Amends TCA Section 12-2-403; Title 41; Section 49-6-2107 and Title 55.

This bill makes various changes and additions to present law concerning driver licenses. Third Party Skill Testing Program This bill establishes a third-party skills testing program, to be administered by the department of safety, for the purpose of facilitating the testing and licensure of commercial drivers. This bill authorizes the department to: (1) Contract with one or more third-party skills test companies; and (2) Charge a third-party skills test company an annual fee, up to $500, to cover the costs of administering the program. The department may waive the fee for a public entity that becomes a third-party skills test company. This bill defines "third-party skills test" to mean the skills test required to obtain a commercial driver license that is administered by a third-party skills test examiner and that includes, but is not limited to, the pre-trip inspection, basic skills, and road skills. This bill requires that an entity applying to be a third-party skills test company: (1) Have access to an appropriate testing area within this state that the department approves for conducting third-party skills tests; (2) Agree to charge a test taker no more than $250 per third-party skills test; (3) Agree to issue to a successful test taker a certificate of passage on a form developed by the department; and (4) Satisfy other eligibility criteria as the department may establish by rule. Only individuals authorized by the department as a third-party skills test examiner may perform third-party skills tests. In order to obtain such authorization, an individual: (1) Must be at least 21 years of age; (2) Must possess a valid CDL with the classification and endorsement commensurate with the third-party skills test that the individual is applying to administer; (3) Must possess a valid medical card or certificate; (4) Must provide the shorter of the individual's 10-year driving history or entire driving history; (5) Must not have been convicted of a misdemeanor within the past 10 years resulting from a DUI, a felony within the past 10 years, or a crime involving fraudulent activities; and (6) Must complete the department's initial training program. This bill requires that a CDL applicant remit payment for the administration of a third-party skills test to the third-party skills test company. The full text of this bill specifies continuing experience and education requirements for third-party skills test examiners. This bill also specifies inspection requirements for third-party skills test companies, and recordkeeping requirements for both the companies and examiners. This bill authorizes third-party skills test examiners to apply to the department to be authorized to perform school bus (S) endorsement skills testing pursuant to rules promulgated by the department. This bill specifies that a third-party skills test company is not an agent of the department. This bill further requires that a third-party skills test examiner must be an employee or a contractor of a third-party testing company, and specifies that a third-party skills test examiner is not an agent or employee of the department for any purpose. Entry-Level Driver Training For purposes of this bill, "entry-level driver training" means training that a driver receives from an entity listed on the FMCSA training provider registry prior to the driver: (1) Taking a skills test required to receive a Class A or Class B driver license for the first time; (2) Taking a skills test required to upgrade to a Class A or Class B driver license; (3) Taking a skills test required to obtain a passenger (P) endorsement for the first time; (4) Taking a skills test required to obtain a school bus (S) endorsement for the first time; or (5) Taking a test required to obtain a hazardous materials (H) endorsement for the first time. Before October 1, 2022, this bill requires the department to establish by rule the minimum standards for entry-level driver training. The full text of this bill specifies types of training that an applicant must complete prior to initial issuance of a Class A or Class B driver license, or a passenger (P), school bus (S), or hazardous materials (H) endorsement. The full text of this bill also identifies certain classes of persons who are exempt from the training requirement due to the applicant being exempt under other law or trying to remove a restriction. Federal Clearinghouse Beginning November 1, 2024, and prior to the issuance of a new commercial learner's permit (CLP) or CDL, a renewal of a CLP or CDL, a transfer of a CLP or CDL to another state, or an upgrade to a different class of CDL, this bill requires the department to request the driver's record from the drug and alcohol clearinghouse maintained by the FMCS. If the department receives notification from the clearinghouse that the driver is prohibited from operating a commercial motor vehicle, then this bill prohibits the department from not issuing, renewing, transferring, or upgrading the driver's CLP or CDL. The department will also be required to downgrade a driver's CLP or CDL within 60 days of the department's receipt of the notification. The full text of this bill specifies what constitutes a downgrade for different classes of license and types of endorsement. In cases where the department receives notification that a prohibition is no longer in place or that an initial notice was erroneous, the department must case the downgrade, make the driver eligible for reinstatement, or reinstate the license or endorsement and expunge the erroneous prohibition, as applicable. Audits; Research Partnership This bill requires the department to periodically audit CDL skills tests conducted by department employees. By January 1, 2023, the department must prepare educational materials for individuals preparing to take the CDL skills tests. This bill authorizes the department