§ 55-50-303 — Persons not eligible for licensing - Exception for temporary licenses

Tennessee § 55-50-303

• Jurisdiction: Tennessee
• Title: 55

Text

(a) The department shall not issue any license under this chapter: (1) (A) To any person, as a Class A, B, or C driver, who is under twenty-one (21) years of age; (B) (i) Notwithstanding subdivision (a)(1)(A), persons nineteen (19) years of age shall be permitted to apply for a Class A or B license if no special endorsements are required, the commercial vehicle will be operated solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal, and there has been compliance with all other current provisions of 49 CFR Parts 383 and 391; and (ii) Notwithstanding subdivision (a)(1)(A), persons eighteen (18) years of age shall be permitted to apply for a Class B license if no special endorsements are required, the commercial vehicle will be operated solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal, and there has been compliance with all other current provisions of 49 CFR Parts 383 and 391; (2) To any person whose license has been suspended, cancelled or revoked, during suspension, cancellation or revocation and not until the person has complied with all requirements for reinstatement; (3) To any person who is an habitual drunkard, or is addicted to the use of narcotic drugs; (4) To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) To any person who is required by this chapter to take an examination, unless the person has successfully passed the examination; (6) To any person when the commissioner has good cause to believe that the person by reason of physical or mental disabilities would not be able to operate a motor vehicle with safety upon the highways; (7) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof; (8) To any person who does not comply with § 49-6-3017 ; or (9) To any person who is not a United States citizen or lawful permanent resident of the United States. (b) (1) Notwithstanding subsections (d) and (e), in addition to all other requirements of law, prior to reinstating the driving privileges and/or reissuing a driver license to any person who has been convicted of the offense of driving while under the influence, the department shall require certification that all fines and costs have been paid to the court of jurisdiction.The certification shall be made upon a form supplied by the department, and shall indicate the fines and costs levied by the court, that all fines and costs have been paid to the court, or that the fines and/or costs were waived as a result of the person being found to be indigent by the court, if the court is located within this state. The form shall be completed and certified by the clerk of the court of jurisdiction; provided, however, that it is the sole responsibility of the individual seeking reinstatement or reissuance to obtain the certification and present it to the department. (2) Persons convicted of any other offense requiring mandatory revocation of driving privileges shall be required to present the same certification in subdivision (b)(1) prior to the reinstatement of driving privileges and/or the reissuance of a driver license. (3) Each certification form required by this section shall be accompanied by a three-dollar filing fee, payable to the department. (c) Notwithstanding this section, the department may issue a temporary license, pursuant to § 55-50-331(g) and any other departmental rules and regulations promulgated by the department. (d) (1) A person whose license has been suspended, subject to the approval of the court, may pay any fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the clerk of the court to which the fines and costs are owed. The fines and costs for a conviction of driving while suspended may be included in such payment plan, subject to the approval of the court. (2) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court to which the fines and costs are owed that the person has entered into a payment plan with the court clerk and has satisfied all other provisions of law relating to the issuance and restoration of a driver license. (3) The department shall, upon notice of the person's failure to comply with any payment plan established pursuant to this subsection (d), suspend the license of the person. Persons who default under this subsection (d) shall not be eligible for any future payment plans under this subsection (d). The department shall notify the person in writing of the proposed suspension, and upon request of the person within thirty (30) days of the notification, shall provide the person an opportunity for a hearing to show that the person has, in fact, complied with the court clerk's payment plan. Failure to make the request within thirty (30) days of receipt of notification shall, without exception, constitute a waiver of the right. (e) (1) Any person whose license has been suspended for having been convicted of a driving offense, and for the subsequent failure to pay a fine or cost imposed for that offense, may apply to the court where the person was convicted for the issuance of a restricted license. The court shall order the person whose license has been suspended to enter into a payment plan with the court clerk and make payments to the court clerk during the period of restricted license, as a condition of receiving the restricted license, in an amount reasonably calculated to fully pay the moneys owed the court during the period of the restricted license, including authorization of payment of the fine by installments as authorized in § 40-24-101 . The restricted license shall be valid only for the purpose of going to and from work at the person's regular place of employment. (2) The judge shall order the issuance of a restricted license, based upon the records of the department of safety, if the department suspended the person's license as a result of the person's conviction of any driving offense in that court and for the person's failure to pay or secure any fine or costs imposed for that offense; provided, however, that the judge shall not order the issuance of a restricted license and the department shall not issue a restricted license to a person whose license is suspended pursuant to § 55-10-615 . (3) The order shall state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person so arrested may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a motor vehicle operator's license. (f) (1) The department shall not issue a new Tennessee-only license or reinstate a suspended or revoked Tennessee-only driver license on or after January 1, 2024. (2) A valid Tennessee-only driver license issued on or before December 31, 2023, remains valid until its expiration, unless otherwise revoked or suspended under this title. (3) To receive a Tennessee driver license that can be used to operate a motor vehicle outside of the state of Tennessee, a person who held a Tennessee-only license that is suspended, revoked, or expired shall meet all applicable driver license issuance requirements as set out in this chapter.

Legislative History

Amended by 2023 Tenn. Acts, ch. 336, s 9, eff. 1/1/2024. Amended by 2019 Tenn. Acts, ch. 438, s 4, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 748, s 3, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 748, s 2, eff. 1/1/2017. Acts 1937, ch. 90, § 4; impl. am. Acts 1939, ch. 205, §§ 2, 3; Acts 1943, ch. 82, § 1; C. Supp. 1950, § 2715.12 (Williams, § 2715.17); Acts 1955, ch. 114, § 3; 1979, ch. 134, § 1; T.C.A. (orig. ed.), § 59-705; Acts 1988, ch. 584, § 5; T.C.A., §§55-7-105, 55-7-303; Acts 1990, ch. 679, § 1; 1990, ch. 819, § 2; 1991, ch. 113, §§ 1, 2; 1994, ch. 905, § 2; 1995, ch. 156, § 1; 1997 , ch. 179, § 2; 2004, ch. 778, § 2; 2005, ch. 235, § 7; 2007 , ch. 194, § 8.