<BillNo> <Sponsor>
SENATE BILL 492
By Bowling
SB0492
000665
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AN ACT to amend Tennessee Code Annotated, Title 55
and Title 65, Chapter 15, relative to commercial
driver licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-50-403, is amended by adding
the following as a new subdivision (3) and redesignating the existing subdivisions accordingly:
(3) In which the employee is unable to read and speak the English language
sufficiently to converse with the general public, to understand highway traffic signs and
signals, to respond to official inquiries, and to make entries on reports and records as
required by 49 CFR 391.11(b)(2); provided, that it is not a violation under this subdivision
(3) if an employee who fails to meet the hearing standard under 49 CFR 391.41(b)(11)
but has obtained an exemption from that requirement and is capable of reading and
writing in the English language is unable to speak the English language sufficiently;
SECTION 2. Tennessee Code Annotated, Section 55-50-405, is amended by adding
the following as a new subsection:
(j)
(1)
(A) The commissioner shall suspend the commercial driver
license of a driver who is issued an out-of-service order pursuant to ยง 65-
15-111(g) or is otherwise found to be unable to read and speak the
English language sufficiently to converse with the general public, to
understand highway traffic signs and signals, to respond to official
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inquiries, and to make entries on reports and records as required by 49
CFR 391.11(b)(2).
(B) Subdivision (j)(1)(A) does not apply if the driver:
(i) Is unable to speak the English language sufficiently;
(ii) Is capable of reading and writing in the English
language; and
(iii) Presents documentation that the driver fails to meet
the hearing standard under 49 CFR 391.41(b)(11) and has
obtained an exemption from that requirement.
(2) A commercial driver license suspended pursuant to subdivision (j)(1)
remains suspended until the driver demonstrates an ability to read and speak the
English language sufficiently to converse with the general public, to understand
highway traffic signs and signals, to respond to official inquiries, and to make
entries on reports and records as required by 49 CFR 391.11(b)(2) by means of
a test administered by the department of safety and not by a third party. The
commissioner shall reinstate a commercial driver license suspended pursuant to
subdivision (j)(1) upon the driver passing the test described in subdivision (j)(3).
(3) The department shall develop and administer an English language
proficiency test that meets the requirements of 49 CFR 391.11(b)(2).
(4) The employer of the driver is liable for any fines or fees resulting from
the suspension or reinstatement of a commercial driver license in accordance
with this subsection (j).
SECTION 3. Tennessee Code Annotated, Section 65-15-111, is amended by adding
the following as a new subsection:
(g)
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(1) If an enforcement officer determines during the course of a safety
inspection that a driver is unable to read and speak the English language
sufficiently to converse with the general public, to understand highway traffic
signs and signals, to respond to official inquiries, or to make entries on reports
and records as required by 49 CFR 391.11(b)(2), then the officer shall issue an
out-of-service order to the driver that also prevents the vehicle from being
operated until a substitute driver who is capable of reading and speaking the
English language sufficiently, as required by 49 CFR 391.11(b)(2), is present to
operate the vehicle in place of the original driver.
(2) Subdivision (g)(1) does not apply if the driver:
(A) Is unable to speak the English language sufficiently;
(B) Is capable of reading and writing in the English language; and
(C) Presents documentation that the driver fails to meet the
hearing standard under 49 CFR 391.41(b)(11) and has obtained an
exemption from that requirement.
(3) In addition to issuance of the out-of-service order, a violation of this
subsection (g) is a Class C misdemeanor attributable to the employer of the
driver, and a citation shall be issued to the employer, punishable only by a fine of
five hundred dollars ($500); provided, that the employer is subject to civil
penalties pursuant to 49 CFR 383.53(b)(2). The citation is considered a
nonmoving traffic violation and no points shall be added to the driver's record for
a violation of this subsection (g).
SECTION 4. For purposes of promulgating rules and developing the English language
proficiency test, this act takes effect upon becoming a law, the public welfare requiring it. For all
other purposes, this act takes effect January 1, 2026, the public welfare requiring it.