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Rules of Tennessee. Department of Safety Driver Control Division Chapter

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Rules of Tennessee. Department of Safety Driver Control Division Chapter RULES OF TENNESSEE. DEPARTMENT OF SAFETY DRIVER CONTROL DIVISION CHAPTER 1340-01-04 TENNESSEE DRIVER IMPROVEMENT PROGRAM TABLE OF CONTENTS 1340-01-04-.01 Purpose 1340-01-04-.05 Defensive Driving/Accident Prevention Courses 1340-01-04-.02 Assignment of Point System Numerical 1340-01-04-.06 Suspension of Driver License Value for Physical or Mental Disabilities 1340-01-04-.03 Schedule of Points 1340-01-04-.07 Suspension of Driver License for Failing 1340-01-04-.04 Revocation or Suspension of Driver License to Pass or Submit to Re-Examination or Temporary Driver License for Moving Violation Convictions or Contributing to the Occurrence of a Traffic Crash 1340-01-04-.01 PURPOSE. (1) To establish a uniform system for conducting a Driver Improvement Program whereby the Department is authorized to evaluate driver records based on accidents and/or convictions for moving traffic violations and to establish and assign point values according to the seriousness of the accidents or convictions for moving traffic violations, and whereby a driver may, after notice and the opportunity for a hearing to contest the records of the Department of Safety, be required to enter into a rehabilitation procedure and/or have the driver’s driving privileges suspended when the records of the Department indicate that the driver has contributed to the occurrence of accidents and/or has been convicted of moving traffic violations and has accumulated sufficient points, or when the Department has reason to believe that the driver is unable to safely operate a motor vehicle due to physical or mental disability. Authority: T.C.A. §§ 4-5-202 and 55-50-505. Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Repeal and new rule filed April 18, 2005; effective August 26, 2005. Repeal and new rule filed March 11, 2008; effective July 29, 2008. 1340-01-04-.02 ASSIGNMENT OF POINT SYSTEM NUMERICAL VALUE. (1) The Department of Safety’s driver point system is designed to identify those drivers whose records reflect a continuous disrespect for traffic laws, and a disregard for the safety of other persons on the highways. (2) To administer this program, a point value will be assessed for each accident and moving violation conviction. (3) Upon receipt of a moving traffic conviction notice from any court or the receipt by the Department of a traffic crash report indicating a driver contributed to the occurrence of the crash, the Department shall charge points to the driver’s record as set out herein. Convictions of moving traffic violations which occurred more than two (2) years prior to the Department’s receipt of such report or notice shall not be used within the Driver Improvement Program. Authority: T.C.A. § 55-50-505. Administrative History: Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendment filed April 18, 2005; effective August 26, 2005. August, 2014 (Revised) 1 TENNESSEE DRIVER IMPROVEMENT PROGRAM CHAPTER 1340-01-04 1340-01-04-.03 SCHEDULE OF POINTS. (1) Definitions. As used in this Chapter 1340-01-04, unless the context otherwise requires: (a) "Commercial Motor Vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 1. Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds; 2. Is designed to transport more than fifteen (15) passengers, including the driver; or 3. Is of any size and is used in the transportation of hazardous materials, as defined in this section. 