. § 53-11-201(f)(1) shall be decided before a hearing proceeds.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-312, 40-33-201, et seq., as amended, and 53- 11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.17 DEFAULT AND UNCONTESTED PROCEEDINGS

(1) Default. A motion for default may be in writing or oral.

(a) The failure of a party to attend or to participate in a prehearing conference, a party’s non-attendance at a second setting of a hearing on the merits in a case or a party’s non-attendance at another stage of contested case proceedings after notice thereof are each causes for holding such party in default pursuant to T.C.A. §4-5-309.

(b) The failure of a party to comply with any lawful order of the administrative judge that is necessary to maintain the orderly conduct of a hearing may be deemed a failure to participate in a stage of a contested case and be cause for a holding of default.

(c) In any situation set out in subparagraphs (a) and (b) of this Rule, a motion may be made to hold the absent party in default and to enter an initial default order or to continue on an uncontested basis.

(d) No default shall be entered against a claimant for failure to attend except upon proof, that the Legal Division has given notice of the hearing per Rule 1340-02-02-.06(2)(e).

(e) Upon default by a party, an administrative judge may enter either an initial default order or an order for an uncontested proceeding. An order under this part must be in writing, with reasons given and appeal rights stated. Uncontested proceedings may go forward at the time of default. These orders must subsequently be filed with the Legal Division.

(f) The defaulting party, no later than ten (10) days after service of an order may file a motion for reconsideration under T.C.A. § 4-5-317, requesting that the default be set aside for good cause shown, and stating the grounds relied upon. The administrative judge may enter an order pursuant to T.C.A. § 4-5-317. These orders by an administrative judge are reviewable by the commissioner.

(g) No party shall be required by the administrative judge to call or inquire as to the whereabouts of a missing party.

(h) A default shall be deemed effective as of the date and time that the party failed to appear after having been properly noticed to the hearing.

(2) Effect of Default.

(a) Upon a default by the agency, a claimant’s claim shall be granted by initial default order or, if the claimant requests, the claimant may proceed uncontested.

(b) Upon a default by a claimant, a claimant’s claim shall be stricken by initial default order or, if the agency requests, the agency may proceed uncontested.

(3) Uncontested Proceeding. When the matter is tried as uncontested, the party having the burden of proof must establish its case by a preponderance of the evidence.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-309, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2015; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.18 COMMON EVIDENTIARY PROBLEMS AND PRECEDENT

(1) Privileges. All privileges recognized by constitution, statute, common law, or by these or other applicable rules, apply to contested case proceedings under the Act.

(a) Fifth Amendment. In accordance with state and Federal law:

A person who asserts the Fifth Amendment right against self-incrimination in response to any discovery or at a hearing shall personally assert that right.
If a claimant invokes the Fifth Amendment, then the inference is that the response called for is adverse to the claimant’s case. This inference shall be taken by an administrative judge and shall be used to support the department’s burden of proof in accordance with applicable law.

(b) Informant’s Privilege. The name of a confidential informant shall not be revealed, provided, however, that in the event the name of a confidential informant is ordered revealed, the department may, in its discretion, either dismiss its case or appeal such order. If an appeal is taken, the case shall be stayed until such appeal is concluded.

(2) The Rule. In all contested cases, the testimony of witnesses shall be taken in open hearings.

Under the rule, witnesses may be excluded prior to their testimony, except that a representative of the seizing agency or business entity may sit with counsel as provided in

Rule 1340-02-02-.16(1)(f).

(3) Admissibility. The standard for admissibility of evidence is set forth at T.C.A. §4-5-313.

These proceedings are not governed exclusively by the Tennessee Rules of Evidence.

(4) Toxicology. Any controlled substance, controlled substance analogue, counterfeit, intoxicant, marijuana, narcotic drug producing stimulating effects on the central nervous system, legend drug, any scheduled drug, prescription drug or any other substance set forth in T.C.A. § 39- 17-401, et seq. may be identified for the purpose of the contested case by the testimony of a qualified representative of a seizing agency, statements of the claimant or claimant’s coconspirator(s), field test, breath alcohol content (BAC) test, toxicology report or testimony of a toxicologist.

(a) If the claimant objects to the introduction of a toxicologist report without the testimony of the toxicologist, the claimant may request that a toxicologist testify at the hearing.

(b) The department shall be granted a continuance, in the event of such request, to subpoena the toxicologist, and the hearing shall be reset to allow introduction of the toxicologist’s testimony and report.

(c) Failure to request a toxicologist or keeper of the records within ten (10) days of the date of the hearing constitutes a waiver.

(5) Statements against interest of the claimant by persons in possession of seized property are relevant and may be admitted into evidence pursuant to T.C.A. §4-5-313.

(6) Affidavits shall be filed pursuant to T.C.A. §4-5-313.

(7) A final order by the Commissioner on an issue that has not been reversed, remanded, or significantly modified by a court, or that has been affirmed by a court, establishes legal precedent that administrative judges shall follow in cases under the Act.

(8) A Certified Driving Record shall be admissible in these hearings without requiring the Legal Division to produce the keeper of the records.

(a) If the claimant objects to the introduction of a Certified Driving Record without the testimony of the keeper of the records, the claimant may request that the keeper of the records testify at the hearing.

(b) The department shall be granted a continuance, in the event of such request, to subpoena the keeper of the records and the hearing shall be reset to allow introduction of the testimony of the keeper of the records.

(c) Failure to request the appearance of the keeper of the records within ten (10) days of the hearing constitutes a waiver.

(9) Any Field Test for alcohol and controlled substances and breath alcohol tests shall be admissible in these hearings to meet the preponderance of the evidence without requiring the State to produce the person who administered the Field Test.

(a) If the claimant objects to the introduction of a Field Test without the testimony of those who administered the tests, the claimant may request that those who administered the tests testify at the hearing.

(b) The department shall be granted a continuance, in the event of such request, to subpoena those who administered the tests, and the hearing shall be reset to allow introduction of the testimony of those who administered the tests.

(c) Failure to request the appearance of those who administered the tests within ten (10) days of the date of the hearing constitutes a waiver.

(10) Arrest records shall be admissible in these hearings.

History

Authority: T.C.A §§ 4-3-2009, 4-5-219, 4-5-312, 4-5-313, 40-33-201, et seq., as amended, and 53-11- 201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed October 31, 1996; effective February 28, 1997. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.19 CLERICAL MISTAKES

(1) Clerical mistakes in orders or other parts of the record, and errors arising from oversight or omissions, may be corrected by the respective administrative judge or the commissioner on motion of any party or on their own motion, as the interest of justice requires, provided, however, that the administrative judges shall correct clerical errors on their own motion when so notified by the Legal Division of errors in the initial orders. The entering of a corrected order will not affect the dates of the original appeal time period.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Repeal and new rule filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.20 INTERVENTION

(1) All petitions for leave to intervene in a pending contested case shall be filed in accordance with T.C.A. §4-5-310, with a legal memorandum attached that states any and all facts and legal theories under which the petitioner asserts to be qualified as an intervenor.

(2) In deciding whether to grant a petition to intervene, the following factors shall be considered:

(a) Whether the petitioner asserts an interest relating to the case and whether the petitioner is so situated that the disposition of the case may as a practical matter impair or impede petitioner’s ability to protect that interest;

(b) Whether the petitioner’s assertion of interest and the main case have a question of law or fact in common;

(d) Whether admittance of a new party will render the hearing unmanageable or interfere with the interests of justice and the orderly and prompt conduct of the proceedings.

(3) In deciding a petition to intervene, the administrative judge may impose conditions upon the intervenor’s participation in the proceedings as set forth at T.C.A. §4-5-310(c).

(4) As prohibited by Rule 1340-02-02-.07(4), the provisions of this rule do not permit the inclusion of an additional claimant or additional seized property to pending contested cases.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-310, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.21 THE APPEALS DIVISION

(1) The Appeals Division is designated by the Commissioner to administer contested case matters that involve the Commissioner, including but not limited to, final orders, Interlocutory Appeals, Petitions for Reconsideration of a Commissioner’s Order, Petitions for a Stay, Appeals of an Initial Order, and Notices of Review of an Initial Order. The original of all appellate matters must be filed with the Appellate Division, with service to the Legal Division and to the appropriate party.

(2) However, any appeals or reconsiderations of an initial order rendered by an administrative judge must be filed within the specified time period with the APD, with a copy certified to the other party. All other appeals must be filed with the Appeals Division with a copy certified to the other party.

(3) If transfer of the record from the Legal Division is necessary for the administration of an appellate matter, the Legal Division shall transfer the record upon request by the Appeals Division. The record must be logged out of the Legal Division to the Appeals Division. Upon completion of the appeal, such file shall be returned to the appropriate Legal Division.

(4) The Appeals Division may advise the commissioner on appellate matters in accordance with T.C.A. § 4-5-304. By filing a delegation order in a specific case, the commissioner may delegate to the Appeals Division the authority to enter a final administrative order. Any delegation order must be served upon all parties. The commissioner may file a blanket order delegating to the Appeals Division the authority to enter a final administrative order on all settlements per Rule 1340-02-02-.09(1)(b) and administrative forfeitures. Every order entered by the Appeals Division shall recite the authority under which it is entered.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-315, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Repeal and new rule filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.22 PETITIONS FOR RECONSIDERATION OR A STAY

(1) Petitions for Reconsideration.

(a) Any party may file a petition for reconsideration within fifteen (15) days after entry of an initial or final order. The filing of a petition is not a prerequisite for seeking administrative or judicial review.

(b) A petition for reconsideration shall be disposed of by the same person who rendered the initial or final order, if available.

(c) Any petition for reconsideration shall include the specific grounds upon which relief is requested. It shall be accompanied by a memorandum applying law to facts and stating why the petition should be granted. Failure to submit such a memorandum will result in the striking of a petition.

(d) If a party seeks to present new evidence, the petition shall include a statement showing good cause for the failure to introduce the proposed new evidence in the original proceeding and a detailed description of any such proposed new evidence, including copies of documents, identities and addresses of witnesses, and summaries of testimony. Documents that are unavailable at the time the petition is filed shall be described in as much detail as is possible and shall be provided at a later time, should a hearing be granted, but not later than three (3) working days prior to any hearing on the petition.

(e) A petition for reconsideration may be granted or denied pursuant to T.C.A. §4-5-317, to the following extent:

Any such petition not granted within the 20-day time period set at T.C.A. §4-5- 317(c) shall be deemed denied.
If a petition is granted, then a new order may issue or the matter may be set for further hearing by written order served upon all parties. Such hearing may be conducted electronically per T.C.A. §4-5-312.
If a hearing is ordered, the order shall state that: the parties may make oral argument on the merits of the petition, the party seeking reconsideration may present new evidence only if good cause is shown for the failure to introduce the new evidence in the original hearing, and the opposing party may present rebuttal proof if the party seeking reconsideration is allowed to present new evidence.
Any new evidence introduced by the party seeking reconsideration shall be limited to that described in the petition for reconsideration as required in subparagraph (1)(d) of this rule.

(2) Petitions for Stays.

(a) A party may submit to the administrative procedures division or the Appeals Division a petition for stay of effectiveness of an initial or final order within seven (7) days after its entry unless otherwise provided by statute or stated in the initial or final order. The Appeals Division may take action on the petition for stay, either before or after the effective date of the initial or final order.

(b) A hearing may be scheduled on a petition for a stay. Such hearing may be conducted electronically per T.C.A. § 4-5-312.

(c) Automatic Stay. By operation of this rule, an automatic stay shall be in effect for every initial or final order under the Act to prohibit the disposition of the property seized and forfeited, pending the expiration of time for administrative and judicial appeals, unless otherwise provided by a settlement order. The automatic stay does not toll the running of any time limits.

(d) If time for a judicial appeal expires, then so does the automatic stay.

(e) If a judicial appeal is timely filed by a claimant, then the automatic stay continues until modified by the court.

(f) Either the department or the claimant may move either the administrative judge, the commissioner, or the Chancery Court of Davidson County for relief from the automatic stay. Moreover, the department and the claimant may agree to dissolve the automatic stay.

(g) Any petition for a stay shall include the specific grounds upon which relief is requested.

It shall be accompanied by a memorandum applying law to facts and stating why the petition should be granted. Failure to submit such a memorandum will result in the striking of the petition.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-316, 4-5-317, 40-33-201, et seq., as amended, and 53-11- 201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.23 FILING OF ORDERS

(1) After the administrative judge has made a decision in a contested case hearing, the order will be filed with the Administrative Procedures Division and the administrative judge shall serve copies on all parties and the regional Legal Division in which the contested case was heard.

The order shall state that it is entered upon the date that it is filed with the Administrative Procedure Division. The administrative judge shall insure that a copy of the order with its entry date filled in is mailed to all opposing parties on the date of entry. All orders shall contain a clear and concise statement of the available procedures and time limits for seeking reconsideration or other administrative relief and the time limits for seeking judicial review of the final order. All orders of the commissioner shall state thereon the date of entry and shall be filed with the Legal Division, with copies served on the opposing parties. All such orders shall be accompanied by a clear and concise statement of the available procedures and time limits for seeking reconsideration and the time limits for seeking judicial review.

(2) Any order rendered by an administrative judge shall be an Initial Order with findings of fact and conclusions of law, provided, however, that orders or rulings rendered verbally on the record shall contain a short, concise statement of the law and facts, if applicable, supporting the administrative judge’s decision.

(3) All orders, procedural or otherwise, by an administrative judge shall be reviewable by the commissioner, in accord with these rules.

(4) No seizing agency shall release seized property to a claimant unless in possession of a Final Order.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.24 COSTS OF ADMINISTRATION AND PROCEEDINGS

(1) Administrative costs of $350.00 shall accompany a petition for hearing and shall attach when a hearing date is set by the Legal Division.

(a) In certain circumstances, in the discretion of the department, the administrative costs may be reduced as part of settlement negotiations.

(b) If the final order determines that all the seized property from the claimant shall be returned to the claimant, then no administrative costs shall attach and any such costs received by the commissioner will be refunded.

(2) Storage Costs.

(a) Storage costs may be assessed by the seizing agency and such costs may be negotiated as part of a settlement and compromise agreement.

(b) Storage costs, not negotiated pursuant to a settlement and compromise agreement, may only be assessed from the date of the order disposing of the case, except against a prevailing claimant.

(c) The commissioner may assess appropriate storage costs against a claimant in any case where the seized property must be stored in a facility to protect the condition of the seized property, except against a prevailing claimant.

(3) The department may assess wrecker fees and other reasonable costs that arise from the transportation and storage of the seized property, except against a prevailing claimant.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.25 CODE OF CONDUCT

(1) Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1 through 4, of the Rules of the Tennessee Supreme Court, and any subsequent amendment thereto, shall apply to all administrative judges and to personnel in the Appeals Division. However, any complaints regarding the conduct under the code of any individual administrative judge shall be made to the chief administrative judge or other comparable entity with supervisory authority over the administrative judge, and any complaints about the chief administrative judge shall be made to the appointing authority.

Complaints about the Appeals Division shall be made to the commissioner.

(2) The Appeals Division shall be entirely separate in personnel and functions from the other divisions of the department. Personnel in the Appeals Division shall work only for the Appeals Division.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995.

Tenn. Comp. R. & Regs. 1340-02-02-.26 DECLARATORY ORDERS

(1) Any affected person may petition the commissioner for a declaratory order as to the validity or the applicability of a statute, rule or order within the primary jurisdiction of the commissioner under the Act.

(2) The petition seeking a declaratory order shall be filed in writing with the department.

(3) The form of such petitions shall be substantially as follows:

(a) Caption—Petition for Declaratory Order Before the Commissioner.

(b) Name of Petitioner (c) Address of Petitioner (d) Department rule, order, or statutory provision on which declaratory order is sought (e) Statement of the facts of the controversy and description of how this rule, order or statute affects or could affect the Petitioner.

(f) Description of requested ruling (g) Signature of Petitioner (h) Date of Petition (4) A memorandum of law shall accompany the petition setting forth the legal basis why the declaratory order should be granted. Failure to submit a memorandum in support of a petition will result in the denial of the petition. The commissioner may ask for additional facts or law before deciding whether to convene a contested case proceeding or to grant or deny the petition.

(5) In the event the commissioner convenes a contested case hearing pursuant to this rule and T.C.A. § 4-5-223, the Commissioner shall determine whether a departmental hearing officer or an administrative judge, either departmental or from APD, shall hear the case. If an administrative judge from APD is to hear the case, then APD shall be notified and shall be provided originals or legible copies of all pleadings, motions, objections, etc.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-223, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.

Tenn. Comp. R. & Regs. 1340-02-02-.27 REPEALED

History

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Repeal filed December 10, 2014; effective March 10, 2015.

Chapter 1340-02-03 Department of Safety Approved Enhanced Handgun Safety Program

Tenn. Comp. R. & Regs. 1340-02-03-.01 Department of Safety Approved Enhanced Handgun Safety Program

PURPOSE AND SCOPE.

To establish uniform, statewide, minimum standards for the certification of Enhanced Handgun Safety Schools and instructors for non-police residents of Tennessee, and the approval of those programs under the provisions of T.C.A. § 39-17-1351.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.02 DEFINITIONS

(1) Commercially Manufactured Ammunition – Ammunition manufactured by a company and/or business properly licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(2) Commissioner – The Commissioner of the Tennessee Department of Safety.

(3) Department – The Tennessee Department of Safety.

(4) Director – A person designated by the Commissioner to plan, organize, and administer the Enhanced Handgun Carry Permit Safety Program.

(5) Enhanced Handgun Safety Course – A course of instruction outlined herein which provides education in the fundamentals of handgun safety and the use and operation of handguns for non-police residents of Tennessee.

(6) Enhanced Handgun Safety Program – A Department approved Handgun Safety Course as required by T.C.A. § 39-17-1351 as amended.

(7) Enhanced Handgun Safety School – A private organization, individual, corporation, governmental body, or other public entity approved by the Department to conduct Enhanced Handgun Safety Courses.

(8) Eye Protection – Meets or exceeds American National Standard Institute (ANSI) 87.1 Standard.

(9) Firing Line – A line, from which, gunfire is directed toward targets.

(10) Firing Range – A location, at which, firearms training is conducted with live ammunition.

(11) Hearing Protection – Meets or exceeds ANSI S3.19-1974 Standards.

(12) Instructor – An individual either approved by the Department to conduct an Enhanced Handgun Safety Course for private entities, or a full-time, salaried, POST certified law enforcement officer approved as a firearm instructor by the chief administrative officer of their agency and who conducts Enhanced Handgun Safety Courses for their agency or another Enhanced Handgun Safety School.

(13) POST – Peace Officer Standards and Training Commission.

(14) Range Safety Officer – Any person who supervises range activities and range operations.

(15) Student – Any person enrolled in an Enhanced Handgun Safety School.

(16) Unprofessional Conduct – Conduct detrimental to the best interests of the public, including conduct contrary to recognized standards that endangers the health, safety or welfare of a participant in the program or the public.

(17) Workday – Any day when the Department offices are open to the public.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.03 ENHANCED HANDGUN TRAINING SCHOOL REQUIREMENTS

(1) Any organization that seeks to provide the Enhanced Handgun Safety Course and to issue training certificates for the purpose of allowing individuals to apply for an Enhanced Handgun Carry Permit under T.C.A. § 39-17-1351, must qualify as an Enhanced Handgun Safety School.

(2) All Enhanced Handgun Safety Schools must agree to conduct a standardized Enhanced Handgun Safety Course which meet or exceed the minimum standards set forth herein.

Enhanced Handgun Safety Schools must submit alternate material to the Department for approval before use.

(3) Enhanced Handgun Safety Schools shall use only those instructors which meet the minimum qualifications set forth in 1340-02-03-.06 or, for the legal portion only, an attorney not certified as an instructor.

(4) Enhanced Handgun Safety Schools shall be responsible for all phases of the Enhanced Handgun Safety Program including, but not limited to:

(a) Assuring all Departmental rules and regulations are complied with;

(b) Maintaining accurate records of all program costs, student participation, accident and incident reports, and providing these records to the Director for inspection upon request;

(d) Securing and maintaining the classroom and range sites, while in use as an approved Enhanced Handgun Safety Course;

(e) Ensuring that all students complete a release, waiver, and indemnification form supplied by the Department;

(f) Providing, to the Director, schedules of Enhanced Handgun Safety Courses upon request;

(g) Providing any additional records or reports as requested by the Director;

(h) A copy of all records shall be maintained by the Enhanced Handgun Safety School for a minimum of five (5) years; and (i) Being available for periodic inspection and in-class monitoring by the Department.

(5) Enhanced Handgun Safety Schools which meet the minimum qualifications and provisions herein, and upon the discretion of the Commissioner, will be approved to provide Enhanced Handgun Safety Courses and will be issued a certification by the Department.

(a) Enhanced Handgun Safety School certification shall be valid for a period of one year.

(b) Schools must renew by submitting an application annually, no less than thirty (30) days prior to expiration of current certification.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.04 APPLICATION PROCEDURES

(1) Enhanced Handgun Safety Schools:

(a) Any agency, organization, corporation, individual, governmental body, or other public entity approved by the Director that agrees to comply with the rules set forth herein may apply for an Enhanced Handgun Safety School certification;

(b) They shall make application on forms supplied by the Department;

(d) Upon receipt, the Department will process the application and conduct an on-site inspection of the facilities if the Director deems it necessary; and (e) The applicant will be contacted, via U.S. Mail or email, and advised of the approval or denial of the application. If the application is denied, the applicant will be informed within thirty (30) days of the reason and what steps may be taken, if any, to approve the application.

(2) Instructors:

(a) Any persons who meet the qualifications outlined in Section 1340-02-03-.06 of these rules may make application on forms supplied by the Department;

(b) Shall pay the application fees specified in 1340-02-03-.08;

(c) Upon receipt, the Department will process the application and request additional information if the Director deems it necessary; and, (d) The applicant will be contacted via U.S. Mail or email, and advised of the approval or denial of the application. If the application is denied, the applicant will be informed within thirty (30) days of the reason and what steps may be taken, if any, to approve the application.

(e) Inspectors must renew by submitting an application every three years, no less than thirty (30) days prior to expiration of current certification.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.05 ENHANCED HANDGUN SAFETY COURSE REQUIREMENTS

(1) Each Enhanced Handgun Safety Course shall consist of two (2) separate, but interrelated areas of instruction: classroom and firing range.

(2) Each Enhanced Handgun Safety Course shall be approximately six (6) hours of instruction including a ten (10) minute break each hour. The course shall be divided into two areas of instruction;

(a) Four (4) hours of classroom instruction; and (b) Two (2) hours on the range, depending on class size and instructor to student ratio.

The range portion shall provide adequate time for students to display proper safety procedures.

(3) Enhanced Handgun Safety Schools shall utilize the current standardized instructional outline material, and other media provided by the Department. No other material may be presented or delivered to any student during the class.

(4) Current standardized instructional outline, material, and other media will be provided to each approved Enhanced Safety School.

(5) Enhanced Handgun Safety Schools may utilize other instructional material specifically regarding facility/range safety or firearm safety provided they:

(a) Submit a written request to the Director and receive written approval;

(b) Furnish the Department a copy of the proposed material, lesson plan on incorporating the material, and source documents, if any; and (c) The Director has discretion to approve or disapprove any requests for additional instructional material.

(6) Only state certified instructors and attorneys delivering the legal portion of the class may present during the class.

(a) Outside vendors and sales presentations may not participate during any portion of the instruction.

(b) Nothing prohibits presentations before or after a class, so long as it is not mandated that students participate in order to receive credit for the Enhanced Handgun Safety class.

(7) A written examination and handgun firing qualification shall be administered to each student.

(a) The written exam shall consist of a core of standardized questions provided by the Department;

(b) The handgun firing qualification shall, as a minimum, include the course of fire specified by the Department;

(c) A minimum score of seventy percent (70%) must be achieved on the written examination and firing qualification separately to successfully pass the Enhanced Handgun Safety Course; and (d) A copy of all scores shall be maintained by the Enhanced Handgun Safety School for a minimum of five (5) years from the date of the examinations.

(8) Class size:

(a) The classroom shall be of sufficient size to adequately accommodate the total number of students;

(b) There shall be a minimum of one (1) instructor per fifty (50) students during the classroom instruction;

(c) There shall be a minimum of one (1) instructor per five (5) students during the actual live fire portion of the range instruction. Nothing shall prohibit Range Safety Officers from providing safety for the range. Range Safety Officers may not count as instructors unless certified by the Department as an instructor; and (d) In no case shall the number of students on the firing line exceed the number of established firing positions.

(9) Students must meet the eligibility requirements outlined in T.C.A. § 39-17-1351(b) in order to attend an Enhanced Handgun Safety Course;

(a) Students who will qualify to apply for the Enhanced Handgun Carry Permit within one year of taking the Enhanced Handgun Safety Course will be eligible to take the course.

(b) Instructors will validate the students’ age requirements prior to enrolling them into the Enhanced Handgun Safety Course.

(10) While on, or within close proximity of an active firing line, all students, instructors, and observers must wear Department approved hearing and eye protection.

(11) Type of ammunition:

(a) All ammunition used by students during training shall be of quality, commercial manufacture.

(b) Reloaded ammunition is acceptable only if it is of commercial manufacture.

(d) No black powder ammunition or multiple projectile ammunition is allowed.

(12) Type of handguns:

(a) Handguns used by students shall be of quality manufacture and free from operational defects;

(b) All handguns must be inspected by an instructor prior to the firing range portion of the instruction, and if the handgun is deemed unsafe by the instructor, the handgun may not be used.

(c) No black powder handguns and only handguns that fire a single projectile with each trigger pull may be used. The Department shall not otherwise establish restrictions on the make, model, or caliber of handguns used by students in an Enhanced Handgun Safety Course; however, each School or range may establish restrictions on the caliber or type of handgun used in their course.

(13) Scores must be submitted by an instructor to the Department within 72 hours from the conclusion of the class or the instructor must request an extension. Score submission may be done electronically online, email, or fax. In emergency situations in which there is no internet access, submissions may be made by phone and U.S. Mail.

