Tenn. Code Ann. § 55-10-411 — TN Code / Title 55 / Chapter 10 / Section 55-10-411
Presumption of impairment - Notice of penalties for additional offenses - Allegation of prior convictions - Mandatory service of minimum sentence - No defense that person is lawful user of substance - Strip searches - Jurisdiction of general sessions court - GPS monitoring breath alcohol analyzer - Part definitions
Status: in_force

(a) For the purpose of proving a violation of § 55-10-401(a)(1) , evidence that there was, at the time alleged, eight-hundredths of one percent (0.08%) or more by weight of alcohol in the defendant's blood shall create a presumption that the defendant's ability to drive was sufficiently impaired thereby to constitute a violation of § 55-10-401(1) . (b) (1) Any person convicted of an initial or subsequent offense shall be advised, in writing, of the penalty for second and subsequent convictions, and, in addition, when pronouncing sentence the judge shall advise the defendant of the penalties for additional offenses. Written notice by the judge shall inform the defendant that a conviction for the offense of driving under the influence of an intoxicant committed in another state shall be used to enhance the punishment for a violation of § 55-10-401 committed in this state. (2) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege the prior conviction or convictions for a violation of driving under the influence of an intoxicant under § 55-10-401 , boating under the influence under § 69-9-217(a) , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction or convictions. When the state uses a conviction for the offense of driving under the influence of an intoxicant, boating under the influence, aggravated vehicular homicide, vehicular homicide, aggravated vehicular assault, vehicular assault, or adult driving while impaired committed in another state for the purpose of enhancing the punishment for a violation of § 55-10-401 , the indictment or charging instrument must allege the time, place, and state of the prior conviction. (c) No person charged with violating § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other diversion program nor shall any person convicted under such sections be eligible for suspension of sentence or probation pursuant to [former] § 40-21-101 [repealed] or any other law authorizing suspension of sentence or probation until such time as the person has fully served day for day at least the minimum sentence provided by law. (d) Nothing in chapter 591 of the Public Acts of 1989, the Sentencing Reform Act of 1989, shall be construed as altering, amending or decreasing the penalties established in this section for the offense of driving under the influence of an intoxicant. (e) The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part. (f) No person arrested for a violation of § 55-10-401 shall be subjected to a strip search or body cavity search, unless the officer has probable cause to believe the arrested person is concealing a weapon or contraband in a body cavity. Contraband includes, but is not limited to, illegal drugs. (g) No judge of the general sessions court has jurisdiction to punish any person violating § 55-10-401 under the small offense law. (h) The following definitions shall apply to this part: (1) All definitions at § 55-8-101 ; (2) "Functioning ignition interlock device" means a device that: (A) Connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device; (B) Employs technology capable of taking a photo identifying the person providing the breath sample, recording the date, time, and test result along with the photo of the person providing the breath sample and storing such information on the device for transfer to remote storage and reporting; and (C) On all new installations on or after January 1, 2024, employs global positioning system (GPS) technology that will geotag the motor vehicle's location whenever an initial startup test, a random retest, or a skipped test occurs, or when circumvention of the device is detected. The GPS technology shall not be used for continuous tracking of the vehicle; (3) "Ignition interlock provider" means an entity that has been approved and certified by the department of safety to provide the installation, monitoring and removal of functioning ignition interlock devices in this state; and (4) "Test" means any chemical test designed to determine the alcoholic or drug content of the blood. The specimen to be used for the test shall include blood, urine or breath. Amended by 2023 Tenn. Acts, ch. 20, s 1, eff. 1/1/2024. Amended by 2022 Tenn. Acts, ch. 910, s 6, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 876, s 9, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 344, s 10, eff. 5/13/2013. Amended by 2013 Tenn. Acts, ch. 154, s 11, eff. 7/1/2013. Acts 1969, ch. 292, § 7; 1973, ch. 400, § 2; T.C.A., § 59-1050.
(a) For the purpose of proving a violation of § 55-10-401(a)(1) , evidence that there was, at the time alleged, eight-hundredths of one percent (0.08%) or more by weight of alcohol in the defendant's blood shall create a presumption that the defendant's ability to drive was sufficiently impaired thereby to constitute a violation of § 55-10-401(1) .
(b) (1) Any person convicted of an initial or subsequent offense shall be advised, in writing, of the penalty for second and subsequent convictions, and, in addition, when pronouncing sentence the judge shall advise the defendant of the penalties for additional offenses. Written notice by the judge shall inform the defendant that a conviction for the offense of driving under the influence of an intoxicant committed in another state shall be used to enhance the punishment for a violation of § 55-10-401 committed in this state. (2) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege the prior conviction or convictions for a violation of driving under the influence of an intoxicant under § 55-10-401 , boating under the influence under § 69-9-217(a) , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction or convictions. When the state uses a conviction for the offense of driving under the influence of an intoxicant, boating under the influence, aggravated vehicular homicide, vehicular homicide, aggravated vehicular assault, vehicular assault, or adult driving while impaired committed in another state for the purpose of enhancing the punishment for a violation of § 55-10-401 , the indictment or charging instrument must allege the time, place, and state of the prior conviction.
(1) Any person convicted of an initial or subsequent offense shall be advised, in writing, of the penalty for second and subsequent convictions, and, in addition, when pronouncing sentence the judge shall advise the defendant of the penalties for additional offenses. Written notice by the judge shall inform the defendant that a conviction for the offense of driving under the influence of an intoxicant committed in another state shall be used to enhance the punishment for a violation of § 55-10-401 committed in this state.
(2) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege the prior conviction or convictions for a violation of driving under the influence of an intoxicant under § 55-10-401 , boating under the influence under § 69-9-217(a) , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction or convictions. When the state uses a conviction for the offense of driving under the influence of an intoxicant, boating under the influence, aggravated vehicular homicide, vehicular homicide, aggravated vehicular assault, vehicular assault, or adult driving while impaired committed in another state for the purpose of enhancing the punishment for a violation of § 55-10-401 , the indictment or charging instrument must allege the time, place, and state of the prior conviction.
(c) No person charged with violating § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other diversion program nor shall any person convicted under such sections be eligible for suspension of sentence or probation pursuant to [former] § 40-21-101 [repealed] or any other law authorizing suspension of sentence or probation until such time as the person has fully served day for day at least the minimum sentence provided by law.
(d) Nothing in chapter 591 of the Public Acts of 1989, the Sentencing Reform Act of 1989, shall be construed as altering, amending or decreasing the penalties established in this section for the offense of driving under the influence of an intoxicant.
(e) The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part.
(f) No person arrested for a violation of § 55-10-401 shall be subjected to a strip search or body cavity search, unless the officer has probable cause to believe the arrested person is concealing a weapon or contraband in a body cavity. Contraband includes, but is not limited to, illegal drugs.
(g) No judge of the general sessions court has jurisdiction to punish any person violating § 55-10-401 under the small offense law.
(h) The following definitions shall apply to this part: (1) All definitions at § 55-8-101 ; (2) "Functioning ignition interlock device" means a device that: (A) Connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device; (B) Employs technology capable of taking a photo identifying the person providing the breath sample, recording the date, time, and test result along with the photo of the person providing the breath sample and storing such information on the device for transfer to remote storage and reporting; and (C) On all new installations on or after January 1, 2024, employs global positioning system (GPS) technology that will geotag the motor vehicle's location whenever an initial startup test, a random retest, or a skipped test occurs, or when circumvention of the device is detected. The GPS technology shall not be used for continuous tracking of the vehicle; (3) "Ignition interlock provider" means an entity that has been approved and certified by the department of safety to provide the installation, monitoring and removal of functioning ignition interlock devices in this state; and (4) "Test" means any chemical test designed to determine the alcoholic or drug content of the blood. The specimen to be used for the test shall include blood, urine or breath.
(1) All definitions at § 55-8-101 ;
(2) "Functioning ignition interlock device" means a device that: (A) Connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device; (B) Employs technology capable of taking a photo identifying the person providing the breath sample, recording the date, time, and test result along with the photo of the person providing the breath sample and storing such information on the device for transfer to remote storage and reporting; and (C) On all new installations on or after January 1, 2024, employs global positioning system (GPS) technology that will geotag the motor vehicle's location whenever an initial startup test, a random retest, or a skipped test occurs, or when circumvention of the device is detected. The GPS technology shall not be used for continuous tracking of the vehicle;
(A) Connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device;
(B) Employs technology capable of taking a photo identifying the person providing the breath sample, recording the date, time, and test result along with the photo of the person providing the breath sample and storing such information on the device for transfer to remote storage and reporting; and
(C) On all new installations on or after January 1, 2024, employs global positioning system (GPS) technology that will geotag the motor vehicle's location whenever an initial startup test, a random retest, or a skipped test occurs, or when circumvention of the device is detected. The GPS technology shall not be used for continuous tracking of the vehicle;
(3) "Ignition interlock provider" means an entity that has been approved and certified by the department of safety to provide the installation, monitoring and removal of functioning ignition interlock devices in this state; and
(4) "Test" means any chemical test designed to determine the alcoholic or drug content of the blood. The specimen to be used for the test shall include blood, urine or breath.
Amended by 2023 Tenn. Acts, ch. 20, s 1, eff. 1/1/2024.
Amended by 2022 Tenn. Acts, ch. 910, s 6, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 876, s 9, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 344, s 10, eff. 5/13/2013.
Amended by 2013 Tenn. Acts, ch. 154, s 11, eff. 7/1/2013.
Acts 1969, ch. 292, § 7; 1973, ch. 400, § 2; T.C.A., § 59-1050.
Tenn. Code Ann. § 55-50-303 — TN Code / Title 55 / Chapter 50 / Section 55-50-303
Persons not eligible for licensing - Exception for temporary licenses
Status: in_force

(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. 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.
(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.
(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;
(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;
(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.
(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.
(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.
(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.
(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.
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.
Tenn. Code Ann. § 55-24-102 — TN Code / Title 55 / Chapter 24 / Section 55-24-102
Nonconforming vehicles - Reports - Repairs
Status: in_force

If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that the repairs are made after the expiration of the term. Any corrections or attempted corrections undertaken by an authorized dealer under this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed. Acts 1986, ch. 857, § 2; T.C.A. § 55-24-202.
