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Terms Used In Tennessee Code 55-50-405

  • Commerce: means :
    (A) Trade, traffic, and transportation within the jurisdiction of the United States. 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
  • Commissioner: means the commissioner of safety. See Tennessee Code 55-50-102
  • Controlled substance: means any substance so classified under §. 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year. See Tennessee Code 55-50-102
  • Hazardous materials: means any material that has been designated as hazardous under 49 U. See Tennessee Code 55-50-102
  • Highway: means the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, trailer park or apartment house complex or any other premises frequented by the public at large. See Tennessee Code 55-50-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Tennessee Code 55-8-101
  • 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
  • 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
  • Violation: means a conviction except as otherwise provided in §. See Tennessee Code 55-50-102
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The commissioner shall suspend for at least one (1) year, a commercial motor vehicle operator who is found to have committed a first violation of:

(A) Driving a commercial motor vehicle under the influence of alcohol or a controlled substance, or with a blood alcohol concentration (BAC) of four-hundredths of one percent (0.04%) or greater;
(B) Leaving the scene of an accident while driving a commercial motor vehicle; or
(C) Operating a commercial motor vehicle in the commission of a felony, except a controlled substance felony as described in subdivision (a)(4).
(2) If the operator commits any of the violations while carrying hazardous materials, the suspension shall be for a period of three (3) years.
(3) The commissioner shall suspend for life, or a period not less than ten (10) years, according to department of transportation regulations, a commercial motor vehicle operator who is found to have committed a second violation of:

(A) Driving a commercial motor vehicle under the influence of alcohol with a BAC of point zero four (0.04) or greater, or other controlled substance;
(B) Leaving the scene of an accident while driving a commercial motor vehicle; or
(C) Using a commercial motor vehicle in the commission of a felony.
(4) The commissioner shall suspend for life, a commercial motor vehicle operator who is found to have used a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to distribute.
(5) The commissioner shall suspend for a period of not less than sixty (60) days each person who in a three-year period has committed two (2) serious traffic violations involving a commercial motor vehicle, and for not less than one hundred twenty (120) days each person who has committed three (3) serious traffic violations in a three-year period.
(6)

(A) Any person violating subdivisions (a)(1), (2), and (3) shall, upon conviction, be punished pursuant to the requirements of §§ 55-10-402 and 55-10-403, except for provision of license suspension, which shall be in accordance with this subsection (a).
(B) Any person violating subdivision (a)(4) shall, upon conviction, be fined not less than two thousand five hundred dollars ($2,500), and be imprisoned for not less than ninety (90) days nor more than one (1) year.
(7)

(A) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for one hundred eighty (180) days if the driver is convicted of a first violation of an out-of-service order.
(B) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for two (2) years if, during any ten-year period, the driver is convicted of two (2) violations of out-of-service orders in separate incidents.
(C) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for three (3) years if, during any ten-year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents.
(8)

(A) The commissioner shall suspend the driver license for a period of one hundred eighty (180) days if a driver is convicted of violating an out-of-service order while driving a commercial motor vehicle while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), or while operating a motor vehicle designed to transport more than fifteen (15) passengers including the driver.
(B) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for a period of three (3) years if the driver is convicted of any subsequent violation of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act or while operating a commercial motor vehicle designed to transport more than fifteen (15) passengers, including the driver.
(9) The commissioner shall suspend the driver license of a commercial motor vehicle operator who is convicted of violating a railroad highway grade crossing law or regulation while operating a commercial motor vehicle, for not less than sixty (60) days for a first conviction; not less than one hundred twenty (120) days for a second conviction, if the violation occurred within a three-year period from the first violation; and one (1) year for a third conviction, if the violation occurred within three (3) years from the first violation, for the following offenses:

(A) For drivers who are not required to always stop pursuant to § 55-8-147, failing to slow down and check the railroad highway grade crossing to be sure it is clear of an approaching train;
(B) For drivers who are not required to always stop pursuant to § 55-8-147, failing to stop before reaching the railroad highway grade crossing if the tracks are not clear;
(C) A conviction of § 55-8-147;
(D) Failure to have sufficient space to drive completely through the railroad highway grade crossing without stopping;
(E) Failure to obey a traffic control device or the directions of an enforcement official at the railroad highway grade crossing; or
(F) Failure to negotiate a railroad highway grade crossing because of insufficient undercarriage clearance.
(10)

(A) A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for a first conviction and not less than five thousand dollars ($5,000) for a second or subsequent conviction, in addition to any disqualification or other penalty which may be imposed by state or federal law.
(B) The civil penalty shall be assessed by the department after receiving notification of the conviction.
(C) Funds received pursuant to this section shall become expendable receipts of the department.
(b) Any person violating § 55-50-401 shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), and be imprisoned for not less than ten (10) days nor more than ninety (90) days.
(c) Any person violating § 55-50-402 shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), and imprisoned for not less than two (2) days nor more than thirty (30) days.
(d) Any person violating § 55-50-403 shall, upon conviction, be fined not more than five hundred dollars ($500) and also be subject to civil penalties pursuant to 49 CFR § 383.53(b)(2).
(e) Any person violating § 55-50-404 shall, upon conviction of a first offense, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), and be imprisoned for not less than thirty (30) days nor more than ninety (90) days; and upon conviction of a second or subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) and be imprisoned for not less than ninety (90) days nor more than one (1) year.
(f) Notwithstanding any other provision in this title, the privilege of operating a commercial motor vehicle shall be subject to 49 CFR Parts 383 and 384 relative to the disqualification of drivers.
(g) Any person charged with driving a commercial motor vehicle without a commercial driver license in the driver’s possession, may, on or before the court date, submit evidence of compliance at the time of the violation. If the court is satisfied that compliance was in effect at the time of the violation, the charge shall be dismissed without cost to the defendant and no litigation tax shall be due or collected, notwithstanding any provision of law to the contrary.
(h) Pursuant to 49 CFR § 350.341, no provision of law relative to commercial driver licenses, including, but not limited to, physical qualification standards and records to be kept by drivers, shall be applicable to drivers of motor vehicles that have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less that are operated in intrastate commerce to transport property, and that do not transport:

(1) Hazardous materials required to be placarded;
(2) Sixteen (16) or more persons, including the driver; or
(3) Passengers for hire.
(i)

(1) The commissioner shall suspend for life, a commercial motor vehicle operator who has been convicted of a human trafficking offense, as defined in § 39-13-314, or an equivalent offense in another jurisdiction.
(2) A person who has been convicted of a human trafficking offense, as defined in § 39-13-314, or an equivalent offense in another jurisdiction, is disqualified from obtaining a commercial driver license.
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