Title 55 Motor and Other Vehicles

Chapter 1 Motor Vehicle Title and Registration Law — Definitions

§ 55-1-101. Short title for chapters 1-6.

Chapters 1-6 of this title shall be known and may be cited as the “Tennessee Motor Vehicle Title and Registration Law.”

§ 55-1-102. Definitions of words and phrases generally.

The following words and phrases, when used in chapters 1-6 of this title, for the purpose of chapters 1-6 of this title, have the meanings respectively ascribed to them in this chapter.

§ 55-1-103. “Autocycle,” “motor bicycle,” “motor vehicle,” “motorcycle,” “vehicle” and “freight motor vehicle” defined.

(a) “Autocycle” means a three-wheeled motorcycle that is equipped with safety belts, steering wheel, and nonstraddle seating, and is manufactured to comply with federal safety requirements for motorcycles.
(b) “Motor bicycle” means a motorized bicycle as defined in § 55-8-101.
(c) “Motor vehicle” means every vehicle that is self-propelled, excluding electric scooters, motorized bicycles, personal delivery devices, and every vehicle that is propelled by electric power obtained from overhead trolley wires. “Motor vehicle” means any low speed vehicle or medium speed vehicle as defined in this chapter. “Motor vehicle” means any mobile home or house trailer as defined in § 55-1-105.
(d) “Motorcycle” means every motor vehicle that has a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including an autocycle and does not include a tractor or motorized bicycle.
(e) “Vehicle” and “freight motor vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

§ 55-1-104. “Farm tractor,” “motor home,” “truck” and “truck tractor” defined.

(a) “Farm tractor” means every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry.
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(b) “Motor home” has the same meaning as defined in § 55-28-102.
(c) “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.
(d) “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

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§ 55-1-105. “Manufactured home,” “mobile home or house trailer,” “pole trailer,” “semitrailer” and “trailer” defined.

(a) “Manufactured home” means any structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) or more body-feet in width or forty (40) or more body-feet in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure that meets all of the requirements of this subsection (a) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States secretary of housing and urban development and complies with the standards established by title 42 of the United States Code. As defined in this subsection (a), “manufactured home” also has the same meaning as “mobile home,” as defined in title 68, chapter 126, and “manufactured home,” as defined in § 47-9-102.
(b) “Mobile home or house trailer” means any vehicle or conveyance, not self-propelled, designed for travel upon the public highways, and designed for use as a residence, office, apartment, storehouse, warehouse, or any other similar purpose. “Mobile home or house trailer” includes any “manufactured home” as defined in subsection (a).
(c) “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(d) “Semitrailer” means every vehicle without motive power and not a motor vehicle as defined in this section, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(e) “Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

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§ 55-1-106. “Essential parts,” “reconstructed vehicle” and “specially constructed vehicle” defined.

(a) “Essential parts” means all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
(b) “Reconstructed vehicle” means every vehicle of a type required to be registered hereunder materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.
(c) “Specially constructed vehicle” means every vehicle of a type required to be registered hereunder not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.

§ 55-1-107. “Foreign vehicle” defined.

“Foreign vehicle” means every vehicle of a type required to be registered hereunder brought into this state from another state, territory, or country, other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.

§ 55-1-108. “Implement of husbandry” defined.

“Implement of husbandry” means every vehicle which is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations, but does not include any truck, truck-tractor or farm truck whenever such vehicle is driven upon a highway of this state except as provided in § 55-3-101(a)(2).

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§ 55-1-109. “Special mobile equipment” defined.

“Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway or street, including, but not limited to: ditch-digging apparatus and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, scrapers, track mounted power shovels and drag lines. “Special mobile equipment” does not include dump trucks or truck mounted transit mixers, earth movers, cranes, shovels, well-boring apparatus and feed mills, such as may be fixed load vehicles or other vehicles designed for the transportation of persons or property to which machinery has been attached, even though the movement over the streets and highways may be only incidental to the operation of such vehicle.

§ 55-1-110. “Metal tire,” “pneumatic tire” and “solid tire” defined.

(a) “Metal tire” means every tire, the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient materials.
(b) “Pneumatic tire” means every tire in which compressed air is designed to support the load.
(c) “Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.

§ 55-1-111. “Commissioner” and “department” defined.

As used in chapters 1-6 of this title, unless the context otherwise requires:
1. (1) “Commissioner” means the commissioner of revenue; and
2. (2) “Department” means the department of revenue.

§ 55-1-112. “Lienor,” “owner” and “person” defined.

(a) “Lienor” means any person who holds any lien, mortgage, conditional sales contract or other encumbrance against a vehicle.
(b) “Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of chapters 1-6 of this title.
(c) “Person” means every natural person, firm, copartnership, association, or corporation.

§ 55-1-113. “Nonresident” defined.

“Nonresident” means every person who is not a resident of this state.

