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3 Tennessee Attorney General Reports and Opinions 1 (1973-1974)

handle is hein.sag/sagtn0165 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL SUPREME COURT BUILDING NASHVILLE, TENNESSEE 37219 DAVID M. PACK ATTORNEY GENERAL & REPORTER OPINION NO. 1 TO: County Attorney DATE: June 14, 1973 QUESTIONS 1. Can restricted driving privileges be granted to an interstate truck driver after a DWI conviction? 2. Can restricted or limited driving privileges be granted to anyone who does not have a designated and specific place of departure and terminal during the working day? 3. Orders issued by courts for special driving privileges usually detail time and place of departure and time and place of arrival. Illustration: A wage earner going from his home to his plant and re- turn. Do driving privileges extend to any other kind of employe whose driving requirements preclude detailing specific routes of travel, such as an insurance salesman with a debit, or a real estate appraiser, or truck driver (arrested in family car) engaged in interstate commerce? 4. Is this class legislation by reason of one wage earner being allowed to retain his job and keep his income by virtue of the nature of his job, as opposed to men in these other classifications losing their jobs and income? OPINION The judge of the court in which a person is convicted of DWI pursuant to T.C.A. §59-1031, et seq., may order the issuance of a restricted driver's license allowing said person to operate a motor vehicle at any time and place within the reasonable scope of and necessary to his regular employment. ANALYSIS Section 59-1035, T.C.A., provides that a judge may order the issuance of a restricted license allowing the person so con- victed to operate a motor vehicle for the purpose of going to and from and working at his regular place of employment. Such order shall state with all practicable specificity the necessary times and places of permissible opera- tion of a motor vehicle.. . (emphasis added) It is our opinion that use of the words and working at permits the issuance of a restricted li- cense affording driving privileges to any person who necessarily must operate a motor vehicle not merely in getting to and from a fixed job location but in actually carrying out or working at his reg- ular employment. It is a modern day fact that the highway is the regular place of employment of countless persons. This is not to say that the legislature could have no compelling interest in limiting the driving time of adjudged irresponsible persons such as would justify the allowance of only short trips to and from a fixed job location. It is merely to say that in our opinion the language of T.C.A. §59-1035 does not require such a restrictive interpretation. PHILLIP W. BROOKS Assistant Attorney General

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