1340-01-13-.02 - DEFINITIONS

1340-01-13-.02. DEFINITIONS

(1) Applicant means an individual who applies to obtain, transfer, upgrade, renew, or reinstate a driver or photo identification license.

(2) Cancellation of License means the annulment or termination by formal action of the Department of a person's driver or photo identification license because the licensee is no longer entitled to such license, due to either an error or defect in the license or application, or to a failure to maintain standards of eligibility, as defined by T.C.A. Title 55, Chapter 50.

(3) Certificate for Driving means a certificate issued to persons whose presence in the United States has been authorized by the federal government for a specific purpose and for a specific time and who meet identification and residency requirements required by the Department in 1340-1-13-.12. Such certificate shall be clearly distinguishable from a driver license and shall clearly display on its face a phrase similar to "FOR DRIVING PURPOSES ONLY - NOT VALID FOR IDENTIFICATION".

(4) Certificate for Driving -Types:

(a) Type TD. The certificate that must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26, 000) pounds or less, or any combination of vehicles with a G.C.W.R. of twenty six thousand (26, 000) pounds or less, and are not included in the definitions of Class A, B, C or M.

(b) Type TH. A special type of certificate issued to a minor between fourteen (14) and sixteen (16) years of age and restricted to the operation of a Class D or a Class M vehicle.

(c) Type TM. The certificate that must be issued and valid for the operation of a motorcycle, motor driven cycle or a motorized bicycle as defined in Chapter 1340-1-12.

(d) Type TP. 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 certificate for driving indicating the class of vehicle(s) which the operator is legally entitled to operate.

(5) Certified Driving Instructor means any person who gives driver training or who offers a course in driver training, and is certified by the Department under 1340-1-6.

(6) Chauffeur means every person whose primary job duty consists of operating a motor vehicle more than fifty percent (50%) of the time, and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.

(7) Code of Federal Regulations (C.F.R.) means a reference to the most current version issued.

(8) Commercial Driver License means a license issued by the Department in accordance with the standards contained in 49 Code of Federal Regulation (C.F.R.) §§ 383 (1992) and 391 (1989) to an individual which gives the authorization to operate a class of commercial motor vehicle.

(9) Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(a) has a gross vehicle weight rating (G.V.W.R.) or gross combination weight rating (G.C.W.R.) in excess of twenty-six thousand (26, 000) pounds;

(b) is designed to transport more than fifteen (15) passengers, including the driver;

(c) is of any size and used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, 49 U.S.C. App. 1801 et seq., and which must be placarded, under the Hazardous Materials Regulations 49 C.F.R. § 172.500 et seq. (1993); or

(d) is used as a school bus.

(10) Commissioner means the Commissioner of the Tennessee Department of Safety.

(11) Company means a corporation, partnership, joint venture or sole proprietorship, which includes federal, state, county agencies and municipalities.

(12) Controlled Substance means any substance classified under Section 102(6) of the Controlled Substances Act, 21 U.S.C. § 802 (6), and includes all substances listed on Schedules I through V, of 21 C.F.R. § 1308(1985), as they may be revised from time to time.

(13) Conviction means:

(a) an unvacated adjudication of guilt or a determination that a person has violated, or failed to comply with, the law in a court of original jurisdiction or an authorized administrative tribunal;

(b) an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court;

(c) a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost; or

(d) a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(14) Department means the Tennessee Department of Safety acting directly or through its duly authorized officers and agents.

(15) Disqualification means:

(a) the suspension, revocation, cancellation, or any other withdrawal by a State of a person's privileges to drive a commercial motor vehicle,

(b) a determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in 49 C.F.R. § 386(1991) that a person is no longer qualified to operate a commercial motor vehicle under 49 C.F.R. § 391(1989) or;

(c) the loss of qualification which automatically follows conviction of an offense listed in 49 C.F.R. § 383.51

(16) Domicile, State of means a person's fixed, permanent, and principal home for legal purposes and to which he/she has the intention of returning whenever he/she is-absent.

(17) Driver means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(18) Driver License means a license issued by the Department, a state or other jurisdiction, to a person which authorizes the person to operate a motor vehicle on the highways.

(19) Driver Licenses - Classes:

(a) Class A. The license which must be issued and valid for the operation of any combination of motor vehicles with a G.C.W.R. in excess of twenty-six thousand (26, 000) pounds, provided the motor vehicle or trailers being pulled have a G.V.W.R. in excess of ten thousand (10, 000) pounds.