(14) It is not necessary for a student to take a Handgun Safety Course in their county of residence.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.06 INSTRUCTOR REQUIREMENTS

(1) Enhanced Handgun Safety Schools shall use handgun instructors who meet the following minimum qualifications:

(a) Be at least twenty-one (21) years of age;

(b) Be eligible for the Enhanced Handgun Carry Permit outlined in T.C.A. § 39-17-1351(b);

Have been convicted of a felony offense, stalking offense, or domestic violence offense at any time;
Have been convicted of any drug related offense or alcohol related offense in the past ten (10) years;
Be subject to an active order of protection; or 4. Be disqualified from purchasing, possessing, or carrying a firearm at the time of application.

(d) Shall submit proof of the completion of a firearm/handgun instructor training course consisting of a minimum of twenty-four (24) hours and have a curriculum approved by the Department; and (e) Shall possess an instructor certificate issued by the Department. Certificates are valid for three (3) years from the date of issuance. Instructors must renew by submitting an application every three (3) years, not less than thirty (30) days prior to expiration of current certification.

(2) Enhanced Handgun Safety Schools may utilize attorneys who are not Department Certified Instructors to instruct only that portion of classroom instruction directly related to the legal liabilities and other legal aspects of the instruction.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.07 FIRING RANGE REQUIREMENTS

(1) Ranges shall be of adequate size to safely accommodate the number of students being trained.

(2) Ranges are to be constructed in such a manner as to ensure the safety of the students, instructors, spectators, and all others in the immediate area.

(3) Access to the ranges should be limited, with controlled points of ingress.

(4) Warning signs, flags, lights, and/or audible devices shall be utilized to ensure safety to others.

(5) All ranges shall have a first aid kit consisting of, at a minimum, a tourniquet, bandages, gauze, nitrile gloves, surgical tape, and trauma shears while the class is in session.

(6) All ranges shall have ready access to a telephone or other communication devices in the event of an emergency situation while class is in session.

(7) All ranges must comply with all applicable state, county, and municipal ordinances/laws.

(8) All firing shall be done on a standard silhouette type targets approved by the Director.

(9) The overall safety of any firing range shall be determined by the Director. Any firing range determined to be unsafe may have its Enhanced Handgun Safety School certification suspended or denied until the range is made safe.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.08 FEES

(1) Fees charged by Enhanced Handgun Safety Schools for the instruction of students shall not be established by the Department and are considered individual contracts between the student and Enhanced Handgun Safety Schools.

(2) Application Fees:

(a) Enhanced Handgun Safety Schools making application to the Department shall pay an application fee of fifty dollars ($50.00) to the Department. There is no fee to apply for annual renewals.

(b) Schools operated by governmental bodies or other public entities approved by the Department to conduct Enhanced Handgun Safety Courses are exempt from paying a fee if they provide the course for free.

(3) Instructors making application to the Department shall pay an application fee of twenty-five dollars ($25.00) to the Department. There is no fee to apply for renewals.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.09 FINANCIAL RESPONSIBILITY REQUIREMENTS

(1) Each Enhanced Handgun Safety School must obtain, maintain, and provide evidence of financial responsibility as a condition of approval for certification.

(2) Schools operated by governmental bodies or other public entities approved by the Department to conduct Enhanced Handgun Safety Courses are exempt from the insurance requirement if they meet the requirements under the Governmental Tort Liability provisions of T.C.A. Title 29, Chapter 20.

(3) All Enhanced Handgun Safety Schools may comply with the financial responsibility requirement by providing the Department one (1) of the following:

(a) Written proof of liability insurance coverage provided by a single limit policy with a limit of not less than three hundred thousand ($300,000) applicable to one (1) accident;

(b) Written proof of liability insurance provided by a split limit policy with a limit of not less than one hundred and fifty thousand dollars ($150,000) for bodily injury to or death of one (1) person, not less than three hundred thousand dollars ($300,000) for bodily injury or death of two (2) or more persons in any one (1) accident and not less than fifty thousand dollars ($50,000) for damage to property in any one (1) accident;

(d) The execution and filing of a bond in the amount of three hundred thousand dollars ($300,000); or (e) The filing of a surety in an amount of not less than three hundred thousand dollars ($300,000) subject to the approval of the Director.

(4) No policy or bond shall be effective unless it bears an issuance and expiration date, is issued by an insurance company or surety company licensed to do business in this state and unless such policy or bond provides security not less than the amounts specified in 1340-02-03- .09(3).

(5) This requirement does not preclude insurance which, by its nature, provides coverage for this

purpose as well as other general liability provisions.

History

Authority: T.C.A. §§ 39-17-1351(b)(2) and 39-17-1360 and Public Chapter 934 of 1994.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.10 SUSPENSION, REVOCATION, OR DENIAL OF CERTIFICATION

(1) The Commissioner, or designee, may, upon receipt of satisfactory evidence from the Handgun Permit Unit, suspend, revoke, refuse to issue, or refuse to renew the certification of an Enhanced Handgun Safety School or handgun instructor if:

(a) The holder of any certificate fails to comply with the provisions of the rules and regulations of the Department or any associated state statute;

(b) The holder of any certificate fails to maintain eligibility requirements by:

Having been convicted of a felony offense, stalking offense, or domestic violence offense at any time;
Having been convicted of any drug related offense or alcohol related offense in the past ten (10) years;
Currently being subject to an active order of protection; or 4. Be disqualified from purchasing, possessing, or carrying a firearm at the time of application.

(c) The holder of any certification has made a false statement or has concealed a material fact in connection with their application;

(d) The holder of any certification has been guilty of a fraudulent practice in attempting to obtain for themselves or another certification;

(e) Written notice of the cancellation of insurance or bond required by the regulation is received by the Department and the certificate holder does not present satisfactory evidence of financial responsibility to the Department prior to the effective date of the cancellation;

(f) The holder of any certification engages in illegal, unsafe, or other behavior that the Director deems as unprofessional; or (g) The holder of any certification fails to maintain the minimum standards established herein.

(2) Any suspension, revocation, or denial of certification issued for violation of these rules and regulations shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5 of the Uniform Administrative Procedures Act.

(a) A proposed suspension may be initiated if the Department finds any violation set forth in these rules and regulations.

If any violations of these rules and regulations are found, the Department shall notify the certificate holder of the violation in writing and electronically. The certificate holder shall have thirty (30) days from the date of the notice to show satisfactory compliance to the Director or designated Department representative.
If, after thirty (30) days from the date of the violation notice, the certificate holder has failed to comply with the rules and regulations set forth, the Department shall issue a Notice of Proposed Suspension by mail and electronically to the certificate holder advising the holder of the reason for this action or intended action of the Department and of the opportunity for an administrative hearing before a hearing officer. The Administrative Hearing request must be submitted in writing to the Department within thirty (30) days from receipt of the Notice of Proposed Suspension.
The Department shall provide the certificate holder a hearing before a hearing officer on the date and time specified in the notice. The sole issue to be considered is whether the certificate holder violated any rules set forth in these rules and regulations. An Initial Order will be entered by the hearing officer within thirty (30) days of the completed hearing. If the certificate holder fails to request a hearing or fails to appear for the administrative hearing, the hearing officer will issue an Initial Order of Suspension.
If the hearing officer upholds the findings of the Department, an Initial Order of Suspension will be issued and a copy will be mailed to the certificate holder.

(b) A summary suspension shall be initiated against the certificate holder if the Department finds that public health, safety, or welfare to themselves or others requires immediate action.

Prior to the institution of the Department proceedings, the Department shall give notice by mail and electronically to the certificate holder of the fact or conduct that warrants the intended action, and it will state that the certificate holder shall be given an opportunity to show compliance with all lawful requirements for retention of the license. If the Department finds that public health, safety, or welfare imperatively requires emergency action, a summary (emergency) suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. In issuing an Order of Summary Suspension, the Department shall use one (1) of the following procedures:

(i) The Department shall issue a notice to the certificate holder providing an opportunity for a prompt hearing, review, or conference before the Director prior to the issuance of an Order of Summary Suspension; or (ii) The Department shall proceed with the summary suspension and notify the certificate holder of the opportunity for a hearing before the Director within seven (7) business days of the issuance of the Order of Summary Suspension.

(c) The notice provided to the certificate holder may be provided by any reasonable means. It shall inform the certificate holder of the reason for the action or intended action of the agency and of the opportunity for an informal hearing, review, or conference before the Director. The informal hearing, review, or conference described by this section shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act. The hearing, review, or conference is intended to provide a reasonable opportunity for the certificate holder to present the holder’s version of the situation to the Director. Whether the hearing, review, or conference is held before or after an Order of Summary Suspension, the sole issue to be considered is whether the public health, safety, or welfare imperatively required emergency action by the Department.

History

Authority: T.C.A. §§ 4-3-209, 39-17-1351, and 39-17-1360.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.11 CERTIFICATE OF COMPLETION FOR STUDENTS

(1) Students who successfully complete an Enhanced Handgun Safety Course conducted by a certified Enhanced Handgun Safety School shall be issued a Department certificate of completion.

(a) The certificate shall bear the following information:

Student name and Drivers License number or Personal Identification License;
Safety School name and ID number;
Instructor name and ID number; and 4. Date of issuance.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1351.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Tenn. Comp. R. & Regs. 1340-02-03-.12 GENERAL REQUIREMENTS

(1) The rules, regulations, and requirements established herein are minimums and may be exceeded.

(2) No alcoholic beverages or illegal drugs shall be brought onto, consumed, or stored on the premises of any Enhanced Handgun Training School site during classroom/range instruction.

(3) No prohibited weapons, as defined by T.C.A. § 39-17-1302, of any type will be possessed by any person at or in the approved classroom of any site when an Enhanced Handgun Safety Course is being conducted.

(4) Any authorized representative of the Department shall be permitted to inspect the Enhanced Handgun Safety School site at any time during normal State business hours, as defined in T.C.A. § 4-4-105 or during the conducting of an Enhanced Handgun Safety Course.

(5) No solicitation of students of the Enhanced Handgun Safety Course may take place while the Course is being conducted. No vendor may sponsor a course or advertise in person, video, or through printed material while the course is being conducted.

(6) Upon request, schools must provide the Department an up-to-date schedule of Enhanced Handgun Safety training classes.

(7) Instructors are required to report as soon as possible, but no longer than 12 hours, to the Department all serious bodily injuries which occur to participants or the public stemming from instructing the Enhanced Handgun Safety Course.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed January 25, 1995; effective April 10, 1995. Amendment filed September 16, 1996; effective January 28, 1997. Amendments filed December 19, 2024; to have become effective March 19, 2025. However, the Government Operations Committee filed a 15-day stay of the effective date of the rules on February 26, 2025; new effective date April 3, 2025.

Chapter 1340-02-04 Handgun Carry Permit Procedures

Tenn. Comp. R. & Regs. 1340-02-04-.01 PURPOSE

To establish uniform standards and systems for administering the issuing of handgun carry permits, as defined herein, under the provisions of T.C.A. § 39-17-1351 through 1366.

History

Authority: T.C.A. §§ 4-3-2009, 39-17-1351, 39-17-1360, 39-17-1365, and 39-17-1366.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendments filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-04-.02 DEFINITIONS

(1) Applicant means an individual who applies to obtain, renew, duplicate, upgrade, or reinstate a handgun carry permit.

(2) Commissioner means the Commissioner of the Tennessee Department of Safety and Homeland Security.

(3) Conviction means a plea of guilty, a finding of guilt by a court of competent jurisdiction, or the acceptance of a plea of nolo contendere.

(4) Department means the Tennessee Department of Safety and Homeland Security acting directly or through its duly authorized officers and agents.

(5) Dishonorable conditions mean the following:

(a) A dishonorable discharge;

(b) A bad conduct discharge; or (c) A dismissal.

(6) Employed on a regular basis means a person has been gainfully employed in this state for at least thirty (30) hours a week for six (6) consecutive months not counting any absence from employment caused by the employee’s use of sick leave, annual leave, administrative leave or compensatory time.

(7) Handgun carry permit means a permit issued by the Tennessee Department of Safety and Homeland Security.

(8) Enhanced handgun carry permit means a handgun permit issued pursuant to T.C.A. § 39-17- 1351.

(9) Concealed handgun carry permit means a handgun permit issued pursuant to T.C.A. § 39- 17-1366.

(10) Lawful permanent resident means the status of having been accorded the privilege of residing permanently in the United States as an immigrant in accordance with immigration laws such status not having changed.

(11) Non-resident permit means a permit issued to a person who is a resident of and handgun permit holder in another state, but is employed in this state on a regular basis.

(12) Permittee means a person who currently holds a valid handgun carry permit.

(13) Resident means any person who lives in Tennessee for a period of time exceeding thirty (30) days in which the person’s habitation is fixed, and to which, whenever the person is absent, the person has a definite intention to return. Resident also includes any person in the military residing in Tennessee, pursuant to military orders, and presents the department with the necessary documents as determined by the department to prove such residency.

(14) Sheriff means the chief law enforcement officer of the county.

History

Authority: T.C.A. §§ 2-2-122, 4-3-2009, 4-5-202, 39-17-1351, and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed October 20, 2003; effective February 27, 2004. Amendment filed December 15, 2006; effective date April 30, 2007. Amendments filed July 19, 2012; effective December 29, 2012. Amendments filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-04-.03 FEES

(1) The application fee for an enhanced handgun carry permit will be one hundred dollars ($100.00). Such fee will cover all aspects of processing the application and issuing a permit.

(2) The application fee for a concealed handgun carry permit will be sixty-five dollars ($65.00).

Such fee will cover all aspects of processing the application and issuing a permit.

(3) The application fee for a lifetime enhanced handgun carry permit will be three hundred dollars ($300.00) for an original applicant.

(4) The application fee for upgrading a current enhanced handgun carry permit to a lifetime enhanced handgun carry permit will be two hundred dollars ($200.00) for an existing enhanced handgun carry permit holder.

(5) The renewal fee for an enhanced handgun carry permit or a concealed carry permit will be fifty dollars ($50.00).

(6) The fee for a duplicate enhanced handgun carry permit or a concealed carry permit will be five dollars ($5.00).

(7) There is no fee for a temporary handgun carry permit for a person granted an order of protection.

(8) The acceptable method of payment for all initial fees will be by cash, certified check or credit card. Renewal fees may be paid by cash, personal check, certified check or credit card.

(9) All fees are non-refundable.

History

Authority: T.C.A. §§ 4-3-2009, 39-17-1351, 39-17-1356, 39-17-1360, and 39-17-1366.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed December 15, 2006; effective April 30, 2007. Repeal and new rule filed July 19, 2012; effective December 29, 2012. Rule was previously numbered 1340-02-04-.12. See 1340-02-04-.12 administrative history for more information. Amendments fil ed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-04-.04 CRIMINAL HISTORY DISPOSITIONS

(1) In cases where a permit has been issued prior to the department’s receipt of the Tennessee Bureau of Investigation and the Federal Bureau of Investigation criminal history fingerprint record checks and such record checks are returned to the department without dispositions, the permittee will have sixty (60) days from the date appearing in the Notice of Proposed Revocation to furnish the department with a disposition of such charge.

(2) If the permittee does not submit to the department the requested information showing the disposition of charges on the permittee’s criminal history, the permit will be revoked pursuant to T.C.A. § 39-17- 1352.

History

Authority: T.C.A. §§ 4-3-2009, 39-17-1352, 39-17-1353, 39-17-1354, 39-17-1355, and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal and new rule filed July 19, 2012; effective December 29, 2012. Rule was previously numbered 1340-02-04-.16. See 1340-02-04-.16 administrative history for more information. Amendments filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-04-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed December 15, 2006; effective April 30, 2007. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.08 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed December 15, 2006; effective April 30, 2007. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed September 30, 2002; effective January 28, 2003. Amendment filed October 20, 2003; effective February 27, 2004. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed September 30, 2002; effective January 28, 2003. Repeal filed July 19, 2012; effective December 29, 2012. Rule was renumbered 1340-02-04-.03.

Tenn. Comp. R. & Regs. 1340-02-04-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Amendment filed October 20, 2003; effective February 27, 2004. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.14 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.15 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.16 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012. Rule was renumbered 1340-02-04-.04.

Tenn. Comp. R. & Regs. 1340-02-04-.17 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.18 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.19 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed September 16, 1996; effective January 28, 1997. Repeal and new rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.20 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.21 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.22 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Tenn. Comp. R. & Regs. 1340-02-04-.23 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1360.
Administrative History: Original rule filed February 23, 1999; effective June 28, 1999. Repeal filed July 19, 2012; effective December 29, 2012.

Chapter 1340-02-05 Driver License Reinstatement Fee Installment Payment Plan

Tenn. Comp. R. & Regs. 1340-02-05-.01 SCOPE AND CONSTRUCTION

Pursuant to T.C.A. § 55-12-129, the Tennessee Department of Safety hereby adopts the following rules to be used in the administration of the driver license reinstatement fee installment plan. The rule is adopted to establish a uniform system for administering a payment program whereby a person whose driving privileges are revoked, suspended, or cancelled, may pay the reinstatement fee by entering into the driver license reinstatement fee installment payment plan.

History

Authority: T.C.A. §§ 55-12-129 and 55-50-202 as amended by Public Chapter 43 of the Public Acts of 2001.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 1340-02-05-.02 PERSONS ELIGIBLE TO ENTER INTO THE DRIVER LICENSE REINSTATEMENT

FEE INSTALLMENT PAYMENT PLAN.

(1) Any person whose reinstatement fee totals seventy-five dollars ($75.00) or more may choose to enter into the driver license reinstatement fee installment payment plan upon complying with all other requirements of law for reinstatement of driving privileges.

(a) A person may petition and make application to the department on a form prescribed by the commissioner for participation in the driver license reinstatement fee installation payment plan.

(b) The department will determine if the person is eligible to participate in the reinstatement fee installment payment plan.

(c) Persons eligible under this provision will be required to enter into a payment plan agreement agreeing to comply with the provisions of this rule.

(d) Persons entering the driver license reinstatement fee installation payment plan will be required to meet all other requirements of law for reinstatement of driving privileges.

(e) Payments under an approved payment plan shall be remitted on a quarterly schedule.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-202, and 55-12-129.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001. Amendment filed March 6, 2007; effective July 27, 2007. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-02-05-.03 DURATION OF THE DRIVER LICENSE INSTALLMENT PAYMENT PLAN

Each driver license reinstatement fee installment payment plan shall be established for a period of time not to exceed sixty (60) months with payments being made pursuant to Rule No. 1340-02-05-.04.

History

Authority: T.C.A. §§ 4-3-2009, 55-12-129, and 55-50-202.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-02-05-.04 will be sent a proposed notice of suspension. The proposed notice of suspension letter will give the person thirty (30) days from the date of such suspension notice to either pay the required quarterly payment or request an administrative hearing pursuant to

Rule 1340-02-05-.09.

(2) Any person who does not pay the full amount of the reinstatement fee withi n the established payment plan will be subject to suspension as provided in this rule and T.C.A. § 55-12-129.

(3) Any person who fails to comply with the established payment plan may request a new payment plan for the defaulted balance and may include any additional reinstatement fees added since the last reinstatement. An initial payment as specified in 1340-02-05-.04 and administrative fee will apply.

(4) The department will not refund any paid administrative fee or reinstatement fees made during the established payment plan.

History

Authority: T.C.A. §§ 4-3-2009, 55-12-129, and 55-50-202.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-02-05-.05 METHOD OF PAYMENT

(1) All payments issued to the department will be by cash, certified check, or money order.

(2) All payments will be made to the Financial Responsibility reinstatement office.

History

Authority: T.C.A. §§ 55-12-129 and 55-50-202.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001. Amendment filed March 6, 2007; effective July 27, 2007.

Tenn. Comp. R. & Regs. 1340-02-05-.06 FAILURE TO COMPLY WITH THE REINSTATEMENT FEE INSTALLMENT

PAYMENT PLAN.

(1) Any person who does not comply with a quarterly payment requirement as stated in Rule

Tenn. Comp. R. & Regs. 1340-02-05-.07 PERSONS NOT ELIGIBLE TO ENTER THE REINSTATEMENT FEE INSTALLMENT

PAYMENT PLAN.

Any person whose reinstatement fee totals less than seventy-five dollars ($75.00) will not be eligible to enter the reinstatement fee installment payment plan

History

Authority: T.C.A. §§ 4-3-2009, 55-12-129, and 55-50-202.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001. Amendment filed March 6, 2007; effective July 27, 2007. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-02-05-.08 SUSPENSIONS OF LICENSE FOR FAILURE TO COMPLY WITH THE

REINSTATEMENT FEE INSTALLMENT PAYMENT PLAN.

(1) The department, upon such person’s failure to comply with the department’s payment plan, shall issue, by regular mail to the person’s last known address, a notice of intent to suspend the license of such person in thirty (30) days. For the purposes of this subdivision, “failure to comply” means failure to pay any installment payment on the date due.

(2) Any person who fails to make the minimum quarterly payment as established will be sent a driver license suspension notice.

(a) The suspension notice will advise the person that they have not complied with the reinstatement fee installment payment plan and the amount of reinstatement fee that is due for that particular quarter.

(b) The suspension notice will advise the person that they have thirty (30) days to either send in the required quarterly payment or request an administrative hearing, pursuant to Rule No. 1340-02-05-.09. The request for an administrative hearing will not extend the thirty- (30) day period to send in the quarterly payment.

(c) The notice will also advise the person that should the person decide to send in the required quarterly payment, the mailing of such payment must be postmarked within thirty (30) days from the date of the suspension notice letter sent to such person.

(d) The notice shall also advise the person that if the person does not elect to pay the quarterly payment or request an administrative hearing, then such person’s driver license and privileges would be suspended and full payment of the reinstatement fee would be required prior to reinstatement of any driver license.

(e) The notice will be sent to the last known address of the person according to the department of safety driver license database.

(f) The notice shall also advise the person that if the driver license is suspended, the person’s driver license status would revert back to the original driver license status prior to entering the reinstatement fee installment payment plan.

History

Authority: T.C.A. §§ 55-12-129 and 55-50-202 as amended by Public Chapter 43 of the Public Acts of 2001.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 1340-02-05-.09 ADMINISTRATIVE HEARINGS

(1) Upon request of such person within thirty (30) days of the date of such notification, the department shall provide the person an opportunity for a hearing to show that such person has, in fact, complied with the department’s payment plan. Failure to make such request within thirty (30) days of the date of such notification shall, without exception, constitute a waiver of such right.

(2) Upon waiver of a hearing or determination of default at the hearing, the department shall suspend the person’s driver license pending full payment of all fees authorized by this

section.

(3) The Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5, applies to the extent it is consistent with proceedings under Tennessee Code Annotated § 55-12-129.

History

Authority: T.C.A. §§ 55-12-129 and 55-50-202 as amended by Public Chapter 43 of the Public Acts of 2001.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 1340-02-05-.10 ADMINISTRATION FEE

Upon entering the reinstatement fee installment payment plan, the person will be required to pay a twenty-five dollar ($25.00) administration fee to defray costs and expenses for the operation of this program.

History

Authority: T.C.A. §§ 55-12-129 and 55-50-202 as amended by Public Chapter 43 of the Public Acts of 2001.
Administrative History: Original rule filed May 30, 2001; effective September 28, 2001.

Chapter 1340-02-06 Department of Safety Approved Concealed Carry Permit Program

Tenn. Comp. R. & Regs. 1340-02-06-.01 PURPOSE AND SCOPE

To establish uniform, statewide, minimum standards for the acceptance and certification of the Concealed Carry Permit Courses and instructors for non-police residents of Tennessee, and the approval of those programs under the provisions of T.C.A. § 39-17-1366.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1366.
Administrative History: New rules filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-06-.02 DEFINITIONS

(1) Audit - A Department inspection of the course to include all tests/quizzes, audio/visual, print, and other instructional materials presented as part of the curriculum.

(2) Commissioner - The Commissioner of the Tennessee Department of Safety and Homeland Security.

(3) Concealed Carry Course - A course of instruction outlined herein which provides education in the fundamentals of handgun safety and the use and operation of handguns for non-police residents of Tennessee.

(4) Concealed Carry Online Course - A course of instruction conducted online, outlined herein which provides education in the fundamentals of handgun safety and the use and operation of handguns (5) Department - The Tennessee Department of Safety and Homeland Security.

(6) Director - A person designated by the Commissioner to plan, organize and administer the Handgun Carry Permit Safety Program.

(7) Instructor - An individual, either approved by the Department to conduct a Handgun Safety Course for private entities, an individual credentialed by a private organization that specializes in firearms training and safety, or a full-time, salaried, Police Officer Standards and Training Commission (POST) certified law enforcement officer approved as a firearm instructor by the chief administrative officer of his or her agency and who conducts Handgun Safety Courses for their agency or another public Handgun Safety School.

(8) Organization specializing in firearms training and safety - A nationally recognized club, business, or other institution who specialize in training and education related to firearms and firearms safety.

(9) Student - Any person enrolled in a Concealed Handgun Safety School.

March, 2025 2

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1366.
Administrative History: New rules filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-06-.03 ELECTRONIC, VIDEO, OR ONLINE SCHOOL REQUIREMENTS

(1) The Department shall determine that a firearms training or safety course, whether in person or online, meets the requirements of TCA § 39-17-1366(b)(4)(A)(vii) if it contains the following:

(a) Conveys the basic knowledge and skills necessary for safe handling and storage of firearms and ammunition, firearm safety rules, handgun uses, features, basic skills and techniques, safe cleaning, transportation, and storage methods;

Includes the four (4) basic rules of handling a firearm;
Covers proper storage to include inside of vehicles;
Identifies basic features of handguns;
Discusses basic marksmanship skills;
Demonstrates safe cleaning techniques; and 6. Covers state and federal laws related to transporting firearms;

(b) Conveys the current state laws on carrying handguns;

Explains the difference between the Enhanced Carry Permit and the Concealed Carry Permit;
Explains the areas where a permit is required to carry a handgun;
Discusses self defense, in that course curriculums will not condone the use of force against law enforcement officers; and 4. Discusses liabilities.

