Section 1340-01-05-.03 - SKILLS PERFORMANCE EVALUATION(1) A Commercial Driver License applicant seeking an initial Skill Performance Evaluation Intrastate Certificate (SPEI Certificate), or a renewal of an SPEI Certificate, may apply to the Department by submitting the following documents: (a) A copy of a current FMCSA Medical Examination Report Form for Commercial Driver Certification (FMCSA Physical; Form MCSA-5875),(b) A completed FMCSA Vehicle Driving Condition Report,(c) A completed Department of Safety CDL Waiver cover sheet; and(d) A completed Department of Safety Limb Waiver Form.(2) The Director or designee may request any further documentation needed to make a determination from the applicant.(3) The Department must receive such additional documentation within forty-five (45) days from the date of the letter requesting such documentation.(4) If no additional documentation has been requested under 1340-01-05-.03(2), the Director or designee shall have ninety (90) days from the date of receipt of the documents to review and make a determination to either grant or deny, in whole or in part, the application for the SPEI Certificate based on the documentation submitted. The denial will be sent in writing and must include a form for filing an appeal.(5) If additional documentation has been requested under 1340-01-05-.03(2), the Director or designee shall have forty-five (45) days from the date of receipt of the additional documents to review and make a determination to either grant or deny, in whole or in part, the application for the SPEI Certificate, based on all the documentation submitted.(6) If the application for an SPEI Certificate is approved, the applicant shall be notified in writing by the Department.(a) The SPEI Certificate shall contain any terms, conditions, and limitations as deemed necessary and consistent with the materials provided in the application, or information which was later provided to the Department.(b) The SPEI Certificate shall also indicate the specific power units, such as a bus, truck, or truck tractor, for which the SPEI Certificate has been granted.(7) An SPEI Certificate shall be valid for a period not to exceed two (2) years from the date of issuance. The expiration date shall be on the SPEI Certificate.(8) The commercial driver's license shall display a restriction to signify it is only valid for intrastate operation.(9) The driver must have the SPEI Certificate in the driver's possession at all times when operating a commercial motor vehicle.(10) Falsifying information in the initial application, renewal application, or falsifying any information required by this section by either the applicant or motor carrier is prohibited and must result in the denial of an SPEI Certificate or the downgrade of a CDL.(11) The license holder must submit to medical recertification as required by the Medical Examiner who performed the FMCSA Physical and must provide a copy of the documentation to the Department to maintain the SPEI Certificate.(12) The license holder must submit all documentation required by the Department to be considered for SPE Evaluation and SPEI Certificate issuance.(13) The SPEI Evaluation skills test must be conducted by an FMCSA certified examiner employed by the Department.(14) An SPEI Certificate holder may apply for renewal of the certificate no sooner than ninety (90) days from the expiration date of the SPEI Certificate. Failure to provide all renewal documentation within thirty (30) days of the expiration date of the current SPEI Certificate must result in an automatic downgrade of the applicant's commercial driver's license to a Class D regular driver's license.(15) The Department will develop the forms required in 1340-01-05-.03(1)(c), (1)(d), and (3)(a) and make them available to applicants on the Department's website.Tenn. Comp. R. & Regs. 1340-01-05-.03
New rules filed October 24, 2022; effective 1/22/2023.Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.