(a) Except when operating under an instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being operated, no person may operate a commercial motor vehicle unless the person has been issued, and is in immediate possession of, a valid commercial driver license.
Terms Used In Tennessee Code 55-50-404
Commercial driver certificate: means a document issued by the department that authorizes a driver to operate a class of motor vehicle. See Tennessee Code 55-50-102
Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:(i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds. See Tennessee Code 55-50-102
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means 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 by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. See Tennessee Code 55-50-102
Department: means the department of safety acting directly or through its duly authorized officers and agents. See Tennessee Code 55-50-102
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. See Tennessee Code 55-50-102
Driver license: means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways. See Tennessee Code 55-50-102
Motor vehicle: means a vehicle, low speed vehicle or medium speed vehicle as defined in this section, 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. See Tennessee Code 55-50-102
Operator: means every person, other than a chauffeur, 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. See Tennessee Code 55-50-102
Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-50-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
State: means :(A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia. See Tennessee Code 55-50-102
Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
United States: means the fifty (50) states and the District of Columbia. See Tennessee Code 55-50-102
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. See Tennessee Code 55-50-102
(b) No person may be issued a commercial driver license before passing a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards in 49 C.F.R. part 383 , and has satisfied all other federal requirements, as well as any other requirements imposed by state law. The tests shall be prescribed and conducted by the department.(c) A commercial driver license may be issued only to a person who operates or will operate commercial motor vehicles and who is domiciled in this state; provided, that a commercial driver certificate may be issued to a person who operates or will operate a commercial motor vehicle and is not domiciled in a state that issues a commercial driver license in accordance with 49 C.F.R. part 383.(d) A commercial driver license may not be issued to a person during a period in which the person is disqualified from operating a commercial motor vehicle, or while the person’s driver license is suspended, revoked or cancelled in any state; nor may a commercial driver license be issued to a person unless the person first surrenders all previously issued driver licenses, either commercial or noncommercial, issued by any state. The department shall electronically notify the state of issuance that the license has been turned into the department and should be cancelled.(e) (1) The department shall waive the knowledge test required by subsection (b) to obtain a temporary commercial learner’s permit upon application for a permit by an applicant who certifies on the application, and submits supporting documentation as required in subdivision (e)(3), that the applicant:
(A) Is or was regularly employed and designated as one (1) of the following positions or military occupational specialties during the one-year period immediately preceding the date of application:
(i) A motor transport operator – 88M (Army); (ii) A PATRIOT launching station operator – 14T (Army); (iii) A fueler – 92F (Army); (iv) A vehicle operator – 2T1 (Air Force); (v) A fueler – 2F0 (Air Force); (vi) A pavement and construction equipment operator – 3E2 (Air Force); (vii) A motor vehicle operator – 3531 (Marine Corps); or (viii) An equipment operator – E.O. (Navy); and (B) Was or is operating a commercial motor vehicle in the United States armed forces that is representative of the license class and endorsement for which the person is applying, for at least one (1) year immediately preceding separation or discharge from the armed forces, in the case of an honorably discharged member, or for at least one (1) year immediately preceding the date of application, in the case of an active duty service member or a member of the national guard or the armed forces reserves. (2) The applicant shall also certify that during the one-year period immediately preceding the date of application, the applicant:
(A) Has not had more than one (1) driver license, except for a valid military commercial driver license; (B) Has not had a driver license suspended, revoked, or canceled in this state or another state; (C) Has not had any convictions while operating any type of motor vehicle for the disqualifying offenses contained in 49 C.F.R. § 383.51(b), and has not lost the privilege to operate a commercial motor vehicle, or been disqualified from operating a commercial motor vehicle, in this state or another state;(D) Has not had more than one (1) conviction while operating any type of motor vehicle for serious traffic violations as defined in § 55-50-102 or contained in 49 C.F.R. § 383.51(c); (E) Has not had a conviction for a violation of any military or state law or local ordinance relating to motor vehicle traffic control in this or another state, other than a parking violation, arising in connection with a traffic accident; and (F) Has no record of an accident in which the applicant was at fault. (3) The application must be accompanied by the following documentation establishing the applicant’s military occupational specialty and driving experience as indicated in subdivision (e)(1):
(A) Military orders or other documentation acceptable to the department establishing the applicant’s military occupational specialty and current duty station assignment and a valid military identification card, if the applicant is an active duty service member or a member of the national guard or the armed forces reserves; or (B) If the applicant is honorably discharged from military service, the applicant’s certificate of release or discharge, including, but not limited to, a department of defense form 214 (DD 214), that shows dates of service and that the applicant received an honorable discharge or release. (4) An applicant who obtains the knowledge test waiver under this subsection (e) must successfully complete any applicable vision and skills tests, and pay the appropriate fees, other than the skills testing fee.
