Tennessee would penalize certain commercial driving and employer conduct

A person who is unlawfully present in the United States would commit a crime by operating a commercial motor vehicle in Tennessee, and another person would commit a crime by knowingly allowing it. The rule covers commercial motor vehicle operation in Tennessee and people who are unlawfully present in the United States. A person must knowingly allow the operation to commit the employer-side offense. Each violation would be a Class A misdemeanor. After an arrest for the driver offense, the arresting agency would have to ensure that federal immigration authorities are notified. These provisions would take effect July 1, 2026.

An employer or state license official covered by the section would be strictly liable for certain injuries or property damage caused by the person's commercial vehicle operation. The rule covers employers that knowingly allow the driving and state officials or employees who knowingly issue a commercial driver license to a person who is unlawfully present. An injured person could seek compensatory damages, at least $1 million in punitive damages, court costs, and reasonable attorney's fees. Tennessee law would apply to covered lawsuits, and a contract requiring another state's law would be unenforceable. The liability would apply to personal injury or property damage caused by the person's operation of a commercial motor vehicle. This civil liability section would take effect July 1, 2026.

The attorney general and private people would be allowed to sue alleged violators for civil penalties and court orders. The enforcement rules cover employers and state officials or employees involved in covered commercial driver license or driving conduct. The attorney general could seek at least $1 million from each violating employer, along with court orders, costs, and attorney's fees. A private person could sue for the state through a qui tam case, meaning a case brought on the government's behalf, even without a criminal charge or conviction. The attorney general could take over within 60 days, and a private plaintiff could receive part of the recovery under the stated rules. Private complaints would initially be filed under seal, and defendants generally would not have to respond until 30 days after service following unsealing. A private plaintiff's 60-day filing period for attorney general action would begin when the attorney general receives the complaint; the provisions would otherwise take effect July 1, 2026.