If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that the repairs are made after the expiration of the term. Any corrections or attempted corrections undertaken by an authorized dealer under this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed.
Acts 1986, ch. 857, § 2; T.C.A. § 55-24-202.
Tenn. Code Ann. § 55-3-102 — TN Code / Title 55 / Chapter 3 / Section 55-3-102
Driving or moving unregistered vehicle upon highway a misdemeanor - Exception
Status: in_force

(a) (1) It is a Class C misdemeanor for any person to: (A) Drive or move or for any owner knowingly to permit to be driven or moved on any highway any vehicle of a type required to be registered under chapters 1-6 of this title that is not registered or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title; or (B) Operate or for any owner knowingly to permit to be operated on lands, other than a highway, an off-highway motor vehicle for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title. (2) Notwithstanding subdivisions (a)(1)(A) and (B), when application accompanied by proper fee has been made for a certificate of title for a vehicle, the vehicle may be operated temporarily pending issuance of a certificate of title upon displaying a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the vehicle has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee. (b) (1) It is a Class C misdemeanor for any person to occupy or for any owner knowingly to permit to be occupied any mobile home or house trailer required to be registered under chapters 1-6 of this title, that is not registered, for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title. (2) Notwithstanding subdivision (b)(1), when an application accompanied by proper fee has been made for a certificate of title for a mobile home or house trailer, the mobile home or house trailer may be occupied temporarily pending issuance of a certificate of title upon the displaying of a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the house trailer has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee. (c) The duly authorized agent, employee, or representative of any town, city, incorporated municipality, county, and the department are authorized and empowered to enforce chapters 1-6 of this title, and the agent, employee or representative shall be expressly authorized without the necessity of a search warrant to go upon the premises, land or real property of any person for the purpose of inspection or examination of any mobile home or house trailer, located on the property, for the purpose of carrying out chapters 1-6 of this title. Acts 1951, ch. 70, § 27 (Williams, § 5538.127); Acts 1963, ch. 143, § 4; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-302; Acts 1983, ch. 102, § 2; 1988, ch. 817, § 2; 1989, ch. 591, § 113; 1995, ch. 305, § 108.
(a) (1) It is a Class C misdemeanor for any person to: (A) Drive or move or for any owner knowingly to permit to be driven or moved on any highway any vehicle of a type required to be registered under chapters 1-6 of this title that is not registered or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title; or (B) Operate or for any owner knowingly to permit to be operated on lands, other than a highway, an off-highway motor vehicle for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title. (2) Notwithstanding subdivisions (a)(1)(A) and (B), when application accompanied by proper fee has been made for a certificate of title for a vehicle, the vehicle may be operated temporarily pending issuance of a certificate of title upon displaying a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the vehicle has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee.
(1) It is a Class C misdemeanor for any person to: (A) Drive or move or for any owner knowingly to permit to be driven or moved on any highway any vehicle of a type required to be registered under chapters 1-6 of this title that is not registered or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title; or (B) Operate or for any owner knowingly to permit to be operated on lands, other than a highway, an off-highway motor vehicle for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title.
(A) Drive or move or for any owner knowingly to permit to be driven or moved on any highway any vehicle of a type required to be registered under chapters 1-6 of this title that is not registered or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title; or
(B) Operate or for any owner knowingly to permit to be operated on lands, other than a highway, an off-highway motor vehicle for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title.
(2) Notwithstanding subdivisions (a)(1)(A) and (B), when application accompanied by proper fee has been made for a certificate of title for a vehicle, the vehicle may be operated temporarily pending issuance of a certificate of title upon displaying a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the vehicle has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee.
(b) (1) It is a Class C misdemeanor for any person to occupy or for any owner knowingly to permit to be occupied any mobile home or house trailer required to be registered under chapters 1-6 of this title, that is not registered, for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title. (2) Notwithstanding subdivision (b)(1), when an application accompanied by proper fee has been made for a certificate of title for a mobile home or house trailer, the mobile home or house trailer may be occupied temporarily pending issuance of a certificate of title upon the displaying of a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the house trailer has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee.
(1) It is a Class C misdemeanor for any person to occupy or for any owner knowingly to permit to be occupied any mobile home or house trailer required to be registered under chapters 1-6 of this title, that is not registered, for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title.
(2) Notwithstanding subdivision (b)(1), when an application accompanied by proper fee has been made for a certificate of title for a mobile home or house trailer, the mobile home or house trailer may be occupied temporarily pending issuance of a certificate of title upon the displaying of a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the house trailer has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee.
(c) The duly authorized agent, employee, or representative of any town, city, incorporated municipality, county, and the department are authorized and empowered to enforce chapters 1-6 of this title, and the agent, employee or representative shall be expressly authorized without the necessity of a search warrant to go upon the premises, land or real property of any person for the purpose of inspection or examination of any mobile home or house trailer, located on the property, for the purpose of carrying out chapters 1-6 of this title.
Acts 1951, ch. 70, § 27 (Williams, § 5538.127); Acts 1963, ch. 143, § 4; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-302; Acts 1983, ch. 102, § 2; 1988, ch. 817, § 2; 1989, ch. 591, § 113; 1995, ch. 305, § 108.
Tenn. Code Ann. § 55-17-111 — TN Code / Title 55 / Chapter 17 / Section 55-17-111
Application for license - Contents - Bond - Report of changes
Status: in_force

(a) The commission shall prescribe and provide forms to be used for applications for licenses and for the renewals thereof to be issued under the terms and provisions of this part, and require all applicants and their enfranchised manufacturers, as a condition precedent to the issuance of a license, to provide information touching on and concerning the applicant's character, honesty, integrity, reputation and business relationships and ability as the commission may deem necessary; provided, that every application for a new dealer's license shall contain, in addition to any information that the commission may require, a statement to the following facts: (1) The name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct business; (A) If the applicant is a co-partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; (B) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers, directors and all persons owning more than five percent (5%) of outstanding shares of stock issued by the corporation; (2) A complete description, including the city, town, or village with the street and number, if any, of the permanent, established place of business and other and additional place or places of business as shall be operated and maintained by the applicant in conjunction with the permanent, established place of business; (3) A financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application and copies of the most current financial information furnished to the manufacturer, distributor or their representatives under the terms of any franchise agreements; (4) The trade name or trade names or line-make or line-makes of the new motor vehicle or vehicles that the applicant is or has been franchised to sell or exchange and the name or names and address of any manufacturer or distributor who has enfranchised the applicant; (5) Whether the applicant proposes to sell new or used motor vehicles or both; (6) Evidence that the motor vehicle dealer applicant is the holder of a current business tax license indicating that the applicant's business is that of a motor vehicle dealer; (7) A duly executed service agreement on forms provided by the commission with a factory authorized service or repair garage within a reasonable distance from the applicant's established place of business, if the motor vehicle dealer applicant does not have facilities at the dealer's established place of business to service or repair motor vehicles; and (8) A statement that the applicant is or applicants are or intend to be primarily engaged in business as a motor vehicle dealer and that this activity constitutes or will constitute the principal business of the applicant or applicants. (b) All applications for licenses required to be obtained under this chapter shall be verified by oath or affirmation of the applicant or applicants. (c) All applications shall be accompanied by the payment of the fee prescribed by § 55-17-112 . In the event that any application is denied or the license applied for is not issued, seventy-five percent (75%) of the license fee shall be refunded to the applicant or applicants. (d) In addition to the requirements enumerated above, each automobile auction or branch thereof must submit with its application a corporate surety bond in the amount of fifty thousand dollars ($50,000) on forms provided by the commission. Every bond shall provide for suit thereon by any person, including the state, who has a cause of action under this chapter. Every bond shall also provide that no suit may be maintained to enforce any liability on the bond unless brought within two (2) years after the event giving rise to the cause of action. (e) A dealer must submit a change of address, ownership, employment, trade name, or line-make of motor vehicle a dealer is franchised to handle to the commission, in writing, within thirty (30) days from the date of the change. A dealer must notify the commission of the termination of a salesperson's employment, in writing, within thirty (30) days of the termination. (f) If a motor vehicle salesperson desires to change employment from one (1) dealer to another, then that salesperson must submit a transfer application to the commission. The salesperson may begin employment with another dealer upon submitting the transfer application and paying any associated fees. (g) (1) Each application for a license or renewal of a license of a motor vehicle dealer shall be accompanied by evidence satisfactory to the commission that the dealer has a surety bond in the amount of at least fifty thousand dollars ($50,000) in force. A letter of credit shall not be satisfactory evidence of a surety bond in the required amount. (2) (A) The bond is for the benefit of any person who suffers loss because of either: (i) Nonpayment by the dealer of a retail customer's prepaid title, registration or other related fees or taxes; or (ii) The dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle. (B) The aggregate liability of the surety to all persons shall in no event exceed the amount of this bond. (3) In lieu of a corporate surety on the bond required by subdivision (g)(1), the commission may allow the dealer to secure the bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, that has a face value equal to the amount of the bond. The collateral may be deposited with or executed through any authorized state depository designated by the commission. Interest on any deposited certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the dealer or the certificate may direct. (4) No license so issued shall be transferable, and a separate license shall be required for each separate place of business and shall be prominently displayed in the place of business operated by the person to whom the license is issued. (5) Any surety is required to provide sixty (60) days' notice of cancellation of the bond or certificate of deposit or letter of credit to the commission. (h) (1) All applications for issuance or renewal of a motor vehicle dealer license shall contain an attestation that the applicant will comply with each of the following requirements: (A) The applicant shall maintain the surety bond required by subsections (d) and (g), as applicable, in full force and effect during all times that the license is active; and (B) The applicant shall notify the commission upon a change in ownership or location of the dealership as required by § 55-17-113 . (2) Additionally, all applications for issuance or renewal of a motor vehicle dealer license shall contain the following statement, immediately following the attestation required by subdivision (h)(1): FAILURE TO MAINTAIN A SURETY BOND AS REQUIRED BY T.C.A. § 55-17-111 , OR NOTIFY THE MOTOR VEHICLE COMMISSION OF A CHANGE IN THE OWNERSHIP OR LOCATION OF THE DEALERSHIP AS REQUIRED BY T.C.A. § 55-17-113 , MAY RESULT IN THE ASSESSMENT OF A CIVIL PENALTY AND/OR SUSPENSION OR REVOCATION OF THE MOTOR VEHICLE DEALER LICENSE. Amended by 2021 Tenn. Acts, ch. 549, s 7, eff. 10/1/2021. Amended by 2013 Tenn. Acts, ch. 192, s 1, eff. 7/1/2013. Acts 1955, ch. 79, § 4; 1955, ch. 322, § 1; 1959, ch. 25, §§ 4, 6; 1963, ch. 109, §§ 3, 4; 1977, ch. 162, § 21; 1977, ch. 450, § 3; 1978, ch. 885, § 1; 1979, ch. 2, § 2; T.C.A., § 59-1711; Acts 1993, ch. 321, § 1; 1997 , ch. 101, § 1; 1999, ch. 148, § 1; 2006, ch. 526, § 1; 2008 , ch. 736, §§ 1, 2.
