apt31-5551212

American Politics Today recently submitted a list of questions to the State of Tennessee's Department of Safety about driver licenses and associated issues in that state.

Melissa McDonald, a Public Information Officer in the Tennessee Department of Safety, prepared answers to those questions, which along with the original questions, can be found below. Ms. McDonald also provided these introductory comments on the subject of driver license policy in the State of Tennessee:

"Here are the answers to the questions you posed about Tennessee’s Certificates for Driving and the Real ID Act. But first, I’d like to provide a few facts about what Tennessee has done to balance the separate issues of increased immigration and the increased threat of terrorism following the 9/11 tragedy.

* Tennessee’s CFD program was developed as a moderate, common sense solution.
* It balances homeland security concerns with public safety concerns.
* Ensuring the safety of Tennesseans is our highest priority.

"When he came into office in 2003, Governor Bredesen recognized that changes to Tennessee’s driver license laws were necessary. At the time, there was no federal effort to address these concerns at the national level. Tennessee’s Department of Safety and the state’s Office of Homeland Security reviewed the situation and came up with a solution to address road safety issues, as well as concerns about the threat of terrorism. The Certificate for Driving program was the end result of that effort. It ensures that all drivers pass knowledge and skills tests. The legislature approved the measure in the spring of 2004. It went into effect on July 1, 2004.

1. Before 2001, could undocumented residents of Tennessee get a driver's license?
Effective 1998, applicants for a Tennessee Driver License were required to provide a social security number as a prerequisite for the issuance of a driver license or photo identification-only license.

2. What were the provisions of the 2001 law that allowed undocumented residents to get driver's licenses?
In 2001, the law was changed to require the provision of a social security number only if the applicant had been issued a social security number. If the applicant did not have or stated they had never been issued a social security number, they were required to complete an affidavit, under penalty of perjury, affirming that the applicant had never been issued a social security number.

3. What were the provisions of the 2004 law that disallowed undocumented residents from getting driver's licenses?
Governor Bredesen directed the Commissioner of Safety and the Director of the state Office of Homeland Security to find a mechanism that would address homeland security concerns, while ensuring that drivers on Tennessee roads know how to safely operate motor vehicles. The law, passed in 2004, provides for the issuance of a driver license or photo identification-only license only to applicants who can provide documentation of U.S. Citizenship or Lawful Permanent Residency. That common sense solution addressed homeland security issues.

At the same time, the new law created the CFDs, which provide undocumented persons with a lawful way to operate a motor vehicle. The tests required to earn a CFD protect public safety by ensuring that each applicant has passed a knowledge test on Tennessee traffic laws, as well as an on-road skills test.

4. How many people, currently ineligible for driver's licenses, currently hold driver's licenses issued to them before the law changed?
We currently do not track this information.

5. When do these people need to renew their licenses?
The 2004 law required that those drivers whose initial issuance of a driver license or photo identification-only license was on or after January 1, 2001, be required to provide documentation of U.S. Citizenship or Lawful Permanent Residency upon the first renewal. If they cannot provide this documentation, their privilege will be reclassified to a Certificate for Driving.

6. How many people have been issued "Certificates for Driving"?
As of June 8, 2005, approximately 26,170 CFDs had been issued statewide.

7. Does a Certificate for Driving entitle a person to buy car insurance?
There are insurance companies that will provide insurance based upon a valid Certificate for Driving.

8. Is either a driver's license or a CFD required in order to be able to buy car insurance?
It depends on the automobile insurer. It is our understanding that there are “Non-driver” insurance policies available under certain circumstances. An automobile insurer may be able to provide more insight into the licensing requirements to purchase car insurance.

9. At what rate are new CFDs being issued?
Currently, approximately 2300 CFDs are issued statewide on a monthly basis.

10. Is there a separate CFD data base, or a "bubble" or separate field in the general DMV data base, that allows authorized personnel to access a list of those with CFDs?
Individuals possessing CFDs are included in our licensing issuance database. Information in this database may be distinguished by type of document issued (ID, Driver License, CFD…).

11. Is this data available to, and has it been accessed by, any agency of the federal government, for example, the U.S. Immigration and Customs Enforcement (ICE)?
License and driver related data is available to authorized entities, primarily law enforcement agencies. Law enforcement agencies may routinely access driver related information in the course of their law enforcement duties.

12. How will the Tennessee system of driver ID be affected by the provisions of the REAL ID Act of 2005?
The Department has briefly reviewed the Real ID Act of 2005. In the forthcoming weeks, we will evaluate the legislation in more detail to determine what the requirements are, what the options are, and to fully assess the impact of this legislation on the Driver License program and the residents of the State of Tennessee. The Tennessee Driver License program will continue to operate under the current laws governing driver licenses, photo identification, licenses and CFDs during this period of evaluation.