Section 1340-01-04-.04 - REVOCATION OR SUSPENSION OF DRIVER LICENSE OR TEMPORARY DRIVER LICENSE FOR MOVING VIOLATION CONVICTIONS OR CONTRIBUTING TO THE OCCURRENCE OF A TRAFFIC CRASH(1) (Paragraphs 1-8 of this Rule shall apply only to drivers who are eighteen (18) years of age or older on the event date of the crash or violation.) An advisory letter shall be mailed to each driver who accumulates six (6) or more, but fewer than twelve (12) points within a one (1) year period. The letter shall inform the driver of the point system and advise the driver of the points that the driver has accumulated and the consequences of accumulating more points. A driver shall receive only one (1) advisory letter of caution within a five (5) year period.(2) When a driver has accumulated twelve (12) or more points within a one (1) year period, the Department shall issue a notice of proposed suspension stating the grounds for such suspension and that the driver shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice.(3) Proposed suspension action may also be initiated toward those drivers who are deemed to be accident prone. A driver is deemed to be accident prone when a periodic review of his or her driving record reveals three (3) or more avoidable accidents within a one (1) year period. The determination of whether an accident is avoidable or unavoidable rests with the Department.(4) Failure to attend a hearing pursuant to this chapter shall result in a six (6) month suspension unless the driver is currently undergoing, or has previously undergone within a five (5) year period, Driver Improvement Program suspension action, in which case the suspension period shall be for twelve (12) months.(5) When a driver offers valid proof that an error in record keeping has occurred, and when the correction of this error would lower his or her point accumulation to less than twelve (12), then the suspension action shall be withdrawn. When a driver requesting a hearing fails to establish proof that an error in the record keeping has occurred, then the suspension action shall stand.(6) Calculation of points - Each time a crash or violation is posted to the driver's record, the computer shall scan back for a period of twenty-four (24) months from the posted date to determine whether the driver has accumulated twelve (12) or more points within a twelve (12) month period to warrant a proposed suspension notice.(a) Any crash or violation with an event date prior to the date of the completion of the defensive driving course shall be posted as points toward the twelve (12) points calculated as set forth in paragraph (6).(b) Any crash or violation with an event date subsequent to the date of completion of the defensive driving course shall be calculated as a violation of probation and may be grounds for revocation of probation.(7) First Offenders(a) Any driver not suspended entering the Driver Improvement Program who has not been involved in the program within a five (5) year period shall be treated as a first offender.(b) A notice of proposed suspension shall be issued to first offender drivers who accumulate between twelve (12) and twenty (20) points within a twelve (12) month period as calculated pursuant to Paragraph (6). The twelve (12) month period shall be calculated retroactively from the date each crash or violation is posted in accordance with Paragraph (6). The notice shall advise the driver that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program; that the driver shall be required to appear at an administrative hearing to contest the proposed suspension of six (6) months; and that the driver is eligible as a first offender to elect to waive the right to a hearing and may be assigned directly into a defensive driving course in lieu of suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice.(c) Drivers entering the Driver Improvement Program for the first time with more than twelve (12) accumulated points, but fewer than twenty-one (21) points, who choose to be assigned directly into a defensive driving course in lieu of a six (6) month suspension will expressly waive their right to an administrative hearing by making this selection. They shall be notified in writing of their options and the consequences of choosing to be assigned directly into a defensive driving course. They shall also be notified in writing of the location, address and telephone number of approved defensive driving courses, and instructions for compliance.(d) First offender drivers who accumulate more than twenty (20) points within a twelve (12) month period shall not be offered the option to waive their right to an administrative hearing and to be assigned directly into a defensive driving course. The notice shall advise the driver that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver may be suspended for a period of either six (6) or twelve (12) months, depending on the driver's driving record. The notice shall also provide the driver with written notice of the right to request an administrative hearing. The driver's written request for a hearing must be received within thirty (30) days from the date of the notice. Upon receipt of a timely request for a hearing, the Department shall provide the driver a hearing before a hearing officer.(e) Following completion of the defensive driving course and notification to the Department of such completion, the driver shall be placed on probation for a period of twelve (12) months.