Section 1340-01-13-.15 - EXAMINATIONS(1) All original applicants for commercial licenses, non-commercial licenses or temporary driver licenses shall pass vision, knowledge, and skills tests before the license is issued. Applicants seeking to obtain an instructional permit shall pass vision and knowledge tests before the permit is issued. Tests may include: (a) A vision test with the minimum qualifications as stated in 1340-1-13-.10.(b) A knowledge test passed by answering at least eighty percent (80%) of the questions correctly. Test format may be written, oral, visual, or any combination thereof. 1. All such examinations given to persons under eighteen (18) years of age shall be written, except any person with a medical condition, certified by a physician, which would render a written examination impractical, or except any disabled child, including the learning disabled, certified by an educational specialist as unable to be tested by written methods, may be given an oral examination.2. Any cheating on a required examination will result in an automatic failure.(2) Applicants for commercial licenses must successfully complete all examinations set forth by 49 C.F.R. § 383(1992) unless eligible for waivers from knowledge, skills, and/or vision tests as established by the Secretary.(3) The required knowledge and skills tests may be waived for a non-resident who establishes residency in the State of Tennessee, as long as the driver license issued by the former state has not expired for a period which exceeds six (6) months, and is not subject to suspension, revocation or cancellation. (a) Except that in accordance with 49 C.F.R. § 383(1992), such applicants for commercial licenses wishing to retain their Hazardous Materials endorsement shall be required to pass this knowledge test before being issued the endorsement and;(b) Applicants for commercial licenses wishing to retain their School Bus endorsement shall be required to pass the school bus knowledge test before being issued this endorsement.(4) The required vision, knowledge and skills tests may be waived for persons applying for reinstatement of a canceled, suspended, or revoked driver license or temporary driver license as long as the license or temporary driver license has not been expired in excess of five (5) years.(5) All drivers licensed by the State of Tennessee who are on active duty in the United States armed forces and assigned outside the State of Tennessee may renew their licenses without further examination unless such application is made more than five (5) years from the date of separation on the DD-214, or reassignment back to the State of Tennessee.(6) To retain the Hazardous Materials endorsement, applicants for commercial licenses must successfully complete the appropriate endorsement test(s) upon each renewal period.(7) The Department may establish contracts with third parties to conduct the licensing examinations, as specified in 1340-1-13-.22.Tenn. Comp. R. & Regs. 1340-01-13-.15
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. §§ 55-10-403(d)(1), 55-50-202, 55-50-321, 55-50-322, 55-50-331, 55-50-338, 49 C.F.R. § 383(1992), Public Chapter No. 194, 2007 and Public Acts of 2004; Chapter 778.