Section 1340-01-13-.08 - GENERAL ELIGIBILITY STANDARDS(1) Eligibility requirements for a Tennessee driver license, intermediate license, photo identification license, instructional permit, temporary driver license, temporary intermediate driver license, temporary photo identification license and temporary instructional permit:(a) To be eligible to apply for a driver license, intermediate license, photo identification license or instructional permit, applicants are required to be a resident of Tennessee and a United States citizen or a lawful permanent resident of the United States.(b) To be eligible to apply for a temporary driver license, temporary intermediate driver license, temporary photo identification license or temporary instructional permit, an applicant's presence must be authorized by the federal government for a specific purpose and for a specified period of authorized stay, provided that no temporary license shall be issued for a period of less than one (1) year or longer than five (5) years. Such applicant shall be a resident of Tennessee and meet all other identification and residency requirements required by the Department.(2) If an applicant is found to be eligible to apply for a license or temporary driver license, before that license or temporary driver license is issued, all requirements regarding the proper submission of an application must be satisfied, including, but not limited to, passing all necessary vision, knowledge and/or skills tests and paying all appropriate fees and fines.(3) To be eligible to apply for commercial classes, endorsements, and instructional permits, applicants must meet the following standards: (a) Age - applicants must be at least twenty-one (21) years of age, except that:1. Persons nineteen (19) years of age shall be permitted to apply for a Class A or B license, provided that until they reach the age of twenty-one (21) they shall be restricted to operating vehicles which do not require special endorsements, solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal.2. Persons eighteen (18) years of age shall be permitted to apply for Class B license, provided that until they reach the age of twenty-one (21) they shall be restricted to operating vehicles which do not require special endorsements, solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal.(b) Physical and mental standards -Unless otherwise specified in 1340-1- 13.-09, applicants shall meet the physical and mental standards as specified in 49 C.F.R. § 391.41(1989).(c) Driver license status - Applicants' privilege to drive shall not be under disqualification, suspension, cancellation, revocation, or denial in this or any other state.(4) To obtain any endorsement required to be added to a commercial driver license in order to operate a specific commercial motor vehicle, the applicant must meet the same standards specified for Classes A, B, C, PA, PB, and PC, except that: (a) Applicants for the School Bus (S) endorsement shall have at least five (5) years of unrestricted licensed driving experience.1. Those employed by public school systems shall present or have on file with the Department a current certificate of eligibility issued by the local school system; and, upon renewal, shall have attended all required in-service training.2. Those employed by private school systems shall present or have on file with the Department a letter verifying their employment.(5) Applicants for Class D licenses or Class XD temporary driver licenses must meet the minimum standards: (a) Age - Applicants must be at least sixteen (16) years of age, provided that applicants under eighteen (18) years of age shall fulfill all additional requirements specified in 1340-1-13-.13 for the licensing of minors.(b) Physical and mental standards - Applicants must be physically and mentally capable of safely operating a motor vehicle as stated in 1340-1-13-.09.(c) Driver license or temporary driver license status - Applicants' privilege to drive shall not be under suspension, cancellation, revocation, or denial in this or any other state.(6) Applicants for a Class PD license or Class XP temporary driver license shall meet the same standards specified above for Class D or Class XD, except that applicants shall be at least fifteen (15) years of age; further, those under eighteen (18) years of age shall fulfill all additional requirements specified in 1340-1-13-.13(1)(b) and (c) for the licensing of minors.(7) To obtain the For-Hire (F) endorsement, required to be added to the Class D license or Class XD temporary driver license for persons hired to drive as chauffeurs, the applicant must meet the same standards specified for Class D, except that applicants shall be at least eighteen (18) years of age.(a) Persons sixteen (16) years of age shall be permitted to apply for the For-Hire endorsement provided that the vehicle the applicant is hired to drive is owned by the applicant's family business to conduct deliveries of goods and products exclusively for such family business.(8) Applicants for Class M and Class PM licenses or Class XM temporary driver licenses and Class XPM temporary driver licenses must meet the eligibility standards specified for Class D, except as provided for in 1340-1-12.(9) Applicants for Class H licenses or Class XH temporary driver licenses must meet the same eligibility standards specified for Class D in subpart (5) above, except that:(a) Applicants shall be between fourteen (14) and sixteen (16) years of age;(b) Applicants shall demonstrate by providing documentation that a hardship, as defined at 1340-1-13-.02(25), would result if such license were not approved;(c) Applicants shall not have to meet the requirements specified in 1340-1-13-.13(d); and(d) All Class H licenses expire on the 16th birthday. Class XH temporary driver licenses expire based upon legal presence documents or on the 16th birthday, whichever comes first.Tenn. Comp. R. & Regs. 1340-01-13-.08
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(6), 55-50-102(20), 55-50-202, 55-50-301, 55-50-302, 55-50-303, 55-50-311, 55-50-321, 55-50-322, 55-50-331, 55-50-404, 55-50-410, 55-50-504, Public Chapter No. 194, 2007, Public Acts of 2004; Chapter 778, 49 C.F.R. §383(1992), and Title VI, Public Law 99-570, §§12005 and 12009.