4. The following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this Chapter: (i) Vehicles that are controlled and operated by a farmer or nursery worker that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier and are used within one hundred fifty (150) miles of the person's farm or nursery; (ii) Vehicles designed and used solely as emergency vehicles that are necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation. This exemption shall apply to vehicles operated by paid or non-paid personnel; (iii) Vehicles operated for military purposes by active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians; (iv) Vehicles designed and used primarily as recreational vehicles (i.e., vehicles primarily designed as temporary living quarters for recreational camping or travel); (v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes. (b) "Commercial Motor Vehicle Hauling Hazardous Materials" means a Commercial Motor vehicle carrying any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R. § 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. § 73. (c) “Non-Commercial Motor 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 that is not considered a Commercial Motor Vehicle. August, 2014 (Revised) 2 TENNESSEE DRIVER IMPROVEMENT PROGRAM CHAPTER 1340-01-04 (Rule 1340-01-04-.03, continued) (2) Moving Traffic Violations - Points for Non-Commercial Motor Vehicles (a) Speeding – non-commercial motor vehicle T.C.A. § 55-8-152 1. Tickets and court abstracts where speed not indicated 3 2. Speeding 1 through 5 m.p.h. in excess of speed zone 1 3. Speeding 6 through 15 m.p.h. in excess of speed zone 3 4. Speeding 16 through 25 m.p.h. in excess of speed zone 4 5. Speeding 26 through 35 m.p.h. in excess of speed zone 5 6. Speeding 36 through 45 m.p.h. in excess of speed zone 6 7. Speeding 46 and above in excess of speed zone 8 8. Speed less than posted minimum 3 T.C.A. § 55-8-154 (b) Speeding in construction zone – non-commercial motor vehicle T.C.A. § 55-8-153 1. Tickets and court abstracts where speed not indicated 4 2. Speeding 1 through 5 m.p.h. in excess of posted speed 2 3. Speeding 6 through 15 m.p.h. in excess of posted speed 4 4. Speeding 16 through 25 m.p.h. in excess of posted speed 5 5. Speeding 26 through 35 m.p.h. in excess of posted speed 6 6. Speeding 36 m.p.h. and above in excess of posted speed 8 (c) Driving too fast for conditions, failure to reduce speed to avoid an accident 3 T.C.A. § 55-8-152 (d) Operating at erratic or suddenly changing speeds 3 T.C.A. § 55-8-152 (e) Reckless endangerment by vehicle – misdemeanor 8 T.C.A. § 39-13-103 (f) Reckless driving 6 T.C.A. § 55-10-205 (g) Careless or negligent driving 4 T.C.A. § 55-8-136 (h) Failure to obey traffic instructions 4 T.C.A. § 55-8-109 August, 2014 (Revised) 3 TENNESSEE DRIVER IMPROVEMENT PROGRAM CHAPTER 1340-01-04 (Rule 1340-01-04-.03, continued) (i) Improper passing 4 T.C.A. §§ 55-8-116, 55-8-117, 55-8-118, 55-8-119, 55-8-120 & 55-8-121 (j) Wrong way, side or direction 4 T.C.A. § 55-8-120 (k) Following improperly 3 T.C.A. § 55-8-124 (l) Following emergency vehicles unlawfully 3 T.C.A. § 55-8-132 (m) Failure to yield the right-of-way 4 T.C.A. §§ 55-8-128 & 55-8-197 (n) Failure to yield right of way to emergency vehicles; Failure to change lane/slow 6 down for authorized vehicles on roadside T.C.A. § 55-8-132 (o) Making improper turn 3 T.C.A. §§ 55-8-140, 55-8-141 & 55-8-142 (p) Failure to signal direction or to reduce speed suddenly 3 T.C.A. § 55-8-142 (q) Stopping, standing, obstructing, or blocking traffic 3 T.C.A. §§ 55-8-158, 55-8-159, 55-8-159 & 55-8-160 (r) Coasting; operating gears disengaged 3 T.C.A. § 55-8-167 (s) Improper backing 3 T.C.A. § 55-8-163 (t) Improper starting, burning rubber, spinning tires, peeling out 3 T.C.A. § 55-8-136(b) (u) Driver view or mechanism obstructed 3 T.C.A. § 55-8-165 (v) Driving mountain highway – control/audible warning 3 T.C.A. § 55-8-166 (w) Inability to maintain control of vehicle 3 T.C.A. § 55-8-136(b) (x) Improper operation of or riding on a motorcycle 3 T.C.A. § 55-8-164 (y) Improper lane or location, driving on roadways laned for traffic 3 T.C.A. § 55-8-123 (z) Use of controlled access roadway 4 T.C.A.
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