(a) The commissioner may issue a farm-related service industry employee restricted commercial driver license to a person who:
Terms Used In Tennessee Code 55-50-414
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
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
Employee: means an operator of a commercial motor vehicle, including an owner-operator or other independent contractor while in the course of operating a commercial motor vehicle, who is employed by an employer. See Tennessee Code 55-50-102
Employer: means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. See Tennessee Code 55-50-102
Implement of husbandry: means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations. See Tennessee Code 55-8-101
Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
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
Person: means every natural person, firm, copartnership, association or corporation. 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
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
(1) Is an employee of:
(A) An agri-chemical business;(B) A custom harvester;(C) A farm retail outlet or supplier; or(D) A livestock feeder;(2) Satisfies all of the requirements for issuance of a commercial driver license under this chapter other than the written and driving test requirement in § 55-50-404(b);(3) Holds a valid driver license;(4) Has at least one (1) year of driving experience as a licensed driver; and(5) Has a good driving history, as defined in subsection (b), for:
(A) The person’s entire driving history, if the person only has between one (1) and two (2) years of driving experience as a licensed driver; or(B) The two (2) most recent years of the person’s driving history, if the person has more than two (2) years of driving experience as a licensed driver.(b) For purposes of subdivision (a)(5), a person has a good driving history, if the person has not:
(1) Had more than one (1) driver license;(2) Had any driver license suspended, revoked, or cancelled;(3) Been convicted of any offense or serious trafficviolation that is a disqualifying offense or violation under § 55-50-405(f);(4) Been convicted of any law or ordinance relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; or(5) Been at fault in a motor vehicle accident.(c) A farm-related service industry employee restricted commercial driver license entitles the licensee to operate commercial motor vehicles other than Class A vehicles.(d) A farm-related service industry employee restricted commercial driver license authorizes operation of a commercial motor vehicle only during the seasonal period or periods prescribed by the commissioner and stated on the license; provided, that the total number of calendar days in any twelve-month period for which the farm-related service industry employee restricted commercial driver license authorizes operation of a commercial motor vehicle must not exceed one hundred eighty (180) days. A farm-related service industry employee restricted commercial driver license is valid for operation of a commercial motor vehicle during the seasonal period or periods for which it has been validated and must be revalidated annually by the department for each successive seasonal period or periods for which commercial vehicle operation is sought. A farm-related service industry employee restricted commercial driver license authorizes operation of noncommercial motor vehicles at any time, unless it has been suspended, revoked, or cancelled, or has expired.(e) A farm-related service industry employee restricted commercial driver license does not authorize operation of a commercial motor vehicle during any period when the licensee is not employed by an entity described in subdivision (a)(1), nor if when operation of the commercial motor vehicle is not directly related to the licensee’s employment.(f) A farm-related service industry employee restricted commercial driver license does not authorize the licensee to operate any vehicle transporting hazardous materials, except that a licensee may drive a vehicle transporting:
(1) Diesel fuel in quantities of one thousand gallons (1,000 gals.), or less;(2) Liquid fertilizers in a vehicle or implement of husbandry with a total capacity of three thousand gallons (3,000 gals.) or less; or(3) Solid fertilizers that are not transported with any organic substance.(g) A farm-related service industry employee restricted commercial driver license authorizes the operation of a commercial motor vehicle only within one hundred fifty miles (150 mi.) of the place of business of the licensee’s employer or the farm being served.(h) A person may not be the holder of a farm-related service industry employee restricted commercial driver license and an unrestricted commercial driver license at the same time.
