2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 50 - UNIFORM CLASSIFIED AND COMMERCIAL DRIVER LICENSE ACT (§§ 55-50-101 — 55-50-903) › Part 4 - COMMERCIAL DRIVER LICENSES (§§ 55-50-401 — 55-50-418) › Section 55-50-417 - Federal clearinghouse

(a)
As used in this section, unless the context otherwise requires:
(1)
"CDLIS" means the commercial driver license information system maintained by the FMCSA;
(2)
"Clearinghouse" means the drug and alcohol clearinghouse maintained by the FMCSA; and
(3)
"Downgrade":
(A)
Means:
(i)
To change a driver's self-certification to interstate, but operating exclusively in transportation or operations excepted from 49 CFR Part 391 , as provided in
49 CFR 390.3(f)
,
49 CFR 391.2
,
49 CFR 391.68
, or
49 CFR 398.3
;
(ii)
To change a driver's self-certification to intrastate only, if the driver qualifies under the department's physical qualification requirements for intrastate only;
(iii)
To change a driver's self-certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the driver qualification requirements; or
(iv)
To remove a CLP or CDL privilege from a driver license; and
(B)
Includes recording the change on the driver's CDLIS driver record.
(b)
Beginning November 1, 2024, and prior to the issuance of a new CLP or CDL, a renewal of a CLP or CDL, a transfer of a CLP or CDL to another state, or an upgrade to a different class of CDL, the department shall request the driver's record from the clearinghouse.
(c)
If the department receives notification from the clearinghouse that pursuant to federal regulations the driver is prohibited from operating a commercial motor vehicle, regardless of whether that notification is received in response to a request under subsection (b), then the department shall not issue, renew, transfer, or upgrade the driver's CLP or CDL. The department shall downgrade a driver's CLP or CDL within sixty (60) days of the department's receipt of the notification.
(d)
(1)
If the department receives notification from the clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle before the department has finished downgrading the driver's CLP or CDL, then the department shall not downgrade the driver's CLP or CDL.
(2)
If the department receives notification from the clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle after the department has finished downgrading the driver's CLP or CDL, then the department shall make the driver eligible for reinstatement of the driver's CLP or CDL privilege.
(3)
If the department receives notification from the clearinghouse that the driver was erroneously identified as being prohibited from operating a commercial motor vehicle after the department has finished downgrading the driver's CLP or CDL, then the department shall:
(A)
Reinstate the CLP or CDL privilege to the driver's license as expeditiously as possible; and
(B)
Expunge any reference related to the driver's erroneous prohibited status from the CDLIS driver record and, if applicable, the driver's motor vehicle record.
Added by 2022 Tenn. Acts, ch. 992, s 3, eff. 7/1/2022.