(d) Includes a test or quiz that confirms competency of the course; and (e) Provides a printable certificate of course or class completion.

(2) Any school wishing to be a third-party vendor for electronic, video, or online school must complete and submit a Department Concealed Carry Permit application. Schools applying for certification with the Department must provide a means for a Department Inspector to audit the course annually. After the initial audit is completed, the Department assigns a registration number to each school.

(a) Initial audits will ensure the following:

That all required material per 1340-02-06-.03(1) is covered;
That material presented is not inappropriate. Inappropriate material may include:

(i) Material that solicits the student to purchase a product or service;

March, 2025 3 (ii) Material that is offensive in nature;

(iii) Material that is not relevant to Tennessee handgun carry laws; or (iv) Material that supports using force against law enforcement officials.

That passing the test is required; and 4. That after successful completion of the course and test, a certificate is able to be printed.

(b) Annual audits will ensure:

That all required material per 1340-02-06-.03(1) is covered;
That laws covered have been appropriately updated;
That material presented is not inappropriate;
That passing the test is required; and 5. That after successful completion of the course and test, a certificate is able to be printed.

(c) The Director will make the final determination of whether the third-party vendor may be certified to provide the Concealed Carry Permit course, in accordance with all state laws and the rules set herein.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1366.
Administrative History: New rules filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-06-.04 CERTIFICATE OF COMPLETION FOR STUDENTS

(1) Students who complete any Concealed Carry Permit course shall be issued a certificate of completion.

(2) Course certificates must include:

(a) Student name;

(b) Safety School name and Department issued ID number, if required;

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1366.
Administrative History: New rules filed December 19, 2024; effective March 19, 2025.

Tenn. Comp. R. & Regs. 1340-02-06-.05 SUSPENSION, REVOCATION, OR DENIAL OF CERTIFICATION

(1) The Commissioner, or designee, may, upon receipt of satisfactory evidence, suspend, revoke, refuse to issue, or refuse to renew the certification of a Concealed Carry Safety Course or handgun instructor if:

March, 2025 4 (a) The holder of any certificate fails to comply with the provisions of the rules and regulations of the Department or any associated state statute;

(b) The holder of any certification has made a false statement or has concealed a material fact in connection with their application;

(c) The holder of any certification has been guilty of a fraudulent practice in attempting to obtain for themselves or another certification;

(d) Written notice of the cancellation of insurance or bond required by the regulation is received by the Department and the certificate holder does not present satisfactory evidence of financial responsibility to the Department prior to the effective date of the cancellation;

(e) The holder of any certification engages in illegal, unsafe, or other behavior that the Director deems as unprofessional; or (f) The holder of any certification fails to maintain the minimum standards established herein.

(2) Any suspension, revocation or denial of certification issued for violation of these rules and regulations shall be governed by the contested case provisions of the Uniform Administrati ve Procedures Act.

(a) A proposed suspension may be initiated if the Department finds any violation set forth in these rules and regulations.

If any violations of these rules and regulations are found, the Department shall notify the certificate holder of the violation in writing. The certificate holder shall have thirty (30) days from the date of the notice to show satisfactory compliance to the Program Director or designated Department representative.
If, after thirty (30) days from the date of the violation notice, the certificate holder has failed to comply with the rules and regulations set forth, the Department shall issue a Notice of Proposed Suspension by mail to the certificate holder advising the holder of the reason for this action or intended action of the Department and of the opportunity for an administrative hearing before a hearing officer. The Administrative Hearing request must be submitted in writing to the Department within thirty (30) days from receipt of the Notice of Proposed Suspension.
The Department shall provide the certificate holder a hearing before a hearing officer on the date and time specified in the notice. The sole issue to be considered is whether the certificate holder violated any rules set forth in these rules and regulations. An Initial Order will be entered by the hearing officer within thirty (30) days of the completed hearing. If the certificate holder fails to request a hearing or fails to appear for the administrative hearing, the hearing officer will issue an Initial Order of Suspension.
If the hearing officer upholds the findings of the Department, an Initial Order of Suspension will be issued, and a copy will be mailed to the certificate holder.

(b) A summary suspension shall be initiated against the certificate holder if the Department finds that public health, safety, or welfare imperatively requires emergency action.

March, 2025 5 1. Prior to the institution of the Department proceedings, the Department shall give notice by mail to the certificate holder of the fact or conduct that warrants the intended action, and it will state that the certificate holder shall be given an opportunity to show compliance with all lawful requirements for retention of the license. If the Department finds that public health, safety, or welfare imperatively requires emergency action, a summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

In issuing an Order of Summary Suspension, the Department shall use one (1) of the following procedures:

(i) The Department shall issue a notice to the certificate holder providing an opportunity for a prompt hearing, review, or conference before the Program Director prior to the issuance of an Order of Summary Suspension; or (ii) The Department shall proceed with the summary suspension and notify the certificate holder of the opportunity for a hearing before the Director within seven (7) business days of the issuance of the Order of Summary Suspension.

It shall inform the certificate holder of the reason for the action or intended action of the agency and of the opportunity for an informal hearing, review, or conference before the Program Director. The informal hearing, review, or conference described by this section shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act. The hearing, review, or conference is intended to provide a reasonable opportunity for the certificate holder to present the holder’s version of the situation to the Program Director. Whether the hearing, review, or conference is held before or after an Order of Summary Suspension, the sole issue to be considered is whether the public health, safety, or welfare imperatively required emergency action by the Department.

History

Authority: T.C.A. §§ 4-3-2009 and 39-17-1366.
Administrative History: New rules filed December 19, 2024; effective March 19, 2025.

Chapter 1340-02-07 Rules of Procedure for Declaratory Order Cases

Tenn. Comp. R. & Regs. 1340-02-07-.01 PURPOSE

To establish uniform standards for Petitions for Declaratory Orders and the procedure for their submission, consideration, and disposition.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224.
Administrative History: New rules filed February 20, 2026; effective May 21, 2026.

Tenn. Comp. R. & Regs. 1340-02-07-.02 DEFINITIONS

(1) Affected Person: As these words are used in T.C.A. § 4-5-223, this means a person upon whom a statute, rule, or order produces a specific and direct effect or result.

(2) Commissioner: The Commissioner of the Tennessee Department of Safety.

(3) Department: The Tennessee Department of Safety.

(4) Designee: An attorney employed by the Department and who is authorized by the Commissioner to hear contested cases.

(5) Electronic Means: Telephone conference or video conference where participants may be in different locations.

(6) Petitioner: The person, as defined in T.C.A. § 4-5-102(9), who has filed a petition for declaratory order, and who has the burden of pursuing the claims in the petition, and as to whom any declaratory order issued shall be binding.

(7) The UAPA: The Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101, et seq.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224.
Administrative History: New rules filed February 20, 2026; effective May 21, 2026.

Tenn. Comp. R. & Regs. 1340-02-07-.03 PETITIONS FOR DECLARATORY ORDER

(1) Any affected person may petition the Department for a declaratory order as to the validity or the applicability of a statute, rule, or order within the primary jurisdiction of the Department.

(2) The petition seeking a declaratory order shall be filed in writing with the Department either:

(a) By U.S. Mail to:

Legal Division May, 2026 2 Tennessee Department of Safety 312 Rosa L. Parks Avenue, 25th Floor Nashville, TN 32743 (b) Or by Electronic Mail to:

Email.Safety@tn.gov, with the subject line “Petition for Declaratory Order.”

(3) A petition for declaratory order must contain the following:

(a) A caption stating the filing is a “Petition for Declaratory Order Before the Commissioner of Safety”;

(b) The name of Petitioner;

(d) The email (electronic mail) address of Petitioner or Petitioner’s attorney, if the party wishes to receive documents by email (electronic mail);

(e) The Department rule or order, or statutory provision, on which declaratory order is sought;

(f) A statement of the facts of the controversy;

(g) A description of how the rule, order, or statute affects or could affect Petitioner;

(h) A description of the relief sought;

(i) The signature of Petitioner; and (j) The date of petition.

(4) A memorandum of law setting forth the legal basis why the declaratory order should be granted shall accompany the petition. Failure to submit a memorandum in support of a petition may result in the denial of the petition.

(5) The Commissioner may ask for additional facts or law prior to taking an action pursuant to Rule 1340-02-07-.04(1).

(6) Any challenge to the applicability of a statute, rule, or order must comply with the procedural requirements set forth in these rules, and a challenge to the applicability of a statute, rule, or order will not be entertained without compliance with these requirements.

(7) A petition for declaratory order is viewed as primarily involving questions of law and statutory rules of interpretation. The parties should strive to limit the amount of evidence presented and to stipulate the facts to the extent possible.

(8) No person may file a petition for declaratory order as to any action or issue which is the subject of a pending or completed contested case proceeding involving the same person.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224.
Administrative History: New rules filed February 20, 2026; effective May 21, 2026. May, 2026 3

Tenn. Comp. R. & Regs. 1340-02-07-.04 PETITION REVIEW

(1) Within sixty (60) days of receipt of the petition, the Department shall either:

(a) Set the petition for a contested case hearing; or (b) Refuse to issue a declaratory order.

(2) If the Department has not set a petition for a declaratory order for a contested case hearing within sixty (60) days after receipt of the petition, the Department shall be deemed to have denied the petition and to have refused to issue a declaratory order.

(3) If the Department refuses to issue a declaratory order, the Petitioner may apply for a declaratory judgment as provided in T.C.A. § 4-5-225.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224.
Administrative History: New rules filed February 20, 2026; effective May 21, 2026.

Tenn. Comp. R. & Regs. 1340-02-07-.05 CONTESTED CASE HEARINGS

(1) If the petition is set for a contested case hearing, the Commissioner may assign the matter to a Designee to hear the matter.

(2) The Designee shall hold an initial pre-hearing conference, in person or by electronic means, with Petitioner and the Department to:

(a) Determine any pre-hearing matters, including any motions, objections, or other matters that may be relevant;

(b) Determine the date of the hearing;

(d) Determine the dates by which any pre-hearing motions must be filed or any discovery, if needed, must be completed; and (e) Any other matters which the Designee determines is necessary to address.

(3) The Designee may require the parties to file an agreed stipulation of facts or proposed findings of fact and conclusions of law.

(4) The Designee shall issue a written order reflecting the outcome of the pre-hearing conference.

(5) All pre-hearing conferences and the declaratory order hearing shall be recorded by a court reporter provided by the Department.

(6) The Designee shall file the Notice of Hearing required by T.C.A. § 4-5-224.

(7) When the petition is the subject of a contested case hearing, the Petitioner has the burden of proof in persuading the agency of the correctness of the Petitioner’s position on all issues.

(8) The Designee shall issue a final written declaratory order after the contested case hearing and after the submission of any proposed findings of fact and conclusions of law by the parties, if requested by the Designee. This order shall comply with the requirements of the UAPA.

May, 2026 4 (9) A party aggrieved by the declaratory order may seek judicial review of the order in the chancery court of Davidson County, unless otherwise specifically provided by statute, in the manner provided for the review of decisions in contested cases under T.C.A. §§ 4-5-223 and 4-5-225.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224.
Administrative History: New rules filed February 20, 2026; effective May 21, 2026.

Tenn. Comp. R. & Regs. 1340-02-07-.06 EFFECTS OF DECLARATORY ORDERS

A declaratory order is binding between the Department and the parties on the state of facts alleged in the petition unless altered or set aside by the Department or a court in a proper proceeding.

History

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224.
Administrative History: New rules filed February 20, 2026; effective May 21, 2026.

Chapter 1340-03-01 Impoundment of Vehicles

Tenn. Comp. R. & Regs. 1340-03-01-.01 PURPOSE

To establish uniform procedures for appeals under Tennessee Code Annotated (T.C.A.) § 55-31-301 for abandoned or immobile vehicles towed by the Tennessee Highway Patrol (THP).

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-31-301.
Administrative History: Original rule filed December 18, 1981; effective April 1, 1982. Amendments filed February 13, 2023; effective May 14, 2023. Amendments filed February 24, 2026; effective May 25, 2026.

Tenn. Comp. R. & Regs. 1340-03-01-.02 NOTICE TO OWNER

Upon taking a motor vehicle into custody, the Department shall provide notice as required in T.C.A. § 55- 31-302.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-31-301.
Administrative History: Original rule filed December 18, 1981; effective April 1, 1982. Amendment filed October 25, 1995; effective February 28, 1996. Amendments filed February 13, 2023; effective May 14, 2023. Amendments filed February 24, 2026; effective May 25, 2026.

Tenn. Comp. R. & Regs. 1340-03-01-.03 APPEAL REQUEST

(1) An owner or lienholder of an abandoned or immobile vehicle may appeal a determination that the vehicle was abandoned or immobile within twenty (20) days from receipt of the notice.

(2) The appeal must be filed with the THP District Headquarters responsible for the county where the vehicle was located.

(3) Within two (2) business days of the receipt of the appeal, the THP District Headquarters shall set a date for the hearing.

(a) The hearing is not required to be held within the two (2) business days.

(b) The hearing may not be set for a date more than two (2) weeks after the receipt of the appeal, unless agreed to by the appealing party.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-31-301.
Administrative History: Original rule filed December 18, 1981; effective April 1, 1982. Amendments filed February 13, 2023; effective May 14, 2023. Amendments filed February 24, 2026; effective May 25, 2026.

Tenn. Comp. R. & Regs. 1340-03-01-.04 CONDUCT OF APPEAL HEARING

(1) The hearing shall be conducted by the THP District Captain, either by telephone conference or video conferencing. An in-person hearing may be conducted if requested by the appealing party.

(2) At the hearing, the THP District Captain shall take testimony and accept records from the THP officer who made the determination and the appealing party. The hearing shall be audio recorded.

(3) The THP District Captain shall reduce their findings of fact and conclusions of law to writing within two (2) business days after the hearing.

(4) If the THP District Captain determines that the vehicle should not have been towed or that the charges were unreasonable, the vehicle shall be released to the owner without charge or for a reasonable amount to be determined by the captain upon the District Captain’s written determination.

(5) If the THP District Captain determines that the vehicle should have been towed or that the charges were reasonable, then the appealing party shall have twenty (20) days from the date of the written determination to retrieve the vehicle and pay all towing, preservation, and storage charges resulting from placing the vehicle in custody.

(6) If the appealing party requests an appeal, they must request a review of the adverse decision by the THP Field Operation Lieutenant Colonel within five (5) business days of the date of the THP District Captain’s written determination. The THP Field Operations Lieutenant Colonel will review the audio recording of the hearing, any documents submitted by both parties, and render a written determination within ten (10) days of the receipt of the appeal.

(7) The appealing party may appeal an adverse decision of the THP Field Operations Lieutenant Colonel to Chancery Court pursuant to T.C.A. § 4-5-322.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-31-301.
Administrative History: Original rule filed December 18, 1981; effective April 1, 1982. Amendments filed February 13, 2023; effective May 14, 2023. Amendments filed February 24, 2026; effective May 25, 2026.

Chapter 1340-03-02 Tennessee Department of Safety Inspection Program

Tenn. Comp. R. & Regs. 1340-03-02-.01 PURPOSE

To establish a uniform system for the conducting of safety inspections on trailers, semi-trailers, and pole trailers which are homemade or materially reconstructed, as defined herein where required to be titled or registered, under the provisions of T.C.A. Title 55, to operate over the roads and highways of the State of Tennessee.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023. Amendments filed October 29, 2025; effective January 27, 2026.

Tenn. Comp. R. & Regs. 1340-03-02-.02 DEFINITIONS

(1) Applicant. A person who is requesting in writing that the Department inspect their property pursuant to T.C.A. § 55-4-101 and § 65-15-111.

(2) Application for Inspection. The form furnished by the Department or any County Court Clerk’s Office requesting that the Department perform a Safety Certification Inspection.

(3) Commissioner. The appointed commissioner of the Department of Safety.

(4) Department. The Tennessee Department of Safety and Homeland Security.

(5) Homemade. The construction or assembly of a trailer from new or used parts, or both, using a body or frame not originating from any previously manufactured trailer.

(6) Inspection. The process performed by a safety inspector of the Department on the property as requested by the applicant to see if the property meets the requirements of the Department.

(7) Inspection Fee Receipt. The form issued by the Department confirming that the applicant has paid the required twenty-five dollar ($25.00) inspection fee.

(8) Inspection Report. A report and checklist maintained by the Department which is completed at every safety inspection designation whether or not such property meets or does not meet the requirements of the Department.

(9) Pole Trailer. Every vehicle designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections, pursuant to definitions set out in 49 CFR 390.5.

(10) Materially Reconstructed. Substantial alteration or modifications made to an original manufacturer’s specifications. Substantial alterations or modifications shall be deemed to have occurred if the trailer has undergone a major manufacturing alteration which has materially changed the original configuration, structure or specifications of basic components of a previously assembled or manufactured trailer.

(11) Property. Any trailer, semi-trailer and pole trailer which is homemade or materially reconstructed as defined herein which is required under the provisions of T.C.A.§ 55-4-101 and § 65-15-111 to be titled or registered to operate over the roads and highways of Tennessee.

(12) Safety Inspection Certification Certificate. A form furnished by the Department designating whether or not such property meets the requirements of the Department.

(13) Safety Inspector. A person employed by the Department to inspect property pursuant to T.C.A. § 55-4-101 and § 65-15-111.

(14) Semi-Trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

(15) Trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023. Amendments filed October 29, 2025; effective January 27, 2026.

Tenn. Comp. R. & Regs. 1340-03-02-.03 APPLICATION FOR SAFETY INSPECTION

(1) Any person wanting the Department to perform a safety inspection on a trailer, semi-trailer, or pole trailer which is homemade or materially reconstructed and is required to be titled or registered in Tennessee shall complete an application for Safety Inspection form.

(2) Each inspection shall be at the site of the property to be inspected. The property shall not be operated on any Tennessee highway until receiving a Safety Inspection Certification Certificate.

(3) The Department shall inspect said property at the earliest possible time without any unreasonable delays and during normal business hours.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-02-.04 LOCATION AND TIME OF INSPECTION

(1) After receiving a written Application for Inspection, the Department shall confirm with the applicant by telephone or in writing the time and location that the Department will inspect said property.

(2) Each inspection shall be at the site of the property to be inspected. The property shall not be operated on any Tennessee highway until receiving a Safety Inspection Certification Certificate.

(3) The Department shall inspect said property at the earliest possible time without any unreasonable delays and during normal business hours.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-02-.05 INSPECTION FEE

(1) The fee for each inspection shall be twenty-five dollars ($25.00). Said fee shall be assessed and collected by the Department whether or not the property meets the requirements of the Department.

(2) If the applicant makes a later request for a second or subsequent inspection for the same property after having already completed an Application for Safety Inspection, the applicant shall pay the twenty-five dollar ($25.00) Inspection Fee for the second or any subsequent inspection.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-02-.06 INSPECTION COMPLIANCE

(1) Any trailers, pole trailers, or semi-trailers, which are homemade or materially reconstructed as defined herein and are required to be titled or registered, under the provisions of T.C.A.

Title 55, to operate over the roads and highways of the State of Tennessee are subject to inspection.

(2) Those subject to subsection (1) shall be inspected by the Department pursuant to all applicable state and federal rules and regulations. This includes, but is not limited to, T.C.A.

Title 55, Chapter 9, Lighting and Equipment Regulations, T.C.A. § 55-4-101, § 65-15-11, as well as the compliance with Interstate Motor Carrier Noise Emission Standards of 49 CFR 325.1.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023. Amendments filed October 29, 2025; effective January 27, 2026.

Tenn. Comp. R. & Regs. 1340-03-02-.07 INSPECTION REPORT

(1) The applicant shall be issued the original of the inspection report after the property has been inspected by the Department. A copy of the Inspection Report shall be kept by the safety inspector and one copy to be kept in a central location along with the Application, Inspection Fee Receipt, and Safety Inspection Certification Certificate.

(2) The Inspection Report shall designate whether or not the items inspected meet the requirements of the Department. If such items do not meet the said requirements, then the Department shall briefly identify the nature of the safety violations on the Inspection Report.

(3) The Inspection Report shall be signed by the safety inspector and the applicant requesting the inspection. The Identification Certification Number shall be placed on the corresponding Inspection Report.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-02-.08 CERTIFICATION OF PROPERTY

(1) When such property is found to be in compliance with the requirements of the Department, the safety inspector shall permanently affix to such property an Identification Certification Number. The safety inspector shall issue a Safety Inspection Certification Certificate to certify compliance with the Department.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-02-.09 VIOLATORS APPREHENDED WHILE PULLING PROPERTY WITHOUT A SAFETY

CERTIFICATION CERTIFICATE.

(1) While pulling such property on any street, road, highway or interstate system, a person who violates T.C.A. § 55-4-101 and § 65-15-111 shall be issued a citation.

(2) When it is determined that such person is pulling such property on any street, road, highway, or interstate system in violation of T.C.A. § 55-4-101 and § 65-15-111, any enforcement officer shall allow such person to make their own arrangements for having the property towed to their residence or a facility of their choice at the violator’s expense.

(3) When a person is found to be in violation of T.C.A. § 55-4-101 and § 65-15-111 while pulling such property on any street, road, or interstate system, and that person does not make any arrangements for having the property towed to their residence or a facility of their choice, the enforcement officer shall then make the necessary arrangements to have the property towed to the closest facility available for storage. Any storage charges shall be charged to the owner/operator of the property being stored and not charged to the Tennessee Department of Safety.

(4) Any person found to be in violation of T.C.A § 55-4-101 and § 65-15-111 shall be allowed an opportunity to complete an Application for Inspection Form and file it with the Department.

The Department shall then confirm an inspection date to inspect said property.

History

Authority: T.C.A. §§ 55-4-101 and 65-15-111.
Administrative History: Original rule filed December 11, 1986; effective March 31, 1987. Amendments filed June 9, 2023; effective September 7, 2023.

Chapter 1340-03-03 Rules and Regulations For School Bus Inspection Procedures

Tenn. Comp. R. & Regs. 1340-03-03-.01 PURPOSE

To establish a uniform procedure for inspecting school buses and promoting school bus safety.

History

Authority: T.C.A. §§ 4-3-2009, 49-6-2102, and 49-6-2109.
Administrative History: Original rule filed July 20, 1989; effective October 29, 1989. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-03-03-.02 DEFINITIONS

(1) Annual Inspection. An inspection performed within the period of twelve (12) months that begins with the first day of the month following the month in which the last inspection was performed.

(2) CDL. Commercial Driver’s License Issued by the Department.

(3) Commissioner. The appointed commissioner of the Department.

(4) Department. The Tennessee department of safety and homeland security.

(5) Extended Utilization Inspection. An inspection performed semi-annually as required by Tennessee Code Annotated (T.C.A.). Extended Utilization Inspections only apply to Type C and Type D buses.

(6) Extended Utilization Inspection Sticker. An identification sticker issued by the Department as a system of enabling responsible officials and law enforcement personnel to visually identify the inspection status of school buses transporting pupils on a semi-annual basis.

(7) FMVSS. The Federal Motor Vehicle Safety Standards as defined by Title 49, part 571 of the Code of Federal Regulations.

(8) Out-Of-Service Sticker. An identification sticker issued by the Department as a system of identifying vehicles not to be used for transporting of students until removal of this notice by the State Safety Inspector due to failing to meet the criterion to safely transport students.

(9) PAAMS. The portal administrative account management system, used by the pupil transportation division within the Department.

(10) Qualified School Bus Inspector. A person approved by the Department to inspect school buses subject to the rules and regulations of this state.

(11) Recorded Mileage. School bus mileage that must be established by written records and/or odometer readings.

(12) School Bus In-service Date. Date determined by the original title or the body build date.

(13) School Bus Inspection Report. The inspection report form that is to be completed by the Department’s Inspector, on a form developed by the Department which can be submitted electronically.

(14) School Bus Inspection Sticker. An identification sticker issued by the Department as a system of enabling responsible officials and law enforcement personnel to visually identify the inspection status of school buses transporting pupils. These are assessed on an annual

basis.

(15) School Bus Type Definitions:

(a) School bus: A bus owned, leased, contracted to, or operated by a school or school district and regularly used to transport students to and from school or school-related activities, but not including a charter bus or transit bus. A school bus must meet all applicable FMVSS and is readily identified by alternately flashing lamps, National School Bus Yellow paint, and the legend “School Bus,” except as may be provided for the Multifunction school activity bus. The following describes each of these types and styles of vehicle:

Type A: A Type “A” school bus is a conversion or bus constructed utilizing a cutaway front section vehicle with a left side driver’s door. This definition includes two classifications: Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less; and Type A-2, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds.
Type B: A Type “B” school bus is constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: Type B-1, with a GVWR of 10,000 pounds or less; and Type B-2, with a GVWR greater than 10,000 pounds.
Type C: A Type “C” school bus is constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bus. This type also includes cutaway truck chassis or truck chassis with cab with or without a left side door and a GVWR greater than 21,500 pounds.
Type D: A Type “D” school bus is constructed utilizing a stripped chassis. The entrance door is ahead of the front wheels; also known as rear or front engine transit style school bus.

(b) Multifunction school activity bus (MFSAB) or Multipurpose passenger vehicles are subcategories of school buses that meet all the Federal Motor Vehicle Safety Standards (FMVSS) for school buses except the traffic control requirements (alternately flashing signal and stop arm), referenced in 49 CFR 571.3.

Multifunction school activity bus (MFSAB) means a school bus whose purposes do not include transporting students to and from home or school bus stops.
Multipurpose passenger vehicle means a motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional offroad operation.

(16) Temporary Sticker. An identification sticker issued by the Department to indicate that the bus was determined to need minor repairs, but not considered an immediate threat to the safety of students for a temporary status. These minor repairs must be corrected before final approval may be given.

History

Authority: T.C.A. §§ 4-3-2009, 4-4-102, 49-6-2102, and 49-6-2109.
Administrative History: Original rule filed December 3, 2007; effective April 29, 2008. Amendment filed July 27, 2016; effective October 25, 2016. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-03-03-.03 POLICIES FOR SCHOOL BUS INSPECTIONS

(1) Annual School Bus Inspections (Type A, B, C, D and Multifunction School Activity Buses).

