Tenn. Comp. R. & Regs. 1340-01-04-.03

Current through June 10, 2024

Section 1340-01-04-.03 - SCHEDULE OF POINTS

(1) Definitions. As used in this Chapter 1340-01-04, unless the context otherwise requires:

(a) "Commercial Motor Vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

1. Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds;

2. Is designed to transport more than fifteen (15) passengers, including the driver; or

3. Is of any size and is used in the transportation of hazardous materials, as defined in this section.

4. The following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this Chapter:

(i) Vehicles that are controlled and operated by a farmer or nursery worker that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier and are used within one hundred fifty (150) miles of the person's farm or nursery;

(ii) Vehicles designed and used solely as emergency vehicles that are necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation. This exemption shall apply to vehicles operated by paid or non-paid personnel;

(iii) Vehicles operated for military purposes by active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians;

(iv) Vehicles designed and used primarily as recreational vehicles (i.e., vehicles primarily designed as temporary living quarters for recreational camping or travel);

(v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes.

(b) "Commercial Motor Vehicle Hauling Hazardous Materials" means a Commercial Motor vehicle carrying any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R. § 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. § 73.

(c) "Non-Commercial Motor Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks that is not considered a Commercial Motor Vehicle.

(2) Moving Traffic Violations - Points for Non-Commercial Motor Vehicles

(a)	Speeding - non-commercial motor vehicle T.C.A. § 55-8-152
	1. Tickets and court abstracts where speed not indicated	3
	2. Speeding 1 through 5 m.p.h. in excess of speed zone	1
	3. Speeding 6 through 15 m.p.h. in excess of speed zone	3
	4. Speeding 16 through 25 m.p.h. in excess of speed zone	4
	5. Speeding 26 through 35 m.p.h. in excess of speed zone	5
	6. Speeding 36 through 45 m.p.h. in excess of speed zone	6
	7. Speeding 46 and above in excess of speed zone	8
	8. Speed less than posted minimum T.C.A. § 55-8-154	3
(b)	Speeding in construction zone - non-commercial motor vehicle T.C.A. § 55-8-153
	1. Tickets and court abstracts where speed not indicated	4
	2. Speeding 1 through 5 m.p.h. in excess of posted speed	2
	3. Speeding 6 through 15 m.p.h. in excess of posted speed	4
	4. Speeding 16 through 25 m.p.h. in excess of posted speed	5
	5. Speeding 26 through 35 m.p.h. in excess of posted speed	6
	6. Speeding 36 m.p.h. and above in excess of posted speed	8
(c)	Driving too fast for conditions, failure to reduce speed to avoid an accident T.C.A. § 55-8-152	3
(d)	Operating at erratic or suddenly changing speeds T.C.A. § 55-8-152	3
(e)	Reckless endangerment by vehicle - misdemeanor T.C.A. § 39-13-103	8
(f)	Reckless driving T.C.A. § 55-10-205	6
(g)	Careless or negligent driving T.C.A. § 55-8-136	4
(h)	Failure to obey traffic instructions T.C.A. § 55-8-109	4
(i)	Improper passing T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121	4
(j)	Wrong way, side or direction T.C.A. § 55-8-120	4
(k)	Following improperly T.C.A. § 55-8-124	3
(l)	Following emergency vehicles unlawfully T.C.A. § 55-8-132	3
(m)	Failure to yield the right-of-way T.C.A. §§ 55-8-128 & 55-8-197	4
(n)	Failure to yield right of way to emergency vehicles; Failure to change lane/slow down for authorized vehicles on roadside T.C.A. § 55-8-132	6
(o)	Making improper turn T.C.A. §§ 55-8-140, 55-8-141 & 55-8-142	3
(p)	Failure to signal direction or to reduce speed suddenly T.C.A. § 55-8-142	3
(q)	Stopping, standing, obstructing, or blocking traffic T.C.A. §§ 55-8-158, 55-8-159, 55-8-159 & 55-8-160	3
(r)	Coasting; operating gears disengaged T.C.A. § 55-8-167	3
(s)	Improper backing T.C.A. § 55-8-163	3
(t)	Improper starting, burning rubber, spinning tires, peeling out T.C.A. § 55-8-136(b)	3
(u)	Driver view or mechanism obstructed T.C.A. § 55-8-165	3
(v)	Driving mountain highway - control/audible warning T.C.A. § 55-8-166	3
(w)	Inability to maintain control of vehicle T.C.A. § 55-8-136(b)	3
(x)	Improper operation of or riding on a motorcycle T.C.A. § 55-8-164	3
(y)	Improper lane or location, driving on roadways laned for traffic T.C.A. § 55-8-123	3
(z)	Use of controlled access roadway T.C.A. §§ 55-8-126 & 55-8-127	4
(aa)	Inattentive driving, due care, failure to drive in careful manner, unsafe lookout, improper driving T.C.A. § 55-8-136	3
(bb)	Miscellaneous traffic violation; any offense involving the unsafe operation of a Non-Commercial Motor Vehicle not herein specified	3
(cc)	Cross private property to avoid stop sign or signal T.C.A. § 55-8-109	4
(dd)	Operating vehicle while using cell phone (under 18) T.C.A. § 55-50-311	6
(ee)	Passing stopped school, church or youth bus taking on or discharging passengers T.C.A. § 55-8-151	8
(ff)	Violation of driver license restrictions; operating contrary to conditions specified on driver license T.C.A. §§ 55-50-311 & 55-50-331(f)	6
(gg)	Failure to stop at railroad crossing T.C.A. §§ 55-8-145, 55-8-146 & 55-8-147	8
(hh)	Leaving scene of a crash (no revocation action) T.C.A. §§ 55-10-101 & 55-10-102	5
(ii)	Failure to report a crash T.C.A. § 55-10-111	4
(jj)	Operating without driver license in possession T.C.A. § 55-50-351	2
(kk)	Operating without being licensed or without license required for type of vehicle operated T.C.A. §§ 55-50-302 & 55-50-331	3
(ll)	Operating while driver license required for type of vehicle operated is under suspension, revocation or cancellation T.C.A. § 55-50-504	8
(mm)	Fleeing law enforcement officer (Misdemeanor) T.C.A. § 39-16-602	8
(nn)	Child endangerment (Misdemeanor) T.C.A. § 55-10-403	8