(f) A driver has ninety (90) days from the date of the letter assigning the driver to attend a defensive driving course or ninety (90) days from the date of the driver's hearing to attend a defensive driving course. Failure to complete an assigned defensive driving course shall result in the suspension of the driver license or temporary driver license for six (6) months. A driver may request an extension of time to attend the defensive driving course, provided that the request shall be made in writing at least ten (10) days before the expiration of the ninety (90) day period to attend a defensive driving course. The Department may grant an extension of time to attend the defensive driving course if the driver shows good cause. Good cause for and the length of such extension shall be determined by the Department. The Department shall notify the driver in writing of its decision.(g) If no certificate of completion has been received by the Department within seventy-five (75) days from the date of being assigned to attend a defensive driving course, a warning letter shall be issued to the driver advising that the driver was assigned to complete the defensive driving course to avoid suspension of driving privileges, that no proof of completion has been received, and that failure to comply immediately shall result in the suspension of driving privileges for six (6) months.(h) Violation of Probation-The first crash or violation with an event date as determined in paragraph (6) posted to the record of a driver on probation may not trigger any departmental action for violation of probation and a warning letter may be sent to the driver that advises the driver that a crash or violation has been posted to the record of the driver during the probationary period and any further crash or violation within the probationary period shall be a violation of probation. If a second crash or violation with an event date as determined in paragraph (6) is posted to the record of a driver on probation, the notice shall advise the driver that a crash or violation has been posted to the driver's record and the driver may be suspended for a period of either six (6) or twelve (12) months, depending on the driver's driving record. The notice shall also provide the driver with written notice of the right to request an administrative hearing. The driver's written request for a hearing must be received within thirty (30) days from the date of the notice and state why the proposed action should not occur. Upon receipt of a timely request for a hearing, the Department shall provide the driver a hearing before a hearing officer.(i) At the discretion of the Department, a driver under Driver Improvement Program suspension may be issued a restricted driver license or temporary driver license. The Department may place conditions on the driver license or temporary driver license as the Department may determine to be appropriate to ensure the safe operation of a motor vehicle by the driver. To obtain a restricted driver license or temporary driver license, the driver must complete an application, furnish proof of SR22, pay the restricted driver license or temporary driver license fee and pass the driver examination. A driver may be issued only one (1) restricted driver license or temporary driver license in a five (5) year period.(j) Administrative Probation - For good cause or in extreme circumstances (to be determined by the Department), the Department may place a first offender driver on administrative probation in lieu of suspension. In this event, no suspension of the driver license or temporary driver license shall occur, the probationary period shall be for twelve (12) months, and the driver shall carry all posted points during this time. Good cause or extreme circumstances may include, but not be limited to, drivers temporarily out of the state or country due to the military, employment or education or serious illness.(k) Violation of administrative probation shall follow the same procedure as violation of probation subsequent to the completion of a defensive driving school. Placement on administrative probation is a substitute for completion of a defensive driving course and a driver who violates administrative probation shall not be eligible to attend a defensive driving course.(8) Second or Subsequent Offenders(a) A notice of proposed suspension shall be sent to second or subsequent offender drivers who accumulate twelve (12) or more points within a twelve (12) month period as calculated pursuant to Paragraph (6). The notice shall advise the driver that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver may be suspended for a period of either six (6) or twelve (12) months, depending on the driver's driving record. The notice shall also provide the driver with written notice of the right to request an administrative hearing. The driver's written request for a hearing must be received within thirty (30) days from the date of the notice and state why the proposed action should not occur. Upon receipt of a timely request for a hearing, the Department shall provide the driver a hearing before a hearing officer.(b) Drivers who accumulate twelve (12) or more points within a twelve (12) month period and who have attended a defensive driving course in lieu of suspension within the previous five (5) year period shall have their driver license or certificate for driving suspended for a period of six (6) months.(c) A driver entering the Driver Improvement Program for a second or subsequent time who has previously attended a defensive driving course in lieu of suspension within the previous five (5) year period, and who is currently undergoing, or has previously undergone within the five (5) year period, Driver Improvement Program suspension of a driver license or temporary driver license, shall have driving privileges suspended for twelve (12) months.