Driver Improvement Program — Points — Suspension — Restrictions — Incompetent or Unqualified Drivers — Reexamination
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The department shall conduct a driver improvement program whereby it is authorized to evaluate driver records based on accidents and/or convictions for traffic violations of the drivers, and may assign a point value according to the seriousness of the accident or moving traffic violation conviction.
When the records of the department indicate that a person has been convicted of moving traffic violations or involved in accidents and has accumulated sufficient points, the department may notify the person in writing that the person's driving privilege is being placed under suspension. Notice is to be sent by United States mail to the last known address and will notify the person that the person may request a hearing to determine whether or not the suspension action is proper.
The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver.
The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a “vehicle special use (09) police,” “(10) ambulance,” or “(11) fire apparatus” and on which the report indicates the driver presence as “driver operated government vehicle”; provided, that the driver is not charged with vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, aggravated vehicular homicide under § 39-13-218, reckless driving under § 55-10-205, or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401.
Prior to reinstatement of the license, the person shall file and maintain proof of financial responsibility as required under § 55-12-114 and pay the restoration fee as required under § 55-12-126.
Drivers subject to subdivision (a)(1) who are less than eighteen (18) years of age on the event date of any crash or moving traffic violation shall be required to file proof of financial responsibility pursuant to chapter 12 of this title.
The department may, upon receiving evidence sufficient to establish that a licensed driver is incompetent or otherwise not qualified to be licensed, upon written notice of at least twenty (20) days to the licensee, require the driver to submit to a driver license examination and/or submit any other information deemed appropriate by the commissioner. The department shall take action as may be appropriate and may suspend the license of the person or permit the driver to retain the license, or may issue a license subject to restrictions as permitted under § 55-50-331(d) and (e). Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension of the driver license.
All judges having jurisdiction over offenses committed under any statute of this state or municipal ordinance of any city or town regulating the operation of motor vehicles on highways shall have the authority to require any person brought before the court for an alleged violation to submit to a reexamination by the department when the judge has good cause to believe that the person would not be able to operate a motor vehicle safely upon the highways, or at the discretion of the judge, would create a hazard to the driving public. However, the license of the person shall not be withheld or suspended pending the reexamination. Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension or revocation of the license.