Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0492 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 1023
3		-	By Russell
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 492
6	5		By Bowling
7	6
8	7
9	8		SB0492
10	9		000665
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 55
14	13		and Title 65, Chapter 15, relative to commercial
15	14		driver licenses.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Section 55-50-403, is amended by adding
19	18		the following as a new subdivision (3) and redesignating the existing subdivisions accordingly:
20	19		(3) In which the employee is unable to read and speak the English language
21	20		sufficiently to converse with the general public, to understand highway traffic signs and
22	21		signals, to respond to official inquiries, and to make entries on reports and records as
23	22		required by 49 CFR 391.11(b)(2); provided, that it is not a violation under this subdivision
24	23		(3) if an employee who fails to meet the hearing standard under 49 CFR 391.41(b)(11)
25	24		but has obtained an exemption from that requirement and is capable of reading and
26	25		writing in the English language is unable to speak the English language sufficiently;
27	26		SECTION 2. Tennessee Code Annotated, Section 55-50-405, is amended by adding
28	27		the following as a new subsection:
29	28		(j)
30	29		(1)
31	30		(A) The commissioner shall suspend the commercial driver
32	31		license of a driver who is issued an out-of-service order pursuant to § 65-
33	32		15-111(g) or is otherwise found to be unable to read and speak the
34	33		English language sufficiently to converse with the general public, to
35	34		understand highway traffic signs and signals, to respond to official
36	35
37	36
38	37		- 2 - 000665
39	38
40	39		inquiries, and to make entries on reports and records as required by 49
41	40		CFR 391.11(b)(2).
42	41		(B) Subdivision (j)(1)(A) does not apply if the driver:
43	42		(i) Is unable to speak the English language sufficiently;
44	43		(ii) Is capable of reading and writing in the English
45	44		language; and
46	45		(iii) Presents documentation that the driver fails to meet
47	46		the hearing standard under 49 CFR 391.41(b)(11) and has
48	47		obtained an exemption from that requirement.
49	48		(2) A commercial driver license suspended pursuant to subdivision (j)(1)
50	49		remains suspended until the driver demonstrates an ability to read and speak the
51	50		English language sufficiently to converse with the general public, to understand
52	51		highway traffic signs and signals, to respond to official inquiries, and to make
53	52		entries on reports and records as required by 49 CFR 391.11(b)(2) by means of
54	53		a test administered by the department of safety and not by a third party. The
55	54		commissioner shall reinstate a commercial driver license suspended pursuant to
56	55		subdivision (j)(1) upon the driver passing the test described in subdivision (j)(3).
57	56		(3) The department shall develop and administer an English language
58	57		proficiency test that meets the requirements of 49 CFR 391.11(b)(2).
59	58		(4) The employer of the driver is liable for any fines or fees resulting from
60	59		the suspension or reinstatement of a commercial driver license in accordance
61	60		with this subsection (j).
62	61		SECTION 3. Tennessee Code Annotated, Section 65-15-111, is amended by adding
63	62		the following as a new subsection:
64	63		(g)
65	64
66	65
67	66		- 3 - 000665
68	67
69	68		(1) If an enforcement officer determines during the course of a safety
70	69		inspection that a driver is unable to read and speak the English language
71	70		sufficiently to converse with the general public, to understand highway traffic
72	71		signs and signals, to respond to official inquiries, or to make entries on reports
73	72		and records as required by 49 CFR 391.11(b)(2), then the officer shall issue an
74	73		out-of-service order to the driver that also prevents the vehicle from being
75	74		operated until a substitute driver who is capable of reading and speaking the
76	75		English language sufficiently, as required by 49 CFR 391.11(b)(2), is present to
77	76		operate the vehicle in place of the original driver.
78	77		(2) Subdivision (g)(1) does not apply if the driver:
79	78		(A) Is unable to speak the English language sufficiently;
80	79		(B) Is capable of reading and writing in the English language; and
81	80		(C) Presents documentation that the driver fails to meet the
82	81		hearing standard under 49 CFR 391.41(b)(11) and has obtained an
83	82		exemption from that requirement.
84	83		(3) In addition to issuance of the out-of-service order, a violation of this
85	84		subsection (g) is a Class C misdemeanor attributable to the employer of the
86	85		driver, and a citation shall be issued to the employer, punishable only by a fine of
87	86		five hundred dollars ($500); provided, that the employer is subject to civil
88	87		penalties pursuant to 49 CFR 383.53(b)(2). The citation is considered a
89	88		nonmoving traffic violation and no points shall be added to the driver's record for
90	89		a violation of this subsection (g).
91	90		SECTION 4. For purposes of promulgating rules and developing the English language
92	91		proficiency test, this act takes effect upon becoming a law, the public welfare requiring it. For all
93	92		other purposes, this act takes effect January 1, 2026, the public welfare requiring it.