(a) The commission shall prescribe and provide forms to be used for applications for licenses and for the renewals thereof to be issued under the terms and provisions of this part, and require all applicants and their enfranchised manufacturers, as a condition precedent to the issuance of a license, to provide information touching on and concerning the applicant's character, honesty, integrity, reputation and business relationships and ability as the commission may deem necessary; provided, that every application for a new dealer's license shall contain, in addition to any information that the commission may require, a statement to the following facts: (1) The name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct business; (A) If the applicant is a co-partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; (B) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers, directors and all persons owning more than five percent (5%) of outstanding shares of stock issued by the corporation; (2) A complete description, including the city, town, or village with the street and number, if any, of the permanent, established place of business and other and additional place or places of business as shall be operated and maintained by the applicant in conjunction with the permanent, established place of business; (3) A financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application and copies of the most current financial information furnished to the manufacturer, distributor or their representatives under the terms of any franchise agreements; (4) The trade name or trade names or line-make or line-makes of the new motor vehicle or vehicles that the applicant is or has been franchised to sell or exchange and the name or names and address of any manufacturer or distributor who has enfranchised the applicant; (5) Whether the applicant proposes to sell new or used motor vehicles or both; (6) Evidence that the motor vehicle dealer applicant is the holder of a current business tax license indicating that the applicant's business is that of a motor vehicle dealer; (7) A duly executed service agreement on forms provided by the commission with a factory authorized service or repair garage within a reasonable distance from the applicant's established place of business, if the motor vehicle dealer applicant does not have facilities at the dealer's established place of business to service or repair motor vehicles; and (8) A statement that the applicant is or applicants are or intend to be primarily engaged in business as a motor vehicle dealer and that this activity constitutes or will constitute the principal business of the applicant or applicants.
(1) The name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct business; (A) If the applicant is a co-partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; (B) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers, directors and all persons owning more than five percent (5%) of outstanding shares of stock issued by the corporation;
(A) If the applicant is a co-partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted;
(B) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers, directors and all persons owning more than five percent (5%) of outstanding shares of stock issued by the corporation;
(2) A complete description, including the city, town, or village with the street and number, if any, of the permanent, established place of business and other and additional place or places of business as shall be operated and maintained by the applicant in conjunction with the permanent, established place of business;
(3) A financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application and copies of the most current financial information furnished to the manufacturer, distributor or their representatives under the terms of any franchise agreements;
(4) The trade name or trade names or line-make or line-makes of the new motor vehicle or vehicles that the applicant is or has been franchised to sell or exchange and the name or names and address of any manufacturer or distributor who has enfranchised the applicant;
(5) Whether the applicant proposes to sell new or used motor vehicles or both;
(6) Evidence that the motor vehicle dealer applicant is the holder of a current business tax license indicating that the applicant's business is that of a motor vehicle dealer;
(7) A duly executed service agreement on forms provided by the commission with a factory authorized service or repair garage within a reasonable distance from the applicant's established place of business, if the motor vehicle dealer applicant does not have facilities at the dealer's established place of business to service or repair motor vehicles; and
(8) A statement that the applicant is or applicants are or intend to be primarily engaged in business as a motor vehicle dealer and that this activity constitutes or will constitute the principal business of the applicant or applicants.
(b) All applications for licenses required to be obtained under this chapter shall be verified by oath or affirmation of the applicant or applicants.
(c) All applications shall be accompanied by the payment of the fee prescribed by § 55-17-112 . In the event that any application is denied or the license applied for is not issued, seventy-five percent (75%) of the license fee shall be refunded to the applicant or applicants.
(d) In addition to the requirements enumerated above, each automobile auction or branch thereof must submit with its application a corporate surety bond in the amount of fifty thousand dollars ($50,000) on forms provided by the commission. Every bond shall provide for suit thereon by any person, including the state, who has a cause of action under this chapter. Every bond shall also provide that no suit may be maintained to enforce any liability on the bond unless brought within two (2) years after the event giving rise to the cause of action.
(e) A dealer must submit a change of address, ownership, employment, trade name, or line-make of motor vehicle a dealer is franchised to handle to the commission, in writing, within thirty (30) days from the date of the change. A dealer must notify the commission of the termination of a salesperson's employment, in writing, within thirty (30) days of the termination.
(f) If a motor vehicle salesperson desires to change employment from one (1) dealer to another, then that salesperson must submit a transfer application to the commission. The salesperson may begin employment with another dealer upon submitting the transfer application and paying any associated fees.
(g) (1) Each application for a license or renewal of a license of a motor vehicle dealer shall be accompanied by evidence satisfactory to the commission that the dealer has a surety bond in the amount of at least fifty thousand dollars ($50,000) in force. A letter of credit shall not be satisfactory evidence of a surety bond in the required amount. (2) (A) The bond is for the benefit of any person who suffers loss because of either: (i) Nonpayment by the dealer of a retail customer's prepaid title, registration or other related fees or taxes; or (ii) The dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle. (B) The aggregate liability of the surety to all persons shall in no event exceed the amount of this bond. (3) In lieu of a corporate surety on the bond required by subdivision (g)(1), the commission may allow the dealer to secure the bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, that has a face value equal to the amount of the bond. The collateral may be deposited with or executed through any authorized state depository designated by the commission. Interest on any deposited certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the dealer or the certificate may direct. (4) No license so issued shall be transferable, and a separate license shall be required for each separate place of business and shall be prominently displayed in the place of business operated by the person to whom the license is issued. (5) Any surety is required to provide sixty (60) days' notice of cancellation of the bond or certificate of deposit or letter of credit to the commission.
(1) Each application for a license or renewal of a license of a motor vehicle dealer shall be accompanied by evidence satisfactory to the commission that the dealer has a surety bond in the amount of at least fifty thousand dollars ($50,000) in force. A letter of credit shall not be satisfactory evidence of a surety bond in the required amount.
(2) (A) The bond is for the benefit of any person who suffers loss because of either: (i) Nonpayment by the dealer of a retail customer's prepaid title, registration or other related fees or taxes; or (ii) The dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle. (B) The aggregate liability of the surety to all persons shall in no event exceed the amount of this bond.
(A) The bond is for the benefit of any person who suffers loss because of either: (i) Nonpayment by the dealer of a retail customer's prepaid title, registration or other related fees or taxes; or (ii) The dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle.
(i) Nonpayment by the dealer of a retail customer's prepaid title, registration or other related fees or taxes; or
(ii) The dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle.
(B) The aggregate liability of the surety to all persons shall in no event exceed the amount of this bond.
(3) In lieu of a corporate surety on the bond required by subdivision (g)(1), the commission may allow the dealer to secure the bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, that has a face value equal to the amount of the bond. The collateral may be deposited with or executed through any authorized state depository designated by the commission. Interest on any deposited certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the dealer or the certificate may direct.
(4) No license so issued shall be transferable, and a separate license shall be required for each separate place of business and shall be prominently displayed in the place of business operated by the person to whom the license is issued.
(5) Any surety is required to provide sixty (60) days' notice of cancellation of the bond or certificate of deposit or letter of credit to the commission.
(h) (1) All applications for issuance or renewal of a motor vehicle dealer license shall contain an attestation that the applicant will comply with each of the following requirements: (A) The applicant shall maintain the surety bond required by subsections (d) and (g), as applicable, in full force and effect during all times that the license is active; and (B) The applicant shall notify the commission upon a change in ownership or location of the dealership as required by § 55-17-113 . (2) Additionally, all applications for issuance or renewal of a motor vehicle dealer license shall contain the following statement, immediately following the attestation required by subdivision (h)(1): FAILURE TO MAINTAIN A SURETY BOND AS REQUIRED BY T.C.A. § 55-17-111 , OR NOTIFY THE MOTOR VEHICLE COMMISSION OF A CHANGE IN THE OWNERSHIP OR LOCATION OF THE DEALERSHIP AS REQUIRED BY T.C.A. § 55-17-113 , MAY RESULT IN THE ASSESSMENT OF A CIVIL PENALTY AND/OR SUSPENSION OR REVOCATION OF THE MOTOR VEHICLE DEALER LICENSE.
(1) All applications for issuance or renewal of a motor vehicle dealer license shall contain an attestation that the applicant will comply with each of the following requirements: (A) The applicant shall maintain the surety bond required by subsections (d) and (g), as applicable, in full force and effect during all times that the license is active; and (B) The applicant shall notify the commission upon a change in ownership or location of the dealership as required by § 55-17-113 .
(A) The applicant shall maintain the surety bond required by subsections (d) and (g), as applicable, in full force and effect during all times that the license is active; and
(B) The applicant shall notify the commission upon a change in ownership or location of the dealership as required by § 55-17-113 .
(2) Additionally, all applications for issuance or renewal of a motor vehicle dealer license shall contain the following statement, immediately following the attestation required by subdivision (h)(1): FAILURE TO MAINTAIN A SURETY BOND AS REQUIRED BY T.C.A. § 55-17-111 , OR NOTIFY THE MOTOR VEHICLE COMMISSION OF A CHANGE IN THE OWNERSHIP OR LOCATION OF THE DEALERSHIP AS REQUIRED BY T.C.A. § 55-17-113 , MAY RESULT IN THE ASSESSMENT OF A CIVIL PENALTY AND/OR SUSPENSION OR REVOCATION OF THE MOTOR VEHICLE DEALER LICENSE.
