Section 1340-01-13-.03 - DRIVER LICENSE AND TEMPORARY DRIVER LICENSE CLASSIFICATIONS(1) An original classified/commercial driver license shall be issued to any qualified applicant for the purpose of legally operating a commercial and/or non-commercial motor vehicle. No person shall have more than one (1) driver license.(2) Requirements for determining the driver license classification are as follows:(a) Class A (Commercial Driver License) - Required for any person who operates a combination vehicle with a G.C.W.R. in excess of twenty-six thousand (26,000) pounds; provided the vehicle being towed is in excess of ten thousand (10,000) pounds G.V.W.R.1. Persons holding a valid Class A license may operate Class B, and Class C vehicles as long as any required endorsements appear on the license, and Class D vehicles, but not Class M vehicles unless this class is also issued in conjunction with the Class A license.(b) Class B (Commercial Driver License) - Required for any person who operates a single vehicle with a G.V.W.R. in excess of twenty-six thousand (26,000) pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds G.V.W.R. 1. Persons holding a valid Class B license may also operate any vehicle for which a Class C license is required if the required endorsements appear on the license, or any Class D vehicle but not Class M vehicles unless this class is also issued in conjunction with the Class B license. Class B license holders arc not entitled to operate Class A vehicles.(c) Class C (Commercial Driver License) - Required for any person who operates a single vehicle with a G.V.W.R. not in excess of twenty-six thousand (26,000) pounds, when the vehicle is required to be placarded for transportation of hazardous materials, designed to transport more than fifteen (15) passengers, including the driver, or used as a school bus.1. Persons holding a valid Class C license may also operate Class D vehicles, but not Class M vehicles unless this class is also issued in conjunction with the Class C license. Class C license holders are not entitled to operate Class A or Class B vehicles.(d) Class D (Non-Commercial Driver License) - Required for any person who operates a single vehicle with a G.V.W.R. not in excess of twenty-six thousand (26,000) pounds, or a combination vehicle with a G.C.W.R. not in excess of twenty-six thousand (26,000) pounds, except vehicles in Classes A, B, C or M or vehicles which require a special endorsement unless the proper endorsement appears on the license.(e) Class H (Non-Commercial) - A special class license which may be issued to a minor at least fourteen (14) years of age but not yet sixteen (16) years of age, only in cases where review of required documentation substantiates a family hardship and that is limited to a specific need.1. A person holding a valid Class H license may operate Class D (passenger) or Class M (motor-driven cycle) vehicles only. However, to drive a Class M vehicle, the applicant shall be required to take the Class M driving test in addition to the Class D test.2. Valid only for daylight hours, but no earlier than 5:00 a.m. and no later than 7:00 p.m. No exceptions.3. Valid only for travel to pre-authorized locations that are specified on the authorization letter.4. Passengers are limited to immediate family members only.5. A person holding a valid Class H license is not allowed to tow other vehicles or trailers.6. Approved for the most direct routes only with a mileage limitation of 25 miles, one way.7. Destinations that will be considered for approval with appropriate justification include: (i) School - only if no bus transportation is provided;(ii) Extracurricular School Activities - only if no bus transportation is provided and these activities are school sponsored or are accredited courses and extreme privation exists;(iii) Work - only if income is required to help financially support the family (proof of combined gross income in the form of a copy of previous year's income tax record may be required); and(iv) Medical - only for serious illnesses of immediate family members. Family members may include parents, grandparents, stepparents or legal guardians if living in the same household as applicant. Documentation required from physician.(v) Hardship destinations as determined by the Commissioner.8. If the holder of the Class H license is at least fifteen (15) years of age, the Class H license may be used as a learner permit for Class D vehicles, as long as all other requirements pertaining to the appropriate Class P license are met.(f) Class M (Non-Commercial Driver License) - Required for any person who operates motorcycles as defined in Chapter 1340-12-1. May be issued in conjunction with another class of license i.e., Class AM.