55-50-303 - Persons not eligible for licensing Exception for temporary licenses. - Tennessee Statutes

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

(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 (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 C.F.R. parts 383 and 391; and

                (ii)  Notwithstanding subdivision (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 C.F.R. 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 the provisions of § 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)  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 ($3.00) 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.

[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.]