(d) A driver entering the Driver Improvement Program for a second or subsequent time, but who has not attended a defensive driving course previously within the five (5) year period may be offered the option to attend a defensive driving course in lieu of suspension of driving privileges.(e) An eligible driver who elects to attend a defensive driving course in lieu of suspension shall be given ninety (90) days from the date of the letter assigning them to attend a course, or ninety (90) days from the date of their hearing to complete a defensive driving course.(f) Failure to complete an assigned defensive driving course shall result in the suspension of the driver license or temporary driver license for six (6) or twelve (12) months, depending on whether the driver has previously attended a defensive driving course. A driver may request an extension of time to attend the defensive driving course, provided that the request shall be made in writing at least ten (10) days before the expiration of the ninety (90) day period to attend a defensive driving course. The Department may grant an extension of time to attend the defensive driving course if the driver shows good cause. Good cause for and the length of such extension shall be determined by the Department. The Department shall notify the driver in writing of its decision.(g) If no certificate of completion has been received by the Department within seventy-five (75) days from the date of being assigned to attend a defensive driving course, a warning letter shall be issued to the driver advising that the driver was assigned to complete the defensive driving course to avoid suspension of driving privileges, that no proof of completion has been received, and that failure to comply immediately shall result in the suspension of driving privileges for six (6) or twelve (12) months, depending on whether the driver has previously attended a defensive driving course.(9) A hearing officer shall hold the administrative hearing. The hearing officer will explain the Driver Improvement Program, review the driver's driving record, and advise the driver of the options, e.g., whether the driver is eligible to attend a defensive driving course in lieu of suspension of driving privileges.(10) In any administrative hearing pursuant to T.C.A. §§ 55-12-105, 55-12-129, 55-50-502 or 55-50-505, when any driver who fails to appear at the hearing after receiving proper notice, such driver shall be defaulted. Upon default by a party, the hearing officer may enter either an initial default order or an order for an uncontested proceeding. The driver's case shall be dismissed and the driver's driver license or temporary driver license shall be revoked or suspended pursuant to the applicable statute. A default order must be in writing, with reasons given and appeal rights stated.(11) Any driver whose driver license or temporary driver license is suspended under the Driver Improvement Program by the hearing officer is eligible to appeal the suspension through the appeals process contained in the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 et seq.).(12) Reinstatement (a) Provided there is no other revocation, suspension, or cancellation action in effect, a driver will be eligible to regain driving privileges once the driver has served the period of suspension, paid a restoration fee, and filed the required proof of financial responsibility.(b) A suspended driver who fails to attend the assigned defensive driving course may be permitted to reinstate driving privileges prior to the eligibility date upon furnishing proof to the Department of attendance and completion of a Department approved defensive driving course. A list of all Department approved defensive driving courses shall be provided to the driver. The driver shall be required to comply with all reinstatement requirements provided for in these rules. Upon furnishing documentation of completion of the defensive driving course, the driver shall be placed on probation for twelve (12) months and all conditions of probation shall apply.(13) Drivers less than eighteen (18) years of age on the event date of any crash or violation: (a) Each time a crash or violation is posted to the driver's record, the computer shall scan back for a period of twenty-four (24) months from the posted date to determine whether the driver has accumulated sufficient points within a twelve (12) month period to warrant a warning letter or a proposed suspension notice. 1. Any crash or violation with an event date prior to the date of the completion of the defensive driving course shall be posted as points calculated as set forth in subparagraph (a).(b) Any driver who has accumulated fewer than six (6) points for any crash or violation shall receive a warning letter from the Department, with a copy sent to the driver's parent/guardian. The letter shall inform the driver of the point system and advise the driver of the points that the driver has accumulated and the consequences of accumulating more points.