§ 55-1-114. “Dealer,” “manufacturer” and “transporter” defined.

(a) “Dealer” means every person licensed by the proper state authorities to engage in the business of buying, selling, or exchanging vehicles of a type required to be registered hereunder and who has an established place of business for such purpose in this state.
(b) “Manufacturer” means every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder.
(c) “Transporter” means every person engaged in the business of delivering vehicles of a type required to be registered hereunder.

§ 55-1-115. “Place of business” defined.

The place actually occupied, either continuously or at regular periods, by a dealer or manufacturer, where such dealer's or manufacturer's books and records are kept and a large share of business is transacted, is deemed to be the established place of business for the purpose of chapters 1-6 of this title.

§ 55-1-116. “Highway” or “street” defined.

“Highway” or “street” means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.

§ 55-1-117. “Fixed load vehicle” defined.

“Fixed load vehicle” means any vehicle not designed or used to carry, convey or move any freight, property, article or thing over the highways, except its own weight of any equipment, appliance or apparatus constructed as a part of, or permanently attached to, the body of the vehicle. “Fixed load vehicle” includes well-drilling apparatus, cranes and portable feed mills and such other vehicles as are within the general terms hereof, the primary use of which is not upon the highways and streets of this state, but does not include wreckers or tow cars equipped with cranes, hoists or dollies and used for transporting wrecked motor vehicles or motor vehicles designed to deliver ready mixed concrete.

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§ 55-1-118. “Freight” defined.

“Freight” means any kind of property which may be carried by motor vehicle over the streets and highways by either public or private carrier.

§ 55-1-119. “Farm truck” defined.

(a) “Farm truck” means any truck motor vehicle used by the owner in connection with the agricultural pursuits usual and normal to the owner's farming operations, such as the transportation of products of the soil, livestock, poultry, seed, or any materials to be used by the owner in the production, cultivation, growing, or harvesting of agricultural commodities; also for uses incidental to farming as the transportation of the farm laborers or bringing to the farm products or materials that may be used for its improvement or promote its operation.
(b) “Farm truck” shall not be so construed as to permit the vehicle's use either part time or incidentally in the conduct of any commercial enterprise, or for the transportation of farm products after such commodities have entered the “channels of commerce,” as for example in the “house to house” delivery of milk.

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55-7-205(a)(3)

§ 55-1-120. “Gross weight” defined.

“Gross weight” means the weight of a vehicle without load, plus the weight of any load thereon, which, more specifically, includes the total weights of a truck or a truck-tractor and a semitrailer, trailer or pole trailer, or any combination of such vehicles, including the load thereon, towed by one (1) vehicle with motive power.

§ 55-1-121. “Odometer” defined.

(a) “Odometer” means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation.
(b) “Odometer” does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.

§ 55-1-122. “Low speed vehicle” defined.

“Low speed vehicle” means any four-wheeled electric or gasoline vehicle, excluding golf carts, whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood electric vehicles. Low speed vehicles must comply with the standards in 49 CFR 571.500.

§ 55-1-123. “Golf cart” defined.

“Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and equipped with safety belts installed for use in the left front and right front seats and that is not capable of exceeding speeds of twenty miles per hour (20 mph).

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§ 55-1-124. “Custom-built car” defined.

“Custom-built car” means a motor vehicle that is built for private use and is not constructed by a licensed manufacturer or remanufacturer.

§ 55-1-125. “Medium speed vehicle” defined.

“Medium speed vehicle” means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to § 55-8-191(b)(1), including neighborhood electric vehicles and mini-trucks. Medium speed vehicles must meet or exceed the federal safety standards set forth in 49 CFR 571.500, except as otherwise provided in § 55-4-136.

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55-4-136(a)

§ 55-1-126. “OEM headquarters company” and “OEM headquarters company vehicle” defined.

(a) “OEM headquarters company” means an original equipment manufacturer that is engaged in the business of manufacturing motor vehicles and qualifies to receive the credit provided in § 67-6-224, or any affiliate thereof. For purposes of this subsection (a), “affiliate” has the same meaning as provided in § 67-4-2004.
(b) “OEM headquarters company vehicle” means any motor vehicle subject to registration in accordance with this title that is owned by an OEM headquarters company, whether used for sales or service training, advertising, quality control, testing, evaluation or such other uses as approved by the commissioner, and, further, including motor vehicles provided by the OEM headquarters company for use by eligible employees and their eligible family members in accordance with policies established by the OEM headquarters company and approved by the commissioner.

Chapter 2 Administration by Department of Revenue

§ 55-2-101. Administration by commissioner of revenue.