(g) Class P (Commercial/Non-Commercial Driver License) - Required for any person who is learning to operate a particular class of vehicle on an instructional basis only. 1. Issued only in conjunction with another license class, and must indicate the other class of vehicle(s) the applicant is legally entitled to operate.(3) Requirements for determining the temporary driver license classification are as follows: (a) Class XD (Non-Commercial Temporary Driver License). Required for any person whose presence in the United States has been authorized by the federal government for a specific purpose and for a specified period of authorized stay or who does not satisfy the requirements of T.C.A. §§ 55-50-331(g) or 55-50-321(c)(1)(C) who operates a single vehicle with a G.V.W.R. not in excess of twenty-six thousand (26,000) pounds, or a combination vehicle with a G.C.W.R. not in excess of twenty-six thousand (26,000) pounds, except Classes A, B, C or M or vehicles which require a special endorsement unless the proper endorsement appears on the license.(b) Class XH (Non-Commercial Temporary Driver License). A special class temporary driver license which may be issued to a minor at least fourteen (14) years of age but not yet sixteen (16) years of age, only in cases where review of required documentation substantiates a family hardship and that is limited to a specific need.1. A person holding a valid Class XH temporary driver license may operate Class D (passenger) or Class M (motor-driven cycle) vehicles only. However, to drive a Class M vehicle, the applicant shall be required to take the Class M driving test in addition to the Class D test.2. Valid only for daylight hours, but no earlier than 5:00 a.m. and no later than 7:00 p.m. No exceptions.3. Valid only for travel to pre-authorized locations that are specified on the authorization letter.4. Passengers are limited to immediate family members only.5. A person holding a valid Class XH temporary driver license is not allowed to tow other vehicles or trailers.6. Approved for the most direct routes only with a mileage limitation of 25 miles, one way.7. Destinations that will be considered for approval with appropriate justification include: (i) School - only if no bus transportation is provided;(ii) Extracurricular School Activities - only if no bus transportation is provided and these activities are school sponsored or are accredited courses and extreme privation exists;(iii) Work - only if income is required to help financially support the family (proof of combined gross income in the form of a copy of previous year's income tax record may be required); and(iv) Medical - only for serious illnesses of immediate family members. Family members may include parents, grandparents, stepparents or legal guardians if living in the same household as applicant. Documentation required from physician.(v) Hardship destinations as determined by the Commissioner.8. If the holder of the Class XH temporary driver license is at least fifteen (15) years of age, the Class XH temporary driver license may be used as a learner permit for Class D vehicles, as long as all other requirements pertaining to the appropriate Class XP temporary driver license are met.(c) Class XM (Non-Commercial Temporary Driver License). The temporary driver license that must be issued and valid for the operation of a motor driven cycle, or a motorized bicycle as defined in Chapter 1340-1-12.(d) Class XP (Non-Commercial Temporary Driver License). An instructional permit to allow the operator to drive a particular class of vehicle on an instructional basis only. Issued only in conjunction with a temporary driver license indicating the class of vehicle(s) that the operator is legally entitled to operate.(4) An original photo identification license or temporary photo identification license shall be issued to any qualified applicant for identification purposes only with no authorization to operate any motor vehicle.Tenn. Comp. R. & Regs. 1340-01-13-.03
Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. Emergency rule filed March 22, 2006; effective through September 3, 2006. Amendment filed March 31, 2006; effective July 28, 2006. Public necessity rule filed September 24, 2007, effective through March 7, 2008. Public necessity rule filed September 24, 2007, expired March 8, 2008. Public necessity rule filed March 11, 2008, effective through August 23, 2008. Amendments filed December 3, 2007; effective April 29, 2008.Authority: T.C.A. §§ 4-5-202, 55-50-102, 55-50-102(20), 55-50-202, 55-50-311, 55-50-321, 55-50-331, 55-50-336, 55-50-312, 55-50-401, 55-50-404, 55-50-410, Public Acts of 2004; Chapter 778, 49 C.F.R. §383(1992), and Public Chapter No. 194, 2007, Title MI, Public Law 99-570, §§12005, 12009, and 12019.