(a)

lawyer at desk

Ask a traffic law question, get an answer ASAP!
Thousands of highly rated, verified traffic lawyers.
Parking violations, accidents, DUI/DWI, licensing, registration, and more
Protect your vehicle and your rights with expert legal help now
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 55-50-338

  • Chauffeur: means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. See Tennessee Code 55-50-102
  • 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
  • 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
  • Hazardous materials: means any material that has been designated as hazardous under 49 U. 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
  • Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-50-102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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
  • 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
(1) Every license shall be renewable on or before its expiration upon application, payment of required fees, and satisfactory completion of any examination required by state law or rules promulgated by the commissioner.
(2) Any person whose driver license expires or who applies for a renewal of the license after thirty (30) days, but less than six (6) months, from the date the original license expired shall pay a penalty of five dollars ($5.00), and any unpaid renewal license fees since the last renewal before the license shall be renewed. For applicants with licenses that have been expired for six (6) months or more, the penalty shall be ten dollars ($10.00). The department may waive the paying of the fine if the department deems the delay in renewing the license was unavoidable.
(3) Notwithstanding any other law to the contrary, any applicant for renewal of a driver license, whose license has been expired for more than one (1) renewal cycle, shall be required to successfully complete all appropriate examinations, which shall include all tests required upon original application.
(4) A Tennessee driver license held by any person who is in or who enters into the United States armed forces shall continue in effect for so long as the person’s service continues and the person is stationed outside this state, notwithstanding the fact that this person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the license is sooner suspended, cancelled or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has in the licensee’s immediate possession the licensee’s discharge or separation papers, if the licensee has been discharged or separated from service.
(5) Any person who is now in a foreign country in the employ of a religious or charitable organization, or who may hereafter be in a foreign country in such employ, who is a holder of a driver license in this state, and of the family of such person any member who is or who may be in a foreign country with such person and who is a holder of a driver license in this state, may, without additional examination in Tennessee, have this driver license renewed after its expiration by submitting to the department a certificate issued by a doctor of medicine certifying that the person is physically qualified to drive a motor vehicle.
(6)

(A) Any person renewing a chauffeur or special chauffeur license, or any applicant for an original Class A, B, or C license or any endorsement, or any person applying for reinstatement of a chauffeur or special chauffeur license, shall, at the time of renewal or application, appear at a driver testing station and make certification declaring the type of vehicle operated, the class license and endorsement or endorsements for which the person is making application, and shall be required to pay the appropriate fee or fees, in addition to successfully completing the required tests as may be required by 49 C.F.R. part 383 and adopted by the commissioner, pertaining to drivers of commercial motor vehicles.
(B) Operators of commercial motor vehicles who:

(i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce;
(ii) Operate commercial motor vehicles solely intrastate;
(iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.); and
(iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests;

shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees.

(C) Subdivision (a)(6)(B) does not apply to new applicants, or to persons applying for reinstatement of a driver license.
(D)

(i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) (49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391.
(ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision.
(b) In the event 49 C.F.R. part 383 authorizes the “grandfathering” of drivers of commercial motor vehicles, persons who are applying for renewal in accordance with this section shall be required only to appear, meet the specified requirements, pay the appropriate fee or fees, and take only those tests required by 49 C.F.R. part 383.
(c) The department shall make available at all driver license stations and shall include in general or routine mailings to drivers pursuant to this part, when the department deems it appropriate to the nature of the correspondence, an educational pamphlet or insert explaining the effects of drugs and alcohol on a person’s ability to operate a vehicle and the applicable Tennessee laws pertaining to the operation of a vehicle while under the influence of alcohol and drugs. The insert or pamphlet must include a chart depicting “blood alcohol concentration percentage within one (1) hour based on body weight” and an explanation of the state’s laws and penalties regarding driving while intoxicated.
  Previous section
Next section  
 Part 3 Contents