55-50-338 - Renewals Drug and alcohol educational pamphlets. - Tennessee Statutes

55-50-338. Renewals Drug and alcohol educational pamphlets.

(a)  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.

     (1)  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.

     (2)  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.

     (3)  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.

     (4)  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.

     (5)  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.

          (A)  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; and

                (iv)  Meet the requirements of 49 C.F.R. part 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.

          (B)  This provision does not apply to new applicants, or to persons applying for reinstatement of a driver license.

          (C)  The above provision 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) and/or 49 C.F.R. Parts 383 and 391. 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.

[Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 44, § 1; 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; T.C.A., §§ 55-7-107, 55-7-119, 55-7-338; Acts 1989, ch. 60, §§ 1, 6; 1989, ch. 137, § 2; 1992, ch. 791, § 7; 1995, ch. 386, § 1.]