Section 1340-01-13-.09 - MENTAL AND PHYSICAL STANDARDS(1) Any person about whom the Commissioner or his or her designee has good cause to believe would not be able, because of physical or mental disabilities, to operate a motor vehicle in compliance with rules of the road as set forth in T.C.A. Title 55, Chapter 8 is prohibited from being eligible for licensing, except that: (a) Any person who has been previously adjudged to be afflicted with or suffering from any mental disability or disease including substance abuse, who has at the time of application been restored to competency by court order, order from the superintendent of the mental facility, or other such method provided by law, must apply through the Driver Improvement Section to receive a clearance/reinstatement order to present as part of his or her application; and(b) In cases where the Department receives a report regarding a license holder's mental or physical fitness pursuant to 1340-1-4-.06, the licensee shall be eligible to apply for a license only after meeting all requirements contained in that subsection as evidenced by the presentation of an approval letter from the Department.(2) In addition, applicants for non-commercial driver licenses, and applicants for commercial driver licenses exempted from the federal standards by subparagraph (3) shall meet the following minimum physical and mental standards: (a) Applicants who have physical disabilities that can be compensated for by the use of physical controls or mechanical devices which enable the applicant to safely operate a motor vehicle may be licensed if they meet all other appropriate eligibility criteria and pass the skills tests set forth in 1340-1-13-.15 in vehicles where such controls or devices are operational and are noted on the license as a restriction as specified by 1340-1-13-.20.(b) Applicants who are hearing impaired shall be restricted to the operation of vehicles equipped with left and right outside rear-view mirrors.(c) Applicants who suffer from uncontrolled epilepsy (also known as a seizure disorder), momentary lapses of consciousness or control may apply after remaining "lapse free" (seizures have stopped) for a period of one (1) year upon the Department's receipt of a medical statement from a physician specializing in neurology or neurosurgery. However, after a "lapse free" period of six (6) months, applicants may be authorized to take an examination upon the Commissioner's or the Department's receipt of a medical statement and with approval of the Medical Review Board and or Department of Safety authorized officer.(3) Applicants for commercial driver licenses shall meet the minimum physical and mental standards set forth in 49 C.F.R. § 391(1989), except for those specifically exempted therein who are not required to have the Passenger, School Bus, or Hazardous Materials endorsement. If exempted and not required to have the Passenger, School Bus, or Hazardous Materials endorsement, applicants are required instead to meet the general physical and mental eligibility standards set forth in subparagraphs (1) and (2) of this section.(4) Applicants for commercial driver license involved only in intrastate commerce who do not meet the standards set forth in 49 C.F.R. § 391(1989), may be eligible for special licenses restricting their operation of a commercial motor vehicle as follows:(a) Those restricted to special intra-city zones shall present a medical card stating: "Medically unqualified unless driving within an exempt intra-city zone."(b) Those meeting all medical standards except for being an insulin dependent diabetic, who do not need H or P endorsements, are eligible to apply if for three (3) years prior to May, 1990, they were continuously employed as a commercial motor vehicle operator, and they had no serious traffic violations, no periods of disqualification, and no reportable "at fault" accidents.(c) Those meeting all medical standards except for distant visual acuity, if such persons have one eye meeting the standards of 49 C.F.R. § 391.41(b)(10) (1989) and do not need the H or P endorsements, are eligible to apply if they meet the same standards specified for insulin dependent diabetics in (4)(b).(d) Those meeting all standards set forth in (4)(c) above may be permitted to apply for the H endorsement if they present a certified letter from their company that they meet the standards of 49 C.F.R. § 391.71(1989).(5) The mental and physical standards in this rule applicable to non-commercial driver licenses shall also apply to applicants for and holders of temporary driver licenses.Tenn. Comp. R. & Regs. 1340-01-13-.09
Original rule filed April 8,1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. 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, 55-50-202, 55-50-303, 55-50-322, 55-50-331, 55-50-410, 55-50-411, 55-50-505, Public Chapter No. 194, 2007 and Public Acts of 2004; Chapter 778, and 49 C.F.R. §§383(1992), 390(1989), 391(1989) and 391.41(1989).