Official Summary Text
Present law prohibits an
employer
from
knowingly allow
ing
, permit
ting
, or auth
ori
zing
an employee to operate a commercial motor vehicle during any
of the following
period
s
:
A period i
n which the employee has a driver license suspended, revoked, or canceled by a state, has lost the privilege to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle
.
A period in which the employee has more than one driver license.
A period in which the driver, or the CMV the employee is driving, or the motor carrier operation, is subject to an out-of-service order
.
A period in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings.
This bill adds as another such period, a period i
n which the employee is unable to read and speak the English l
anguage sufficiently to converse with the general public, to understand highway traffic signs and signals, to respond to official inquiries, and to make entries on reports and records
as required by
federal law. However,
it is not a violation under this
p
rovision
if an employee
,
who fails to meet
certain
hearing standard
s,
but has obtained an exemption from that requirement and is capable of reading and writing in the English language
,
is unable to speak the English language sufficiently
.
SUPSENSION OF LI
CENSE
–
REINSTATEMENT
This bill requires the commissioner of safety to suspend the
commercial driver license of a driver who is issued an out-of-service order or is otherwise found to be unable to read and speak the English language sufficiently
as descr
ibed above
.
However, this provision does not apply if the driver (i) is unable to speak the English language sufficiently, (ii) is capable of reading and writing in the English language, and (iii) presents
documentation that the driver fails to meet the h
earing standard under
federal law
and has obtained an exemption from that requirement.
This bill provides that a commercial driver license so suspended remains
suspended until the driver demonstrates an ability to read and speak the English language
sufficiently
,
as described above,
by means of an English language proficiency test administered by the department of safety
that
meets the requirements of
federal law
. The commissioner
must
reinstate a commercial driver license
so
suspended upon the drive
r passing
such
test
. The
employer of the driver is liable for any fines or fees resulting from the suspension or reinstatement of a license in accordance with this
bill.
SAFETY RULES AND REGULATIONS
Present law requires t
he department of safety
to
periodically promulgate such safety rules as the department of safety deems necessary to govern and control the safety operations and safe use of equipment by the following
persons and entities
:
Each holder of an interstate or intrastate permit
.
Any individual, corporation or partnership operating a motor vehicle in commerce which has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds, or the motor vehicle is designed to transport more than 15
passengers, including the driver
.
Any individual, corporation or partnership operating a motor vehicle of any gross vehicle weight transporting hazardous material.
However, this provision does
not apply to a motor vehicle transporting nonhazardous materials for farm purposes
that
does not travel outside the boundaries of this state.
Present law authorizes the
department of safety
to
inspect these motor vehicles.
If an
enforcement officer determines during the course of a safety inspection that a driver is unable to read and
speak the English language sufficiently
,
as described above
, then
this bill requires
the officer
to
issue an out-of-service order to the driver that also prevents the vehicle from being operated until a substitute driver who is capable of reading and speak
ing the English language sufficiently
, as described above,
is present to operate the vehicle in place of the original driver.
However,
this
provision
does not apply if the driver (i) is unable to speak the English language sufficiently, (ii) is capable of reading and writing in the English language, and (iii) presents documentation that the driver fails to meet the hearing standard under federal law a
n
d has obtained an exemption from that requirement.
In addition to the issuance
of the out-of-service order,
this bill provides that
a violation of
the above provisions
is a Class C misdemeanor
,
attributable to the employer of the driver, and a citation
m
ust
be issued to the employer
and
a fine
imposed
of $500
. However,
the employer
also remains
subject to civil penalties pursuant to
federal law
. The citation is considered a nonmoving traffic violation
,
and no points
must
be added to the driver's record
for
such a violation.
Current Bill Text
Read the full stored bill text
HOUSE BILL 1023
By Russell
SENATE BILL 492
By Bowling
SB0492
000665
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 55
and Title 65, Chapter 15, relative to commercial
driver licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-50-403, is amended by adding
the following as a new subdivision (3) and redesignating the existing subdivisions accordingly:
(3) In which the employee is unable to read and speak the English language
sufficiently to converse with the general public, to understand highway traffic signs and
signals, to respond to official inquiries, and to make entries on reports and records as
required by 49 CFR 391.11(b)(2); provided, that it is not a violation under this subdivision
(3) if an employee who fails to meet the hearing standard under 49 CFR 391.41(b)(11)
but has obtained an exemption from that requirement and is capable of reading and
writing in the English language is unable to speak the English language sufficiently;
SECTION 2. Tennessee Code Annotated, Section 55-50-405, is amended by adding
the following as a new subsection:
(j)
(1)
(A) The commissioner shall suspend the commercial driver
license of a driver who is issued an out-of-service order pursuant to § 65-
15-111(g) or is otherwise found to be unable to read and speak the
English language sufficiently to converse with the general public, to
understand highway traffic signs and signals, to respond to official
- 2 - 000665
inquiries, and to make entries on reports and records as required by 49
CFR 391.11(b)(2).
(B) Subdivision (j)(1)(A) does not apply if the driver:
(i) Is unable to speak the English language sufficiently;
(ii) Is capable of reading and writing in the English
language; and
(iii) Presents documentation that the driver fails to meet
the hearing standard under 49 CFR 391.41(b)(11) and has
obtained an exemption from that requirement.
(2) A commercial driver license suspended pursuant to subdivision (j)(1)
remains suspended until the driver demonstrates an ability to read and speak the
English language sufficiently to converse with the general public, to understand
highway traffic signs and signals, to respond to official inquiries, and to make
entries on reports and records as required by 49 CFR 391.11(b)(2) by means of
a test administered by the department of safety and not by a third party. The
commissioner shall reinstate a commercial driver license suspended pursuant to
subdivision (j)(1) upon the driver passing the test described in subdivision (j)(3).
(3) The department shall develop and administer an English language
proficiency test that meets the requirements of 49 CFR 391.11(b)(2).
(4) The employer of the driver is liable for any fines or fees resulting from
the suspension or reinstatement of a commercial driver license in accordance
with this subsection (j).
SECTION 3. Tennessee Code Annotated, Section 65-15-111, is amended by adding
the following as a new subsection:
(g)
- 3 - 000665
(1) If an enforcement officer determines during the course of a safety
inspection that a driver is unable to read and speak the English language
sufficiently to converse with the general public, to understand highway traffic
signs and signals, to respond to official inquiries, or to make entries on reports
and records as required by 49 CFR 391.11(b)(2), then the officer shall issue an
out-of-service order to the driver that also prevents the vehicle from being
operated until a substitute driver who is capable of reading and speaking the
English language sufficiently, as required by 49 CFR 391.11(b)(2), is present to
operate the vehicle in place of the original driver.
(2) Subdivision (g)(1) does not apply if the driver:
(A) Is unable to speak the English language sufficiently;
(B) Is capable of reading and writing in the English language; and
(C) Presents documentation that the driver fails to meet the
hearing standard under 49 CFR 391.41(b)(11) and has obtained an
exemption from that requirement.
(3) In addition to issuance of the out-of-service order, a violation of this
subsection (g) is a Class C misdemeanor attributable to the employer of the
driver, and a citation shall be issued to the employer, punishable only by a fine of
five hundred dollars ($500); provided, that the employer is subject to civil
penalties pursuant to 49 CFR 383.53(b)(2). The citation is considered a
nonmoving traffic violation and no points shall be added to the driver's record for
a violation of this subsection (g).
SECTION 4. For purposes of promulgating rules and developing the English language
proficiency test, this act takes effect upon becoming a law, the public welfare requiring it. For all
other purposes, this act takes effect January 1, 2026, the public welfare requiring it.