(b) Class B. The license which must be issued and valid for the operation of any single vehicle with a G.V.W.R. in excess of twenty-six thousand (26, 000) pounds, and any such vehicle towing a vehicle not in excess of ten thousand (10, 000) pounds.

(c) Class C The license which must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26, 000) pounds or lessor any combination of vehicles with a G.C.W.R. of twenty-six thousand (26, 000)-pounds or less. This class applies to vehicles which are required to be placarded for hazardous materials, designed to transport more than fifteen (15) passengers including the driver, or used as school buses.

(d) Class D. The license which must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26, 000) pounds or less, or any combination of vehicles with a G.C.W.R. of twenty six thousand (26, 000) pounds or less, and are not included in the definitions of Class A, B, C or M.

(e) Class H. A special class license which may be issued to a minor between fourteen (14) and sixteen (16) years of age and restricted to the operation of a Class D or Class M vehicle.

(f) Class M. The license which must be issued and valid for the operation of a motorcycle, motor driven cycle or a motorized bicycle as defined in Chapter 1340-1-12.

(g) Class P. An instructional permit to allow the operator to drive a particular class of vehicle on an instructional basis only. Issued only in conjunction with another class indicating the class of vehicle(s) which the operator is legally entitled to operate.

(20) Emancipated Minor means a child who has been granted the status of adulthood by court order, marriage or enlistment in the United States armed forces.

(21) Endorsements mean special authorizations required to be displayed on Class A, B, or C driver licenses which permit the driver to operate certain types of commercial motor vehicles; or special authorization required to be displayed on Class D licenses to operate the vehicle as a chauffeur.

(a) "Double/Triple." The endorsement required on a commercial class license to permit the licensee to operate a vehicle authorized to pull more than one (1) trailer.

(b) "Hazardous Materials." The endorsement required on a commercial class license to permit the licensee to operate a vehicle required to be placarded for transporting hazardous materials as defined in the Hazardous Materials Transportation Act, 49 U.S.C. App. 1801 et seq., and by 49 C.F.R. § 177.500 et seq. (1993).

(c) "Cargo Tank." The endorsement required on a commercial class license to permit the licensee to operate a vehicle which is designed to transport, as its primary cargo, any liquid or gaseous materials within a tank which is either permanently or temporarily attached to the vehicle or the chassis, with the tank having a designed capacity of one thousand (1, 000) gallons or more.

(d) "Passenger." The endorsement required on a commercial class license to permit the licensee to operate a vehicle designed to transport more than fifteen (15) passengers, including the driver. Passenger capacity is determined by the manufacturer's design, or legal modification, whichever is greater.

(e) "School Bus." The endorsement required on a commercial class license to permit the licensee to operate a vehicle being used as a school bus.

(f) "For-Hire." The endorsement required to permit a licensee to operate a Class D vehicle as a chauffeur.

(22) Felony means any offense under State or Federal law that is punishable by death or imprisonment for a term exceeding one (1) year.

(23) Fraud means deceit, trickery, misrepresentation, or subterfuge.

(24) Gross Combination Weight Rating (G.C.W.R.) means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of such value specified by the manufacturer, G.C.W.R. will be determined by adding the Gross Vehicle Weight Rating of the power unit and the total weight of the towed unit and any load thereon, or the registered weight rating.

(25) Gross Vehicle Weight Rating (G.V.W.R.) means the value specified by the manufacturer as the maximum loaded weight of a single vehicle, or the registered weight rating.

(26) Hardship means a circumstance which would cause extreme privation and/or suffering.

(27) Hazardous Materials means the term as defined under 49 U. S.C. §§ 1801, 1802, and 1803.

(28) Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(29) Intrastate Commerce means any trade, traffic, or transportation within the geographical boundaries of any State.

(30) Interstate Commerce means any trade, traffic, or transportation in the United States which is between a place in a State and a place outside of such State, including a place outside of the United States, or is between two (2) places in a state through another State or a place outside of the United States.

(31) Lawful Permanent Resident means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.

(32) License means driver license or photo identification license.

(33) Minor means any person who has not attained the age of eighteen (18) years.

(34) Motor Vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this State, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

(35) Nonresident means every person who is not a resident of Tennessee.