FAILURE TO MAINTAIN A SURETY BOND AS REQUIRED BY T.C.A. § 55-17-111 , OR NOTIFY THE MOTOR VEHICLE COMMISSION OF A CHANGE IN THE OWNERSHIP OR LOCATION OF THE DEALERSHIP AS REQUIRED BY T.C.A. § 55-17-113 , MAY RESULT IN THE ASSESSMENT OF A CIVIL PENALTY AND/OR SUSPENSION OR REVOCATION OF THE MOTOR VEHICLE DEALER LICENSE.
Amended by 2021 Tenn. Acts, ch. 549, s 7, eff. 10/1/2021.
Amended by 2013 Tenn. Acts, ch. 192, s 1, eff. 7/1/2013.
Acts 1955, ch. 79, § 4; 1955, ch. 322, § 1; 1959, ch. 25, §§ 4, 6; 1963, ch. 109, §§ 3, 4; 1977, ch. 162, § 21; 1977, ch. 450, § 3; 1978, ch. 885, § 1; 1979, ch. 2, § 2; T.C.A., § 59-1711; Acts 1993, ch. 321, § 1; 1997 , ch. 101, § 1; 1999, ch. 148, § 1; 2006, ch. 526, § 1; 2008 , ch. 736, §§ 1, 2.
Tenn. Code Ann. § 55-50-502 — TN Code / Title 55 / Chapter 50 / Section 55-50-502
Suspension of licenses - Hearings - Period of suspension or revocation - Surrender of license - Restricted license - Operating under license of another jurisdiction prohibited - Appeal
Status: in_force

(a) (1) The department is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee: (A) Has committed an offense for which mandatory revocation of license is required upon conviction; provided, that in the event of a conviction resulting from the offense, the time of mandatory revocation shall be counted from the date upon which the driver license was received by the department or the circuit court clerk; (B) Has contributed as a driver in any accident resulting in the death or personal injury of another or serious property damage; (C) Has been convicted with a frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways. For purposes of this subdivision (a)(1)(C), no conviction of exceeding the speed limit in a state other than Tennessee shall be considered by the department unless the conviction was for exceeding the lawful speed in the other state by more than five miles per hour (5 mph). This five miles per hour (5 mph) allowance shall not apply in marked school zones; (D) Is an habitually reckless or negligent driver of a motor vehicle; (E) Is incompetent to drive a motor vehicle; (F) Has permitted an unlawful or fraudulent use of the license; (G) Has committed an offense in another state that if committed in this state would be grounds for suspension or revocation; (H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense; (I) Has failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic. No license shall be suspended pursuant to this subdivision (a)(1)(I) for failure to appear in court on or failure to pay a parking ticket or citation or for a violation of § 55-9-603 . Any request from the court for suspension under this subdivision (a)(1)(I) must be submitted to the department of safety within six (6) months of the violation date. No suspension action shall be taken by the department unless the request is made within six (6) months of the violation date except in the case where the driver is a commercial license holder, or the violation occurred in a commercial motor vehicle. Prior to suspending the license of any person as authorized in this subsection (a), the department shall notify the licensee in writing of the proposed suspension and, upon the licensee's request, shall afford the licensee an opportunity for a hearing to show that there is an error in the records received by the department; provided, that the request is made within thirty (30) days following the notification of proposed suspension or cancellation. Failure to make the request within the time specified shall without exception constitute a waiver of that right; (J) Is under eighteen (18) years of age and has withdrawn either voluntarily or involuntarily from a secondary school as provided in § 49-6-3017 ; or (K) (i) Has contributed as a driver to the occurrence of an accident on school property, or on a highway with special speed limits, in which a pedestrian child suffers serious bodily injury as the result of the accident; (ii) As used in this subdivision (a)(1)(K), unless the context otherwise requires: (a) "Highway with special speed limits" means any highway with reduced speed limits, authorized pursuant to § 55-8-152 , when a warning flasher or flashers are in operation, and while children are actually present; (b) "Pedestrian child" means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair; (c) "School property" means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and (d) "Serious bodily injury" means bodily injury that involves: (1) A substantial risk of death; (2) Protracted unconsciousness; (3) Extreme physical pain; (4) Protracted or obvious disfigurement; or (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty. (2) No municipal law enforcement officer is authorized to seize the license of an operator or chauffeur for a traffic offense in violation of a municipal ordinance or a traffic offense as provided in chapter 8 of this title. (b) (1) The department is authorized to cancel any operator's or chauffeur's license upon determining that the licensee was not entitled to the issuance of the license or that the licensee failed to give the required or correct information in the application or committed any fraud in making the application. (2) Upon the cancellation, the licensee must surrender the license so cancelled to the department. (c) (1) The department, upon suspending or revoking a license, shall require that the license be surrendered to and be retained by the department. Prior to the reissuance of any license revoked because of a conviction of driving while under the influence of liquor or an intoxicating drug, after a second or subsequent conviction, the department shall require the owner to submit evidence that the owner has completed a program of alcohol or drug abuse education, or has completed treatment by a physician board certified or eligible in psychiatry or a licensed psychologist certified with competence in clinical psychology; or, at a facility licensed by the department of mental health and substance abuse services to provide this treatment. Certification of the psychiatrist or clinical psychologist or facility licensed by the department of mental health and substance abuse services under this section is not to be construed as a prediction of future behavior but merely certification of completion of the program. (2) When the examination, as required by this subsection (c), is administered by a state supported mental health facility, the facility and medical doctors or doctors of psychology employed by the facility who administer the examinations within the course and scope of the doctor's authority under the statute, shall be immune from tort liability for the proper dissemination of any report or findings to the department of safety that results from the examination; provided, that this immunity shall not extend to any other person, institution, or other member of the private sector, not employed or attached to a state supported mental health facility. (3) (A) (i) The trial judge of the court, in which the trial for the offense of operating a vehicle under the influence of alcohol or an intoxicating drug is pending, may order the issuance of a restricted license. The restricted license may only allow the person arrested to operate a motor vehicle for the purpose of going to and from, and working at, the person's regular place of employment, or to operate only a motor vehicle that is equipped with a functioning ignition interlock device, during the period of time between arrest and conviction, dismissal or acquittal. Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. The trial judge may order the issuance of a restricted license allowing a person, whose license has been suspended due to a conviction for violating § 39-14-151 or chapter 10, part 5 of this title, to operate a motor vehicle for the purpose of going to and from and working at the person's regular place of employment. (ii) A resident of this state, whose operator's license has been suspended because of an arrest in another jurisdiction on a charge of operating a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, may apply for a restricted motor vehicle operator's license during the period of time between arrest and conviction, dismissal or acquittal. Such resident shall apply for the license with any court of the county of the person's residence having jurisdiction to try charges. (iii) Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. (B) The judge may order the issuance of a restricted license, if: (i) Based upon the records of the department of safety the person does not have a prior conviction for a violation of vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or, if the conviction occurs in another state, does not constitute a prior conviction pursuant to § 55-10-405(b) ; (ii) No person was seriously injured or killed in the course of the conduct that resulted in the driver's conviction under § 55-10-401 . (C) If the trial judge imposes geographic restrictions, the trial judge may issue the order allowing the person so convicted to operate a motor vehicle for the limited purposes of going to and from: (i) And working at the person's regular place of employment; (ii) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (iii) A court-ordered alcohol safety program; (iv) A college or university in the case of a student enrolled full time in the college or university; (v) A scheduled interlock monitoring appointment; (vi) A court ordered outpatient alcohol and drug treatment program; and (vii) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c) . (D) If the violation resulting in the person's conviction for driving under the influence occurred prior to July 1, 2013, the law in effect when the violation occurred shall govern the person's eligibility for a restricted motor vehicle operator license unless the person petitions the court to consider the person's eligibility under the law in effect when the petition is filed. (E) The person so arrested may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall forthwith issue a restricted license embodying the limitations imposed in the order. (4) Where a nonresident whose license has been suspended or revoked by any other state subsequently becomes a bona fide resident of this state, and where the person has been granted a restricted license by the other state if the triggering offense would under the laws of this state provide for the issuance of a restricted driver license upon petition to a judge of the court of general sessions, or its equivalent, for the county wherein the person resides, the court may order the issuance of a restricted motor vehicle operator's license. The court shall have discretion to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device or place additional limitations on the person's restricted license; provided, however, that a restricted license issued pursuant to this subdivision (c)(4) without an ignition interlock requirement shall be subject to geographic restrictions, as provided in subdivision (c)(3), during the mandatory revocation/suspension period. If the person has a prior conviction within the past ten (10) years for a violation of § 55-10-401 or § 55-10-421 , in this state or a similar offense in any other jurisdiction, the court shall be required to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device. The person may obtain a certified copy of the order and within thirty (30) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall then issue a restricted license embodying the limitations imposed in the order. (d) (1) This subsection (d) applies statewide. (2) A person whose license has been suspended, pursuant to subdivision (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2) , the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(I), may be included in such payment plan, subject to the approval of the court. (3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court, or court clerk of the jurisdiction that the person has entered into a payment plan with the local court or the court clerk of the jurisdiction and has satisfied all other provisions of law relating to the issuance and restoration of a driver license. (4) 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 local court's or 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. (5) Any person who has defaulted on a pay plan to pay fines and costs for suspension actions taken under subdivision (a)(1)(I), shall not be eligible to participate in a payment plan, nor shall the department of safety have the authority to accept a payment plan as a condition precedent to the restoration of driving privileges. (6) Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d). (e) (1) Any resident or nonresident whose operator's or chauffeur's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter. (2) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder is subject to suspension or revocation by the department in like manner and for like cause as an operator's or chauffeur's license issued under this chapter may be suspended or revoked. (3) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (4) The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of an operator or chauffeur. (f) (1) The department shall not suspend a driver license or privilege to drive a motor vehicle on the public highways for a period of more than six (6) months for a first offense nor more than one (1) year for a subsequent offense, except as permitted under § 55-50-504 , unless in any case an order of a court provides for a longer period of suspension. At the end of the period for which a license has been suspended, the department is authorized, in its discretion, to require a reexamination of the licensee as a prerequisite to the reissuance of the license. (2) Any person whose license is suspended for driving under the influence of drugs or intoxicants, or for refusal to submit to a blood test under §§ 55-10-406 and 55-10-407 , shall have the period of suspension computed from the time that the person's driver license was actually taken from the person's possession, and the period of license suspension shall begin to run from that point until the license is returned. (3) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of one (1) year or the period of suspension prescribed by a court from the date on which the revoked license was surrendered to and received by the department, the person may make application for a new license as provided by law, but the department shall not issue a new license unless and until it is satisfied after investigation of the