(c) A notice of proposed suspension shall be sent to any first offender driver who has accumulated from six (6) to nine (9) points within a twelve (12) month period as calculated pursuant to subparagraph (a). The notice shall advise the driver and the driver's parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver's parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the hearing officer may suspend the driver license or temporary driver license for a period of three (3) to six (6) months and/or require the driver to attend a defensive driving course before such driver shall be eligible to reinstate such driver license or temporary driver license. However, if a driver fails to appear for a hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of six (6) months and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license.(d) A notice of proposed suspension shall be sent to first offender drivers who accumulate ten (10) or more points within a twelve (12) month period as calculated pursuant to subparagraph (a). The twelve (12) month period shall be calculated retroactively from the date each crash or violation posted in accordance with subparagraph (a). The notice shall advise the driver and the driver's parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver's parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the driver license or temporary driver license shall be suspended for a period of either three (3) or six (6) months, depending on the driver's driving record, and such driver shall be required to attend a defensive driving course before such driver shall be eligible to reinstate such driver license or temporary driver license. However, if a driver fails to appear for the scheduled hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of six (6) months and the driver shall be required to attend a defensive driving course before such driver shall be eligible to reinstate the driver license or temporary driver license.(e) A notice of proposed suspension shall be sent to second or subsequent offender drivers who accumulate six (6) or more points within a twelve (12) month period as calculated pursuant to subparagraph (a), with a copy of the notice sent to the driver's parent/guardian. The notice shall advise the driver and the driver's parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver's parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the driver license or temporary driver license shall be suspended for a period of either six (6) or twelve (12) months, depending on the driver's driving record, and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license. However, if the driver fails to appear for a hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of twelve (12) months and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license.(f) A driver has ninety (90) days from the date of the letter/order assigning the driver to attend a defensive driving course or ninety (90) days from the date of the driver's hearing to attend a defensive driving course. Failure to complete an assigned defensive driving course shall result in the suspension of the driver license or temporary driver license for six (6) or twelve (12) months, depending on whether the driver has previously attended a defensive driving course. A driver may request an extension of time to attend the defensive driving course, provided that the request shall be made in writing at least ten (10) days before the expiration of the ninety (90) day period to attend a defensive driving course. The Department may grant an extension of time to attend the defensive driving course if the driver shows good cause. Good cause for and the length of such extension shall be determined by the Department. The Department shall notify the driver in writing of its decision.(g) If no certificate of completion has been received by the Department within seventy-five (75) days from the date of being assigned to attend a defensive driving course, a warning letter shall be issued to the driver advising that the driver was assigned to complete the defensive driving course to avoid suspension of driving privileges, that no proof of completion has been received, and that failure to comply immediately shall result in the suspension of driving privileges for six (6) months.(h) At the discretion of the Department, a driver under Driver Improvement Program suspension pursuant to paragraph (13) of this Rule may be issued a restricted driver license or temporary driver license upon attaining the age of eighteen (18). The Department may place conditions on the driver license or temporary driver license as the Department may determine to be appropriate to ensure the safe operation of a motor vehicle by the driver. To obtain a restricted driver license or temporary driver license, the driver must complete an application, furnish proof of financial responsibility, and pay the restricted driver license or temporary driver license fee.(i) There shall be no limit to the number of times that the Department may require a driver to attend a defensive driving course.(j) Administrative Probation - For good cause or in extreme circumstances (to be determined by the Department), the Department may place a first offender juvenile driver on administrative probation in lieu of suspension. In this event, no suspension of the driver license or temporary driver license shall occur, the probationary period shall be for twelve (12) months or until the driver attains the age of eighteen (18), and the driver shall carry all posted points during this time. Good cause or extreme circumstances may include, but not be limited to, drivers temporarily out of the state or country due to the military, employment or education or serious illness.Tenn. Comp. R. & Regs. 1340-01-04-.04
Repeal and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Amendments filed March 11, 2008; effective July 29, 2008.Authority: T.C.A. §§ 4-5-202, 55-50-505, 55-50-331 and Public Chapter No. 194 (2007).