Motor Vehicles - As enacted, revises law relative to out-of-service orders issued to commercial drivers and related penalties. - Amends TCA Title 55 and Title 65, Chapter 15. SB1748 has been assigned Public Chapter Numbe, the official text

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                            PUBLIC CHAPTER NO. 1087

                                                    SENATE BILL NO. 1748

                   By Bowling, Bailey, Crowe, Hensley, Jackson, Pody, Stevens, White

                                           Substituted for: House Bill No. 1817

       By Russell, Cochran, Howell, Moody, Fritts, Doggett, Eldridge, Hale, Todd, Grills, Keisling

AN ACT to amend Tennessee Code Annotated, Title 55 and Title 65, Chapter 15, relative to
          commercial driver licenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 55-50-405, is amended by adding the
following as a new subsection:

                    U)(1)

                                        (A) The commissioner shall suspend the commercial driver license of a
                              driver who is issued an out-of-service order pursuant to§ 65-15-111(9) or is
                              otherwise found to be unable to read and speak the English language
                              sufficiently to converse with the general public, to understand highway traffic
                              signs and signals, to respond to official inquiries, and to make entries on
                              reports and records as required by 49 CFR 391.11 (b)(2).

                                        (8) Subdivision U)(1 )(A) does not apply if the driver:

                                                  (i) Is unable to speak the English language sufficiently;

                                                  (ii) Is capable of reading and writing in the English language;
                                        and

                                                  (iii) Presents documentation that the driver fails to meet the
                                        hearing standard under 49 CFR 391.41 (b)(11) and has obtained an
                                        exemption from that requirement.

                              (2) A commercial driver license suspended pursuant to subdivision U)(1)
                    remains suspended until the driver takes and passes the written commercial driver
                    license test administered in English.

          SECTION 2. Tennessee Code Annotated, Section 65-15-111, is amended by adding the
following as a new subsection:

                    (g)(1) If an enforcement officer determines during the course of a safety inspection
                    that a driver is unable to read and speak the English language sufficiently to converse
                    with the general public, to understand highway traffic signs and signals, to respond to
                    official inquiries, or to make entries on reports and records as required by 49 CFR
                    391.11 (b)(2), then the officer must issue an out-of-service order to the driver that also
                    prevents the vehicle from being operated until a substitute driver who is capable of
                    reading and speaking the English language sufficiently, as required by 49 CFR
                    391.11 (b)(2), is present to operate the vehicle in place of the original driver.

                              (2) Subdivision (g)(1) does not apply if the driver:

                                        (A) Is unable to speak the English language sufficiently;
SB 1748
                                       (8) Is capable of reading and writing in the English language; and
                                       (C) Presents documentation that the driver fails to meet the hearing

                             standard under 49 CFR 391.41(b)(11) and has obtained an exemption from
                             that requirement.
         SECTION 3. This act takes effect ninety (90) days following transmission of written
notification by the commissioner of safety to the executive secretary of the Tennessee Code
Commission that either legislation is passed by the United States Congress, or a regulation is
promulgated by the United States Department of Transportation, that authorizes state action
contemplated by this act without jeopardizing receipt of federal funds, the public welfare requiring it.
The commissioner of safety shall notify the executive secretary of the Tennessee Code Commission
in writing of the occurrence of such legislation or regulation taking effect only if the commissioner of
safety has received written assurances from the Federal Motor Carrier Safety Administration that the
state action contemplated by this act will not jeopardize receipt of federal funds to the department of
safety or department of transportation.

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         SENATE BILL NO. 1748

PASSED:  April 22, 2026

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                                                RANDYN

                                     SPEAKER OF THE

                                     CAMERON--S-EXTON,SPEAKER

                                     HOUSE OF REPRESENTATIVES

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                               IV
17, APPROVED this                               2026

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                            BILL LEE, GOVERNOR