Tennessee

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• Metropolitan Government of Nashville and Davidson County..., Not Reported in...
  The Trial Court granted defendant permission to attend traffic school in lieu of a fine. On appeal, Court of Appeals reversed because State and federal law does not permit diversion for a commercially licensed operator.
• State v. Banks, 875 S.W.2d 303 (1993)
  Following defendant's guilty plea to two charges of first-offense driving under influence of intoxicant (DUI), the Criminal Court, Shelby County, entered order requiring issuance of restricted commercial driver's license to allow defendant to continue his employment as bus driver. State appealed. The Court of Criminal Appeals held that trial court lacked authority to order issuance of restricted commercial driver's license. Reversed.
• State v. Brooks, Slip Copy (2011)
  The appellant, Tracy J. Brooks, pled guilty in the McMinn County Circuit court to driving under the influence (DUI) and received a sentence of eleven months, twenty-nine days to be served as forty-eight hours in jail and the remainder on probation. As a condition of her plea, the appellant reserved a certified question of law, namely whether the police officer had reasonable suspicion to initiate a traffic stop. Based upon the oral arguments, the record, and the parties' briefs, Court of Criminal Appeals affirmed the judgment of the trial court.
• State v. Coleman, Slip Copy (2009)
  The defendant was found guilty following a bench trial of violating the implied consent law. He appealed, arguing that the trial court erred in finding him guilty absent a showing by the State that the breathalyzer test was administered in accordance with the standards set forth in State v. Sensing, 843 S.W.2d 412 (Tenn.1992). After review, Court of Criminal Appeals affirmed the judgment of the trial court.
• State v. MacKinnon, Slip Copy (2011)
  IMPLIED CONSENT Defendant, charged with driving under the influence of alcohol (DUI), was convicted by jury in the Circuit Court, Sevier County, of violating the implied consent law. Defendant appealed. The Court of Criminal Appeals held that: [1] authority for determining whether the noncriminal implied consent law was violated was with the trial court, not the jury; [2] jury's unauthorized determination that defendant violated the noncriminal implied consent law was not rendered harmless by the trial court's approving the jury's finding; and [3] defendant waived issue of whether exclusionary rule applied in noncriminal implied consent proceedings. Vacated and remanded.
• State v. Snyder, 835 S.W.2d 30 (1992)
  Driver was convicted in the Circuit Court, Carter County, Lynn W. Brown, J., of operating commercial vehicle under influence of intoxicant and possessing alcohol while operating commercial vehicle. Driver appealed. The Court of Criminal Appeals held that impairment of ability to drive is not element of operating commercial vehicle with blood alcohol concentration of .04 or more. Affirmed.

Adoption of Federal Regulations

• Tenn. Code Ann. § 55-50-203
  • 49 CFR § 384 - Federal standards for state compliance with CDL mandate

What Constitutes a CMV

• Tenn. Code Ann. § 55-50-102
  • 49 CFR § 383.5 - Definitions

Major Disqualifying Offenses

• Tenn. Code Ann. § 55-50-405
  • 49 CFR § 383.51 - Disqualification of Drivers

Major Disqualifying Offenses (Alcohol)

• Tenn. Code Ann. § 55-50-408
  • 49 CFR § 383.51 - Disqualification of Drivers
  • 49 CFR § 383.72 - Implied consent to alcohol testing
• Tenn. Code Ann. § 55-50-405
  • 49 CFR § 392.5 - Alcohol prohibition
  • 49 CFR § 392.5 (c) - Alcohol prohibition: "Out-of-Service"

Serious Traffic Offenses

• Tenn. Code Ann. § 55-50-203
  • 49 CFR § 383.51 - Disqualification of Drivers
• Tenn. Code Ann. § 55-50-405
  • 49 CFR § 383.51 (c) - Disqualification for serious traffic violations

Identification of Conviction

• Tenn. Code Ann. § 55-50-102
  • 49 CFR § 383.5 - Definitions
• Tenn. Code Ann. § 55-50-405
  • 49 CFR § 383.5 - Definitions

Masking Convictions

• Metro. Gov't of Nashville & Davidson Cnty. v. Stark, No. M200700635COAR3CV, 2008 WL 276005 (Tenn. Ct. App. Jan. 31, 2008)
  • 49 CFR § 384.226 - Prohibition on masking convictions

10-Day Posting Requirement

• Tenn. Code Ann. § 55-50-204
  • 49 CFR § 384.225 - CDLIS driver recordkeeping
• Tenn. Code Ann. § 55-50-409
  • 49 CFR § 384.209 - Notification of traffic violations
  • 49 CFR § 383.51 - Disqualification of Drivers

Other CDL Provisions

• Tenn. Code Ann. § 39-17-406 to 416
  • 21 CFR § 1308 (Schedules I-V) - Schedule of Controlled Substances
• Tenn. Code Ann. § 55-50-102
  • 49 CFR Part 172 Subpart F
  • 49 CFR § 382.107 - Definitions
  • 49 CFR § 383.3 - Applicability
• Tenn. Code Ann. § 55-50-102(12)(B)
  • 49 CFR § 383.3 (c) - Exception for certain military drivers
  • 49 CFR § 383.3 (d) (1) - Exception for operators of a farm vehicle
  • 49 CFR § 383.3 (d) (2) - Exception for firefighters and emergency response vehicle drivers
  • 49 CFR § 383.3 (f) - Restricted CDL for certain drivers in farm-related service industries
• Tenn. Code Ann. § 55-50-412
  • 49 CFR § 383.51 (d) - Railroad-highway grade crossing violations
  • 49 CFR § 383.53 (c) - Special penalties pertaining to railroad-highway grade crossing violations
• Tenn. Code Ann. § 55-50-405
  • 49 CFR § 383.51 (e) - Disqualification for violating "out-of-service" orders
• Tenn. Code Ann. § 55-50-401
  • 49 CFR § 384.210 - Limitation on licensing