(3) Contributing to occurrence of a Crash (both Commercial Motor Vehicle & Non-Commercial Motor Vehicle)

T.C.A. §§ 55-10-101 & 55-10-102

(a)	Contributing to a crash involving property damage (including crashes occurring on private property or in government vehicle)	3
(b)	Contributing to a crash resulting in bodily injury (including crashes occurring on private property or in government vehicle)	4
(c)	Contributing to a crash resulting in another's death (including crashes occurring on private property or in government vehicle)	8

(4) Moving Traffic Violations - Points for Commercial Motor Vehicles

(a)	Speeding in a Commercial Motor Vehicle: T.C.A. § 55-8-152
	1. Tickets and court abstracts where speed not indicated	4
	2. Speeding, 1-5 m.p.h. in excess of posted speed zone	2
	3. Speeding, 6-14 m.p.h. in excess of posted speed zone	4
	4. Excessive speeding where speed not indicated	6
	5. Excessive speeding, 15-25 m.p.h. in excess of posted speed zone	5
	6. Excessive speeding, 26-35 m.p.h. in excess of posted speed zone	6
	7. Excessive speeding, 36 m.p.h. and above in excess of posted speed zone	7
	8. Speed less than posted minimum T.C.A. § 55-8-154	4
(b)	Speeding in a Commercial Motor Vehicle in a construction zone: T.C.A. § 55-8-153
	1. Tickets and abstracts where speed not indicated	5
	2. Speeding, 1-5 m.p.h. in excess of posted speed zone	3
	3. Speeding, 6-14 m.p.h. in excess of posted speed zone	5
	4. Speeding, 15-25 m.p.h. in excess of posted speed zone	5
	5. Speeding, 26-35 m.p.h. in excess of posted speed zone	6
	6. Speeding, 36 m.p.h. and above in excess of posted speed zone	7
(c)	Reckless driving T.C.A. § 55-10-205	7
(d)	Careless or negligent driving T.C.A. § 55-8-136	5
(e)	Improper passing T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121	4
(f)	Improper or erratic lane change T.C.A. § 55-8-123	5
(g)	Following Improperly T.C.A. § 55-8-124	4
(h)	Failure to obey traffic instructions T.C.A. § 55-8-109	4
(i)	Wrong way, side or direction T.C.A. § 55-8-120	4
(j)	Failure to yield right of way T.C.A. §§ 55-8-128 & 55-8-197	4
(k)	Making improper turn T.C.A. §§ 55-8-140, 55-8-141, & 55-8-142	4
(l)	Failure to signal direction T.C.A. § 55-8-142	3
(m)	Passing stopped school, church or youth bus taking on or discharging passengers T.C.A. § 55-8-151	8
(n)	Miscellaneous traffic violations; any offense involving the unsafe operation of a commercial motor vehicle not herein specified	3
(o)	Following emergency vehicle unlawfully T.C.A. § 55-8-132	3
(p)	Failure to yield to emergency vehicles T.C.A. § 55-8-132	6
(q)	Operating improperly due to drowsiness 49 C.F.R. § 1327 & 49 C.F.R. § 392.3; T.C.A. §§ 55-8-136 & 55-50-202	5
(r)	Violation of truck lane restriction T.C.A. § 55-8-195	3