to partner with institutions of higher education to conduct research related to commercial drivers and CDLs, strategies to promote driving careers in the commercial trucking industry, and strategies to better enable drivers to obtain and retain CDLs. Age of Eligibility for Licensure Under present law, an applicant must be 21 years of age or older in order to be issued a Class A, B, or C license, or an endorsement for multiple trailer, passenger endorsement, cargo tank, or hazardous material. This bill authorizes issuance of a Class A or B license to a person who is 18 years of age or older, if: (1) The applicant does not require a special endorsement; (2) A commercial vehicle operated by the applicant will be operated solely within this state; (3) The applicant has met all other state law requirements for a CDL; and (4) Issuing a Class A or B license to the applicant is not prohibited by federal regulations. Commercial Driver License Training This bill authorizes the department of correction, in consultation with the department of safety, to create a CDL training program for offenders who, upon release from incarceration, may be suitable for careers in the transportation industry. Annual training for school bus endorsement holders This bill requires individuals who hold a school bus (S) endorsement to attend annual training as required by the department of safety in order to maintain the endorsement. Disposition of Surplus Vehicles Present law generally provides for sale of surplus state vehicles by competitive bid, negotiated contract for sale, or trade-in. This bill authorizes the transfer of a surplus commercial motor vehicle in possession of a state agency, with payment of reasonable financial consideration and following notice to the commissioner of general services, to the department of safety for use in the department's commercial driver license testing program. A surplus vehicle transferred under this bill must be sold as provided by present law when the vehicle is no longer in use by the department of safety. School Bus Endorsements Present law prohibits the authorization of a person to drive a school bus in this state unless the person possesses a certificate issued by the county board of education. This bill specifies that an individual authorized as a third-party skills test examiner for school bus (S) endorsement skills testing pursuant to this bill is not required to submit a certificate from the county board of education. Present law generally prohibits any person who has been convicted of DUI, a drug offense, vehicular assault, or vehicular homicide within the preceding five years from being issued a certificate to operate a school bus. This bill adds that those disqualifying offenses also disqualify a person from issuance of a third-party skills test examiner for a school bus (S) endorsement. Expired CDLs This bill specifies that an applicant for renewal of a CDL whose license has been expired for more than one renewal cycle must successfully complete all appropriate examinations for the issuance of a new CDL. ON APRIL 7, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2146, AS AMENDED. AMENDMENT #1 makes various revisions and additions to this bill, as follows: (1) Requires an entity applying to be a third-party skills test company to initiate and maintain a bond in an amount determined by the department to be sufficient to pay for re-testing drivers in the event that the third-party skills test company or one or more of its examiners is involved in fraudulent activities related to testing applicants for a CDL. This requirement will not apply if the third-party skills test company is a government entity; (2) Requires an individual seeking to be authorized by the department as a third-party skills test examiner to satisfy other eligibility criteria as the department may establish by rule; (3) Changes the minimum number of tests a third-party skills test examiner must perform per year from 50 to 30 and specifies that a third-party skills test counts toward this requirement whether or not the test was administered to a person employed by or attending a training program sponsored by the third-party skills test company with which the examiner is associated; (4) Adds that a third-party skills test examiner who is unable to perform the required 30 tests per year may apply to the department for a waiver and the commissioner may grant the waiver upon good cause shown; (5) Specifies that records of administered skills tests must include whether an applicant passed or failed each portion of the skills test; (6) Removes the requirement that before October 1, 2022, the department establish by rule the minimum standards for entry-level driver training; and (7) Revises the provisions whereby an individual authorized as a third-party skills test examiner for school bus (S) endorsement skills testing pursuant to this bill is not required to submit a certificate from the county board of education to exclude from that exemption individuals who are also providing transportation services for a school. ON APRIL 13, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2146 FOR SENATE BILL 2399, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2146, AS AMENDED. AMENDMENT #1 adds that a person who has been convicted of any of the following offenses is ineligible to participate in the training program created pursuant to this bill as amended: a human trafficking offense, or an equivalent offense in another jurisdiction; a sexual offense, a violent sexual offense, or a violent juvenile sexual offense, or equivalent offenses in another jurisdiction; two or more offenses of driving under the influence of an intoxicant, or equivalent offenses in another jurisdiction; or vehicular assault, aggravated vehicular assault, vehicular homicide resulting from the person's intoxication, or aggravated vehicular homicide, or equivalent offenses in another jurisdiction.