character, habits and driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. No license that has been revoked, on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle, shall be reissued except as provided in § 55-50-501(a)(1) . (4) Where the revocation involved is the first revocation of the license or privilege of the person, the application for a new license may be made after the expiration of six (6) months from the date on which the revoked license was surrendered and received by the department. No license that has been revoked on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle shall be reissued except as provided in § 55-50-501(a)(1) . (g) When considering the suspension of a driver license, the department may take into account offenses committed by that driver outside this state and reported to the department only if the offenses would, under the laws of this state, be considered grounds for suspension in this state. If the offenses would be grounds for suspension in the state of conviction, but not in this state they shall be disregarded by the department. (h) Drivers of commercial motor vehicles shall have their licenses suspended for violations and for the length of time specified in § 55-50-405 . (i) (1) The department shall establish a method by which any person who makes application for or who holds a commercial driver license may elect an alternate address to which any suspension notices shall be mailed. (2) At least two (2) times per month during two (2) different weeks of the month, the department shall make available for public inspection a list of persons whose commercial driver license has been suspended. (j) (1) The court shall require every licensee who is convicted of a driving offense and who does not pay the assessed fines and costs in full on the date of disposition to make payments pursuant to an installment payment plan. (2) The clerk of any court that handles traffic citations shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of a driving offense. (3) A person may request, and the court clerk shall grant, modifications to a payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown. (4) (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (j) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (j)(6). (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (j). (C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (j), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(4)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(4)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(4)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (j)(4) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order and paying the application fee to the department in accordance with subdivision (j)(5)(B), the department shall issue a restricted license in place of the suspended license. (5) (A) A restricted license issued pursuant to this subsection (j) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person 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 driver license. (6) (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (j), the court clerk shall notify the department of the person's failure to comply with the payment plan. (B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(6)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(6)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(6)(B)(ii), then the department shall not revoke the person's restricted license. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (j)(6) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (j)(2). (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (j)(6)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (j)(5)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification 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 certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license. (7) Notwithstanding this subsection (j), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license. (8) The process described by this subsection (j) applies until the person fully pays the moneys owed the court or any outstanding fines or costs are waived by the court. (9) If otherwise eligible for a driver license, any person whose driver license was suspended under subdivision (a)(1)(H), prior to July 1, 2019, for nonpayment of court costs or fines may apply to the court having original jurisdiction over the traffic offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (j). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license. (10) A restricted license issued under this subsection (j) shall not be subject to the requirements of § 55-12-114(b) . (k) (1) This subsection (k) shall apply only in any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census. (2) Notwithstanding § 28-3-110 , the court clerk of any municipality may establish an accounts receivable amnesty plan for payment of any outstanding judgment resulting from failure to pay local fines or costs owed by a person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I). The plan shall allow the person to pay the outstanding judgment, older than ten (10) years after the cause of action has commenced, at a reduced rate of fifty percent (50%) during the first six fiscal months of each year. (3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the court clerk of any municipality that the person has paid pursuant to this subsection (k) and has satisfied all other provisions of law relating to the issuance and restoration of a driver license. Amended by 2022 Tenn. Acts, ch. 878, s 6, eff. 4/14/2022. Amended by 2019 Tenn. Acts, ch. 438, Secs.s 2, s 3 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 438, s 1, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 876, s 11, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 587, s 6, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 344, s 19, eff. 5/13/2013. Amended by 2013 Tenn. Acts, ch. 154, s 48, Sec.s 52 eff. 7/1/2013. Acts 1937, ch. 90, § 12; impl. am. Acts 1939, ch. 205, §§ 2, 3; Acts 1939, ch. 205, § 6; 1949, ch. 65, § 1; C. Supp. 1950, § 2715.20 (Williams, § 2715.25); Acts 1955, ch. 114, §§ 6-9; 1957, ch. 241, §§ 2, 3; 1971, ch. 135, § 1; 1971, ch. 243, § 1; 1973, ch. 64, § 1; 1973, ch. 319, § 1; 1975, ch. 238, § 1; 1976, ch. 450, § 1; 1976, ch. 570, § 1; 1976, ch. 607, § 1; 1978, ch. 660, §§ 2, 3; T.C.A. (orig. ed.), § 59-713; Acts 1980, ch. 547, § 1; 1980, ch. 685, §§ 1, 2; 1980, ch. 817, § 3; 1982, ch. 745, § 1; 1984, ch. 861, §§ 1, 2; 1986, ch. 738, § 3; 1986, ch. 842, §§ 3, 4; 1988, ch. 584, § 11; 1988, ch. 664, § 1; T.C.A., §§ 55-7-113 , 55-7-502; Acts 1989, ch. 156, § 1; 1990, ch. 819, § 4; 1991, ch. 296, § 1; 1995, ch. 156, § 1; 1996, ch. 763, § 3; 1997 , ch. 438, §§ 1, 2; 1998, ch. 682, § 6; 1998, ch. 900, § 1; 1999, ch. 140, §§ 1 - 3; 2000, ch. 863, § 3; 2000, ch. 892, § 2; 2000, ch. 947, § 6; 2002, ch. 546, § 3; 2005, ch. 155, § 1; 2005, ch. 241, § 1; 2005, ch. 468, § 1; 2007 , ch. 171, § 2; 2007 , ch. 279, § 1; 2010 , ch. 1029, §§ 1, 2; 2010 , ch. 1100, § 89; 2011 , ch. 81, § 1; 2012 , ch. 575, § 1.
(a) (1) The department is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee: (A) Has committed an offense for which mandatory revocation of license is required upon conviction; provided, that in the event of a conviction resulting from the offense, the time of mandatory revocation shall be counted from the date upon which the driver license was received by the department or the circuit court clerk; (B) Has contributed as a driver in any accident resulting in the death or personal injury of another or serious property damage; (C) Has been convicted with a frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways. For purposes of this subdivision (a)(1)(C), no conviction of exceeding the speed limit in a state other than Tennessee shall be considered by the department unless the conviction was for exceeding the lawful speed in the other state by more than five miles per hour (5 mph). This five miles per hour (5 mph) allowance shall not apply in marked school zones; (D) Is an habitually reckless or negligent driver of a motor vehicle; (E) Is incompetent to drive a motor vehicle; (F) Has permitted an unlawful or fraudulent use of the license; (G) Has committed an offense in another state that if committed in this state would be grounds for suspension or revocation; (H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense; (I) Has failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic. No license shall be suspended pursuant to this subdivision (a)(1)(I) for failure to appear in court on or failure to pay a parking ticket or citation or for a violation of § 55-9-603 . Any request from the court for suspension under this subdivision (a)(1)(I) must be submitted to the department of safety within six (6) months of the violation date. No suspension action shall be taken by the department unless the request is made within six (6) months of the violation date except in the case where the driver is a commercial license holder, or the violation occurred in a commercial motor vehicle. Prior to suspending the license of any person as authorized in this subsection (a), the department shall notify the licensee in writing of the proposed suspension and, upon the licensee's request, shall afford the licensee an opportunity for a hearing to show that there is an error in the records received by the department; provided, that the request is made within thirty (30) days following the notification of proposed suspension or cancellation. Failure to make the request within the time specified shall without exception constitute a waiver of that right; (J) Is under eighteen (18) years of age and has withdrawn either voluntarily or involuntarily from a secondary school as provided in § 49-6-3017 ; or (K) (i) Has contributed as a driver to the occurrence of an accident on school property, or on a highway with special speed limits, in which a pedestrian child suffers serious bodily injury as the result of the accident; (ii) As used in this subdivision (a)(1)(K), unless the context otherwise requires: (a) "Highway with special speed limits" means any highway with reduced speed limits, authorized pursuant to § 55-8-152 , when a warning flasher or flashers are in operation, and while children are actually present; (b) "Pedestrian child" means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair; (c) "School property" means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and (d) "Serious bodily injury" means bodily injury that involves: (1) A substantial risk of death; (2) Protracted unconsciousness; (3) Extreme physical pain; (4) Protracted or obvious disfigurement; or (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty. (2) No municipal law enforcement officer is authorized to seize the license of an operator or chauffeur for a traffic offense in violation of a municipal ordinance or a traffic offense as provided in chapter 8 of this title.
(1) The department is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee: (A) Has committed an offense for which mandatory revocation of license is required upon conviction; provided, that in the event of a conviction resulting from the offense, the time of mandatory revocation shall be counted from the date upon which the driver license was received by the department or the circuit court clerk; (B) Has contributed as a driver in any accident resulting in the death or personal injury of another or serious property damage; (C) Has been convicted with a frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways. For purposes of this subdivision (a)(1)(C), no conviction of exceeding the speed limit in a state other than Tennessee shall be considered by the department unless the conviction was for exceeding the lawful speed in the other state by more than five miles per hour (5 mph). This five miles per hour (5 mph) allowance shall not apply in marked school zones; (D) Is an habitually reckless or negligent driver of a motor vehicle; (E) Is incompetent to drive a motor vehicle; (F) Has permitted an unlawful or fraudulent use of the license; (G) Has committed an offense in another state that if committed in this state would be grounds for suspension or revocation; (H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense; (I) Has failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic. No license shall be suspended pursuant to this subdivision (a)(1)(I) for failure to appear in court on or failure to pay a parking ticket or citation or for a violation of § 55-9-603 . Any request from the court for suspension under this subdivision (a)(1)(I) must be submitted to the department of safety within six (6) months of the violation date. No suspension action shall be taken by the department unless the request is made within six (6) months of the violation date except in the case where the driver is a commercial license holder, or the violation occurred in a commercial motor vehicle. Prior to suspending the license of any person as authorized in this subsection (a), the department shall notify the licensee in writing of the proposed suspension and, upon the licensee's request, shall afford the licensee an opportunity for a hearing to show that there is an error in the records received by the department; provided, that the request is made within thirty (30) days following the notification of proposed suspension or cancellation. Failure to make the request within the time specified shall without exception constitute a waiver of that right; (J) Is under eighteen (18) years of age and has withdrawn either voluntarily or involuntarily from a secondary school as provided in § 49-6-3017 ; or (K) (i) Has contributed as a driver to the occurrence of an accident on school property, or on a highway with special speed limits, in which a pedestrian child suffers serious bodily injury as the result of the accident; (ii) As used in this subdivision (a)(1)(K), unless the context otherwise requires: (a) "Highway with special speed limits" means any highway with reduced speed limits, authorized pursuant to § 55-8-152 , when a warning flasher or flashers are in operation, and while children are actually present; (b) "Pedestrian child" means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair; (c) "School property" means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and (d) "Serious bodily injury" means bodily injury that involves: (1) A substantial risk of death; (2) Protracted unconsciousness; (3) Extreme physical pain; (4) Protracted or obvious disfigurement; or (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.