(s)	Driving Commercial Motor Vehicle without obtaining a Commercial Driver License 49 C.F.R. § 383.23; T.C.A. §§ 55-50-302 & 55-50-202	8
(t)	Driving Commercial Motor Vehicle without a current Commercial Driver License on person 49 C.F.R. § 383.23 & 49 C.F.R. § 383.41; T.C.A. §§ 55-50-351, 55-50-404, 55-50-413 & 55-50-202	3
(u)	Driving Commercial Motor Vehicle without proper endorsement or class of Commercial Driver License 49 C.F.R. § 383.23 & 49 C.F.R. § 383.91; T.C.A. §§ 55-50-302, 55-50-404 & 55-50-202	6
(v)	Conviction driving while disqualified or while canceled 49 C.F.R. § 383.23 & 49 C.F.R. § 383.91; T.C.A. §§ 55-50-504 & 55-50-202	8

(5) Moving Traffic Violations - Points for Commercial Motor Vehicles Hauling Hazardous Material

(a)	Speeding in a Commercial Motor Vehicle Hauling Hazardous Material T.C.A. § 55-8-152
	1. Tickets and abstracts where speed not indicated	5
	2. Speeding 1-5 m.p.h. in excess of posted speed zone	3
	3. Speeding 6-14 m.p.h. in excess of posted speed zone	5
	4. Speeding, 15-25 m.p.h. in excess of posted speed zone	5
	5. Speeding, 26-35 m.p.h. in excess of posted speed zone	6
	6. Speeding, 36 m.p.h. and above in excess of posted speed zone	7
	7. Speed less than posted minimum T.C.A. § 55-8-154	5
(b)	Reckless driving T.C.A. § 55-10-205	8
(c)	Improper passing T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121	5
(d)	Improper or erratic lane change T.C.A. § 55-8-123	6
(e)	Following Improperly T.C.A. § 55-8-124	5
(f)	Careless or negligent driving T.C.A. § 55-8-136	6
(g)	Failure to obey traffic instructions T.C.A. § 55-8-109	5
(h)	Wrong way, side or direction T.C.A. § 55-8-120	5
(i)	Failure to yield right of way T.C.A. § 55-8-128 & 55-8-197	5
(j)	Making improper turn T.C.A. §§ 55-8-140, 55-8-141 & 55-8-142	5
(k)	Failure to signal direction or reduce speed T.C.A. § 55-8-142	4
(l)	Passing stopped school, church or youth bus taking or discharging passengers T.C.A. § 55-8-151	8
(m)	Following emergency vehicle unlawfully T.C.A. § 55-8-132	3
(n)	Miscellaneous traffic violations; any offense involving the unsafe operation of a commercial motor vehicle hauling hazardous material not herein specified	4
(o)	Conviction of driving while disqualified or cancelled T.C.A. § 55-50-504	8

Tenn. Comp. R. & Regs. 1340-01-04-.03

Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Amendments filed March 11, 2008; effective July 29, 2008. Repeal and new rule filed March 26, 2014; effective 8/29/2014.

Authority: T.C.A. §§ 4-5-202, 39-13-103, 39-16-602, 55-8-101 et seq., 55-10-205, 55-50-102, 55-50-202, 55-50-301 et seq., 55-50-401 et seq., and 55-50-504; 49 C.F.R. § 383, 49 C.F.R. § 392, 49 C.F.R. § 397 and 49 C.F.R. § 1327.