(a) School Bus Inspections will be conducted by a Qualified School Bus Inspector. Those charged with inspecting such vehicles must have completed the training program provided by the Department prior to conducting inspections.

(b) The inspector will be responsible for ensuring that all vehicles designed for use in the school system used for the transportation of students to and from school and schoolrelated activities will meet the requirements as identified in the State Board of Education minimum specifications for school buses. These minimum specifications can be accessed on the Board’s website https://www.tn.gov/sbe/rules--policies-andguidance/policies.html.

(d) Placing a vehicle out-of-service will be the responsibility of the inspector.

(e) The inspector shall be required to explain the reasons for noncompliance with the specifications to the Transportation Director and/or Superintendent of schools.

(f) Upon approval of and/or noncompliance of the bus(es), the inspector shall:

Complete the School Bus Inspection Report in its entirety.
The inspector will submit the School Bus Inspection Report to the School Bus Inspection database.
The inspection report shall be available to the local education administration through the School Bus Inspection program. Each School District Transportation Director shall be responsible for electronically acknowledging each School Bus Inspection for the school district fleet.

(g) Every Public School, Private School, Charter School, Contractor, Head Start or Daycare wishing to have a School Bus Inspection completed as required by Tennessee law or pursuant to complimentary agreement to satisfy a federal requirement shall be entered into the electronic School Bus Inspection program prior to the transportation of children for any reason. The owner of said school bus shall also make available a copy of the registration and title to identify proper in-service date as required by the T.C.A.

Years of service will be determined according to T.C.A. § 49-6-2109. Determination of the original in-service date shall be based on the original title or body build date; whichever best represents the true life of the school bus. School buses that were used as “demo” or nonregistered and working school buses and having less than 2,500 odometer miles shall have an in-service date of the original title/registration date.

(h) A school bus involved in a crash or incident that necessitates mechanical repair shall be considered out-of-service by the Department. When the school bus is repaired and road worthy, an inspection must be conducted by a Qualified School Bus Inspector prior to transporting pupils. It is the responsibility of the School District Transportation Director to make notification of any school bus crash to their assigned Department school bus inspector. An incident/crash that requires any repair or the school bus to be towed shall be reported to the Department’s pupil administrative office or district bus inspector for inspection.

(i) The owners of all school buses, whether State Government, Local Government, or by contract, that are in service shall maintain records of all maintenance actions and safety inspections performed on each bus. Such records shall be available at all times to the Commissioner or the Commissioner's designee for review.

(j) All maintenance actions and records thereof shall comply with the minimum standards set forth by the bus manufacturers and Tennessee School Bus Specifications. The Tennessee School Bus Specifications are maintained by the Tennessee State Board of Education.

(k) Driver pre-trip inspection reports shall be completed and maintained, and such records shall be available at all times to the Commissioner or the Commissioner's designee.

The pre-trip inspection report shall at a minimum indicate compliance with all items set forth in the CDL driver handbook, pre-trip section.

(2) Extended Utilization Inspections (Type C School Buses, Type D School Buses and Multifunction School Activity Buses)

(a) All policies of the Annual School Bus Inspections shall apply to Extended Utilization Inspections.

(b) Extended Utilization Inspections shall be conducted on all Type C, Type D, and Multifunction school activity buses prior to the beginning of the 16th year of service.

(c) At such inspections, the inspector shall have the authority to require repairs or reconditioning to be made which they consider necessary for the continued safe use and operation of the bus.

If the local authority or owner refuses to take the required actions, or if the inspector considers continued use of a bus to be unsafe, the inspector shall order its removal from service.

(d) Any Type C, Type D, or Multifunction school activity bus purchased from an out-ofstate entity shall be in service in Tennessee for a minimum period of 2 consecutive years to be eligible for additional years of service beyond 15 years.

(e) Application for extended utilization of Type C, Type D, and Multifunction school activity buses shall be submitted 30 days prior to said school bus starting the 16th year. A Local Education Agency (LEA) may choose to request one or two inspection(s) per application. Each request for inspection shall be accompanied by three hundred eightyfive dollars ($385.00) per inspection.

All applications for extended utilization are processed electronically through PAAMS. Access to PAAMS shall be the responsibility of the School District Transportation Director.
All payments must be processed through the Department’s Cashier’s Office. The Pupil Transportation Section is not authorized to accept any payments. Once the Pupil Transportation Section has obtained a receipt of payment from the Cashier’s Office, the request will be approved and made available for inspection.

Cashier’s Office P.O. Box 24589 Nashville, TN 37202 (f) Inspection Fees 1. Inspection fees must be paid to the Department prior to the inspections being conducted.

Owners are encouraged to pay for both Extended Utilization Inspections at the time application is made for the bus.
Inspection fees will not be reimbursed if a bus does not pass inspection requirements.
Any bus for which application has been made for extended utilization shall be placed out-of-service if the required inspection fee has not been paid.

(g) A School Bus Inspection Report shall be completed on all Extended Utilization Inspections. Transportation Directors can receive a printable copy of the School Bus Inspection Report utilizing PAAMS.

(3) Random Spot Check Inspections (a) All policies of the Annual School Bus Inspections shall apply to unannounced spot check inspections.

(b) Spot check inspections shall be conducted at the discretion of the school bus inspectors. These inspections are random and/or unannounced to determine whether buses are able to safely operate and transport children.

Spot check inspections shall be conducted on buses that have annual inspections performed during the same school year.
Dates and times for the spot check inspections shall not be announced.
School bus inspectors shall determine dates and times so as not to interfere with normal operations of the school system being inspected.
A minimum of 10% of each school district’s vehicles, determined as of August 1 each year, shall be inspected prior to July 31 of the subsequent year. The pupil transportation division within the Department shall provide guidance to the school bus inspectors in selecting buses for spot check inspections.

School District Transportation Directors can receive a printable copy of the School Bus Inspection Report utilizing PAAMS.

(4) During the inspection process, inspectors will permit on-the-spot repairs to be made by school officials if they do not interfere with the ongoing inspection. Every effort should be made to correct those deficiencies prior to inspection, during inspection, and post inspection periods to reduce follow-up inspections.

(5) Penalties for Violations (a) Any driver who operates a bus that has been placed out-of-service or who fails to comply with any other provision of this rule, or any other rules or state laws, shall be subject to downgrade licensing action, which includes removal of the school bus endorsement on their Commercial Driver’s License (CDL) for a period of one (1) year.

Any downgrade licensing action against a driver shall be preceded by notification as provided by T.C.A. § 55-50-502, permitting request for a hearing before licensing action is initiated.
Drivers that have their school bus endorsement removed may reapply for the endorsement and have operating privileges restored after one (1) year and upon satisfactorily completing the required safety training as mandated for all other Tennessee school bus drivers and complying with the laws and regulations for reinstatement of the endorsement through required testing by the driver’s license issuance division within the Department.

(b) Non-compliance with any provision of this rule may result in notification to the state department of education for review of transportation funding.

History

Authority: T.C.A. §§ 4-3-2009, 49-6-2102, 49-6-2109, and 49-6-2113.
Administrative History: Original rule filed July 20, 1989; effective October 29, 1989. Amendments filed December 3, 2007; effective April 29, 2008. Emergency rules filed November 13, 2009; effective through May 12, 2010. Amendments filed November 13, 2009; effective April 30, 2010. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-03-03-.04 POLICY FOR SCHOOL BUS INSPECTION STICKERS

(1) School Bus Inspection Stickers shall consist of different and recognizable bumper and windshield decals as follows:

(a) The School Bus Inspection Sticker shall be affixed to the lower left-hand corner of the front bus bumper upon completion of the inspection on an annual basis. If the front bumper has a surface material that is not conducive to sticker retention, said sticker may be attached to the metal body components located just above the front bumper left side. This sticker will indicate the month and year of said inspection.

(b) Only personnel from the pupil transportation division within the Department have the

authority to affix or remove inspection stickers.

(c) Once affixed, a School Bus Inspection Sticker indicates that the bus was determined to be in satisfactory condition at the initial inspection, having no written discrepancies requiring follow-up action.

(d) The Extended Utilization Inspection Sticker shall consist of red letters on a yellow background. This sticker shall indicate the expiration date of said sticker. If the front bumper has a surface material that is not conducive to sticker retention, said sticker may be attached to the metal body components located just above the front bumper left side.

(e) Once affixed, a Temporary Sticker indicates that the bus was determined to need minor repairs, but not considered an immediate threat to the safety of students. However, the minor repairs must be corrected with formal inspection before final approval may be given.

School officials shall be given a reasonable period of time to correct deficiencies.
A mutual time shall be decided upon by the school official and inspector for the follow-up inspection, not to exceed 30 days from the date of the initial inspection.
After completion of the follow-up inspection and provided all identified deficiencies have been corrected, the inspector shall remove the Temporary Sticker and replace with an Annual or Extended Utilization Sticker, whichever is applicable.
If the identified deficiencies have not been corrected in a timely manner, the inspector shall remove the Temporary Sticker and affix an Out-Of-Service Sticker in its place.
Subsequent follow-up inspection shall be decided upon between the school officials and inspector. Once all identified deficiencies have been corrected, the Out-Of-Service Sticker shall be replaced by an Annual or Extended Utilization Sticker.
A Temporary Sticker shall consist of a green sticker 1.5" by 3" placed on the bumper over the left side of the previous School Bus Inspection Sticker.

(f) 1. An Out-Of-Service Sticker declares “the vehicle is not to be used for the transporting of students until removal of this notice by the State Safety Inspector.” The international prohibition sign is super-imposed over the word “Students”. This sticker shall be placed on the windshield in view of the driver.

When it has been determined by the school bus inspector that a bus fails to meet the criteria as outlined in this manual the vehicle will be considered out-ofservice.

When the noted deficiencies have been corrected, the inspector shall remove the Out-Of-Service Sticker and affix the appropriate Annual or Extended Utilization Sticker in its place.

History

Authority: T.C.A. §§ 4-3-2009, 4-4-102, 49-6-2102, and 49-6-2109.
Administrative History: Original rule filed July 20, 1989; effective October 29, 1989. Amendments filed December 3, 2007; effective April 29, 2008. Emergency rule filed November 13, 2009; effective through May 12, 2010. Amendment filed November 13, 2009; effective April 30, 2010. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-03-03-.05 SCHOOL BUS INSPECTION PROCEDURES

(1) The following information should be recorded on the School Bus Inspection Report or the Electronic Inspection Database:

(a) County in which the vehicle primarily operates;

(b) Date of inspection;

(d) Bus number;

(e) Registration information;

(f) Make of chassis;

(g) Model;

(h) Make of body;

(i) Mileage;

(j) Years in service; and (k) Type of school bus.

(2) The Commissioner hereby adopts the most current sections of the “School Bus Inspection Program,” “School Bus Recommended Out-Of-Service Criteria,” and “Recommended School Bus Inspection Procedures” as set forth in the National School Transportation Specifications and Procedures, which are promulgated, approved, and adopted by the National Congress on School Transportation, located at https://www.nasdpts.org/NSTSP-Documents. All School Bus Inspections will be conducted in accordance with these adopted procedures.

History

Authority: T.C.A. §§ 4-3-2009, 4-4-102, 49-6-2102, and 49-6-2109.
Administrative History: Original rule filed July 20, 1989; effective October 29, 1989. Repeal and new rule filed December 3, 2007; effective April 29, 2008. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-03-03-.06 CRITERIA FOR REMOVING BUSES FROM SERVICE

When one (1) or more of the following items have been found to be unsatisfactory, it shall be cause for placing the bus out-of-service until the unsatisfactory item(s) has been repaired or replaced in such a manner that it will meet the requirements set forth in 1340-03-03-.05(2). The determination to place the vehicle out-of-service shall be made by the school bus inspector.

(1) Brake System;

(2) Brake System (Hydraulic);

(3) Brake Components (Air and Hydraulic);

(4) Parking Brake - including, but not limited to, not present or working as designed;

(5) Steering System - including, but not limited to, any modification or other condition that interferes with the free movement of any steering component;

(6) Suspension Components;

(7) Chassis/Frame/Unibody;

(8) Exhaust System;

(9) Fuel System;

(10) Driveshaft;

(11) Differential;

(12) Engine;

(13) Tires/Wheels/Hubs;

(14) Aisle;

(15) Electrical;

(16) Battery;

(17) Windshield Wipers;

(18) Body Interior;

(19) Windows;

(20) Body Exterior;

(21) Lamps/Signals;

(22) Emergency Equipment;

(23) Wheelchair Equipped Vehicles; or (24) Other Unsafe Conditions - Should the school bus inspector identify any other condition or conditions not listed above, but in their judgment which renders the bus to be unsafe for the transportation of students, the bus shall be placed out-of-service. In the event a bus is placed out-of-service for reasons as described above, the inspector shall secure approval for such action from the supervisor of the pupil tr ansportation division within the Department.

History

Authority: T.C.A. §§ 4-3-2009, 4-4-102, 49-6-2102, and 49-6-2109.
Administrative History: Original rule filed July 20, 1989; effective October 29, 1989. Repeal and new rule filed December 3, 2007; effective April 29, 2008. Amendments filed February 13, 2023; effective May 14, 2023.

Tenn. Comp. R. & Regs. 1340-03-03-.07 SCHOOL BUS DRIVERS AND TRAINING

(1) Driver Training Programs (a) All drivers having a Commercial Driver’s License (CDL) with the school bus endorsement for the privileges to operate a school bus will be required on an annual

basis to attend and satisfactorily complete all state sponsored training programs pursuant to T.C.A. § 49-6-2102 to keep the endorsement class license. Training exemptions may be granted upon determination that a school bus driver already meets or exceeds minimum safety training requirements as established by the Department.

(b) State offered training shall be delivered through a medium to be determined by the pupil transportation division within the Department.

(c) Any downgrade licensing action against a school bus operator for failing to meet minimum training requirements to maintain a school bus endorsement on their CDL shall be preceded by notification as established in T.C.A. § 55-50-502, permitting request for a hearing before adverse licensing action is initiated.

(d) The school bus endorsement downgrading action:

Will occur on the first day of the following month of the S endorsement holder’s training month.
Drivers not meeting the minimum training requirements stated in this rule will be downgraded.
All other adverse actions against school bus endorsement privileges shall be governed by provisions of T.C.A. § 55-50-502 or other state law.
Drivers that have their school bus endorsement removed may reapply for the endorsement and have operating privileges restored upon satisfactorily completing the required safety training as mandated for all other Tennessee school bus drivers and complying with the laws and regulations for reinstatement of the endorsement through required testing by the driver’s license issuance division within the Department.

(e) School Activity 1. Drivers of school buses utilized for “school activity purposes” shall possess a Commercial Driver’s License (CDL) with the passenger and school bus endorsements.

“School activity purposes”: includes, but is not limited to: field trips, ball trips, band camps and other non-regular route use that is sanctioned by the board of education on either board-owned, contractor-owned, or school-owned equipment.

History

Authority: T.C.A. §§ 4-3-2009, 4-4-102, 49-6-2102, and 49-6-2109.
Administrative History: Original rule filed July 20, 1989; effective October 29, 1989. Repeal and new rule filed December 3, 2007; effective April 29, 2008. Amendments filed February 13, 2023; effective May 14, 2023.

Chapter 1340-03-04 Municipal Enforcement of Rules of the Road

Tenn. Comp. R. & Regs. 1340-03-04-.01 PURPOSE

(1) To provide local agencies with information about the enforcement of rules of the road on interstate highways by law enforcement agencies of municipalities with a population of 10,000 persons or less and to establish terms for the manner and method of enforcement of rules of the road on interstate highways by law enforcement agencies of municipalities with a population of 10,000 persons or less.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.02 DEFINITIONS

(1) Commissioner means the Commissioner of the Tennessee Department of Safety.

(2) Department means the Tennessee Department of Safety.

(3) Interstate highways mean the Dwight D. Eisenhower national system of interstate and defense highways.

(4) Municipality means a city or town properly incorporated as a municipal corporation with a population of 10,000 or less according to the 2010 federal census or any subsequent federal census.

(5) Municipal law enforcement agency means the police department of a municipality with a population of 10,000 or less according to the 2010 federal census or any subsequent federal census.

(6) Chief law enforcement officer means the chief, director, or the highest-ranking officer known by any other title of a municipal law enforcement agency in a municipality with a population of 10,000 or less according to the 2010 federal census or any subsequent federal census.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendment filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.03 LOCAL AUTHORIZATION

(1) A municipal law enforcement agency shall not enforce rules of the road on interstate highways unless the legislative body of the municipality authorizes such enforcement. An ordinance or resolution authorizing enforcement of rules of the road, if approved, shall be submitted to the Commissioner. Once an ordinance or resolution is received by the Commissioner, the ordinance or resolution shall be maintained on file by the Department and shall satisfy the requirement of this section unless and until a subsequent resolution or ordinance repealing such authorization is submitted to the Commissioner.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.04 LISTING OF HIGHWAYS

(1) The chief law enforcement officer of each municipality properly authorized by the local legislative body to enforce rules of the road on interstate highways shall file with the Commissioner a listing of interstate highways within the municipality’s law enforcement jurisdiction.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.05 ANNUAL ENFORCEMENT NOTICE

(1) The chief law enforcement officer of each municipality properly authorized by the local legislative body to enforce rules of the road on interstate highways shall file with the Commissioner notification of a municipal law enforcement agency’s intent to enforce rules of the road on interstate highways.

(2) A law enforcement agency intending to enforce the rules of the road on the interstate highways shall file its written notice on the form developed by the Department.

(a) Between November 1 and December 31 of a calendar year for authorization for the next calendar year;

(b) Between January 1 and October 31 of a calendar year for authorization between the date of approval by the Commissioner and December 31 of that same calendar year;

(c) Between November 1 and December 31 of a calendar year for authorization for the remainder of the same calendar year, only if the notification is accompanied by a letter, on agency letterhead, stating the notification is for the remainder of the calendar year.

The law enforcement agency will need to file a separate notification for the next calendar year in accordance with subparagraph (2)(a).

(3) In no event shall a notification for a law enforcement agency’s authority to enforce the rules of the road on the interstate highways be valid prior to the date of approval by the Commissioner.

(4) In no event shall a notification for a law enforcement agency’s authority to enforce the rules of the road on the interstate highways be valid for any period of time beyond the calendar year for which it is authorized.

(5) The notification by a law enforcement agency shall include, at a minimum, the following information:

(a) A statement indicating the anticipated frequency of enforcement activities expressed as the anticipated number of hours per week in which the municipal law enforcement agency will have one or more officers engaged in enforcement of the rules of the road on interstate highways.

(b) A statement indicating whether enforcement efforts will include active patrols or other methods of enforcement.

(c) A statement that all officers engaged in the enforcement of the rules of the road have read, understand, and will follow the General Orders listed herein and any addendums or referenced manuals thereto issued by the Tennessee Highway Patrol to ensure their safety, the safety of the public, and to ensure uniform enforcement procedures and standards:

G.O. # 405 – Traffic Direction and Control G.O. # 411 – Pursuit Regulations G.O. # 415 – Motorcycle Care and Operations (THP Only)

G.O. # 430 – Traffic Crash Investigation G.O. # 500 – Use of Force G.O. # 501 – Enforcement Policy and Professional Conduct G.O. # 505 – Stop and Approach Procedures G.O. # 506 – Profiling G.O. # 513 – Vehicle Inventory and Searches G.O. # 520 – Citations G.O. # 555 – Speed Measurement Devices G.O. # 712-1 – Cameras (In-Car)

(d) A statement indicating the law enforcement agency and all of its officers have read and understand the Tennessee Department of Transportation’s Memorandum of Understanding for Quick and Safe Clearance when operating on the interstate.

(e) A statement indicating the law enforcement agency has submitted a Geographic Information System map that clearly shows the area of operations within the limits of the municipality. To include any entry and/or exit ramps on the interstate to which the law enforcement agency intends to utilize.

(f) Any statement and forms submitted to the State of Tennessee for approval must be current, official forms produced and accepted by the Tennessee Highway Patrol. No self-supplied or previous versions of forms will be accepted or approved.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Repeal and new rule filed August 21, 2008; effective December 29, 2008. Amendment filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.06 CRASH INVESTIGATION

(1) Each municipal law enforcement agency enforcing rules of the road on interstate highways shall have authority to assist motorists and investigate crashes on such highways to the fullest extent that resources permit.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.07 EGRESS AND INGRESS

(1) Each municipal law enforcement agency enforcing rules of the road on interstate highways shall utilize established and clearly marked points of egress and ingress and may use restricted emergency vehicle turnarounds to change direction on divided highways. A municipal law enforcement agency enforcing the rules of the road on interstate highways shall not drive across a median to change direction on a divided highway unless responding to a crash or other incident in which injury or death of motorists, bystanders, or law enforcement personnel is suspected to have occurred, has occurred, or seems likely to occur.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.08 CLEARLY IDENTIFIED VEHICLES

(1) Each municipal law enforcement agency enforcing rules of the road on interstate highways shall utilize only clearly marked law enforcement vehicles and shall not utilize unmarked law enforcement vehicles. Clearly marked law enforcement vehicles shall display the law enforcement agency’s patch, badge, seal or other official agency logo.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Repeal and new rule filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.09 CERTIFIED SPEED DETECTION EQUIPMENT

(1) Each municipal law enforcement agency enforcing rules of the road on interstate highways, to the extent that speed detection equipment is used, shall utilize speed detection equipment tested and certified in accordance with the standards set forth by the International Association of Chiefs of Police (IACP). The requirements of the Tennessee Department of Safety General Order number 555 must be adhered to in checking, maintaining, and testing such devices. A certified radar technician must also recertify this equipment annually pursuant to the manufacturer’s recommendations. The operator of such equipment must also be certified and recertified annually on the use and operation of the speed detection equipment pursuant to the certification requirements of General Order number 555.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Repeal and new rule filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.10 CERTIFIED PEACE OFFICERS

(1) Each municipal law enforcement agency enforcing rules of the road on interstate highways shall permit only “full-time police officers” as defined in T.C.A. § 38-8-101(3), who have met the qualifications for police officer per T.C.A. § 38-6-106. Officers are not permitted to wear plain clothes while working the interstate highways under this authorization. All officers shall carry their official agency’s identification card containing, at a minimum, a photograph of the employee, name, rank/title, and date of issuance.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Repeal and new rule filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.11 GENERAL PURSUIT POLICY

(1) Each municipal law enforcement agency enforcing rules of the road on interstate highways shall be familiar with and abide by the Department’s general pursuit policy (G.O. # 411 – Pursuit Regulations) or, in the alternative, a municipal law enforcement agency may abide by a local pursuit policy that is at least as restrictive as the Department’s general pursuit policy.

Any local law enforcement agency utilizing its own pursuit policy shall be responsible for determining if the local pursuit policy is at least as restrictive as the Department’s general pursuit policy.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.12 ASSISTANCE

(1) In the case of any response, incident, or enforcement activity on interstate highways involving the State Highway Patrol or any other state law enforcement personnel, a municipal law enforcement agency shall assist or support the State Highway Patrol or any other state law enforcement personnel only to the extent requested by the State Highway Patrol or any other state law enforcement agency. The municipal law enforcement agency shall assume a supporting role, unless otherwise requested, regardless of whether the initial response, incident, or enforcement activity was initiated by the municipal law enforcement agency, or by the State Highway Patrol or any other state law enforcement agency.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed December 6, 2004; effective April 29, 2005. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.13 COMPLIANCE OVERSIGHT

The Department of Safety reserves the right to visit and/or inspect any municipality authorized to enforce the rules of the road on the interstate highways to ensure that the municipality is complying with these rules and all General Orders listed in 1340-03-04-.05(5)(c).

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed August 21, 2008; effective December 29, 2008. Amendments filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-04-.14 SUSPENSION OF AUTHORIZATION

(1) Upon determining that a municipality is enforcing the rules of the road on the interstate highways without proper authority or is not complying with these rules and all General Orders listed in 1340-03-04-.05(5)(c), the Commissioner (or the Commissioner’s designee) may refuse to issue or may suspend for up to three (3) years the authorization for the municipality to enforce the rules of the road on the interstate highways.

(2) Such suspension shall be made in writing and sent by certified mail, return receipt requested, to the chief law enforcement officer and the mayor of the municipality no less than thirty (30) days prior to the effective date of the suspension of authority. Furthermore, an electronic mail notice will be sent to the municipality's chief law enforcement officer and mayor, notifying the effective date of the suspension of authority.

(3) The municipal law enforcement agency shall have twenty (20) days from receipt of the suspension notification to provide proof to the Department that the municipal law enforcement agency was compliant with these rules and all General Orders listed in 1340-03-04-.05(5)(c).

Timely submission of proof to the Department shall stay the suspension until the Department has made a determination whether or not to rescind the suspension.

(4) If the proof submitted under paragraph (3) is acceptable to the Department, the Commissioner (or the Commissioner’s designee) shall inform the chief law enforcement officer and mayor in writing and sent by certified mail, return receipt requested, that the suspension is being rescinded.

(5) If the proof submitted under paragraph (3) is not acceptable to the Department, the Commissioner (or the Commissioner’s designee) shall inform the chief law enforcement officer and mayor in writing and send by certified mail, return receipt requested, that the suspension will be reinstituted. Furthermore, an electronic mail notice will be sent to the municipality's chief law enforcement officer and mayor, notifying the suspension will be reinstituted.

(6) At the conclusion of the suspension served by a municipal law enforcement agency, such agency must re-file for authorization pursuant to 1340-03-04-.05 herein prior to enforcing the rules of the road on the interstate highways.

History

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.
Administrative History: Original rule filed August 21, 2008; effective December 29, 2008. Repeal and new rule filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective August 4, 2024.

Chapter 1340-03-05 Repealed

Tenn. Comp. R. & Regs. 1340-03-05-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-05-.07 REPEALED

History

Authority: T.C.A. §§ 4-3-2009, 65-15-122, and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-05-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-05-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-05-.04 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-05-.05 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Tenn. Comp. R. & Regs. 1340-03-05-.06 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 65-15-128.
Administrative History: Original rule filed December 16, 2010; effective May 31, 2011. Repeal filed May 6, 2024; effective August 4, 2024.