Except as otherwise specifically provided by law, chapters 1-6 of this title shall be administered by the commissioner of revenue. The commissioner of revenue shall have the authority to delegate to the county clerks any functions and duties regarding the administration of chapters 1-6 and chapter 21 of this title; provided, however, that such authority shall not extend to the functions and duties regarding the administration of chapter 3, part 2 of this title. Such delegation shall be in a written form acceptable to the commissioner. The county clerk shall have the option of accepting or rejecting any such delegation.

§ 55-2-102. Appointment of subordinates by commissioner — Police powers of employees of special investigations section — Salaries.

(a) The commissioner shall appoint deputies, subordinate officers, clerks, investigators, and other employees who may be necessary to carry out chapters 1-6 of this title.
(b) Employees of the special investigations section who have been designated by the commissioner to enforce chapters 2-6 of this title, except as otherwise provided in chapter 5 of this title, are cloaked with all such necessary police powers as will enable them to properly perform their duties under this title, including, but not limited to, the right to make arrests, serve criminal warrants and subpoenas for witnesses, and go armed and carry a pistol while on active duty enforcing chapters 2-6 of this title.
(c) The salaries of appointees shall be fixed by the commissioner, subject to the approval of the commissioner of human resources.

§ 55-2-103. Powers and duties of commissioner generally — Rules and regulations.

(a) The commissioner, in addition to all the powers and duties vested by law, is vested with the power and is charged with the duty of observing, administering and enforcing chapters 1-6 of this title.
(b) The commissioner is authorized to adopt and enforce rules and regulations necessary to carry out chapters 1-6 of this title.

§ 55-2-104. Forms — Prescribing and providing by commissioner.

The commissioner shall prescribe and provide suitable forms of applications, certificates of title, and all other forms requisite or deemed necessary to carry out chapters 1-6 of this title.

§ 55-2-105. Administration of oaths, acknowledgment of signatures and certification of copies of records authorized.

(a) Officers and employees of the department designated by the commissioner are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures, and shall do so without fee.
(b) The commissioner and officers of the department the commissioner may designate are authorized to prepare, and deliver, upon request, a certified copy of any record of the department required to be kept by chapters 1-6 of this title and authorized to be released by chapter 25 of this title, charging a fee of fifty cents (50¢) for each document authenticated.

§ 55-2-106. Fee charged for provision of department records.

The commissioner and the county clerk are authorized to charge a reasonable fee for such services, not to exceed one dollar ($1.00) for each person or vehicle on which the information is requested.

§ 55-2-107. Applications for certificates of registration or title — Granting or refusing.

The department shall examine and determine the genuineness, regularity, and legality of every application for a certificate of registration or title for a vehicle and of any other application lawfully made to the department, and may in all cases make investigation as may be necessary or require additional information, and shall reject any application if not satisfied of the genuineness, regularity, or legality of the application or the truth of any statement contained in the application, or for any other reason, when authorized by law.

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55-3-103(e)(3)

§ 55-2-108. Seizure of documents and plates — Review of commissioner's action.

(a) The department is authorized to take possession of any certificate of title, certificate of registration, permit or license or license plate issued by the department or by any county clerk, if that document or plate is fictitious, has been issued in error or unlawfully, contains erroneous information, or has been ordered revoked, cancelled or suspended by a court of competent jurisdiction.
(b) An action by the commissioner with regard to subsection (a) or an action by the commissioner in issuing or refusing to issue any certificate of registration, permit, license or license plate shall be reviewed in the manner provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in § 67-1-105; provided, that the party aggrieved by the action makes a written request for a formal hearing under the Uniform Administrative Procedures Act within ten (10) days of the action complained of.

§ 55-2-109. Synopsis of laws — Distribution.

If the commissioner of safety publishes a synopsis or summary of the laws of this state regulating the operation of vehicles, and provides copies of the published synopsis or summary to the commissioner of revenue, and requests that a copy be delivered with each certificate of title, the commissioner of revenue shall do so without charge.

§ 55-2-110. Summoning witnesses and taking testimony authorized — Witness fees.

(a) The commissioner and officers of the department designated by the commissioner have the authority to summon witnesses to give testimony under oath or to give written depositions upon any matter under the jurisdiction of the department. Each summons may require the production of relevant books, papers, or records.
(b) Every summons shall be served at least five (5) days before the return date, either by personal service made by any person over eighteen (18) years of age or by registered mail, but return acknowledgment is required to prove service by registered mail.
(c) Failure to obey the summons served shall constitute a misdemeanor.
(d) The fees for the attendance and travel of witnesses shall be the same as for witnesses before the circuit court.

§ 55-2-111. Notice — Manner of giving — Proof by certificate or affidavit.

Whenever the department is authorized or required to give any notice under chapters 1-6 of this title, unless a different method of giving notice is otherwise expressly prescribed, notice shall be given either by personal delivery to the person to be notified or by registered mail with return receipt. The giving of notice by registered mail shall be complete upon the receipt by the department of the return receipt card. Proof of the giving of notice in either manner may be made by the certificate of any officer or employee of the department or affidavit of any person over eighteen (18) years of age, naming the person to whom notice was given and specifying the time, place and manner of the giving of notice, except that, where the notice has been given by registered mail, the return receipt shall be attached to the certificate or affidavit.

