Tenn. Comp. R. & Regs. 1340-01-13-.25

Current through October 22, 2024

Section 1340-01-13-.25 - COMMERCIAL ENTRY LEVEL DRIVER TRAINING REQUIREMENTS

(1) As used in this section,

(a) "FMCSA" means the Federal Motor Carrier Safety Administration.

(b) "Approved FMCSA Training provider" means an entity that is listed on the FMCSA Training Provider Registry. Training providers may include, but are not limited to, training schools, educational institutions, rural electric cooperatives, motor carriers, State/local governments, school districts, joint labor management programs, owner operators, and individuals.

(c) "Entry-level driver training" means training a driver receives from an entity listed on FMCSA's Training Provider Registry prior to:

1. Taking the CDL skills test required to receive the Class A or Class B CDL for the first time;

2. Taking the CDL skills test required to upgrade to a Class A or Class B CDL; or

3. Taking the CDL skills test required to obtain a passenger and/or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time.

(2) Issuance Requirements

(a) Commercial Driver Licenses and Endorsements

1. On or after February 7, 2022, an applicant must have completed both a theory and behind the wheel training (range and public road) entry level driver training program from an Approved FMSCA Training Provider in order to be eligible to be issued a new Class A or Class B CDL or to upgrade to a Class A or Class B CDL.

2. On or after February 7, 2022, an applicant seeking to obtain a passenger (P), school bus (S), or hazardous materials (H) endorsement for the first time, must complete the training related to that endorsement from an Approved FMSCA Training Provider in order to be eligible to be issued the requested endorsement(s).

3. Except for entry level drivers seeking the hazardous materials (H) endorsement, the theory and behind the wheel training (range and public road) portions of any entry level driver training program must have been completed within one (1) year of each other.

(b) Commercial Learner Permits

1. Applicants who obtain a Commercial Learner Permit (CLP) before February 7, 2022, are not required to comply with this rule if they obtain a CDL before the CLP or renewed CLP expires.

2. Applicants who obtain a CLP on or after February 7, 2022, are required to complete the entry level driver training course before being issued a CDL or a passenger (P), school bus (S), or hazardous materials (H) endorsement.

(c) The following applicants are not required to comply with the requirements of subsection 1340-01-13-.25(2)(a):

1. Drivers who were issued a Class A CDL, Class B CDL, or a passenger (P), school bus (S), or hazardous materials (H) endorsement before February 7, 2022, who are applying for renewal of their CDL or endorsement(s).

2. Applicants who are eligible for a military skills test waiver under T.C.A. § 55-50-322(b)(2).

3. Applicants who are seeking to remove a restriction in accordance with 49 C.F.R. § 383.135(b)(7).

(d) An applicant who applies for a commercial driver license, commercial learner permit or any endorsement for a commercial driver license or commercial driver permit shall be required to comply with the requirements of 49 C.F.R. §§ 380.600 et. seq. in addition to any other federal or state regulations, and all subsequent amendments thereto, promulgated, approved and adopted by the Federal Motor Carrier Safety Administration.

Tenn. Comp. R. & Regs. 1340-01-13-.25

New rule filed June 30, 2021; effective 9/28/2021.

Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.