(A) Has committed an offense for which mandatory revocation of license is required upon conviction; provided, that in the event of a conviction resulting from the offense, the time of mandatory revocation shall be counted from the date upon which the driver license was received by the department or the circuit court clerk;
(B) Has contributed as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(C) Has been convicted with a frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways. For purposes of this subdivision (a)(1)(C), no conviction of exceeding the speed limit in a state other than Tennessee shall be considered by the department unless the conviction was for exceeding the lawful speed in the other state by more than five miles per hour (5 mph). This five miles per hour (5 mph) allowance shall not apply in marked school zones;
(D) Is an habitually reckless or negligent driver of a motor vehicle;
(E) Is incompetent to drive a motor vehicle;
(F) Has permitted an unlawful or fraudulent use of the license;
(G) Has committed an offense in another state that if committed in this state would be grounds for suspension or revocation;
(H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense;
(I) Has failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic. No license shall be suspended pursuant to this subdivision (a)(1)(I) for failure to appear in court on or failure to pay a parking ticket or citation or for a violation of § 55-9-603 . Any request from the court for suspension under this subdivision (a)(1)(I) must be submitted to the department of safety within six (6) months of the violation date. No suspension action shall be taken by the department unless the request is made within six (6) months of the violation date except in the case where the driver is a commercial license holder, or the violation occurred in a commercial motor vehicle. Prior to suspending the license of any person as authorized in this subsection (a), the department shall notify the licensee in writing of the proposed suspension and, upon the licensee's request, shall afford the licensee an opportunity for a hearing to show that there is an error in the records received by the department; provided, that the request is made within thirty (30) days following the notification of proposed suspension or cancellation. Failure to make the request within the time specified shall without exception constitute a waiver of that right;
(J) Is under eighteen (18) years of age and has withdrawn either voluntarily or involuntarily from a secondary school as provided in § 49-6-3017 ; or
(K) (i) Has contributed as a driver to the occurrence of an accident on school property, or on a highway with special speed limits, in which a pedestrian child suffers serious bodily injury as the result of the accident; (ii) As used in this subdivision (a)(1)(K), unless the context otherwise requires: (a) "Highway with special speed limits" means any highway with reduced speed limits, authorized pursuant to § 55-8-152 , when a warning flasher or flashers are in operation, and while children are actually present; (b) "Pedestrian child" means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair; (c) "School property" means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and (d) "Serious bodily injury" means bodily injury that involves: (1) A substantial risk of death; (2) Protracted unconsciousness; (3) Extreme physical pain; (4) Protracted or obvious disfigurement; or (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.
(i) Has contributed as a driver to the occurrence of an accident on school property, or on a highway with special speed limits, in which a pedestrian child suffers serious bodily injury as the result of the accident;
(ii) As used in this subdivision (a)(1)(K), unless the context otherwise requires: (a) "Highway with special speed limits" means any highway with reduced speed limits, authorized pursuant to § 55-8-152 , when a warning flasher or flashers are in operation, and while children are actually present; (b) "Pedestrian child" means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair; (c) "School property" means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and (d) "Serious bodily injury" means bodily injury that involves: (1) A substantial risk of death; (2) Protracted unconsciousness; (3) Extreme physical pain; (4) Protracted or obvious disfigurement; or (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.
(a) "Highway with special speed limits" means any highway with reduced speed limits, authorized pursuant to § 55-8-152 , when a warning flasher or flashers are in operation, and while children are actually present;
(b) "Pedestrian child" means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair;
(c) "School property" means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and
(d) "Serious bodily injury" means bodily injury that involves: (1) A substantial risk of death; (2) Protracted unconsciousness; (3) Extreme physical pain; (4) Protracted or obvious disfigurement; or (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.
(1) A substantial risk of death;
(2) Protracted unconsciousness;
(3) Extreme physical pain;
(4) Protracted or obvious disfigurement; or
(5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.
(2) No municipal law enforcement officer is authorized to seize the license of an operator or chauffeur for a traffic offense in violation of a municipal ordinance or a traffic offense as provided in chapter 8 of this title.
(b) (1) The department is authorized to cancel any operator's or chauffeur's license upon determining that the licensee was not entitled to the issuance of the license or that the licensee failed to give the required or correct information in the application or committed any fraud in making the application. (2) Upon the cancellation, the licensee must surrender the license so cancelled to the department.
(1) The department is authorized to cancel any operator's or chauffeur's license upon determining that the licensee was not entitled to the issuance of the license or that the licensee failed to give the required or correct information in the application or committed any fraud in making the application.
(2) Upon the cancellation, the licensee must surrender the license so cancelled to the department.
(c) (1) The department, upon suspending or revoking a license, shall require that the license be surrendered to and be retained by the department. Prior to the reissuance of any license revoked because of a conviction of driving while under the influence of liquor or an intoxicating drug, after a second or subsequent conviction, the department shall require the owner to submit evidence that the owner has completed a program of alcohol or drug abuse education, or has completed treatment by a physician board certified or eligible in psychiatry or a licensed psychologist certified with competence in clinical psychology; or, at a facility licensed by the department of mental health and substance abuse services to provide this treatment. Certification of the psychiatrist or clinical psychologist or facility licensed by the department of mental health and substance abuse services under this section is not to be construed as a prediction of future behavior but merely certification of completion of the program. (2) When the examination, as required by this subsection (c), is administered by a state supported mental health facility, the facility and medical doctors or doctors of psychology employed by the facility who administer the examinations within the course and scope of the doctor's authority under the statute, shall be immune from tort liability for the proper dissemination of any report or findings to the department of safety that results from the examination; provided, that this immunity shall not extend to any other person, institution, or other member of the private sector, not employed or attached to a state supported mental health facility. (3) (A) (i) The trial judge of the court, in which the trial for the offense of operating a vehicle under the influence of alcohol or an intoxicating drug is pending, may order the issuance of a restricted license. The restricted license may only allow the person arrested to operate a motor vehicle for the purpose of going to and from, and working at, the person's regular place of employment, or to operate only a motor vehicle that is equipped with a functioning ignition interlock device, during the period of time between arrest and conviction, dismissal or acquittal. Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. The trial judge may order the issuance of a restricted license allowing a person, whose license has been suspended due to a conviction for violating § 39-14-151 or chapter 10, part 5 of this title, to operate a motor vehicle for the purpose of going to and from and working at the person's regular place of employment. (ii) A resident of this state, whose operator's license has been suspended because of an arrest in another jurisdiction on a charge of operating a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, may apply for a restricted motor vehicle operator's license during the period of time between arrest and conviction, dismissal or acquittal. Such resident shall apply for the license with any court of the county of the person's residence having jurisdiction to try charges. (iii) Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. (B) The judge may order the issuance of a restricted license, if: (i) Based upon the records of the department of safety the person does not have a prior conviction for a violation of vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or, if the conviction occurs in another state, does not constitute a prior conviction pursuant to § 55-10-405(b) ; (ii) No person was seriously injured or killed in the course of the conduct that resulted in the driver's conviction under § 55-10-401 . (C) If the trial judge imposes geographic restrictions, the trial judge may issue the order allowing the person so convicted to operate a motor vehicle for the limited purposes of going to and from: (i) And working at the person's regular place of employment; (ii) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (iii) A court-ordered alcohol safety program; (iv) A college or university in the case of a student enrolled full time in the college or university; (v) A scheduled interlock monitoring appointment; (vi) A court ordered outpatient alcohol and drug treatment program; and (vii) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c) . (D) If the violation resulting in the person's conviction for driving under the influence occurred prior to July 1, 2013, the law in effect when the violation occurred shall govern the person's eligibility for a restricted motor vehicle operator license unless the person petitions the court to consider the person's eligibility under the law in effect when the petition is filed. (E) The person so arrested may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall forthwith issue a restricted license embodying the limitations imposed in the order. (4) Where a nonresident whose license has been suspended or revoked by any other state subsequently becomes a bona fide resident of this state, and where the person has been granted a restricted license by the other state if the triggering offense would under the laws of this state provide for the issuance of a restricted driver license upon petition to a judge of the court of general sessions, or its equivalent, for the county wherein the person resides, the court may order the issuance of a restricted motor vehicle operator's license. The court shall have discretion to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device or place additional limitations on the person's restricted license; provided, however, that a restricted license issued pursuant to this subdivision (c)(4) without an ignition interlock requirement shall be subject to geographic restrictions, as provided in subdivision (c)(3), during the mandatory revocation/suspension period. If the person has a prior conviction within the past ten (10) years for a violation of § 55-10-401 or § 55-10-421 , in this state or a similar offense in any other jurisdiction, the court shall be required to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device. The person may obtain a certified copy of the order and within thirty (30) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall then issue a restricted license embodying the limitations imposed in the order.
