Rules & Regulations of the State of Tennessee Title 1340 - Safety and Homeland Security
🔷 Overview: Title 1340 – Safety and Homeland Security
Title 1340 of the Tennessee Rules and Regulations governs the Tennessee Department of Safety and Homeland Security (TDSHS). This title includes rules related to:
Driver licensing
Vehicle regulation
Highway patrol operations
Homeland security and emergency preparedness
Handgun permits and weapons regulation
Commercial driver’s licensing (CDL)
Law enforcement training and standards
The Department is tasked with ensuring the safety and security of Tennesseans through law enforcement, regulation, and emergency preparedness.
🔷 Structure of Title 1340
Title 1340 is divided into chapters, each dealing with specific functional areas. Here's a breakdown of key chapters and what they regulate:
| Chapter | Topic |
|---|---|
| 1340-01 | Driver licenses and testing |
| 1340-02 | Vehicle titling and registration |
| 1340-03 | Tennessee Highway Patrol |
| 1340-04 | Commercial driver license (CDL) |
| 1340-05 | Firearms and Handgun Carry Permits |
| 1340-06 | Homeland Security and Emergency Management |
| 1340-07 | Ignition Interlock Device Rules |
| 1340-08 | Law Enforcement Support and Grants |
🔷 Key Provisions Explained
1. Driver Licensing (Chapter 1340-01)
Sets procedures for testing, issuing, suspending, and revoking driver licenses.
Provides guidelines for vision, written, and road tests.
Addresses license suspension for DUIs, failure to pay fines, or excessive points.
Sets administrative hearing procedures for appeals.
Case Law:
Jones v. Tennessee Dept. of Safety, 745 S.W.2d 284 (Tenn. Ct. App. 1987)
Upheld the Department's right to suspend licenses for point accumulation without a criminal conviction.
Shows that administrative actions under Title 1340 can proceed without a court ruling.
2. Vehicle Regulation (Chapter 1340-02)
Covers registration, titling, VIN inspections, and rules on salvage vehicles.
Provides rules on emissions testing, ownership transfers, and duplicate titles.
Case Law:
Smith v. State, 722 S.W.2d 915 (Tenn. 1987)
Reaffirmed the Department's authority to seize improperly titled vehicles.
Demonstrates the Department’s regulatory enforcement authority under this title.
3. Tennessee Highway Patrol (Chapter 1340-03)
Establishes operational rules for THP officers.
Covers traffic enforcement, accident investigation, and public safety duties.
Details the use of dashcams, body cameras, and high-speed pursuit policies.
Rules also govern promotions, training, and internal discipline for troopers.
Case Law:
State v. Garcia, 123 S.W.3d 335 (Tenn. 2003)
Validated use of dashcam video and THP’s traffic stop procedures.
Title 1340 was used to assess the reasonableness of enforcement practices.
4. Commercial Driver Licensing (Chapter 1340-04)
Implements federal CDL standards in Tennessee.
Rules for disqualification due to DUI, controlled substances, hit and run, or leaving the scene.
Provides for medical certification requirements and hazardous materials endorsements.
Case Law:
Johnson v. Dept. of Safety, 1998 WL 205748 (Tenn. Ct. App.)
Court upheld CDL suspension for violation of federal alcohol standards.
Emphasized compliance with both state and federal regulations under this chapter.
5. Handgun Carry Permits and Firearms (Chapter 1340-05)
Governs eligibility, training, application, renewal, suspension, and revocation of handgun carry permits.
Sets standards for background checks, fingerprinting, and mental health reporting.
Details situations in which permits may be suspended or revoked (e.g., restraining orders, felony charges).
Case Law:
Gregory v. Tennessee Dept. of Safety, 172 S.W.3d 730 (Tenn. Ct. App. 2005)
Supported the revocation of a handgun permit after the individual was charged with domestic violence.
Affirms that administrative actions under this chapter are subject to due process but do not require criminal convictions.
6. Homeland Security (Chapter 1340-06)
Covers state responsibilities for emergency management, terrorism preparedness, and interagency coordination.
Rules for training first responders, handling hazardous materials, and coordinating with federal agencies (FEMA, DHS).
Implements the National Incident Management System (NIMS) and other disaster response protocols.
Case Law:
While direct cases under 1340-06 are rare, courts have referenced state homeland security rules in interpreting response obligations during declared emergencies (e.g., tornado or flood response lawsuits).
7. Ignition Interlock Device Rules (Chapter 1340-07)
Requires ignition interlock devices (IIDs) for drivers convicted of DUI.
Sets standards for IID vendors and calibration.
Rules for violations, tampering, and program removal.
Case Law:
State v. Hayes, 337 S.W.3d 235 (Tenn. Crim. App. 2010)
Court upheld ignition interlock requirement and noted the Department’s authority under Title 1340.
Reinforces the mandatory nature of these safety measures.
8. Law Enforcement Support and Grants (Chapter 1340-08)
Regulates the distribution of state and federal grants to police departments, sheriff’s offices, and emergency responders.
Provides criteria for eligibility, reporting, and compliance auditing.
Encourages body camera programs, recruitment training, and modernization.
🔷 Summary Table
| Area | Regulatory Focus | Relevant Case Law |
|---|---|---|
| Driver Licensing | Testing, suspension, revocation, appeals | Jones v. TDSHS |
| Vehicle Regulation | Titling, registration, seizure of stolen/salvage vehicles | Smith v. State |
| Tennessee Highway Patrol | Enforcement policy, high-speed pursuit, internal discipline | State v. Garcia |
| Commercial Driver Licensing | Federal CDL compliance, disqualification rules | Johnson v. Dept. of Safety |
| Handgun Permits | Background checks, revocation, eligibility | Gregory v. TDSHS |
| Homeland Security | Emergency response protocols, interagency cooperation | Referenced in emergency response litigation |
| Ignition Interlock Devices | DUI enforcement, device standards, program monitoring | State v. Hayes |
| Law Enforcement Grants | Grant oversight, modernization, use of funds | Administrative enforcement context |
🔷 Enforcement and Administrative Hearings
The Tennessee Department of Safety and Homeland Security (TDSHS) enforces Title 1340.
The Department conducts administrative hearings (e.g., for license suspensions or handgun permit appeals).
Individuals may appeal adverse decisions to the Tennessee Secretary of State’s Administrative Procedures Division or the Tennessee Court of Appeals.
The rules in Title 1340 must comply with both the Tennessee Code Annotated (TCA) and federal laws (for areas like CDL and Homeland Security).
🔷 Conclusion
Title 1340 of the Tennessee Rules & Regulations is a comprehensive set of rules that supports the Department of Safety and Homeland Security in:
Regulating licenses, firearms, and vehicles
Maintaining public order and safety
Administering emergency response
Supporting law enforcement operations
These regulations work in tandem with state statutes and are regularly enforced through administrative hearings and court actions.
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