Chapter 1340-03-06 Rules of Ignition Interlock Device Program (Renumbered from 1340-01-14)

Tenn. Comp. R. & Regs. 1340-03-06-.02 DEFINITIONS

(1) Accuracy Check - confirming the calibration of the equipment used for the BAIID’s calibration.

(2) Administrative Fee - a fee collected by the manufacturer from each participant.

(3) A-List - the Department of Safety and Homeland Security’s secure data reporting system.

(4) Breath Alcohol Concentration (BrAC) - the amount of alcohol expressed in weight per volume (w/v) of breath based upon grams of alcohol per 210 liters (L) of breath.

(5) Breath Alcohol Ignition Interlock Device (BAIID) - a device that is designed to allow a driver to start a vehicle if the driver’s BrAC is below the set point and to prevent the driver from starting the vehicle if the driver’s BrAC is at or above the set point.

(6) Calibration - the process of testing and/or adjusting the BAIID to ensure accuracy by using a wet bath or dry gas standard as defined by the current National Highway Traffic Safety Administration (NHTSA) model specifications for calibration units.

(7) Camera - a feature of the device that incorporates photo identification or digital images of the person who is providing the breath test in all light conditions.

(8) Circumvent - to bypass the correct operation of the BAIID by starting the vehicle without first providing a breath test.

(9) Commissioner - the Commissioner of the Tennessee Department of Safety and Homeland Security.

(10) Compliance-Based Removal - the authorized removal of the BAIID as determined by the participant meeting terms set by T.C.A. § 55-10-425.

(11) Department - the Tennessee Department of Safety and Homeland Security.

(12) Hearing Officer - the officer designated by the Commissioner to preside over administrative hearings.

(13) Ignition Interlock Program - the Department of Safety and Homeland Security’s program of regulating BAIIDs, manufacturers, service centers, and technicians in the State of Tennessee.

(14) Ignition Interlock Service Center Inspection Checklist - a form (SF-1535) to be completed by the manufacturer or service center prior to initial and/or annual renewal inspection.

(15) Manufacturer - a person or organization responsible for the design, construction, and/or production of the BAIID, which has been approved and certified by the Ignition Interlock Program as meeting all of the minimum requirements set forth in these rules.

(16) Manufacturer Certificate of Compliance - a certificate of compliance issued by the manufacturer to a participant who has been compliant with the program conditions for the required period.

(17) Manufacturer/Service Center Non-Compliance Fee - a fee charged to the manufacturer for non-compliance with any of the requirements stated in Chapter 1340-03-06.

(18) Manufacturer Representative - an individual designated by the manufacturer as a direct point of contact for the ignition interlock program administrator in the State of Tennessee.

(19) Non-Compliance - failure to meet the minimum requirements set forth in state law, these rules, a court order, or the device configuration requirements.

(20) Normal Business Hours - standard workdays of Monday through Saturday between the hours of 7:00 am and 7:00 pm at a minimum of five (5) days per week, excluding state and federal holidays.

(21) Participant - an individual who has been ordered by a court or the Department pursuant to the provisions of T.C.A. § 55-10-417 to operate a motor vehicle which has been equipped with a functioning BAIID.

(22) Permanent Lockout - a condition where the device will not accept a breath test until serviced.

(23) Probation - an entity appointed to investigate, supervise, and report on the conduct of program participants.

(24) Program Administrator - an individual who is the direct point of contact with the general public, current and prospective service centers, manufacturers, and other government and private entities.

(25) Random Retest - a breath test that is required after the initial engine start-up breath test and while the vehicle is being operated. Note: Commonly referred to as a rolling, random, or running retest.

(26) Real Time Reporting - the contemporaneous transmission of data any time a photo is captured to a specified monitoring entity as the event occurs or as soon as cellular reception permits.

(27) Remove Interlock Restriction Letter - a letter issued by the Department to a participant indicating program compliance.

(28) Residual Mouth Alcohol - alcohol found in the oral cavity that dissipates over a short period of time.

(29) Service Center - the entity designated by the manufacturer and approved by the Ignition Interlock Program to provide services to include, but not limited to, installation, inspection, maintenance, and removal of the BAIID within Tennessee.

(30) Service Center Certificate - a certificate provided by the Ignition Interlock Program once the Ignition Interlock Program is satisfied that the service center complies with all of the minimum requirements set forth in Chapter 1340-03-06.

(31) Tampering - an attempt to physically disable, disconnect, adjust, or otherwise alter the proper operation of a BAIID and/or any of its components; to remove the BAIID and/or any of its components without authorization. Note: Disconnecting the handset once the vehicle is turned off is permissible unless the vehicle was turned off during a random retest.

(32) Technician - a person affiliated with a service center and engaged in the installation, inspection, maintenance, and removal of BAIIDs in Tennessee.

(33) Technician’s Certificate of Training - a certificate issued to the technician by the manufacturer certifying that the technician has been properly trained in the installation, inspection, maintenance, and removal of BAIIDs in Tennessee.

(34) Technician Training - type(s) of training provided to the technician by the manufacturer including hands-on training, paper materials, and training videos.

(35) Temporary Lockout Code - a temporary code issued by the manufacturer to a participant whose BAIID is in lockout mode.

(36) Violation - non-compliance with a law, regulation, or rule.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.03 MANUFACTURER APPLICATION PROCEDURES

(1) Any individual or business shall apply to be an approved and certified manufacturer using forms supplied by the Ignition Interlock Program.

(a) The Manufacturer Application (SF-1573) shall be completed in full and shall include the following:

A list of all states for which you are currently an approved BAIID manufacturer.
A list of all states where the BAIID manufacturer is currently or has previously been suspended or revoked within the last ten (10) years.
A statewide criminal history background check performed through the Tennessee Bureau of Investigation (TBI) or a background check from the state through which the driver license is issued. If the manufacturer is not an individual but a business entity, the background check should be completed on the Manufacturer Representative.
Verification that the manufacturer is not an employee of the Department.
Verification that the BAIID meets or exceeds the most recent model specifications established by the National Highway Traffic Safety Administration (NHTSA).
A Quality Assurance Plan (QAP) that includes the operating instructions for the BAIID and step-by-step instructions of the process for checking the accuracy of the calibration of the BAIID.
Verification of current financial responsibility as stated in Rule 1340-03-06-.16.
Verification that the manufacturer has the ability to submit automated reports via a web service program into A-List.
A copy of the materials used to train the participant on the proper use of the BAIID.
The physical addresses of planned installation locations in Tennessee. A certified manufacturer will have ninety (90) days to establish their service center locations within the geographical boundaries of Tennessee or the manufacturer will be removed from the certified manufacturer list and must reapply. At a minimum, each approved manufacturer must open and maintain one (1) service center in each of the eight (8) Tennessee Highway Patrol districts.
A two hundred and fifty dollar ($250.00) non-refundable application fee transferred by Automated Clearing House (ACH) to the Ignition Interlock Program.

(b) All applications will be submitted to the Ignition Interlock Program by the Manufacturer Representative.

(2) The applicant will be notified by U.S. mail or electronically of the approval or denial of the application. If the application is approved, the manufacturer will receive a certificate which shall be valid for one (1) year. If the application is denied, the applicant will be informed of the reason for denial.

(3) In order to continue as an approved manufacturer, an application to renew must be submitted to the Ignition Interlock Program annually.

(a) The renewal application consists of all the required information under (1)(a) and must be submitted to the Ignition Interlock Program at least sixty (60) days prior to the expiration of its current certificate.

(b) At the time the application to renew is submitted, a one hundred dollar ($100.00) nonrefundable renewal fee shall be transferred by ACH to the Ignition Interlock Program.

(c) If the application to renew, including background checks and proof of financial responsibility, is not submitted at a minimum of sixty (60) days prior to the expiration of the current certificate, the non-refundable renewal fee will increase to two hundred and fifty dollars ($250.00).

(d) If the appropriate renewal fee is not submitted, the application will be considered incomplete and will not be processed for renewal.

(4) The Ignition Interlock Program shall notify the manufacturer of its decision before the expiration date of the current certificate. If approved, the manufacturer shall receive a certificate valid for one (1) year. If the re-certification is denied, the Ignition Interlock Program will inform the manufacturer of the reason for denial. The manufacturer shall have ten (10) days from the date the notification is sent to correct any deficiencies and notify the Ignition Interlock Program in writing of such correction. The manufacturer may also request a hearing pursuant to Rule 1340-03-06-.20.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.04 SERVICE CENTER APPLICATION PROCEDURES

(1) Any individual or business shall apply to be a certified service center using forms supplied by the Ignition Interlock Program.

(a) The Service Center Application (SF-1377) shall be completed in full and shall include the following:

Name and physical address of individual or business applying to be a service center.
A list of the names and a Technician Application (SF-1378) for each of the persons who will be installing, calibrating, servicing, or removing the BAIID.
The individual’s or business’s experience in installing, servicing, and removing BAIIDs in other jurisdictions.
A statewide criminal history background check of the owner and all technicians performed through the Tennessee Bureau of Investigation (TBI) or a background check from the state through which the driver license is issued.
Verification that the service center owner and technicians are not employees of the Department.
Verification of current financial responsibility as stated in Rule 1340-03-06-.16.
A copy of the technicians’ certificates of training issued by the manufacturer.
The name of the manufacturer that the applicant is affiliated with.
An Ignition Interlock Service Center Inspection Checklist (SF-1535).
A two hundred and fifty dollar ($250.00) non-refundable application fee per service center transferred by ACH to the Ignition Interlock Program.

(b) All applications will be submitted to the Ignition Interlock Program by the affiliated Manufacturer Representative.

(2) Upon receipt of the application and fee, the Ignition Interlock Program will process the application and conduct an on-site inspection of the service center.

(3) The applicant will be notified by U.S. mail or electronically of the approval or denial of the application. If the application is approved, the manufacturer and service center will receive a certificate which shall be valid for one (1) year. If the application is denied, the applicant’s affiliated manufacturer will be informed of the reason for denial.

(4) An entity desiring to become a service center must apply separately through each manufacturer that it intends to be affiliated with, including submission of an application, application fee, and all required information under (1)(a).

(5) In order for a service center to maintain its certification, every year its affiliated manufacturer(s) shall submit an application to renew to the Ignition Interlock Program.

(a) The renewal consists of all the required information under (1)(a) for each service center and must be submitted to the Ignition Interlock Program at least sixty (60) days prior to the expiration of its current certificate.

(b) At the time the application to renew is submitted a one hundred dollar ($100.00) nonrefundable renewal fee for all service centers will be transferred by ACH to the Ignition Interlock Program.

(c) If the application to renew, including background checks, proof of financial responsibility, and the facility checklist, is not submitted at least sixty (60) days prior to the expiration of the current certificate, the non-refundable renewal fee will be increased to two hundred and fifty dollars ($250.00) and the renewal inspection may be delayed.

(d) If the appropriate renewal fee is not submitted, the application will be considered incomplete and will not be processed for a renewal.

(6) If the application to renew and all other required documents are received at least sixty (60) days prior to the expiration of the current certificate, the Ignition Interlock Program will notify the service center and its manufacturer of its decision before the expiration date of the current certificate. If approved, the manufacturer and the service center shall receive a certificate valid for one (1) year. This certificate shall be posted in a conspicuous place at the service center’s office where it is clearly visible to the program participants. If the recertification is denied, the Ignition Interlock Program will inform the manufacturer of the reason for denial. The manufacturer shall have ten (10) days from the date the notification is sent to correct any deficiencies and notify the Ignition Interlock Program in writing of such correction. The manufacturer may also request a hearing pursuant to Rule 1340-03-06-.20.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-417, and 55-10-425.
Administrative History: New rule filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.05 GENERAL REQUIREMENTS

(1) The rules, regulations, and requirements established herein are minimums and may be exceeded by the service center or manufacturer. The Ignition Interlock Program reserves the right to implement new procedures and requirements not found in these rules on an interim

basis until these rules are amended in order to comply with the requirements of any new legislation passed by the Tennessee General Assembly. Certified manufacturers and service centers will be notified of the new procedures or requirements in writing prior to the enactment of said procedure or requirement. Service centers and manufacturers may not waive any requirement of these rules or pass any requirement imposed on the service center or manufacturers to a program participant through contract or other means.

(2) The service center and manufacturer shall comply with all applicable state laws, administrative rules, and regulations.

(3) The manufacturer shall have the ability to accurately submit automated reports via a web service program into A-List. Upon request of the Ignition Interlock Program, incomplete or missing reports must be resubmitted into A-List within forty-eight business (48) hours.

(4) A service center shall provide and maintain their business within the geographical boundaries of Tennessee. The location will be easily accessible and open during normal business hours.

The service center’s hours of operation and the manufacturer’s twenty-four (24) hour emergency phone number shall be posted in a conspicuous place at the service center’s office where it is clearly visible to the program participants. If at any time the service center changes hours of service, the Ignition Interlock Program shall be immediately notified.

(5) Approved manufacturers must open and maintain service centers at a distance no greater than one hundred (100) miles from each other. If an existing service center closes, the manufacturer shall have thirty (30) days to submit an application for a replacement service center within that immediate geographic area.

(6) A service center shall comply with all minimum requirements for installation and any other Tennessee state and federal laws applicable to BAIIDs and manufacturers.

(7) All BAIIDs that are required by Tennessee courts or the Department shall have all calibrations, data downloads, and servicing completed at a certified service center’s fixed facility within Tennessee unless otherwise authorized by the Ignition Interlock Program.

(8) All BAIIDs that are required by Tennessee courts or the Department shall only be installed and removed at a certified service center’s fixed facility within Tennessee unless otherwise authorized by the Ignition Interlock Program.

(9) A manufacturer may request approval to recover a BAIID after ninety (90) consecutive delinquent days. The manufacturer may only remove the delinquent BAIID at an off-site location upon approval by the Ignition Interlock Program. The manufacturer and service center will hold the Department and the State of Tennessee harmless from any liability resulting from the recovery of a BAIID pursuant to this subsection. The option to recover a BAIID for delinquency must have been included in the contract signed by the program participant in order to be approved by the Ignition Interlock Program.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.04 but was renumbered 1340-03-06-.05 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.06 APPROVED BAIID REQUIREMENTS

(1) Only BAIIDs that are alcohol specific fuel cell devices may be used. These must be capable of recording, through a reliable electronic information system, all reports required in these rules. It is mandatory that all BAIIDs meet or exceed the most recent model specifications established by the NHTSA. Adherence to these standards must be verified by a laboratory which subscribes to the quality code of the International Standards Organization of the American National Standards Institute — or another commensurate laboratory approved by the Ignition Interlock Program.

(2) All BAIIDs installed must include a camera component to comply with T.C.A. §§ 55-10-417 and 55-10-425. All BAIID cameras that are not integrated into the handset shall be mounted on the passenger side of the vehicle cabin facing toward the driver.

(3) A photo should be captured when:

(a) An initial test is requested;

(b) A random retest is requested; or (c) Any time a breath sample is provided.

(4) All BAIIDs installed on a participant’s vehicle, beginning six (6) months after the effective date of these rules, must be equipped with and utilize Real Time Reporting.

(5) A breath alcohol content (BAC) of .020 or greater shall prevent the vehicle from starting and constitutes a failure for retests.

(6) The BAIID must allow the participant to provide a minimum of three (3) retests within ten (10) minutes of any failed initial test or random retest.

(7) The first random retest should occur five (5) to fifteen (15) minutes after initial start-up and subsequent tests should occur fifteen (15) to forty-five (45) minutes from the conclusion of the previous retest.

(8) All installed devices must cause the vehicle’s horn to blow and the hazard lights to flash upon a violation of a random retest and stop only upon the ignition being turned off or a passed retest.

(9) A violation will be recorded for any of the following reasons:

(a) The engine is started without passing a breath test or while in a lockout state;

(b) The user fails or refuses to take a random retest;

(c) The user delivers a breath sample above the violation level of .020; or (d) The user tampers with or attempts to circumvent the device.

(10) Once five (5) violations have occurred, the user must return for service within seventy-two (72) hours or the device will lockout and prevent the vehicle from starting. This shall not apply to BAIIDs equipped with real time reporting technology.

(11) The service center or manufacturer is authorized to issue a temporary lockout code to a participant whose device is in a permanent lockout mode. The temporary lockout code will allow the vehicle to be started one (1) time, provided a proper breath test is submitted and passed, and should be valid for a period of time not to exceed two (2) hours. The temporary lockout code shall only be issued one (1) time in a thirty (30) day period for the purpose of allowing a participant to drive their vehicle to a service center for service.

(12) The BAIID manufacturer must notify the Ignition Interlock Program before any software changes are made to the BAIID.

(13) All breath reductions of the BAIID shall be approved by the Ignition Interlock Program. The required breath volume shall be set at 1.5 liters unless granted a medical exemption. If a reduction is approved the required breath volume shall not be set at less than 1.2 liters. The process for requesting a medical exemption breath reduction is as follows:

(a) The client must obtain a plain-language statement from their primary care physician or pulmonary specialist that details why they are unable to utilize the BAIID.

(b) The participant shall request permission from the Ignition Interlock Program to lower the required breath volume on the BAIID by sending the physician’s statement to the Ignition Interlock Program at 1150 Foster Avenue, Nashville, TN 37210, by U.S. mail or electronically to safety.interlock@tn.gov.

(d) The manufacturer will advise the service center how to calibrate the BAIID.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.05 but was renumbered 1340-03-06-.06 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.07 SERVICE CENTER–OWNER/TECHNICIAN REQUIREMENTS

(1) Service center owner(s) shall not be an employee of the Department; shall not have been convicted of a felony or any crime involving violence, dishonesty, deceit, fraud, or indecency within ten (10) years prior to the date of the application or any conviction of vehicular homicide or vehicular assault regardless of the date of conviction; shall have and maintain a valid driver license; and shall comply with all administrative rules and regulations that the Department may promulgate concerning the Ignition Interlock Program.

(2) Technician(s) who works for a service center shall not be an employee of the Department, shall not have been convicted of a felony or any crime involving violence, dishonesty, deceit, fraud, or indecency within ten (10) years of the date of the application or of vehicular homicide or vehicular assault regardless of the date of conviction; shall have and maintain a valid driver license; and shall comply with all administrative rules and regulations that the Department may promulgate concerning the Ignition Interlock Program. The technician shall not have been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application, where none of these convictions occurred within five (5) years from the date of application or renewal. At no time may a technician who is required to operate a vehicle equipped with a BAIID utilize a device that the technician is certified to service.

(3) Falsification on any application shall be sufficient grounds for denial of the application.

(4) The manufacturer shall train all technicians in a timely manner to ensure the proper installation, servicing, and removal of the device prior to the inspection of the facility. The training of the technician shall include hands-on training by a representative of the manufacturer. Once the technicians are properly trained the manufacturer shall submit a Technician’s Application and a certificate of training to the Ignition Interlock Program by U.S. mail or electronically. The certified technician shall only install and service the approved BAIID at fixed facilities that have been inspected and approved by the Ignition Interlock Program.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.06 but was renumbered 1340-03-06-.07 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.08 BAIID INSTALLATION REQUIREMENTS

(1) A BAIID shall be installed, serviced, and removed in all makes and models of motor vehicles only by technicians who have been certified by the manufacturer of the BAIID in the installation, servicing, and removal of such device.

(2) Under no circumstances will the participant be allowed to watch the installation or removal of the BAIID. Adequate security measures shall be taken to ensure that the installations and removals of BAIIDs shall not be visible to participants.

(3) A reference and problem-solving guide developed by the manufacturer shall be given to the program participant at the time of the installation. This guide shall include information on the correct operation of the BAllD, a twenty-four (24) hour customer service phone number, service procedures, emergency procedures, and how the BAllD detects non-compliance.

(4) Adequate security measures shall be taken to ensure that unauthorized personnel cannot gain access to materials such as tamper proof seals, installation instructions, and files of other BAIID program participants.

(5) The service center is required to inspect all vehicles prior to installation and to determine whether the vehicle is in acceptable mechanical and electrical condition. For reasons of safety, a BAllD will not be installed unless the vehicle is capable of supporting such installation. The service center and the manufacturer shall maintain a log of such inspections.

(6) The service center shall follow all written instructions from the manufacturer for the BAllD installation and removal. Installations shall be executed according to accepted trade standards and the manufacturer’s instructions.

(7) Tamper proof seals should be on every connection and must be proprietary to the manufacturer. A visual inspection should be done during each service visit to affirm that the seals are intact.

(8) Removal of the BAIID shall be carried out so that the ignition may be operated in the same manner as before installation of the BAIID. All severed wires will be permanently soldered and insulated with heat-shrink wrap or its equivalent. Reasonable wear and tear is expected.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.07 but was renumbered 1340-03-06-.08 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.09 ORIENTATION OF PROGRAM PARTICIPANT

(1) The service center shall conduct an orientation on the correct use of the BAllD for the program participant and for any family member or friend who may drive the vehicle. Program participants will be informed of the need to ensure that all vehicle users are adequately trained, which may require a subsequent visit.

(a) The service center shall advise the BAIID participant that residual mouth alcohol is the responsibility of the offender to prevent and avoid.

(b) The service center shall advise the BAIID participant that all breath tests must be performed within view of the camera.

(2) During orientation, the service center shall make the participant aware of the compliancebased removal requirements of T.C.A. § 55-10-425, as well as the Ignition Interlock Program website https://www.tn.gov/safety/ignitioninterlock, where the participant may read the entire compliance-based removal law. The summary of this law provided by the Ignition Interlock Program shall be posted in a conspicuous place at the service center’s office.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.08 but was renumbered 1340-03-06-.09 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.10 PROOF OF INSTALLATION OF A BAIID

(1) Within two (2) working days of installing a BAllD, the manufacturer shall enter the installation in A-List. This notice shall include:

(a) Name (as it appears on the participant’s driver license), date of birth, and driver license number of the Ignition Interlock Program participant;

(b) Vehicle make, model and year, Vehicle Identification Number (VIN), and license plate number of the vehicle in which the BAIID is installed;

(c) BAIID model number and BAIID serial numbers of the handset, camera, and relay; and (d) Next calibration and monitoring check date of the BAIID.

(2) If the participant is on supervised probation, the manufacturer will notify Probation of the installation of the BAIID by U.S. mail or electronically.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.09 but was renumbered 1340-03-06-.10 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.11 MONITORING REQUIREMENTS

(1) At the time of servicing or calibration of the BAIID, the technician is required to conduct an inspection to determine if there is evidence of tampering or circumventing the device. The technician should also confirm that the tamper proof seals are intact. A technician shall not conduct a calibration or service any BAIID unless the vehicle is present at the approved facility and is in mechanically operable condition. Participants shall not be allowed to remove or install any component of the BAIID during the time of servicing or calibration.

(2) Within two (2) working days of performing any removal of a device, whether the removal was authorized or unauthorized, the manufacturer shall report the removal in A-List and if applicable also to Probation.

(3) Servicing, inspecting, and monitoring of each BAllD and all of its components shall occur thirty (30) days after the initial installation and at least every thirty (30) days thereafter. The thirty (30) day BAIID calibration schedule is calculated to begin with the date of the previous calibration service. The technician shall only service, calibrate, or remove the BAIID at a service center location within the geographical boundaries of Tennessee or at a location that has been approved by the Ignition Interlock Program.

(4) The manufacturer shall maintain records on every program participant, including the results of every monitoring check. Violations or evidence of non-compliance, and the reasons for such, will be submitted to A-List within forty-eight (48) hours of detection.

(5) Within two (2) working days of performing a monitoring check, the manufacturer shall send the following information by electronic transmission to A-List and, if applicable, to Probation:

(a) BrAC above 0.020%;

(b) Evidence of tampering or circumventing the device;

(d) Failing a random retest;

(e) Removing or causing the removal of the BAIID at any time during the three hundred sixty-five (365) day consecutive day period;

(f) Failing to appear at the BAIID service center when required for calibration, monitoring, or inspection of the device;

(g) Name and driver license number of the participant;

(h) Date of next scheduled monitoring check; and (i) Odometer reading at the end of each monitoring period.

(6) If the use of a BAIID is a bond condition or a requirement of supervised probation, under no circumstance shall a BAIID be removed without authorization from the court or Probation.

This only applies to participants not required to have a BAIID under T.C.A. § 55-10-425 or by the Department.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.10 but was renumbered 1340-03-06-.11 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.12 REPAIR, REPLACEMENT, OR VEHICLE TRANSFER OF A BAIID

(1) The service center or manufacturer shall respond to all service inquiries by phone within one (1) hour of initial contact during normal business hours. Repair or replacement of any BAllD shall be conducted within forty-eight (48) hours of initial contact. The manufacturer shall notify the Ignition Interlock Program of any changes in the BAIID by submitting a transfer report into A-List within forty-eight (48) hours of the changes. The transfer report must include the vehicle year, make, model, VIN, license plate number, and odometer reading, as well as the BAIID’s model number; serial numbers of the handset, relay, and camera; and the next calibration date.

(2) The service center shall be available to answer questions and to troubleshoot any mechanical problems relating to the BAllD in the vehicle, or to repair/replace an inoperable or malfunctioning BAllD during normal business hours.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.11 but was renumbered 1340-03-06-.12 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.13 PROGRAM COMPLIANCE-BASED REMOVAL/NON-COMPLIANCE REPORT

(1) Program Compliance Criteria:

(a) A participant who is required to install and use a functioning BAIID shall be required to maintain the BAIID in working order for a three hundred and sixty-five (365) consecutive day period or for the entire period of the driver license revocation period, whichever is longer. The BAIID cannot be lawfully removed from the vehicle during the required period, except for necessary maintenance, replacement, or repair as determined by the Ignition Interlock Program. If the participant fails to comply with the requirements of T.C.A. § 55-10-425, the entire required period will restart on the date the BAIID is reinstalled and properly functioning.

(b) If a participant fails to appear at the service center when required for the monthly calibration, monitoring, and inspection of the device, the entire required period will restart.

