§ 55-50-321 — [Amendment contingent on funding by the federal selective service system. See the Compiler's Notes.] Applications

Tennessee § 55-50-321

• Jurisdiction: Tennessee
• Title: 55

Text

(a) (1) Every application for a driver license, instruction permit, intermediate driver license, and photo identification card shall be made upon a form furnished by the department. Every application shall be accompanied by a birth certificate or other proof of the applicant's date of birth that is satisfactory to the driver license examiner and by a nonrefundable fee of two dollars ($2.00), which shall constitute expendable receipts of the department. The application shall also be accompanied by proof of Tennessee residency acceptable to the department. (2) The application fee required under subdivision (a)(1) is not required in the case of applications for restricted driver licenses under § 40-24-105(b) . (b) The driver license examiner is authorized and required to obtain positive proof of age and identification of any person taking an examination for a driver license. The applicant shall make certification on the application as to the applicant's age and identification, and, in addition, shall submit to the driver license examiner other documentation meeting the criteria established by rules promulgated by the commissioner as proof of age and identification, or present to the driver license examiner one (1) person who possesses a valid driver license issued in this state who shall attest, in writing, under oath, that the applicant has truthfully identified the applicant in the applicant's affidavit. For applicants under eighteen (18) years of age, the oath may be administered to, and the affidavit attested and signed by, a parent or legal guardian of the applicant, if the parent or legal guardian possesses a valid driver license issued in this state. The driver license examiners are empowered and authorized to administer oaths to applicants and attesting witnesses and to take affidavits. (c) (1) (A) Every application shall state the full name, date and place of birth, sex, county of residence, residence address, including the street address and number or route and box number, or post office box number if the applicant has no bona fide residential street address, of applicant, height, weight, hair and eye color, social security number, if the applicant has been issued a social security number, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal, and other information as the department may require to determine the applicant's identity, competency, and eligibility. The information regarding the applicant's social security number shall be maintained in the records of the department of safety for use as required by any state or federal law relative to child support establishment or enforcement or for other purposes as may be required by law. If the department allows the use of a number other than the social security number on the face of the license, and the social security number obtained on the application is kept on file with the department, the department shall so advise the applicant. Any applicant for a Tennessee driver license who desires the assistance of an interpreter in order to make application for a license and complete the required application shall be responsible for procuring this assistance; provided, that nothing contained within this part shall be construed or implemented in any manner that violates the Americans With Disabilities Act ( 42 U.S.C. § 12101 et seq.). (B) Any applicant who does not have, or who states that the applicant has never been issued, a social security number required by subdivision (c)(1)(A) shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number. (C) Any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, shall provide either an original or certified copy of one of the following: (i) Documentation that the applicant is a citizen of the United States; or (ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident. (D) Any applicant who has received an initial issuance of a driver license since January 1, 2001, shall provide documentation as required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) upon the first renewal date of the license. (E) Any applicant applying for reinstatement on or after July 1, 2012, for which the department has the documents required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) on file, shall be deemed in compliance with subdivision (c)(1)(C) unless otherwise required by law. (2) For applicants under eighteen (18) years of age, the application shall be accompanied by documentation of compliance with § 49-6-3017 . No first-time applicant who is eighteen (18) years of age or younger suspended pursuant to § 55-50-502(a)(1)(J) , shall be assessed a reinstatement fee by the department. (d) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance. (e) Section 55-50-602 is applicable to any person who knowingly makes false or fraudulent certification as to the person's identification, date of birth, or driving privileges when making application for a driver license or photo identification license. The false attestation, knowingly made, is also punishable by suspension of the driver license of the person for two (2) years. The person shall be entitled to the rights and remedies established by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for contested case hearings. (f) [Contingent] (g) The department shall not accept matricula consular cards as proof of identification for driver license application and issuance purposes. (h) Any applicant applying for a temporary driver license, temporary learner permit, temporary intermediate driver license or temporary photo identification license, upon initial issuance, renewal and reinstatement, shall provide proof acceptable to the department relative to the applicant's identity, Tennessee residency, and authorized period of stay in the United States. (i) (1) Any person presenting a driver license from a state that issues driver licenses to illegal aliens for the purposes of obtaining a Tennessee driver license shall be required to establish proof of United States citizenship, lawful permanent resident status, or, in the case of a temporary driver license, a specified period of authorized stay in the United States. (2) The department is authorized to promulgate rules necessary to effectuate this subsection (i) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is also authorized to utilize any process to comply with any rules and regulations, exemptions, and policies promulgated by the United States secretary of homeland security or other state or federal agency.

Legislative History

Amended by 2021 Tenn. Acts, ch. 410, s 5, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 665, s 1, eff. 7/1/2018. Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 114, § 4; 1967, ch. 97, § 1; 1967, ch. 370, § 1; 1969, ch. 176, §§ 1, 2; 1970, ch. 352, § 1; 1972, ch. 652, § 1; 1974, ch. 444, §§ 3, 4; 1974, ch. 748, § 31; modified; T.C.A. (orig. ed.), § 59-707; Acts 1980, ch. 817, § 1; 1982, ch. 767, § 1; 1984, ch. 942, § 1; 1987, ch. 446, § 9; 1988, ch. 584, § 7; 1988, ch. 978, § 1; T.C.A., §§55-7-107, 55-7-321; Acts 1989, ch. 137, § 1; 1989, ch. 341, § 2; 1990, ch. 819, § 3; 1992, ch. 611, § 1; 1992, ch. 791, § 9; 1995, ch. 156, § 1; 1998, ch. 699, § 1; 1998, ch. 779, § 1; 1998, ch. 1098, § 62; 1999, ch. 374, § 3; 2000, ch. 700, § 7; 2001, ch. 158, §§ 1, 2; 2002, ch. 781, § 3; 2003 , ch. 351, § 1; 2004, ch. 778, § 3; 2007 , ch. 194, §§ 9, 10; 2012 , ch. 542, § 1.