(1) The department, upon suspending or revoking a license, shall require that the license be surrendered to and be retained by the department. Prior to the reissuance of any license revoked because of a conviction of driving while under the influence of liquor or an intoxicating drug, after a second or subsequent conviction, the department shall require the owner to submit evidence that the owner has completed a program of alcohol or drug abuse education, or has completed treatment by a physician board certified or eligible in psychiatry or a licensed psychologist certified with competence in clinical psychology; or, at a facility licensed by the department of mental health and substance abuse services to provide this treatment. Certification of the psychiatrist or clinical psychologist or facility licensed by the department of mental health and substance abuse services under this section is not to be construed as a prediction of future behavior but merely certification of completion of the program.
(2) When the examination, as required by this subsection (c), is administered by a state supported mental health facility, the facility and medical doctors or doctors of psychology employed by the facility who administer the examinations within the course and scope of the doctor's authority under the statute, shall be immune from tort liability for the proper dissemination of any report or findings to the department of safety that results from the examination; provided, that this immunity shall not extend to any other person, institution, or other member of the private sector, not employed or attached to a state supported mental health facility.
(3) (A) (i) The trial judge of the court, in which the trial for the offense of operating a vehicle under the influence of alcohol or an intoxicating drug is pending, may order the issuance of a restricted license. The restricted license may only allow the person arrested to operate a motor vehicle for the purpose of going to and from, and working at, the person's regular place of employment, or to operate only a motor vehicle that is equipped with a functioning ignition interlock device, during the period of time between arrest and conviction, dismissal or acquittal. Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. The trial judge may order the issuance of a restricted license allowing a person, whose license has been suspended due to a conviction for violating § 39-14-151 or chapter 10, part 5 of this title, to operate a motor vehicle for the purpose of going to and from and working at the person's regular place of employment. (ii) A resident of this state, whose operator's license has been suspended because of an arrest in another jurisdiction on a charge of operating a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, may apply for a restricted motor vehicle operator's license during the period of time between arrest and conviction, dismissal or acquittal. Such resident shall apply for the license with any court of the county of the person's residence having jurisdiction to try charges. (iii) Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. (B) The judge may order the issuance of a restricted license, if: (i) Based upon the records of the department of safety the person does not have a prior conviction for a violation of vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or, if the conviction occurs in another state, does not constitute a prior conviction pursuant to § 55-10-405(b) ; (ii) No person was seriously injured or killed in the course of the conduct that resulted in the driver's conviction under § 55-10-401 . (C) If the trial judge imposes geographic restrictions, the trial judge may issue the order allowing the person so convicted to operate a motor vehicle for the limited purposes of going to and from: (i) And working at the person's regular place of employment; (ii) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (iii) A court-ordered alcohol safety program; (iv) A college or university in the case of a student enrolled full time in the college or university; (v) A scheduled interlock monitoring appointment; (vi) A court ordered outpatient alcohol and drug treatment program; and (vii) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c) . (D) If the violation resulting in the person's conviction for driving under the influence occurred prior to July 1, 2013, the law in effect when the violation occurred shall govern the person's eligibility for a restricted motor vehicle operator license unless the person petitions the court to consider the person's eligibility under the law in effect when the petition is filed. (E) The person so arrested may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall forthwith issue a restricted license embodying the limitations imposed in the order.
(A) (i) The trial judge of the court, in which the trial for the offense of operating a vehicle under the influence of alcohol or an intoxicating drug is pending, may order the issuance of a restricted license. The restricted license may only allow the person arrested to operate a motor vehicle for the purpose of going to and from, and working at, the person's regular place of employment, or to operate only a motor vehicle that is equipped with a functioning ignition interlock device, during the period of time between arrest and conviction, dismissal or acquittal. Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. The trial judge may order the issuance of a restricted license allowing a person, whose license has been suspended due to a conviction for violating § 39-14-151 or chapter 10, part 5 of this title, to operate a motor vehicle for the purpose of going to and from and working at the person's regular place of employment. (ii) A resident of this state, whose operator's license has been suspended because of an arrest in another jurisdiction on a charge of operating a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, may apply for a restricted motor vehicle operator's license during the period of time between arrest and conviction, dismissal or acquittal. Such resident shall apply for the license with any court of the county of the person's residence having jurisdiction to try charges. (iii) Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license.
(i) The trial judge of the court, in which the trial for the offense of operating a vehicle under the influence of alcohol or an intoxicating drug is pending, may order the issuance of a restricted license. The restricted license may only allow the person arrested to operate a motor vehicle for the purpose of going to and from, and working at, the person's regular place of employment, or to operate only a motor vehicle that is equipped with a functioning ignition interlock device, during the period of time between arrest and conviction, dismissal or acquittal. Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. The trial judge may order the issuance of a restricted license allowing a person, whose license has been suspended due to a conviction for violating § 39-14-151 or chapter 10, part 5 of this title, to operate a motor vehicle for the purpose of going to and from and working at the person's regular place of employment.
(ii) A resident of this state, whose operator's license has been suspended because of an arrest in another jurisdiction on a charge of operating a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, may apply for a restricted motor vehicle operator's license during the period of time between arrest and conviction, dismissal or acquittal. Such resident shall apply for the license with any court of the county of the person's residence having jurisdiction to try charges.
(iii) Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license.
(B) The judge may order the issuance of a restricted license, if: (i) Based upon the records of the department of safety the person does not have a prior conviction for a violation of vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or, if the conviction occurs in another state, does not constitute a prior conviction pursuant to § 55-10-405(b) ; (ii) No person was seriously injured or killed in the course of the conduct that resulted in the driver's conviction under § 55-10-401 .
(i) Based upon the records of the department of safety the person does not have a prior conviction for a violation of vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or, if the conviction occurs in another state, does not constitute a prior conviction pursuant to § 55-10-405(b) ;
(ii) No person was seriously injured or killed in the course of the conduct that resulted in the driver's conviction under § 55-10-401 .
(C) If the trial judge imposes geographic restrictions, the trial judge may issue the order allowing the person so convicted to operate a motor vehicle for the limited purposes of going to and from: (i) And working at the person's regular place of employment; (ii) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (iii) A court-ordered alcohol safety program; (iv) A college or university in the case of a student enrolled full time in the college or university; (v) A scheduled interlock monitoring appointment; (vi) A court ordered outpatient alcohol and drug treatment program; and (vii) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c) .
(i) And working at the person's regular place of employment;
(ii) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer;
(iii) A court-ordered alcohol safety program;
(iv) A college or university in the case of a student enrolled full time in the college or university;
(v) A scheduled interlock monitoring appointment;
(vi) A court ordered outpatient alcohol and drug treatment program; and
(vii) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c) .
(D) If the violation resulting in the person's conviction for driving under the influence occurred prior to July 1, 2013, the law in effect when the violation occurred shall govern the person's eligibility for a restricted motor vehicle operator license unless the person petitions the court to consider the person's eligibility under the law in effect when the petition is filed.
(E) The person so arrested may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall forthwith issue a restricted license embodying the limitations imposed in the order.
(4) Where a nonresident whose license has been suspended or revoked by any other state subsequently becomes a bona fide resident of this state, and where the person has been granted a restricted license by the other state if the triggering offense would under the laws of this state provide for the issuance of a restricted driver license upon petition to a judge of the court of general sessions, or its equivalent, for the county wherein the person resides, the court may order the issuance of a restricted motor vehicle operator's license. The court shall have discretion to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device or place additional limitations on the person's restricted license; provided, however, that a restricted license issued pursuant to this subdivision (c)(4) without an ignition interlock requirement shall be subject to geographic restrictions, as provided in subdivision (c)(3), during the mandatory revocation/suspension period. If the person has a prior conviction within the past ten (10) years for a violation of § 55-10-401 or § 55-10-421 , in this state or a similar offense in any other jurisdiction, the court shall be required to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device. The person may obtain a certified copy of the order and within thirty (30) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall then issue a restricted license embodying the limitations imposed in the order.
(d) (1) This subsection (d) applies statewide. (2) A person whose license has been suspended, pursuant to subdivision (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2) , the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(I), may be included in such payment plan, subject to the approval of the court. (3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court, or court clerk of the jurisdiction that the person has entered into a payment plan with the local court or the court clerk of the jurisdiction and has satisfied all other provisions of law relating to the issuance and restoration of a driver license. (4) 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 local court's or 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. (5) Any person who has defaulted on a pay plan to pay fines and costs for suspension actions taken under subdivision (a)(1)(I), shall not be eligible to participate in a payment plan, nor shall the department of safety have the authority to accept a payment plan as a condition precedent to the restoration of driving privileges. (6) Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d).
(1) This subsection (d) applies statewide.
(2) A person whose license has been suspended, pursuant to subdivision (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2) , the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(I), may be included in such payment plan, subject to the approval of the court.
(3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court, or court clerk of the jurisdiction that the person has entered into a payment plan with the local court or the court clerk of the jurisdiction and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
(4) 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 local court's or 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.
(5) Any person who has defaulted on a pay plan to pay fines and costs for suspension actions taken under subdivision (a)(1)(I), shall not be eligible to participate in a payment plan, nor shall the department of safety have the authority to accept a payment plan as a condition precedent to the restoration of driving privileges.
(6) Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d).
(e) (1) Any resident or nonresident whose operator's or chauffeur's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter. (2) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder is subject to suspension or revocation by the department in like manner and for like cause as an operator's or chauffeur's license issued under this chapter may be suspended or revoked. (3) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (4) The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of an operator or chauffeur.
(1) Any resident or nonresident whose operator's or chauffeur's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter.
(2) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder is subject to suspension or revocation by the department in like manner and for like cause as an operator's or chauffeur's license issued under this chapter may be suspended or revoked.
(3) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
(4) The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of an operator or chauffeur.
(f) (1) The department shall not suspend a driver license or privilege to drive a motor vehicle on the public highways for a period of more than six (6) months for a first offense nor more than one (1) year for a subsequent offense, except as permitted under § 55-50-504 , unless in any case an order of a court provides for a longer period of suspension. At the end of the period for which a license has been suspended, the department is authorized, in its discretion, to require a reexamination of the licensee as a prerequisite to the reissuance of the license. (2) Any person whose license is suspended for driving under the influence of drugs or intoxicants, or for refusal to submit to a blood test under §§ 55-10-406 and 55-10-407 , shall have the period of suspension computed from the time that the person's driver license was actually taken from the person's possession, and the period of license suspension shall begin to run from that point until the license is returned. (3) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of one (1) year or the period of suspension prescribed by a court from the date on which the revoked license was surrendered to and received by the department, the person may make application for a new license as provided by law, but the department shall not issue a new license unless and until it is satisfied after investigation of the character, habits and driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. No license that has been revoked, on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle, shall be reissued except as provided in § 55-50-501(a)(1) . (4) Where the revocation involved is the first revocation of the license or privilege of the person, the application for a new license may be made after the expiration of six (6) months from the date on which the revoked license was surrendered and received by the department. No license that has been revoked on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle shall be reissued except as provided in § 55-50-501(a)(1) .