Attempt to start or operate the vehicle with a BrAC in excess of 0.02% (The participant shall not be in violation if a subsequent retest within ten (10) minutes shows a BrAC of two hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same participant performed both tests);
Tamper with or circumvent the BAIID;
Fail to take or skip a random retest;
Fail a random retest with a BrAC in excess of 0.02%;
Remove or cause the BAIID to be removed at any time during the three hundred sixty-five (365) consecutive day period; or 6. Fail to appear at the service center when required for a monthly calibration, monitoring, and inspection of the device.

(2) Successful Certificate of Compliance:

Upon completion of the period for which the participant is required to use a BAIID, the participant shall request that the manufacturer certify that the participant has complied with the conditions for the required period. The manufacturer shall determine whether the participant has complied with the conditions for the required period and either issue a certificate of compliance for the participant or notify the participant of non-compliance and the resulting extension of the BAIID requirement. If the manufacturer determines that the participant has complied with the conditions for the required period it shall upload the certificate of compliance into A-List within three (3) business days from the date of the participant’s last calibration appointment.

(3) Program Non-Compliance:

(a) If the manufacturer notifies the participant that its records indicate the participant has not complied with the conditions of the BAIID during the required period, the participant may either accept the extension of the BAIID requirement or request that the manufacturer reconsider the finding of non-compliance, based on evidence of compliance provided by the participant. If the manufacturer confirms the finding of noncompliance, the participant may either accept the extension of the BAIID requirement or request an administrative compliance review by the Ignition Interlock Program.

(b) A participant may request, in writing, an administrative compliance review by the Ignition Interlock Program, and the participant shall include in the request any evidence of compliance. This request for review must be made within thirty (30) days from the date of notification by the manufacturer of the extension. The Ignition Interlock Program shall review any evidence provided by the participant and the records provided by the manufacturer within thirty (30) days of receiving the request and shall notify the participant and the manufacturer of the Ignition Interlock Program’s determination by mail. If the Ignition Interlock Program determines that the participant has complied for the required period, the manufacturer shall issue a certificate of compliance to the participant. If the Ignition Interlock Program determines that the participant has not complied for the required period, the participant may seek judicial review of the Ignition Interlock Program’s administrative compliance review determination as provided by T. C.A. § 4-5-322.

(4) Compliance-Based Removals:

(a) Prior to lawfully removing the BAIID of a compliance-based program participant, the manufacturer must first receive written authorization from the Ignition Interlock Program. Once the manufacturer receives written authorization from the Ignition Interlock Program for removal of the BAIID, the manufacturer must contact their appropriate service center to authorize the removal of the BAIID from the program participant’s vehicle. The manufacturer may in good faith rely on a participant’s Remove Interlock Restriction Letter issued by the Department.

(b) A participant is required to only operate a vehicle that is equipped with a BAIID until they obtain a valid driver license without the ignition interlock restriction (code 16).

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.12 but was renumbered 1340-03-06-.13 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.14 TOLL OF THE REQUIRED CONSECUTIVE DAY PERIOD

(1) A participant whose vehicle is inoperable due to damage from an accident or other uncontrollable circumstance where the participant’s intoxication was not a proximate cause; or due to repairs based on normal wear and tear of a vehicle, or due to a recall, may request the Ignition Interlock Program toll the required consecutive day period, beginning on the date of the incident that led to the vehicle being inoperable. The participant must submit proof to the manufacturer that the vehicle was involved in a traffic crash, is being repaired, or was rendered inoperable due to some other circumstance beyond the participant’s control.

(2) If the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted. Other proof may consist of, but is not limited to:

(a) A written statement from the insurance company regarding repairs;

(b) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or (c) Other documentation acceptable to the Ignition Interlock Program.

(3) The manufacturer shall forward the request and documentation to the Ignition Interlock Program within five (5) business days of receipt.

(4) The Ignition Interlock Program shall notify the participant and the manufacturer by U.S. mail or electronically, if the tolling period has been granted or denied, and, if denied, the reason for the denial.

(5) At the end of any thirty-day toll period, if no new request has been submitted and granted, then the required consecutive day period shall resume with the participant being required to maintain a BAIID for the period of time that was remaining on the day the tolling period began.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-417, and 55-10-425.
Administrative History: New rule filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.15 FEES

(1) Whenever a participant ordered to install a BAIID pursuant to T.C.A. § 55-10-409 or § 55-10- 417 asserts to the court that the participant is indigent and financially unable to pay for a BAIID, the court shall conduct a full and complete hearing as to the financial ability of the participant to pay for such device and, thereafter, make a finding as to the indigency of such participant. Any participant who has been declared indigent by the court pursuant to T.C.A. § 55-10-419(d), upon providing a copy of the Proof of Indigency Form signed by the judge, shall not be refused service by a manufacturer as long as funds are available in the Electronic Monitoring Indigency Fund (EMIF). The manufacturer shall submit the required documentation to the State Treasury Department to recover the costs associated with the lease, purchase, installation, removal, and maintenance of BAIIDs or with any other cost or fee associated with a BAIID required by this part.

(2) The fees for leasing, buying, monitoring, servicing, installing, and removing the BAllD shall be at a reasonable rate set by the manufacturer.

(3) The fee for installation of a BAIID shall not exceed an hourly rate of seventy-five dollars ($75.00) per hour with a three (3) hour maximum.

(4) Manufacturers shall charge reasonable and customary fees, not to exceed a total of one hundred and twenty-five dollars ($125.00) per month for leasing, monitoring, and maintenance of BAIIDs. If a participant is extended in the program due to non-compliance, the fee for the leasing, monitoring, and maintenance of the BAIID will not exceed five dollars ($5.00) per day or one hundred and twenty-five dollars ($125.00) per month during the extension, whichever is less.

(5) Manufacturers shall charge reasonable and customary fees, not to exceed a total of seventyfive dollars ($75.00), for the removal of the BAIID.

(6) Manufacturers shall charge reasonable and customary fees, not to exceed a total of fifty dollars ($50.00), for resetting a BAIID that is in permanent lockout mode due to five (5) or more violations.

(7) Manufacturers may charge reasonable and customary fees, not to exceed a total of twentyfive dollars ($25.00), for a temporary lockout code.

(8) A manufacturer shall charge an annual administrative fee of twelve dollars and fifty cents ($12.50) to each new BAIID user. This fee will be collected from each participant at the time of the installation of the BAIID and again annually for the duration of the required period. By the fifth (5 th ) day of each month, the manufacturer shall send the Ignition Interlock Program the proceeds from this fee by an ACH transfer and a report of the participants’ names, driver license numbers.

(9) The fee rates shall be posted in a conspicuous place at the service center’s office.

(10) All manufacturers will pay a BAIID certification fee of five dollars ($5.00) per BAIID per month by ACH transfer to the Ignition Interlock Program by the tenth (10 th ) day of each month. The manufacturer will submit a monthly report listing the name, date of birth, and BAIID installation date of all current participants as well as the total BAIID certification fees submitted for the month.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, 55-10-418, 55-10-423, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.13 but was renumbered 1340-03-06-.15 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.16 FINANCIAL RESPONSIBILITY REQUIREMENTS

(1) The manufacturer shall maintain comprehensive general liability insurance in the amount of at least one million dollars ($1,000,000.00) per occurrence with a three million dollar ($3,000,000.00) aggregate total liability that shall cover defects or problems with product design and materials; workmanship during manufacture; and BAIID calibration, installation, use, and removal. The manufacturer shall provide the Ignition Interlock Program written notice forty-fiv e (45) days prior to cancellation, material change, or lapse of the insurance policy.

(2) The service center shall maintain comprehensive general liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) per occurrence with a three hundred thousand dollar ($300,000.00) aggregate total liability that shall cover defects or problems with the BAIID calibration, installation, use, and removal. The manufacturer shall provide the Ignition Interlock Program written notice forty-fiv e (45) days prior to cancellation, material change, or lapse of the insurance policy held by any of its service centers.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.14 but was renumbered 1340-03-06-.16 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; eff ective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.17 LIABILITY

(1) The service center and manufacturer shall protect, save, and hold harmless the State, all State Departments, Agencies, Boards, and Commissions, as well as all officials, employees, agents, and servants of the State of Tennessee (all in their official and individual capacities, both current and former), from any and all claims, demands, expenses, and liability arising out of any omission by the service center or manufacturer in the performance of its duties set forth in the law or these rules.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.15 but was renumbered 1340-03-06-.17 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.18 AUDITS AND INSPECTIONS

(1) Service centers shall be subject to unannounced inspections and reviews of all records and to being temporarily placed out of service, suspension, or revocation of certification, if sufficient cause exists as determined by the Ignition Interlock Program that the service center does not meet the requirements of any applicable law or these rules. The scope of service center inspections can be found on SF-1508 On-Site Inspection and SF-1512 On-Site Interim Inspection.

(2) Service centers shall be subject to an accuracy check on their dry gas and wet bath equipment. The accuracy check by the Ignition Interlock Program will consist of:

(a) Verification that the certification label, lot number, and expiration date are on the dry gas tank;

(b) Verification of the empty wet bath solution bottle’s lot number and expiration date for the current solution being used;

(d) Inspection of the tubing leading from the solution tower to the BAIID for wet bath stations, ensuring:

Maximum length of six (6) inches, 2. No moisture, and 3. Cleanliness;

(e) Verification that the wet bath solution is being changed after a maximum of thirty (30) days or thirty (30) calibrations, whichever comes first (Note: Service centers must maintain a log of the dates when the wet bath solution is changed; the log must also contain the solution lot number, bottle number, and BrAC value);

(f) Verification that the temperature of the wet bath solution is thirty-four (34) degrees Celsius at a quantity of five hundred (500) milliliters; and (g) Verification that the BrAC in the dry gas and wet bath solution is accurate (.005 +/-) according to the manufacturer’s QAP.

(3) If the Ignition Interlock Program finds that the service center is not in compliance at the time of an interim or renewal inspection, a non-compliance fee will be assessed to the service center’s manufacturer. The ACH will transfer all non-compliance fees to the Ignition Interlock Program. The manufacturer will submit a detailed payment report to the Ignition Interlock Program on the day that the non-compliance fees are paid. The report will contain a list of service centers incurring fees and the non-compliance fees associated with each.

(a) If the cause of non-compliance is a minor violation of these rules and is corrected immediately, the manufacturer(s) must pay a non-compliance fee of fifty dollars ($50) for the inspection.

(b) If the cause of non-compliance cannot be immediately corrected, the manufacturer(s) must pay a non-compliance fee of one hundred dollars ($100) to cover the expenses incurred by the Ignition Interlock Program re-inspection.

(4) Failing a facility inspection may delay a service center’s re-inspection for a maximum of thirty (30) days.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.16 but was renumbered 1340-03-06-.18 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.19 DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION

(1) Failure to comply with any requirements set forth in the law or these rules may result in a penalty of being placed temporarily out of service; being assessed a non-compliance fee; or the denial, suspension, or revocation of the service center’s or manufacturer’s certification, which may prevent the service center from installing, inspecting, and/or removing BAIIDs.

Other reasons for denial, suspension, or revocation may include, but are not limited to the following:

(a) Non-compliance with any of the minimum requirements stated in Chapter 1340-03-06;

(b) Providing false or inaccurate information to the Ignition Interlock Program;

(d) Installing devices other than those supplied by the service center’s manufacturer.

(2) If a service center’s or manufacturer’s certification is revoked subsequent to the administrative hearing process, the manufacturer will be responsible for all costs associated with the removal of their BAIIDs. Manufacturers aggrieved by the application of this rule have a right to request a hearing pursuant to Rule 1340-03-06-.20.

(3) If a manufacturer’s certification is revoked, suspended, or canceled for any reason in any other state, the manufacturer shall notify the Ignition Interlock Program within seven (7) days.

(4) Submission of certification fees and non-compliance fees will be the sole responsibility of the manufacturer for their respective service centers. If a manufacturer is more than thirty (30) days delinquent in the payment of any required BAIID administrative, certification, or noncompliance fees listed in Rules 1340-03-06-.03, 1340-03-06-.04, 1340-03-06-.14, 1340-06- 06-.15, or 1340-03-06-.18, the manufacturer’s or service center’s certification will be suspended until there is proof that all of the delinquent fees have been paid.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.17 but was renumbered 1340-03-06-.19 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 fil ed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Tenn. Comp. R. & Regs. 1340-03-06-.20 ADMINISTRATIVE HEARINGS

(1) A manufacturer may request in writing an administrative hearing within ten (10) days of written notification of any suspension, revocation, or denial of certification.

(2) All hearings shall be recorded. A copy of the recording will be provided to the complainant upon receipt of a written request.

(3) Only the Hearing Officer is allowed to ask questions during hearings, and the rules of evidence shall not apply.

(4) The Hearing Officer shall open and preside over each hearing as follows:

(a) Read or permit a member of the Ignition Interlock Program to read the reason for suspension, revocation, or denial of certification;

(b) Permit an attorney to attend and speak and answer questions on behalf of a manufacturer;

(d) Hear the testimony of witnesses, if any;

(e) Ask questions, if deemed appropriate;

(f) Reconvene the hearing within seven (7) working days for other witnesses unable to attend, if deemed appropriate; and (g) Conclude the hearing.

(5) At the conclusion of the hearing, the Hearing Officer shall take the matter under advisement and render a written “Hearing Officer’s Determination” within fifteen (15) working days of the date of the hearing.

(6) Appeal of the Hearing Officer’s Determination:

(a) In the event the manufacturer wishes to appeal the Hearing Officer’s Determination, the party shall file a written appeal with the Administrative Support Bureau Lieutenant Colonel within fifteen (15) working days of the date of the Final Hearing Officer’s Determination.

(b) The Administrative Support Bureau Lieutenant Colonel, acting as the Commissioner’s Designee, shall review the Hearing Officer’s Determination.

Such review shall be solely on the record compiled by the Hearing Officer, which shall include the recording of the hearing and any documentation submitted during the hearing.
The Lieutenant Colonel shall review the record and render a written decision in thirty (30) working days.
Such decision shall be the final decision of the Department.

(6) Any party wishing to appeal the Administrative Support Bureau Lieutenant Colonel’s decision shall have sixty (60) days from the date of the decision to file a Petition for Review in the Chancery Court of Davidson County, pursuant to T.C.A. § 4-5-322.

History

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.18 but was renumbered 1340-03-06-.20 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective May 19, 2020.

Chapter 1340-03-07 Driver Education Courses

Tenn. Comp. R. & Regs. 1340-03-07-.01 PURPOSE

(1) To establish a system for the application, approval, regulation and standardization of Driver Education Courses by the Tennessee Department of Safety.

History

Authority: T.C.A. §§ 4-3-2009 and 55-10-301.
Administrative History: Original rule filed May 13, 2010; effective October 29, 2010. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-07-.02 DEFINITIONS

(1) “Commissioner” shall mean the Commissioner of the Tennessee Department of Safety.

(2) “Department” shall mean the Tennessee Department of Safety.

(3) “Driver Education Course” shall mean a classroom or on-line curriculum of driver safety training consisting of not less than four (4) hours which has been approved by the Department.

(4) “Driver Education Course Instructor” shall mean an individual who is approved by the Department for the purpose of conducting a Driver Education Course.

(5) “Driver Education Course Provider'' shall mean an entity approved by the Department to operate and conduct a Driver Education Course and shall include:

(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 or exceeds all the requirements of T.C.A. § 55- 10-301(b)(1)(C).

(6) “Governmental Employee” shall mean employees and officials of the state of Tennessee and its political subdivisions who are employed as law enforcement employees or officials; probation and parole employees or officials; judicial employees or officials, or correctional employees or officials, including employees and officials of jails and workhouses.

(7) “Immediate Family” shall mean and include the employee's spouse/partner, mother, father, siblings, adult children or maternal and paternal grandparents.

History

Authority: T.C.A. §§ 40-35-302(g) and 55-10-301.
Administrative History: Original rule filed May 13, 2010; effective October 29, 2010. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-07-.03 DRIVER EDUCATION COURSE PROVIDER REQUIREMENTS

(1) An entity which proposes to offer a Driver Education Course must submit an application and all required documentation to the Department. This application can be found at www.tn.gov/safety/driver-services/--driver-education-courses--traffic-schools-.html.

Upon submitting application, a nonrefundable application fee in the amount of one hundred fifty dollars ($150.00) must be mailed to the Department at the address provided at the time of application.

(2) Upon initial approval, the applicant will be provided a Certificate by the Department. The Certificate shall be maintained on file and provided upon request.

(3) A provider will be required to submit an annual renewal application, required documentation and application fee in the amount of fifty dollars ($50.00) through the same process as an original applicant.

(4) A provider must provide a minimum of four (4) hours of classroom or on-line driver safety training which has been determined by the Department to meet or exceed the standards of the American Automobile Association, National Safety Council or other recognized curriculum that has been submitted for review and approved by the Department and which is designed to educate persons committing minor traffic violations and to deter future violations. Such entities may seek the Department directly on any requests to be approved as a provider.

(5) A provider may assess a reasonable fee between fifty dollars ($50.00) or one hundred seventy-five dollars ($175.00) for the Driver Education Course, provided that no person shall be refused admittance for inability to pay. This fee shall apply only to Driver Education Courses that may be required pursuant to T.C.A. § 55-10-301 and shall not apply to any program offered pursuant to the provisions of T.C.A. Title 49, Chapter 1, or to any other driving instruction school.

(6) A provider will issue a certificate of completion to each student who has successfully completed the Driver Education Course. Such certificate shall have thereon the student's full name, driver license number, date of birth, course name, hours completed and the Driver Education Course Provider's name and address.

(7) No governmental employee or the employee's immediate family shall have a direct or indirect personal interest in a private entity that provides a Driver Education Course and shall not receive anything of value in an individual capacity from the private entity.

(8) A provider must comply with or exceed the minimum standards set forth herein.

(9) A provider must only use Instructors who meet the qualifications set forth herein.

(10) A provider must maintain the following records for a period of three (3) years and ensure that such records are available for inspection by the Department during business hours:

(a) A roster of each class, listing the course name, location, Instructor's full name, student names, driver license numbers and date of birth.

(b) A receipt for each student stating the student's full name, driver license number and amount paid.

(c) A list of students who have successfully completed the Driver Education Course, with each student's full name, driver license number, date of birth, course name and class location.

(d) Course material, which shall include the most recent material to teach crash prevention, and safe and defensive driving.

(e) Any other records that may be required by the Department.

(11) A provider must ensure compliance with all Department rules and regulations.

(12) A provider must update any change(s) in information on the application or any change in ownership or Instructors through the Department’s online portal within seven (7) business days.

(13) A provider must be open for periodic on-site inspection by the Department, with or without notice.

(14) A provider shall not hire any person as an Instructor or otherwise who is an employee of the Department.

(15) A provider shall comply with the requirements of the Americans with Disabilities Act.

History

Authority: T.C.A. §§ 40-35-302(g) and 55-10-301.
Administrative History: Original rule filed May 13, 2010; effective October 29, 2010. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-07-.04 DRIVER EDUCATION COURSE INSTRUCTOR REQUIREMENTS

(1) Driver Education Course Instructors must:

(a) Be at least twenty-one (21) years of age;

(b) Submit documentation verifying applicant possesses a high school diploma or a General Education Diploma;

(c) Have and maintain a valid driver license that has not been revoked, suspended or cancelled for any reason in the three (3) years preceding the date of hire;

(d) Submit a Tennessee Bureau of Investigations TORIS criminal history report verifying applicant has no conviction for a felony or any crime involving violence, dishonesty, deceit, fraud, or indecency. Active Law Enforcement Officers may submit documentation from employer that a criminal history check was conducted at the time of employment. Documentation must be on the agency’s letterhead;

(e) Not be an employee of the Department;

(f) Submit documentation that applicant has successfully completed a Driver Education Instructor's Development Course operated by:

The American Automobile Association;
National Safety Council;
Current law enforcement POST certification obtained within 12 months of application (for active law enforcement officers only); or 4. Another certified Instructor Development Course submitted and determined by the Department to meet or exceed the standards of the American Automobile Association or National Safety Council. Such entities may seek the Department directly on any requests to be approved as a provider; and, (g) The Instructor shall maintain current certification on file with the department through the online portal.

(2) No governmental employee or the employee's immediate family shall have a direct or indirect personal interest in a private entity that provides a Driver Education Course and shall not receive anything of value in an individual capacity from the private entity.

History

Authority: T.C.A. §§ 40-35-302(g) and 55-10-301.
Administrative History: Original rule filed May 13, 2010; effective October 29, 2010. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-07-.05 DENIAL, REVOCATION OR SUSPENSION

(1) The Department may deny, revoke or suspend a Driver Education Course Provider or Instructor for any violation of the law, rules or regulations relating to the operation of a Driver Education Course.

(2) The Department may deny, revoke or suspend the Driver Education Course Provider or Instructor for actions including, but not limited to, the following:

(a) Conviction of a Provider or Instructor for a felony or any crime involving violence, dishonesty, deceit, fraud or indecency.

(b) Knowingly presenting false or misleading information to the Department.

(c) Failure or refusal to permit the Department to inspect, audit or investigate the Driver Education Course Provider's premises, the Driver Education Course instruction records, financial records, etc.

(d) Failure to submit the application with supporting documentation and/or the required fees within the prescribed time limit.

(e) Failure to maintain Department approved standards in instruction, equipment or facilities.

(f) The presence of alcoholic beverages or narcotic drugs on the premises.

(g) The presence of any type of weapon on the premises, except a weapon carried by a commissioned law enforcement officer or an individual with an authorized and valid carry permit.

History

Authority: T.C.A. §§ 40-35-302(g) and 55-10-301.
Administrative History: Original rule filed May 13, 2010; effective October 29, 2010. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-03-07-.06 HEARINGS

(1) Any Provider or Instructor of a Driver Education Course who has been denied, revoked or suspended shall have the right to request a hearing in writing within thirty (30) days of the date of written notification of such action.

(2) The hearing shall be before the Commissioner or the Commissioner's designee and held in accordance with the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq.

History

Authority: T.C.A. §§ 4-5-101, et seq., and 55-10-301.
Administrative History: Original rule filed May 13, 2010; effective October 29, 2010. Amendments filed June 9, 2023; effective September 7, 2023.

Chapter 1340-03-08 P25 Interoperable Communications System (Tennessee Advanced Communications Network [TACN])

Tenn. Comp. R. & Regs. 1340-03-08-.01 PURPOSE

To establish procedures and rules for constructing, operating, maintaining, enhancing, accessing, and collecting fees for the P25 Interoperable Communications System, also known as the Tennessee Advanced Communications Network (TACN).

History

Authority: T.C.A. §§ 4-3-2009 and 4-3-2018.
Administrative History: Original rule filed January 29, 2016; effective April 28, 2016.

Tenn. Comp. R. & Regs. 1340-03-08-.02 DEFINITIONS

(1) "Commissioner" means the Commissioner of the Department of Safety and Homeland Security.

(2) "Contact" means an agreement between the TACN User and the Department to facilitate participation in the TACN.

(3) "Department" means the Department of Safety and Homeland Security acting directly or through its duly authorized officers and agents and shall be the governing authority over the TACN.

(4) "Director" means the Wireless Communications Director appointed by the Commissioner. The Director shall have the authority on day-to-day operational decisions for the TACN.

Additionally, the Director will be responsible for the approval of requests for use of the TACN and management of the TACN Contracts.

(5) "Fees" mean the amount contributed for constructing, operating, maintaining, enhancing, and establishing access to the TACN.

(6) "STS" means Strategic Technology Solutions, a division within the Department of Finance and Administration acting directly or through its duly authorized officers and agents to provide direction, planning, resources, execution, and coordination in managing the information systems needs of the State of Tennessee. STS was formerly known as OIR, the Tennessee Department of Finance and Administration's Office for Information Resources.

(7) "TACN" means the Tennessee Advanced Communications Network that is the P25 Interoperable Communications System.

( 8) “TACN Advisory Committee" means the Tennessee Advanced Communication Network Advisory Committee and is composed of Commissioners or their designees from the Department, TDOC, TDOT, the Chief Information Officer of STS, the Director of TEMA, a April, 2016 2 representative from the TVRCS, and at least one TACN User representative from each of the following local government disciplines: law enforcement, fire, emergency medical services, and emergency management agencies. The TACN Advisory Committee advises on the management and operation of the TACN. The Commissioner or his designee shall be the chair of the Committee and shall have the discretion to select TACN User representatives, add additional members, and establish working subcommittees.

(9) “TACN Site" means any State of Tennessee owned or leased property where the Department has constructed a building and/or tower for the TACN.

(10) “TACN User'' means a Director-approved entity that enters into a Contract with the Department for the purpose of participating in the TACN.

(11) “TDOC” means the Tennessee Department of Correction acting directly or through its duly authorized officers and agents.

(12) “TDOT” means the Tennessee Department of Transportation acting directly or through its duly authorized officers and agents.

(13) “TEMA” means the Tennessee Emergency Management Agency acting directly or through its duly authorized officers and agents.

(14) “TVRCS” means the Tennessee Valley Regional Communications System acting directly or through its duly authorized officers and agents.

History

Authority: T.C.A. §§ 4-3-2009 and 4-3-2018.
Administrative History: Original rule filed January 29, 2016; effective April 28, 2016.

Tenn. Comp. R. & Regs. 1340-03-08-.03 TACN PARTICIPATION

(1) A potential TACN User must submit a written request for participation in TACN to the Director.

(2) The request shall be reviewed by the Director and if approved, a Contract shall be sent either electronically or by U.S. Mail to the potential TACN User by the Department.

(3) A Contract will be prepared using the Department of General Services' Central Procurement Office's templates in effect at the time of the request. Any contract negotiations shall be conducted in accordance with Tennessee procurement laws, rules, policies, and procedures.

(4) A Contract shall be fully executed in accordance with the Tennessee procurement process prior to any use of the TACN.

History

Authority: T.C.A. §§ 4-3-2009 and 4-3-2018.
Administrative History: Original rule filed January 29, 2016; effective April 28, 2016.

Tenn. Comp. R. & Regs. 1340-03-08-.04 FEES

(1) The Department shall have exclusive authority for constructing, operating, maintaining, enhancing, establishing access to, and the collection of fees for, the TACN.