(36) Operator means every person who drives, or who is in actual physical control of, a motor vehicle upon a highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(37) Passenger means any individual who is not the driver of, but who is carried, transported or otherwise moved on or in, a motor vehicle.

(38) Person means every natural person, firm, co-partnership, association, or corporation.

(39) A Photo Identification License means a license issued for identification purposes only, and which grants no authorization to operate any motor vehicle.

(40) Recreational Vehicle means every motor vehicle primarily designed as temporary living quarters for recreational camping or travel, as defined in American National Standards Institute (ANSI) Standards A 119.2 and A 119.5. The basic entities are: travel trailer, camping trailer, truck camper, motor home, and park trailer.

(41) Representative Vehicle means a motor vehicle which represents the type of motor vehicle that an applicant operates or expects to operate.

(42) Resident means every person that makes Tennessee their state of domicile, or lives in Tennessee for a period of time exceeding thirty (30) days, has taken employment or would qualify as a registered voter.

(43) Revocation of Driver License means the termination by formal action of the Department of a person's driver license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the Department after the expiration of at least one (1) year after the date of revocation, and after all statutory and regulatory requirements for reinstatement have been met.

(44) School means any educational entity serving to satisfy the compulsory attendance requirement as defined by T C.A. § 49-6-3001.

(45) School Bus means every motor vehicle designed to pick up and discharge children on highways in order to transport them to or from school or school-related activities, and which vehicle is operated for compensation.

(46) Secretary means the Secretary of Transportation of the United States.

(47) Serious Traffic Violation means both criminal and civil convictions, when operating a commercial motor vehicle, of

(a) excessive speeding, involving any single offense for an), speed of fifteen (15) miles per hour or more above the posted speed limit;

(b) reckless driving, as defined under T.C.A. § 55- 10- 205;

(c) improper passing/improper or erratic traffic lane changes;

(d) following too closely;

(e) a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or injury to any person or property; or

(f) any other violation of a state or local law, ordinance, or resolution relating to motor vehicle traffic control, other than a parking violation, which the Secretary determines pursuant to 49 C.F.R. 383.5(1993) to be serious.

(48) State means a State of the United States and the District of Columbia.

(49) Suspension of Driver License, Temporary Driver License or Certificate for Driving means the temporary withdrawal by formal action from the Department of a person's driver license, temporary driver license, certificate for driving or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the Department, not to exceed six (6) months for any first offense except as provided otherwise under law.

(50) Temporary Driver License means a license issued by the Department to an individual which authorizes the individual to operate a motor vehicle on the highways for the individual's authorized period of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.

(51) Temporary Driver Licenses - Classes:

(a) Class XD. The temporary driver license that must be issued and valid for the operation of any single vehicle with a G.V.W.R. of twenty-six thousand (26, 000) pounds or less, or any combination of vehicles with a G.C.W.R. of twenty six thousand (26, 000) pounds or less, and are not included in the definitions of Class A, B, C or M.

(b) Class XH. A special class of temporary driver license which may be issued to a minor between fourteen (14) and sixteen (16) years of age and restricted to the operation of a Class D or a Class M vehicle.

(c) Class XM. The temporary driver license that must be issued and valid for the operation of a motorcycle, motor driven cycle, or a motorized bicycle as defined in Chapter 1340-1-12.

(d) Class XP. 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) which the operator is legally entitled to operate.

(52) Temporary Photo Identification License means a temporary license issued for identification purposes only, and which grants no authorization to operate a motor vehicle. A temporary photo identification license shall be valid only during the period of time of the individual's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year.

(53) United States means the fifty (50) States and the District of Columbia.

(54) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(55) Violation means the same as conviction as defined under 1340-1-13-.02.

(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, 39-11-106, 55-50-102, 55-50-102(18), 55-50-102(29), 55-50-202, 55-50-302, 55-50-312, 55-50-321, 55-50-331, 55-50-336, 55-50-410, 55-50-601, 21 C.F.R. § 1308(1985), 49 C.F.R. §§ 172(1993), 383 (1992), 386 (1991), and 391 (1989), Public Chapter No. 194, 2007, Public Acts of 2004; Chapter 778, 21 U.S.C § 802, 49 U.S.C § 1802 and 1803, and Title XII, Public Law 99-5 70, §§ 12009 and 12019.

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