(1) The department shall not suspend a driver license or privilege to drive a motor vehicle on the public highways for a period of more than six (6) months for a first offense nor more than one (1) year for a subsequent offense, except as permitted under § 55-50-504 , unless in any case an order of a court provides for a longer period of suspension. At the end of the period for which a license has been suspended, the department is authorized, in its discretion, to require a reexamination of the licensee as a prerequisite to the reissuance of the license.
(2) Any person whose license is suspended for driving under the influence of drugs or intoxicants, or for refusal to submit to a blood test under §§ 55-10-406 and 55-10-407 , shall have the period of suspension computed from the time that the person's driver license was actually taken from the person's possession, and the period of license suspension shall begin to run from that point until the license is returned.
(3) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of one (1) year or the period of suspension prescribed by a court from the date on which the revoked license was surrendered to and received by the department, the person may make application for a new license as provided by law, but the department shall not issue a new license unless and until it is satisfied after investigation of the character, habits and driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. No license that has been revoked, on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle, shall be reissued except as provided in § 55-50-501(a)(1) .
(4) Where the revocation involved is the first revocation of the license or privilege of the person, the application for a new license may be made after the expiration of six (6) months from the date on which the revoked license was surrendered and received by the department. No license that has been revoked on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle shall be reissued except as provided in § 55-50-501(a)(1) .
(g) When considering the suspension of a driver license, the department may take into account offenses committed by that driver outside this state and reported to the department only if the offenses would, under the laws of this state, be considered grounds for suspension in this state. If the offenses would be grounds for suspension in the state of conviction, but not in this state they shall be disregarded by the department.
(h) Drivers of commercial motor vehicles shall have their licenses suspended for violations and for the length of time specified in § 55-50-405 .
(i) (1) The department shall establish a method by which any person who makes application for or who holds a commercial driver license may elect an alternate address to which any suspension notices shall be mailed. (2) At least two (2) times per month during two (2) different weeks of the month, the department shall make available for public inspection a list of persons whose commercial driver license has been suspended.
(1) The department shall establish a method by which any person who makes application for or who holds a commercial driver license may elect an alternate address to which any suspension notices shall be mailed.
(2) At least two (2) times per month during two (2) different weeks of the month, the department shall make available for public inspection a list of persons whose commercial driver license has been suspended.
(j) (1) The court shall require every licensee who is convicted of a driving offense and who does not pay the assessed fines and costs in full on the date of disposition to make payments pursuant to an installment payment plan. (2) The clerk of any court that handles traffic citations shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of a driving offense. (3) A person may request, and the court clerk shall grant, modifications to a payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown. (4) (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (j) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (j)(6). (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (j). (C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (j), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(4)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(4)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(4)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (j)(4) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order and paying the application fee to the department in accordance with subdivision (j)(5)(B), the department shall issue a restricted license in place of the suspended license. (5) (A) A restricted license issued pursuant to this subsection (j) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person 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 driver license. (6) (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (j), the court clerk shall notify the department of the person's failure to comply with the payment plan. (B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(6)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(6)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(6)(B)(ii), then the department shall not revoke the person's restricted license. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (j)(6) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (j)(2). (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (j)(6)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (j)(5)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification 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 certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license. (7) Notwithstanding this subsection (j), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license. (8) The process described by this subsection (j) applies until the person fully pays the moneys owed the court or any outstanding fines or costs are waived by the court. (9) If otherwise eligible for a driver license, any person whose driver license was suspended under subdivision (a)(1)(H), prior to July 1, 2019, for nonpayment of court costs or fines may apply to the court having original jurisdiction over the traffic offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (j). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license. (10) A restricted license issued under this subsection (j) shall not be subject to the requirements of § 55-12-114(b) .
(1) The court shall require every licensee who is convicted of a driving offense and who does not pay the assessed fines and costs in full on the date of disposition to make payments pursuant to an installment payment plan.
(2) The clerk of any court that handles traffic citations shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of a driving offense.
(3) A person may request, and the court clerk shall grant, modifications to a payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown.
(4) (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (j) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (j)(6). (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (j). (C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (j), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(4)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(4)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(4)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (j)(4) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order and paying the application fee to the department in accordance with subdivision (j)(5)(B), the department shall issue a restricted license in place of the suspended license.
(A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (j) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (j)(6).
(i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and
(ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (j)(6).
(B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (j).
(C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (j), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(4)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(4)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(4)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (j)(4) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license.
(i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (j), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(4)(C).
(ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(4)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan.
(iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(4)(C)(ii), then the department shall not suspend the person's license.
(iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (j)(4) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license.
(D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order and paying the application fee to the department in accordance with subdivision (j)(5)(B), the department shall issue a restricted license in place of the suspended license.
(5) (A) A restricted license issued pursuant to this subsection (j) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person 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 driver license.
(A) A restricted license issued pursuant to this subsection (j) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member.
(i) Employment;
(ii) School;
(iii) Religious worship;
(iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or
(v) Serious illness of the person or an immediate family member.
(B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person 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 driver license.
(6) (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (j), the court clerk shall notify the department of the person's failure to comply with the payment plan. (B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(6)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(6)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(6)(B)(ii), then the department shall not revoke the person's restricted license. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (j)(6) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (j)(2). (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (j)(6)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (j)(5)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification 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 certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license.
(A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (j), the court clerk shall notify the department of the person's failure to comply with the payment plan.
(B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(6)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(6)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(6)(B)(ii), then the department shall not revoke the person's restricted license.
(i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(6)(B).
(ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(6)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan.
(iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(6)(B)(ii), then the department shall not revoke the person's restricted license.
(C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license.
(D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (j)(6) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (j)(2).
(E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (j)(6)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (j)(5)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification 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 certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license.
(7) Notwithstanding this subsection (j), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license.
(8) The process described by this subsection (j) applies until the person fully pays the moneys owed the court or any outstanding fines or costs are waived by the court.
(9) If otherwise eligible for a driver license, any person whose driver license was suspended under subdivision (a)(1)(H), prior to July 1, 2019, for nonpayment of court costs or fines may apply to the court having original jurisdiction over the traffic offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (j). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license.
(10) A restricted license issued under this subsection (j) shall not be subject to the requirements of § 55-12-114(b) .
(k) (1) This subsection (k) shall apply only in any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census. (2) Notwithstanding § 28-3-110 , the court clerk of any municipality may establish an accounts receivable amnesty plan for payment of any outstanding judgment resulting from failure to pay local fines or costs owed by a person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I). The plan shall allow the person to pay the outstanding judgment, older than ten (10) years after the cause of action has commenced, at a reduced rate of fifty percent (50%) during the first six fiscal months of each year. (3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the court clerk of any municipality that the person has paid pursuant to this subsection (k) and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
(1) This subsection (k) shall apply only in any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census.
(2) Notwithstanding § 28-3-110 , the court clerk of any municipality may establish an accounts receivable amnesty plan for payment of any outstanding judgment resulting from failure to pay local fines or costs owed by a person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I). The plan shall allow the person to pay the outstanding judgment, older than ten (10) years after the cause of action has commenced, at a reduced rate of fifty percent (50%) during the first six fiscal months of each year.
(3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the court clerk of any municipality that the person has paid pursuant to this subsection (k) and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
Amended by 2022 Tenn. Acts, ch. 878, s 6, eff. 4/14/2022.
Amended by 2019 Tenn. Acts, ch. 438, Secs.s 2, s 3 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 438, s 1, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 876, s 11, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 587, s 6, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 344, s 19, eff. 5/13/2013.
Amended by 2013 Tenn. Acts, ch. 154, s 48, Sec.s 52 eff. 7/1/2013.
Acts 1937, ch. 90, § 12; impl. am. Acts 1939, ch. 205, §§ 2, 3; Acts 1939, ch. 205, § 6; 1949, ch. 65, § 1; C. Supp. 1950, § 2715.20 (Williams, § 2715.25); Acts 1955, ch. 114, §§ 6-9; 1957, ch. 241, §§ 2, 3; 1971, ch. 135, § 1; 1971, ch. 243, § 1; 1973, ch. 64, § 1; 1973, ch. 319, § 1; 1975, ch. 238, § 1; 1976, ch. 450, § 1; 1976, ch. 570, § 1; 1976, ch. 607, § 1; 1978, ch. 660, §§ 2, 3; T.C.A. (orig. ed.), § 59-713; Acts 1980, ch. 547, § 1; 1980, ch. 685, §§ 1, 2; 1980, ch. 817, § 3; 1982, ch. 745, § 1; 1984, ch. 861, §§ 1, 2; 1986, ch. 738, § 3; 1986, ch. 842, §§ 3, 4; 1988, ch. 584, § 11; 1988, ch. 664, § 1; T.C.A., §§ 55-7-113 , 55-7-502; Acts 1989, ch. 156, § 1; 1990, ch. 819, § 4; 1991, ch. 296, § 1; 1995, ch. 156, § 1; 1996, ch. 763, § 3; 1997 , ch. 438, §§ 1, 2; 1998, ch. 682, § 6; 1998, ch. 900, § 1; 1999, ch. 140, §§ 1 - 3; 2000, ch. 863, § 3; 2000, ch. 892, § 2; 2000, ch. 947, § 6; 2002, ch. 546, § 3; 2005, ch. 155, § 1; 2005, ch. 241, § 1; 2005, ch. 468, § 1; 2007 , ch. 171, § 2; 2007 , ch. 279, § 1; 2010 , ch. 1029, §§ 1, 2; 2010 , ch. 1100, § 89; 2011 , ch. 81, § 1; 2012 , ch. 575, § 1.