(2) A Contract shall set forth the fees to be collected by the Department.

(3) Any assessments collected by the Department pursuant to these Rules shall be expendable receipts of the Department for use in maintaining the TACN.

April, 2016 3

History

Authority: T.C.A. §§ 4-3-2009 and 4-3-2018.
Administrative History: Original rule filed January 29, 2016; effective April 28, 2016.

Tenn. Comp. R. & Regs. 1340-03-08-.05 AUTHORIZATION

(1) Tennessee Code Annotated (T.C.A.) § 4-3-2009 authorizes the Commissioner to establish and to promulgate rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Commissioner and that are not inconsistent with the laws of Tennessee. T.C.A. § 4-3-2018 authorizes the Department to promulgate rules and regulations regarding access to the statewide P25 interoperable communications system, including the authority to collect, by rules or regulations, assessments for the use and/or maintenance of the system. Any other Rule or Rules by other agencies that attempt to govern radio or communication systems that conflict with the T ACN Rules shall be superseded and the Department's Rules governing the TACN and the TACN Site shall have precedence.

(2) The Commissioner shall have the authority to waive any and all of the Rules of this section as necessary to maintain the integrity and interoperability of the P25 Interoperable Communications system known as the TACN.

History

Authority: T.C.A. §§ 4-3-2009 and 4-3-2018.
Administrative History: Original rule filed January 29, 2016; effective April 28, 2016.

Chapter 1340-03-09 Tennessee School Bus Specifications

Tenn. Comp. R. & Regs. 1340-03-09-.01 MINIMUM STANDARDS FOR SCHOOL BUSES

(1) All school buses purchased by a county, local school system, charter school, or private contractor shall meet the National School Transportation Specifications and Procedures (NSTSP), as well as the Tennessee Minimum School Bus Standards Addendum approved by the Tennessee Commissioner of Safety and all applicable federal motor vehicle safety standards.

(2) Use of a fifteen (15) passenger van, defined as a vehicle that seats ten to fourteen (10–14) passengers not including the driver, to transport students is prohibited.

History

Authority: T.C.A. §§ 4-3-2009 and 49-6-2109.
Administrative History: New rules filed February 24, 2026; effective May 25, 2026.

Tenn. Comp. R. & Regs. 1340-03-09-.02 OPERATION OF SCHOOL BUSES IN TENNESSEE

(1) Records and Reports. Each director of schools shall keep records of transportation costs and the number of pupils transported on a monthly basis and shall make such reports as required by the Commissioner of Education.

(2) Insurance.

(a) Pursuant to T.C.A. § 49-6-2111, no school bus shall be operated to transport pupils to and from school unless the school bus is insured for liability and property damage.

Minimum liability and property damage coverage shall be no less than the amount specified in the table below:

Coverage Type Coverage Amount Limit for bodily injuries to, or death of, one (1) person $100,000 Limit of bodily injuries to, or death of, all persons injured or killed in one (1) accident (subject to a maximum of $100,000 for bodily injuries to, or death of, one (1) person) $300,000 Limit for loss or damage in any accident to property of others (including occupants) $50,000 (b) In the event that the local board of education (or the governmental entity with liability under the Governmental Tort Liability Act of 1973, as amended, T.C.A. §§ 29-20-101 et seq.) is unable to purchase insurance to cover its obligations hereunder, except through an assigned risk pool, then the limits of liability in the three (3) preceding categories shall be $20,000/$40,000/$10,000 respectively. If insurance is not purchased through an May, 2026 2 assigned risk pool or if the board of education or governmental entity elects to self-insure, then the greater limits of $100,000/$300,000/$50,000 shall apply.

(3) School bus crashes shall be reported to the Department of Education, in the following manner:

(a) Pupil injury and/or fatal crashes: By telephone within twenty-four (24) hours of the accident and by written report within ten (10) days on the Department of Educationprovided School Bus Accident Report Form.

(b) Property damage crashes: At the end of the school year on the Annual Pupil Transportation Report.

(4) The Commissioner of Safety, or designee, shall annually inspect each school bus that transports school children and has been in use for fifteen (15) years or less from the in-service date. The in-service date is the date of the first Department of Safety inspection. Years of service are calculated from the in-service date. For a school bus that is purchased used, the school district must provide the original title or the body build date which will be used as the inservice date due to the lack of a prior Department of Safety inspection. The annual bus inspection calendar, for purposes designated by the Tennessee Department of Safety, is defined as beginning August 1st of each year and ending on the following July 31st.

(5) Approved buses are identified as:

(a) Type C conventional buses with eighteen (18) years or less of service. After fifteen (15) years of service, twice annual inspections are required from the Commissioner of Safety or designee;

(b) Type D transit buses with eighteen (18) or less years of service. After fifteen (15) years of service, twice annual inspections are required from the Commissioner of Safety or designee;

(c) Type C conventional and Type D transit buses with less than two hundred thousand (200,000) miles of recorded travel and more than eighteen (18) years of service, provided that the Commissioner of Safety has approved the additional years of service beyond the eighteenth year. The Commissioner of Safety, through the inspection process, may approve additional years of service beyond the eighteenth year from the in-service date for Type C conventional and Type D transit buses on a year-to-year basis. The owner of a bus may receive approval for additional years of service beyond the eighteenth year only if any Type C conventional or Type D school bus being operated in the eighteenth year or beyond has less than two hundred thousand (200,000) miles of recorded travel; provided, however, that after the bus reaches two hundred thousand (200,000) miles of recorded travel, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year, and, at the conclusion of the school year, the owner shall replace the bus. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner of the bus shall notify the Department of Safety in writing, via certified mail, that the bus has reached two hundred thousand (200,000) miles of recorded travel. The owner shall immediately notify the Department of Safety when the bus reaches the mileage limit, requiring discontinuance; and (d) Type A buses with fifteen (15) years or less of service. The Department of Safety shall permit the use of Type A school buses for a period of fifteen (15) years of service. If a Type A school bus reaches the fifteenth year of service, requiring discontinuance of its use, during the school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner May, 2026 3 of the bus shall immediately notify the Department of Safety in writing, via certified mail, when the bus reaches the fifteenth year, requiring discontinuance.

(6) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years.

(a) The two (2) year period of service shall start on the date of the first Department of Safety inspection.

(b) The two (2) year period of service shall equal twenty-four (24) months.

(7) Commercial advertising may be displayed on the exterior or interior of school buses as follows:

(a) Commercial advertising on the exterior of a school bus shall be permitted only on the rear quarter panels of the school bus; no more than two (2) advertisements per rear quarter panel shall be permitted.

(b) The size of commercial advertising per quarter panel shall not exceed thirty-six inches (36”) in height and ninety inches (90”) in length, including any border or framing.

Tobacco or alcohol products;
Political campaign advertising; or 3. Individual food items that cannot be sold to students through vending machines pursuant to T.C.A. § 49-6-2306.

(d) Commercial advertising shall not cover any structural or sheet metal damage or any alterations made to the school bus that could impede the inspection process.

(e) The local board of education shall adopt a policy to regulate commercial advertising on school buses. Such policy shall address the following minimum standards:

Cost of the commercial advertising;
Designation of the individual(s) with the authority to sell and approve commercial advertising;
Definition of appropriate commercial advertising;
Specification of how the advertising will be attached, if not painted, on the school bus; and 5. Issues relating to contracts with independent contractors.

(i) All contracts for commercial advertising must comply with local board of education policy.

(ii) Contracts with independent bus owners must indicate how the revenue from the commercial advertising will be allocated.

May, 2026 4 (8) In compliance with Tenn. Code Ann. § 49-1-201, the Department of Education shall report annually on school bus accidents to the State Board of Education and to the State Department of Safety, Pupil Transportation Division.

(9) A school bus shall not transport more students than the manufacturer’s rated capacity.

History

Authority: T.C.A. §§ 4-3-2009 and 49-6-2109.
Administrative History: New rules filed February 24, 2026; effective May 25, 2026.

Tenn. Comp. R. & Regs. 1340-03-09-.03 TENNESSEE MINIMUM SCHOOL BUS SPECIFICATION ADDENDUM

(1) School buses shall be equipped with a crossing control arm mounted on the right side of the front bumper. When opened, this arm shall extend in a line parallel to the body side and aligned with the right front wheel.

(2) The district, company name, or owner of the bus must be displayed at the beltline. Lettering should be no less than five and one-half inches (5.5”) and no more than six inches (6.0”) in height and shall consist of capital block lettering in the color black.

(3) The bus identification number displayed on the sides, rear, and front of the vehicle shall be in capital block lettering in the color black. Buses shall end the number sequence, on all four sides of the bus, with the following lettering to coincide with the fuel source as following:

(a) C = Compressed Natural Gas (CNG)

(b) D = Diesel (c) E = Electric (d) G = Gasoline (e) P = Propane

History

Authority: T.C.A. §§ 4-3-2009 and 49-6-2109.
Administrative History: New rules filed February 24, 2026; effective May 25, 2026.

Chapter 1340-04 Reserved

Tenn. Comp. R. & Regs. 1340-04 Reserved

RULES

OF THE

TENNESSEE DEPARTMENT OF SAFETY

ADMINISTRATIVE DIVISION -- 1 of 1 --

Chapter 1340-05 Transferred to 1320-08

Tenn. Comp. R. & Regs. 1340-05 Transferred to 1320-08

RULES

OF DEPARTMENT OF SAFETY

Chapter 1340-5 has been transferred and renamed chapter 1320-8 under Executive Order Number 36 dated April 19, 2006. -- 1 of 1 --

Chapter 1340-06-01 Rules and Regulations as to Supervision and Control of Motor Vehicles and Motor Buses

Tenn. Comp. R. & Regs. 1340-06-01-.01 FREIGHT CARRIERS NOT TO CARRY PASSENGERS

(1) Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any commercial motor vehicle other than a bus.

When such authorization is issued, it shall state the name of the person to be transported, the points where the transportation is to begin and end, and the date upon which such

authority expires. No written authorization, however, shall be necessary for the transportation of:

(a) Employees or other persons assigned to a commercial motor vehicle by a motor carrier;

(b) Any person transported when aid is being rendered in case of an accident or other emergency; or (c) An attendant delegated to care for livestock.

(2) This section shall not apply to the operation of commercial motor vehicles controlled and operated by any farmer and used in the transportation of agricultural commodities or products thereof from his/her farm or in the transportation of supplies to his/her farm.

History

Authority: T.C.A. §§ 65-15-106 and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.01 was transferred from rule 1220-02-01-.01 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.02 INSURANCE

(1) No motor carrier subject to the provisions of T.C.A. §§ 65-15-101 et seq., shall engage in transportation of passengers or property for compensation, and no certificate or permit shall be issued to a motor carrier, or shall remain in force, unless and until there shall have been filed with and approved by the Commissioner of Safety and Homeland Security for intrastate commerce or the United States Department of Transportation for interstate commerce a policy of insurance (or certificate of insurance in lieu thereof), or a surety bond in not less than the amounts hereinafter prescribed, conditioned to pay, within the amount of such policy of insurance (or certificate of insurance in lieu thereof), or surety bond, any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, for loss or damage to property of others; nor shall any common carrier by motor vehicle subject to the provisions of said Act engage in the transportation of property for compensation, nor shall any certificate be issued to such carrier, nor remain in force, unless and until there shall have been filed with and approved by the Commissioner of Safety and Homeland Security a policy of insurance written on a continuous basis, (or certificate of insurance in lieu thereof) or a surety bond in not less than the amounts hereinafter prescribed, conditioned upon such carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carrier in connection with its transportation service. Thirty (30) days notice of cancellation of any insurance policy must be given to the Commissioner of Safety and Homeland Security in writing.

(2) No person shall operate a motor vehicle transporting hazardous materials, hazardous substances, and/or hazardous wastes as defined in 49 C.F.R. § 171.8, unless and until there shall have been filed with and approved by the Commissioner of Safety and Homeland Security evidence of a bodily injury and property damage endorsement or surety bond meeting the minimum limits hereinafter prescribed in Rule 1340-06-01-.07.

(3) In the interest of public convenience, it is the opinion of the Commissioner of Safety and Homeland Security that the Insurance and Surety Bond forms prescribed by the FMCSA for motor carriers operating in interstate commerce should apply to all motor carriers subject to the jurisdiction of the Commissioner, whether such carriers are operating solely in interstate commerce, solely in intrastate commerce, or in interstate and intrastate commerce.

History

Authority: T.C.A. §§ 65-15-106, 65-15-110, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Amendment filed March 17, 1977; effective April 18, 1977. Amendment filed October 20, 1983; effective January 16, 1984. Rule 1340-06-01-.02 was transferred from rule 1220-02- 01-.02 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.03 SCHEDULE OF LIMITS

(1) The minimum amounts referred to in Rule 1340-06-01-.06 are hereby prescribed as follows:

Property Carriers Commodity Transported Limits For-Hire (in interstate, intrastate, or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds)

Property (nonhazardous) $750,000 For-Hire and Private (in interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds)

Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hoppertype vehicles with capacities in bulk; in bulk Division 1.1, 1.2 or 1.3 materials; Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2 material; or highway route controlled $5,000,000 (2) Passenger Carriers (a) Any vehicle with a seating capacity of 16 passengers or more, including the driver: $5,000,000 (b) Any vehicle with a seating capacity of 15 passengers or less, including the driver: $1,500,000 (3) Motor Common Carriers (intrastate only) - Cargo liability security required for loss or damage to property belonging to shippers or consignees and coming into the possession of motor carriers in connection with their transportation service:

(a) For loss or damage to property carried on any one motor vehicle: $5,000.

(b) For loss of or damage to or aggregate of losses or damages of or to property occurring at any one time and place: $10,000.

History

Authority: T.C.A. §§ 65-15-105, 65-15-110, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.03 was transferred from rule 1220-02-01-.03 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.04 ADOPTION OF DEPARTMENT OF TRANSPORTATION SAFETY REGULATIONS

(1) The Commissioner of Safety and Homeland Security hereby adopts the interstate motor carrier noise emission standards, federal motor carrier safety regulations, and all subsequent amendments thereto, promulgated, approved, and adopted by the United States Department of Transportation contained in Title 49 of the Code of Federal Regulations, Subtitle B,

Chapter III, Sub-Chapters A and B, except for 49 C.F.R. § 391.11(b)(1) for Intrastate motor carriers and 49 C.F.R. § 398. quantities of a Class 7 material, as defined in 49 CFR 173.403 For-Hire and Private (in interstate, intrastate, or foreign commerce, in any quantity; with a gross vehicle weight rating of 10,001 or more pounds)

Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (b) above or (d) below $1,000,000 For-Hire and Private (in interstate, intrastate, or foreign commerce, with a gross vehicle weight rating of less than 10,001 pounds)

In bulk Division 1.1, 1.2, or 1.3 material; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403 $5,000,000 Motor Carrier and Contract Hauler with a gross vehicle weight rating of less than 10,001 pounds Property $300,000 (2) The Commissioner of Safety and Homeland Security may authorize any officer or agent of the Department of Safety and Homeland Security to:

(a) Enter, inspect, and examine all transportation safety related documents and documents required by T.C.A. Chapter 65 Part 15 and Rules Ch. 1340-06-01, such as all records and information pertaining to any accident, driver’s records of duty status, bills of lading, shipping records, driver time and payroll records, driver qualification records, vehicle maintenance records, electronic records, other supporting documents and equipment for inspection or copying during regular business hours of any person or Motor Carrier, to the extent those records or properties relate to this Chapter and the transportation of hazardous materials, freight, or passengers; and (b) Stop and inspect any transport vehicle or part thereof for any violation of this Chapter or any regulation issued pursuant thereto.

(c) Upon request of the owner or operator, the officer or agent shall display a valid Tennessee Department of Safety and Homeland Security identification card.

(3) Out-of-Service Criteria and Sticker. The Tennessee Highway Patrol will follow the procedures as outlined in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA).

(a) If a commercial motor vehicle is operated in violation of any safety regulation or requirement listed in the CVSA Out-of-Service Criteria, an officer of the Tennessee Highway Patrol shall place the commercial motor vehicle/commercial motor vehicle operator out-of-service and is authorized to affix to the vehicle a notice indicating the nature of the violation and requiring its correction before the commercial motor vehicle is further operated.

(b) Refusal of the vehicle operator to grant permission for a law enforcement officer or inspector to conduct a safety inspection of the vehicle shall be cause for the officer or inspector to place the vehicle out-of-service.

(c) Refusal of the commercial motor vehicle driver to grant permission for a law enforcement officer or inspector to conduct a safety inspection regarding the driver himself shall be cause for the officer or inspector to place the driver out-of-service until permission is granted.

History

Authority: T.C.A. §§ 65-15-106 and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.04 was transferred from rule 1220-02-01-.04 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.05 TRANSPORTATION OF HAZARDOUS MATERIALS

The Commissioner of Safety and Homeland Security hereby adopts the rules and regulations and any amendments, supplements or revisions thereto contained in 49 C.F.R. §§ 107 and 171 through 180.

History

Authority: T.C.A. §§ 65-15-106 and 65-15-111.
Administrative History: Original rule certified May 9, 1974. Amendment filed July 11, 1985; effective August 10, 1985. Rule 1340-06-01-.05 was transferred from rule 1220-02-01-.05 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.06 IDENTIFICATION OF INTRASTATE CARRIERS

(1) Every carrier operating solely in intrastate commerce and subject to the jurisdiction of the Commissioner of Safety and Homeland Security shall have displayed on the side of each vehicle the following information:

(a) The declared maximum gross weight, including motor vehicle and load;

(b) The name or trade name and address of the motor carrier under whose authority the vehicle is being operated; and (c) An identifying company number of the vehicle if the carrier operates more than one vehicle.

History

Authority: T.C.A. §§ 65-15-106 and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.06 was transferred from rule 1220-02-01-.06 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 17, 2011; effective through February 12, 2011. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.07 ROUTING OF HAZARDOUS MATERIAL VEHICLES IN KNOX COUNTY,

TENNESSEE.

(1) No person shall drive or cause to be driven a motor vehicle carrying a placardable quantity of hazardous material as specified in Title 49 of the Code of Federal Regulations §§ 172.500 through 172.558 along or upon Interstate 40 or Interstate 275 in Knox County, Tennessee between the intersection of said interstates with Interstate 640 on the west, north or east.

This prohibition shall not apply to the following:

(a) To motor vehicles which have shipments originating at or destined to the City of Knoxville and to service points on U.S. Highway 129 Blount County as verified by appropriate shipping papers.

(b) To motor vehicles which have shipments to be interlined with other carries or which have shipments transferred to other motor vehicles or aircraft of the same carrier at facilities located in the City of Knoxville or service points on U.S. Highway 129 in Blount County.

(c) To motor vehicles which need emergency repairs or warranty work performed at authorized dealers or repair facilities as may be verified by a physical inspection of the vehicle, by warranty papers in the vehicle, or by other means of verification used by the investigating officer.

History

Authority: T.C.A. §§ 65-15-106 and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.07 was transferred from rule 1220-02-01-.07 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.08 LIGHTING REQUIREMENTS FOR STOPPING AND STANDING SOLID WASTE

VEHICLES.

(1) The term “solid waste vehicle” as used in this rule shall mean solid waste vehicles as defined in T.C.A. § 55-8-101.

(2) This rule applies to solid waste vehicles which are:

(a) Operating for the sole purpose of collecting municipal solid waste as defined in T.C.A. § 68-211-802(a)(10) or recyclable materials; and:

(b) Stopping or standing on a paved or improved main traveled portion of a road, street or highway.

(3) The solid waste vehicles described in paragraphs (1) and (2) of this rule shall be required to do the following:

(a) Maintain flashing hazard lights at all times while the vehicle is stopped or standing; and (b) Maintain amber lights meeting SAE color standards which may be rotating, flashing, or oscillating and which shall be mounted at the extreme front on the highest point of the cab of the vehicle and on the highest location on the extreme rear of the vehicle which assures the required visibility and which does not interfere with the collecting functions and equipment of the vehicle; and (c) Assure that the vehicle is stopped so that all lights are visible from a distance of two hundred (200) feet in either direction upon the highway or road without manmade or natural obstruction.

History

Authority: T.C.A. §§ 55-8-158, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.08 was transferred from rule 1220-02-01-.08 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.09 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.09 was transferred from rule 1220-02-01-.09 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.55 REPEALED

History

Authority: T.C.A. §§ 55-4-101 and 614-14-11.
Administrative History: Original rule filed January 31, 1994; effective April 16, 1994. Rule 1340-06-01-.55 was transferred from rule 1220-02-01-.55 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.10 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.10 was transferred from rule 1220-02-01-.10 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.11 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Amendment filed June 24, 1986; effective September 13, 1986. Rule 1340-06-01-.11 was transferred from rule 1220-02-01-.11 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.12 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Amendment filed June 24, 1986; effective September 13, 1986. Rule 1340-06-01-.12 was transferred from rule 1220-02-01-.12 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.13 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.13 was transferred from rule 1220-02-01-.13 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.14 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-111.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.14 was transferred from rule 1220-02-01-.14 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2912; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed May 27, 2021; effective August 25, 2021. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.15 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.15 was transferred from rule 1220-02-01-.15 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.16 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.16 was transferred from rule 1220-02-01-.16 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.17 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.17 was transferred from rule 1220-02-01-.17 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.18 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Amendment filed February 28, 1992; effective April 29, 1992. Rule 1340-06-01-.18 was transferred from rule 1220-02-01-.18 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.19 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-104, 65-15-106, 65-15-111, and 65-15-122.
Administrative History: Original rule certified May 9, 1974. Amendment filed June 24, 1986; effective September 13, 1986. Amendment filed January 28, 1992; effective April 29, 1992. Rule 1340-06-01-.19 was transferred from rule 1220-02-01-.19 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed May 27, 2021; effective August 25, 2021. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.20 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Amendment filed June 24, 1986; effective September 13, 1986. Rule 1340-06-01-.20 was transferred from rule 1220-02-01-.20 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.21 REPEALED

History

Authority: T.C.A. §§ 4-3-2012 and 65-2-102.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.21 was transferred from rule 1220-02-01-.21 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.22 REPEALED

History

Authority: T.C.A. §§ 4-3-2012, 55-8-158, 65-15-106, and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Amendment filed April 28, 1975; effective May 28, 1975. Amendment and new rule filed March 17, 1980; effective May 1, 1980. Rule 1340-06-01-.22 was transferred from rule 1220-02- 01-.22 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.23 REPEALED

History

Authority: T.C.A. §§ 4-3-2012; 55-4-101, et seq.; 65-15-106; and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.23 was transferred from rule 1220-02-01-.23 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.24 REPEALED

History

Authority: T.C.A. §§ 4-3-2012; 55-4-101, et seq.; 65-15-106; and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-010-.24 was transferred from rule 1220-02-01-.24 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.25 REPEALED

History

Authority: T.C.A. §§ 4-3-2012; 55-4-101, et seq.; 65-15-106; 65-15-113; and 65-15-122.
Administrative History: Original rule certified May 9, 1974. Amendment filed January 28, 1992; effective April 29, 1992. Rule 1340-06-01-.25 was transferred from Rule 1220-02-01-.25 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.26 was transferred from rule 1220-02-01-.26 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003.

Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.27 REPEALED

History

Authority: T.C.A. §§ 4-3-2012; 55-4-101, et seq.; 65-15-113; and 65-15-122.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.27 was transferred from Chapter 1220-02-01-.27 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2012; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.28 REPEALED

History

Authority: T.C.A. §§ 4-3-2012; 55-4-101, et seq.; 65-15-106; and 65-15-113.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06-01-.28 was transferred from rule 1220-02-01-.28 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Repeal filed December 9, 2025; effective March 9, 2026.

Tenn. Comp. R. & Regs. 1340-06-01-.29 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.29 was transferred from rule 1220-02-01-.29 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.30 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Amendment filed April 28, 1975; effective May 28, 1975. Rule 1340-06-01-.30 was transferred from rule 1220-02-01- .30 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.31 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.31 was transferred from rule 1220-02-01-.31 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.32 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.32 was transferred from rule 1220-02-01-.32 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.33 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.33 was transferred from rule 1220-02-01-.33 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.34 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.34 was transferred from rule 1220-02-01-.34 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.35 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.35 was transferred from rule 1220-02-01-.35 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.36 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.36 was transferred from rule 1220-02-01-.36 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.37 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.37 was transferred from rule 1220-02-01-.37 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.38 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule filed January 20, 1977; effective February 19, 1977. Rule 1340-06-01-.38 was transferred from rule 1220-02-01-.38 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.39 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.39 was transferred from rule 1220-02-01-.39 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.40 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.40 was transferred from rule 1220-02-01-.40 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.41 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.41 was transferred from rule 1220-02-01-.41 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.42 REPEALED

History

Authority: T.C.A. § 65-202.
Administrative History: Original rule certified May 9, 1974. Rule 1340-06- 01-.42 was transferred from rule 1220-02-01-.42 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.43 REPEALED

History

Authority: T.C.A. §§ 65-2-102 and 65-15-101, et seq.
Administrative History: Original rule filed June 6, 1979; effective July 23, 1979. Rule 1340-06-01-.43 was transferred from rule 1220-02-01-.43 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.44 REPEALED

History

Authority: T.C.A. §§ 65-2-102, 65-15-104, and 65-15-106.
Administrative History: Original rule filed September 25, 1984; effective October 25, 1984. Rule 1340-06-01-.44 was transferred from rule 1220-02- 01-.44 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.45 was transferred from rule 1220-02-01-.45 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003.

Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.46 REPEALED

History

Authority: T.C.A. §§ 65-15-104, 65-15-113, and 65-15-122.
Administrative History: Original rule filed November 10, 1986; effective December 25, 1986. Amendment filed February 29, 1988; effective May 29, 1988. Rule 1340-06-01-.46 was transferred from rule 1220-02-01-.46 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.47 REPEALED

History

Authority: T.C.A. §§ 65-2-102(2) and 65-15-113.
Administrative History: Original rule filed March 31, 1987; effective May 15, 1987. Rule 1340-06-01-.47 was transferred from rule 1220-02-01-.47 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.48 REPEALED

Administrative History: Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.49 REPEALED

History

Authority: T.C.A. §§ 55-8-158, 65-15-101, and 65-15-113.
Administrative History: Original rule filed March 28, 1995; effective June 13, 1995. Rule 1340-06-01-.49 was transferred from rule 1220-02-01-.49 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.50 REPEALED

History

Authority: T.C.A. §§ 55-4-101 and 65-15-113.
Administrative History: Original rule filed January 31, 1994; effective April 16, 1994. Rule 1340-06-01-.50 was transferred from rule 1220-02-01-.50 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.51 REPEALED

History

Authority: T.C.A. §§ 55-4-101 and 65-15-113.
Administrative History: Original rule filed January 31, 1994; effective April 16, 1994. Rule 1340-06-01-.51 was transferred from rule 1220-02-01-.51 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.52 REPEALED

History

Authority: T.C.A. §§ 55-4-101, 65-15-113, and 65-15-122.
Administrative History: Original rule filed January 31, 1994; effective April 16, 1994. Rule 1340-06-01-.52 was transferred from rule 1220-02-01-.52 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.53 REPEALED

History

Authority: T.C.A. §§ 55-4-101, 65-15-113, and 65-15-122.
Administrative History: Original rule filed January 31, 1994; effective April 16, 1994. Rule 1340-06-01-.53 was transferred from rule 1220-02-01-.53 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 1340-06-01-.54 REPEALED

History

Authority: T.C.A. §§ 55-4-101, 65-15-113, and 65-15-122.
Administrative History: Original rule filed January 31, 1994; effective April 16, 1994. Rule 1340-06-01-.54 was transferred from rule 1220-02-01-.54 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal filed August 16, 2011; effective January 29, 2012.

Chapter 1340-07-01 Repealed

Tenn. Comp. R. & Regs. 1340-07-01-.01 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-7-112.
Administrative History: Original rule filed October 28, 2005; effective February 28, 2006. Repeal filed August 25, 2025; effective November 23, 2025.

Tenn. Comp. R. & Regs. 1340-07-01-.03 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-7-112.
Administrative History: Original rule filed October 28, 2005; effective February 28, 2006. Repeal filed August 25, 2025; effective November 23, 2025.

Tenn. Comp. R. & Regs. 1340-07-01-.02 REPEALED

History

Authority: T.C.A. §§ 4-3-2009 and 4-7-112.
Administrative History: Original rule filed October 28, 2005; effective February 28, 2006. Repeal filed August 25, 2025; effective November 23, 2025.

Chapter 1340-08-01 Rules and Regulations for Access to Public Records

Tenn. Comp. R. & Regs. 1340-08-01-.01 PURPOSE

To establish the procedures for requesting access to Public Records of the Tennessee Department of Safety & Homeland Security and for bulk sales of data to authorized persons.

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Public necessity rule filed November 5, 2008; effective through April 19, 2009. Original rule filed November 5, 2008; effective March 30, 2009. Amendments filed December 5, 2018; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.02 DEFINITIONS

(1) Inspection: The visual review of requested records, without the making of copies, whether by TDOSHS or Requestor, by any means, that does not require a charge to view. An inspection can be converted into copies upon payment of proper charges.

(2) Public Records Request Coordinator (PRRC): The individual, or individuals, designated in 1340-08-01-.05(1)(c) of this rule who has, or have, the responsibility to ensure public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA. The Public Records Request Coordinator may also be a records custodian.

(3) Public Records: All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

(4) Records Custodian: The office, official, or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(5) Requestor: A person seeking access to a public record, whether it is for inspection or duplication.

(6) T.C.A.: Tennessee Code Annotated.

(7) TDOSHS: The Tennessee Department of Safety & Homeland Security.

(8) TPRA: Tennessee Public Records Act, T.C.A. §§ 10-7-501 et seq.

(9) Unclaimed Request: Any request which has not been inspected, picked up, paid for, or otherwise obtained by the requestor more than thirty (30) days after the date the requestor was notified that the records were available for inspection or copies were ready to be picked up, or any request where there has been no response from the requestor more than thirty (30) days after the last date of correspondence from TDOSHS.

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Public necessity rule filed November 5, 2008; effective through April 19, 2009. Original rule filed November 5, 2008; effective March 30, 2009. Amendments filed December 5, 2018; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.03 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public record requests shall be made to the Public Records Request Coordinator (PRRC) or designee in order to ensure public record requests are routed to the appropriate records custodian and fulfilled in a timely manner.

(2) Proof of Tennessee citizenship is required as a condition to inspect or receive copies of public records.

(a) Proof of citizenship can be furnished by:

Presentation of a valid Tennessee driver’s license, or other state issued photographic ID that includes the requestor’s Tennessee address at the time of the request;
Submission of a request on business letterhead with the business’s address in Tennessee. Records will be sent to the Tennessee address on the letterhead and not to any other address;
Presentation of a valid Tennessee driver license or other state issued photographic ID that includes the requestor’s Tennessee address prior to the inspection of records or a requestor obtaining the records in person;
An individual can provide a sworn, notarized statement including the requestor’s Tennessee residential address as of the date of the sworn statement; or 5. Anything otherwise acceptable at the discretion of the PRRC, the Commissioner of TDOSHS, or the Commissioner’s designee.

(b) TDOSHS reserves the right to request additional ID if the validity of the business address, identification presented, or sworn notarized statement, is in question.

TDOSHS will notify a requestor in writing, when possible, of the need for additional documentation.

(c) TDOSHS may also ask the person to allow, in writing via e-mail or letter, to verify the address through TDOSHS’s driver license system if the person does not wish to provide a copy of the driver license or other ID.

(3) Inspections.

(a) Requests for inspection only cannot be required to be made in writing. The PRRC should request a mailing or email address from the requestor for providing any written communication required under the TPRA.

(b) Requests for inspection may be made orally or in writing by:

Mailing to 312 Rosa L. Parks Avenue, 25th Floor, Nashville, TN 37243;
Phone at 615-251-5166; or 3. E-mail to Safety.OpenRecords@tn.gov.

(d) Requests to inspect personnel files or disciplinary files of law enforcement personnel will require the Tennessee Department of Safety Request for Personnel File Inspection/Copies Form (SF-1079), to be provided prior to inspection in order to comply with T.C.A. § 10-7-504(g). The form is located at https://www.tn.gov/safety/publicsafety/openrecords.html.

While requests may be made in person, requested files may not be readily available. The requestor may be asked to schedule an inspection time in order for TDOSHS to locate, review, and, if necessary, redact any and all requested files.
The law enforcement officer whose file has been requested will be provided notice of who requested the file as required by T.C.A. § 10-7-504(g).

(4) Requests for copies or for inspection and copies.

(a) Requests for copies, or requests for inspection and copies, shall be made in writing. A Public Records Request Form is available at https://www.tn.gov/safety/publicsafety/openrecords.html.

(b) Requests to inspect or for copies of personnel files or disciplinary files of law enforcement personnel will require the Tennessee Department of Safety Request for Personnel File Inspection/Copies Form (SF-1079), to be provided prior to inspection or production of files in order to comply with T.C.A. § 10-7-504(g). The form is located at https://www.tn.gov/safety/publicsafety/openrecords.html.

While requests may be made in person, requested files may not be readily available. The requestor will be asked to schedule an inspection time in order for TDOSHS to locate, review, and, if necessary, redact any and all requested files.
The law enforcement officer whose file has been requested will be provided notice of who requested the file as required by T.C.A. § 10-7-504(g).

Mail to 312 Rosa L. Parks Avenue, 25th Floor, Nashville, TN 37243;
Phone at 615-251-5166;
E-mail to Safety.OpenRecords@tn.gov; or 4. To any Tennessee Highway Patrol District Headquarters.

(5) Statistical data of TDOSHS is available online for the categories listed below:

(a) Checkpoint Locations: https://www.tn.gov/safety/tnhp/checkpoints.html (b) Crash Data: https://www.tn.gov/safety/stats/crashdata.html (c) THP Activity: https://www.tn.gov/safety/stats/thpactivity (d) Handgun Carry Permits: https://www.tn.gov/safety/handgunmain.html (e) Driver License: https://www.tn.gov/safety/driver-services.html (f) Special Reports: https://www.tn.gov/safety/stats/specialreports.html (g) Historical Data: https://www.tn.gov/safety/stats/historical.html (h) Forfeiture: https://www.tn.gov/safety/stats/asset_forfeiture_reports.html

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Public necessity rule filed November 5, 2008; effective through April 19, 2009. Original rule filed November 5, 2008; effective March 30, 2009. Amendments filed December 5, 2018; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.04 SALE OF MOTOR VEHICLE RECORDS

(1) For the preparing and furnishing of each individual motor vehicle record (MVR), TDOSHS shall charge a fee of five ($5.00) dollars in accordance with T.C.A. § 55-50-204(d)(1).

(a) For the purpose of this rule, “individual motor vehicle record (MVR)” means the complete record, prepared and maintained by TDOSHS, as it pertains to an individual's driver license and driver history.

(b) The five ($5.00) dollar fee shall be charged per individual MVR whether furnished in paper or electronic format, whether redacted or unredacted. This fee cannot be waived.

(2) For the preparing and furnishing in bulk portions of individual MVRs, TDOSHS shall charge a fee that is calculated based on the Schedule of Reasonable Charges for Copies of Public Records established pursuant to T.C.A. § 8-4-604(a)(1).

(a) For the purpose of this rule, “bulk” means the one-time preparation and furnishing of portions of multiple individual MVRs.

(b) Bulk requests shall be furnished in electronic format unless requested otherwise and agreed to by TDOSHS.

(3) Recurrent Bulk Purchases (a) For the purpose of this rule:

“Recurrent” means monthly or other frequent periodic time interval determined by TDOSHS.
“Standard Format” means the three files furnished by TDOSHS which include the following:

(i) All Driver File: contains demographic information on all drivers in Tennessee at the time the file is created, other than the social security number.

(ii) Monthly Violations File: contains demographic information of all drivers that had a violation event during the previous month, including the date of any violation event, but excluding the social security number.

(iii) Monthly Revocations and Suspensions File: contains all drivers who had a revocation event during the previous month, including the date of any revocation event, but excluding the social security number.

“Expanded Format” means the three files furnished by TDOSHS which include the following:

(i) All Driver File: contains demographic information on all drivers in Tennessee at the time the file is created, other than the social security number.

(ii) Monthly Violations File: contains demographic information of all drivers that had a violation event during the previous month, including the nature of any violation event, furnished as a history action code, but excluding the social security number.

(iii) Monthly Revocations and Suspensions File: contains all drivers who had a revocation event during the previous month, including the nature of any revocation event, furnished as a history action code, but excluding the social security number.

(b) For the recurrent preparing and furnishing of portions of multiple or all individual MVRs in Standard Format, TDOSHS shall be paid 4/100 of a dollar, per year, for each licensed driver in the state of Tennessee for that year. The total fee per year shall be based on the total number of licensed drivers in the state as of January 1, 2010, and shall be divided and paid in twelve (12) equal monthly payments. The number of licensed records used for calculating the payment shall be adjusted on January 1 of every year.

(c) For the recurrent preparing and furnishing of portions of multiple or all individual MVRs in Expanded Format, TDOSHS shall be paid 5/100 of a dollar, per year, for each licensed driver in the state of Tennessee for that year. The total fee per year shall be based on the total number of licensed drivers in the state as of January 1, 2010, and shall be divided and paid in twelve (12) equal monthly payments. The number of licensed records used for calculating the payment shall be adjusted on January 1 of every year.

(d) Recurrent requests shall be furnished in electronic format only.

(e) Requests made for less than twelve (12) months of recurring data in a calendar year shall be priced at the monthly fee calculated under subparagraph (b) for Standard Format or subparagraph (c) for Expanded Format for each month requested.

(4) Historical Driver License Data (a) For the purposes of this rule, “Historical Driver License Data” means data, either in Expanded or Standard Format, which is more than sixty (60) days old, determined from the date of the request.

(b) For the preparing and furnishing of portions of Historical Driver License Data for multiple or all individual MVRs, TDOSHS shall charge 1/12 of the fee calculated under subparagraph (3)(b) for Standard Format requests or subparagraph (3)(c) for Expanded Format requests in the year in which the request is made, for each separate request made.

(5) All bulk requests, whether one time or recurrent, and all Historical Driver License data requests shall be accompanied by a statement on form SF-1289 (available at https://www.tn.gov/content/dam/tn/safety/documents/dppa.pdf), filled out in its entirety, indicating the request falls under one of the approved categories authorized by the Driver Privacy Protection Act of 1994 (18 U.S.C. §§ 2721-2725) and the Uniform Motor Vehicle Records Disclosure Act (T.C.A. §§ 55-25-101 et seq.) A new form may be required at the start of the calendar year for recurrent requests to verify the approved categories are still applicable to the requestor.

History

Authority: T.C.A. §§ 4-3-2009; 8-4-604(a)(1); 10-7-501, et seq.; and 55-50-204.
Administrative History: New rule filed September 21, 2009; to be effective February 28, 2010; however on January 26, 2010, the Department of Safety withdrew the rule. Original rule filed May 27, 2010; effective October 29, 2010. Amendments filed January 11, 2016; effective April 10, 2016. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Record Request Coordinator (PRRC):

(a) The PRRC shall review public record requests and make an initial determination of the following:

If the requestor provided evidence of Tennessee citizenship;
If the records requested are described with sufficient specificity to identify them; and 3. If TDOSHS is the custodian of the records.

(b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

Advise the requestor of this rule and the determinations made regarding:

(i) Proof of Tennessee citizenship;

(ii) Fees (and labor threshold and waivers, if applicable); and (iii) Aggregation of multiple or frequent requests.

If appropriate, deny the request in writing, providing the appropriate ground such as one (1) of the following:

(i) The requestor is not, or has not presented evidence of being, a Tennessee citizen;

(ii) The request lacks specificity. TDOSHS may work with requestors to clarify the request;

(iii) An exemption makes the record not subject to disclosure under the TPRA, and inform the requestor of the specific exemption;

(iv) TDOSHS is not the custodian of the requested records; and/or (v) The records do not exist.

If appropriate, contact the requestor to see if the request can be narrowed.
Forward the records request to the appropriate records custodian in TDOSHS.
If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity and PRRC for that entity, if known.

(c) The PRRC(s) shall report to the Commissioner or the Commissioner’s designee on an annual basis about the governmental entity’s compliance with the TPRA pursuant to this policy and shall make recommendations, if any, for improvement or changes to this policy.

(2) Records Custodian:

(a) Upon receiving a public records request, a records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies, the custodian may consult with the PRRC, TDOSHS Legal counsel, or the Attorney General’s office.

(b) If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then a records custodian or PRRC shall, within seven (7) business days from the date TDOSHS receives the request, send the requestor a written response which shall include a statement of the time reasonably necessary to produce the records.

(c) If a records custodian denies a public record request, they shall deny the request in writing as provided in Rule 1340-08-01-.05(b)(2).

(d) If a records custodian reasonably determines production of records should be provided in installments because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall notify the requestor, in writing, that production of the records will be in installments and that a records production schedule will be provided as expeditiously as practicable.

If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(e) If a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the requestor concerning the omission and produce the records as quickly as practicable. If there is an error in the mailing of records, the records custodian shall correct the mailing error as quickly as practicable.

(3) Redaction:

(a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the Office of Attorney General and Reporter.

(b) Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

History

Authority: T.C.A. §§ 4-3-2009; 8-4-604(a)(1); 10-7-501, et seq.; 10-7-503, et seq.; and 55-50-204.
Administrative History: New rule filed September 21, 2009; to be effective February 28, 2010; however on January 26, 2010, the Department of Safety withdrew the rule. Original rule filed May 27, 2010; effective October 29, 2010. Amendments filed January 11, 2016; effective April 10, 2016. Amendments filed December 5, 2018; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.06 INSPECTION OF RECORDS

(1) There shall be no charge for inspection of public records.

(2) An appointment to inspect records is required and will be set by the PRRC.

(3) Inspection of records shall take place at TDOSHS office where the records are normally maintained, unless circumstances require otherwise. The location for inspection of records within the appropriate TDOSHS office shall be determined by either the PRRC or the records custodian.

(4) The requestor will be informed of the location for inspection and appointment time when the requestor is notified that the records are available for inspection.

(5) If, after viewing the records, a requestor wishes to obtain copies, TDOSHS shall calculate the cost based on the copy and labor charges for the entire request and, if the requestor does not wish to obtain all records produced, shall pro-rate the charges on a per page basis.

(6) A requestor will not be allowed to make copies of records with personal equipment, including, but not limited to, personal copier or scanners, cell phones, video, and live streaming.

(a) A requestor may use a personal cellphone to take still pictures or video of records when the total amount of pages of the entire request is equal to or less than one hundred (100) pages.

(b) Unless otherwise prohibited by subsection (a), a requestor may take notes by hand, by dictation, or on a computer.

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Original rule filed December 5, 2019; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.07 COPIES OF RECORDS

(1) A records custodian shall promptly respond to a public record request for copies in the most economic and efficient manner practicable.

(2) Copies may, provided staff availability and security measures, be available for pickup at a location specified by the records custodian.

(3) Mailing:

(a) Copies will be delivered to the requestor’s Tennessee home address or business address by the United States Postal Service.

(b) Copies may also be provided by Federal Express, United Postal Service, or other courier, upon submission of a prepaid envelope, prepaid mailing label, or billing account number.

(4) If the total cost for labor and copying is less than fifty ($50.00) dollars, the records may be submitted electronically to the requestor’s e-mail address, if provided.

(5) Records which include personally identifiable information (PII) cannot be sent by e-mail.

(6) Requests which contain allowable personally identifiable information (PII) will only be provided by Secure File Transfer Protocol (SFTP), if provided electronically.

(7) A requestor will not be allowed to make copies of records with personal equipment, including, but not limited to, personal copier or scanners, cell phones, video, and live streaming.

(a) A requestor may use a personal cellphone to take still pictures or video of records when the total amount of pages of the entire request is equal to or less than 100 pages.

(b) Unless otherwise prohibited by subsection (a), a requestor may take notes by hand, by dictation, or on a computer.

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Original rule filed December 5, 2019; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.08 FEES, CHARGES, AND PROCEDURES FOR BILLING AND PAYMENT

(1) Fees and charges for copies of public records should not be used to hinder access to public records. Unless otherwise required by statute, no charges will be assessed for copies and duplicates unless total cost of both copying and labor is more than fifty ($50.00) dollars.

(2) Records custodians shall provide requestors with an itemized estimate of the charges prior to producing copies of records and may require pre-payment of such charges before producing requested records. Records custodians shall make best efforts to provide records electronically.

(3) When fees for copies and labor do not exceed fifty ($50.00) dollars, the fees will be waived.

Fees associated with aggregated records requests will not be waived. Fees set by statute cannot be waived.

(4) Fees and charges for copies shall be based on the most current version of the Schedule of Reasonable Charges, issued by the Office of Open Records Counsel, available at https://www.comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-andguidelines/ScheduleofReasonableCharges.pdf.

(5) A requestor may provide an empty jump drive, empty USB memory stick, or secured transfer site for copies of records. If the memory stick or jump drive provided is not empty, no records will be provided through that medium. There will be no copy charges when records are produced in this medium however, labor charges will still apply.

(6)

Other:

(a) Five ($5.00) dollars for each Moving Violation Record/driver history per T.C.A. § 55-50- 204.

(b) Five ($5.00) dollars for each Affidavit for proof of insurance per T.C.A. § 55-50-204.

(c) Four ($4.00) dollars for unredacted crash reports per T.C.A. § 55-12-108. Paper copies of redacted crash reports are fifteen cents ($0.15) per page.

(d) Unredacted Crash Videos/DVDs with photos taken by the Investigating Trooper shall be provided for free, if the requestor is authorized to receive unredacted material under state or federal law.

(e) Crash Videos/DVDs with photos taken by the Investigating Trooper that are required to be redacted per state or federal law will be charged at actual cost of thirty-one dollars and twenty-five cents ($31.25) per quarter hour of video, including the cost of any redaction done by a third-party vendor.

(f) Paper copies of Crash Photos taken by the Investigating Trooper shall be made available at a charge of fifteen cents ($0.15) per page.

(g) Bulk requests for driver license data shall be charged per Rule 1340-08-01-.04.

(h) Individual Blood Alcohol Reports shall be provided for free.

(i) Individual Toxicology Reports shall be provided for free.

(j) Paper copies of Vehicular Homicide Reports shall be made available at a charge of fifteen cents ($0.15) per page. There shall be no labor charge for copying these reports.

(k) Paper copies of Critical Incident Response Team (“CIRT”) photos taken by CIRT shall be made available at a charge of fifteen cents ($0.15) per page. There shall be no labor charge for copying these reports.

(l) E-Crime Reports (SF-1496) shall be provided for free.

(m) Incident Reports (SF-1493) shall be provided for free.

(n) Offense Reports (SF-1492) shall be provided for free.

(o) Labor when time exceeds one (1) hour.

(p) If an outside vendor is used, the actual costs assessed by the vendor.

(7) Payment is to be made by mailing personal check, cashier’s check, or money order payable to the Tennessee Department of Safety & Homeland Security at the Tennessee Tower located at 312 Rosa Parks Avenue 25th Floor, Nashville, TN 37243.

(8) Advance payment (a) Payment in advance of half of the estimated amount will be required when costs are estimated to exceed one hundred ($100.00) dollars.

(b) Payment in advance of the full estimated amount will be required when TDOSHS is using an outside vendor to complete the request. TDOSHS will notify the requestor in advance of preparing the records that an outside vendor is being used and the estimated amount from the vendor.

(9) The Commissioner or the PRRC, as the Commissioner’s designee, may, on a case-by-case

basis, reduce any part of the fees calculated under this policy or waive any fee upon a written request for waiver or reduction.

(a) Fees set by statute or charged by an outside vendor shall not be reduced or waived.

(b) The waiver or a reduction of any fees is in the sole discretion of the Commissioner or PRRC, is not subject to judicial review, and does not establish any precedent.

(10) Retention of Requests (a) If a request, either for copies or inspection, is unclaimed for thirty (30) days after TDOSHS notified the requestor, in writing, of the completion of the request and any charges, TDOSHS shall send a letter to the requestor, in writing, notifying the requestor that:

The records are available and the location; and 2. If the records remain unclaimed for an additional thirty (30) days from the date of the letter, the requestor will need to submit a new request for the records, and the new request may result in a new fee being charged.

(b) At the end of the second thirty (30) day period, any original records shall be returned to their location and any copies made shall be destroyed by TDOSHS. If the original requestor submits a second request prior to the destruction of any copies, TDOSHS shall charge the original cost for the copying and labor, in addition to any fees that might be required if the second request seeks additional materials.

(c) If the request was to inspect and only a telephone number was provided, TDOSHS shall telephone the requestor and make notes regarding any conversation and shall save such notes as part of the request.

(11) Lack of Payment or Lack of Inspection (a) If a person makes two (2) or more requests to view a public record within a six-month period and, for each request, the person fails to view the public record within fifteen (15) business days of receiving notification that the record is available to view, TDOSHS is not required to comply with any public records request from the person for a period of six (6) months from the date of the second request to view the public record unless the governmental entity determines failure to view the public record was for good cause; and (b) If a person makes a request for copies of a public record and, after copies have been produced, the person fails to pay to TDOSHS the cost for producing such copies, TDOSHS is not required to comply with any public records request from the person until the person pays for such copies; provided, that the person was provided with an estimated cost for producing the copies in accordance with state law and these rules prior to producing the copies and the person agreed to pay the estimated cost for such copies.

(12) No Response (a) If a person makes a request for inspection or copies of records and fails to provide necessary identification or payment within sixty (60) days of notification for identification or payment, TDOSHS may close the request and refund any monies paid.

(13) Bulk Crash Report Requests (a) For the purpose of this rule, “bulk” means the one-time preparation and furnishing of multiple individual crash reports.

(b) Bulk requests shall be furnished in electronic format unless requested otherwise and agreed to by TDOSHS.

(c) If a person makes a request for bulk crash reports and the responsive number of which is less than fifteen (15) reports, the fees associated with that request are waived.

(d) If there more than fifteen (15) responsive records, the requestor shall be charged for the actual labor of the person or persons retrieving the reports.

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Original rule filed December 5, 2019; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.

Tenn. Comp. R. & Regs. 1340-08-01-.09 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) TDOSHS will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are received within a calendar month (either from a single individual or a group of individuals deemed working in concert).

(2) Aggregation:

(a) The level at which records requests will be aggregated is at the departmental level.

(b) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the records custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

(c) When the total number of requests made by a single requestor, or multiple requestors who the PRRC deems to be working in concert, during a calendar month exceeds four (4), the PRRC or records custodian shall charge the requestor a fee for all labor that is reasonably necessary to produce copies of the requested records. The requestor is not entitled to one (1) free hour of labor before additional costs are assessed.

When the total number of requests in a calendar month exceed four (4), the requestor must be notified in writing that a fee will be charged for all labor reasonably necessary to produce additional materials for copying, what requests have been aggregated, and the dates and fees associated with each request.
Labor costs shall be assessed as set forth in the Schedule of Reasonable Charges set for by the Comptroller of the Treasury Office of Open Records Counsel.

(d) The total number of public records requests made by a requestor and by any other individual may be aggregated if the PRRC reasonably believes the requestor(s) to be acting in concert with or as the agent of another person, entity, or organization. When aggregating requests to one (1) or multiple requestors, the PRRC shall provide a notice of aggregation to all requestors.

(e) If a PRRC or records custodian aggregates multiple requests by multiple requestors, they must promptly inform the requestors, in writing, of the determination to aggregate, that each individual has the right to appeal the aggregation determination to the OORC, and the estimated cost of labor associated with the aggregated requests.

(3) Requests for items that are routinely released and readily accessible, such as agendas and meeting minutes, are exempt from this provision.

(4) Any dispute regarding aggregation shall be brought to the OORC.

History

Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
Administrative History: Original rule filed December 5, 2019; effective March 5, 2019. Amendments filed June 9, 2023; effective September 7, 2023.