Current through September 24, 2024
(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.
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).