§ 55-2-112. Use of funds — Reduction of odometer tampering and fraud.

Funds received by the department from the increase in the state fee for certificates of title authorized by chapter 276 of the Public Acts of 1989, amending § 55-6-101, shall be used solely for the purpose of strengthening and improving the processing, review and examination of certificates of title so as to reduce odometer tampering and fraud committed against persons titling and registering motor vehicles in this state. Information on applications for titling or registration rejected by the department or found to be fraudulent or questionable shall be supplied to the department of safety for use in odometer fraud investigations. The department of revenue and the department of safety shall coordinate their actions so as to provide the most effective response against odometer fraud.

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4-3-2010(c)

§ 55-2-113. Authority for the commissioner to accept credit, debit or other financial transaction cards — Surcharge or convenience fees.

(a) The commissioner is authorized, but not required, to accept credit cards, debit cards or other similar financial transaction cards in payment of any taxes or fees due in connection with the titling or registration of motor vehicles, and the commissioner may adopt reasonable policies governing the manner of acceptance of such cards. The commissioner is authorized to impose a surcharge or convenience fee upon persons making payment by credit card, debit card or other similar financial transaction cards to wholly or partially offset, in the aggregate, any discount fees, administrative fees, transaction fees or other direct fees or costs charged to the department by a third party to facilitate the transaction. The commissioner may enter into appropriate agreements with card issuers or other appropriate parties as needed to facilitate the acceptance of payments authorized by this section. The commissioner also may enter into appropriate agreements with third-party service providers for the acceptance and processing of credit card, debit card or other similar financial transaction card payments on the commissioner's behalf. The agreements may authorize the third-party service provider to impose a surcharge or convenience fee upon persons making the payments. The county clerks, when acting as deputies to the commissioner under the laws governing the titling and registration of motor vehicles, are likewise authorized, but not required, to accept credit cards, debit cards or other similar financial transaction cards consistent with the authority granted to the commissioner under this section.
(b) When a person elects to make a payment by credit card, debit card or other similar financial transaction card and a surcharge or convenience fee is imposed as authorized by this section, the payment of the surcharge or convenience fee shall be deemed voluntary and shall not be refundable. No person making any payment by credit card, debit card or other similar financial transaction card shall be relieved from liability for the underlying obligation, except to the extent that the department realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the card issuer or other guarantor of payment, then the underlying obligation shall survive and the department shall retain all remedies for enforcement that would have applied if the transaction had not occurred.

§ 55-2-114. Commissioner's authority to permit filing, submission or retention of documents in digital format.

Notwithstanding any provision to the contrary, when chapters 1-6 of this title require that any document be filed, submitted, or retained in paper, microfiche, or any other nondigital format, the commissioner is authorized to permit the filing, submission, or retention of such document in a digital format.

§ 55-2-115. Coordination with original equipment manufacturers to provide notice of recall and availability of repair options — Disclosure of personal information.

(a) The commissioner is authorized to coordinate with original equipment manufacturers that have issued a major recall and have requested assistance from the department, including those manufacturers that have issued a recall related to airbags manufactured and installed in vehicles between the years 2000 and 2018, to contact, via mail or other notice method, registrants who may be affected by a major recall and to provide notice of the recall and the availability of repair options. If the commissioner elects to issue the mailings or notices contemplated in this section, the original equipment manufacturers shall bear the costs associated with such mailings or notices.
(b) The commissioner is further authorized to disclose the personal information of the owner of any vehicle affected by such a recall to original equipment manufacturers for use in contacting the owner regarding the recall, as a matter of public safety pursuant to § 55-25-107(b)(14). An original equipment manufacturer or employee of the original equipment manufacturer who receives personal information under this subsection (b) shall not disclose such information to any person other than the person to whom it relates, except as otherwise may be authorized by law.
(c) In no event shall any action or inaction as authorized by this section be construed to impose liability of any kind on the state of Tennessee, or any agency, or employee thereof for any claims or damages related to or associated with any recall repair or failure to obtain repairs.

Chapter 3 Certificates of Title

Part 1 General Provisions

§ 55-3-101. Motor vehicles subject to registration and certificate of title provisions — Exceptions — Definition of off-highway motor vehicle.

(a) Every motor vehicle or motorized bicycle, as defined in chapter 8 of this title, and every trailer, semitrailer, and pole trailer, when driven or moved upon a highway, and every mobile home or house trailer, when occupied, shall be subject to the registration and certificate of title provisions of chapters 1-6 of this title, except:
1. (1) Vehicles driven or moved upon a highway in conformance with chapters 1-6 of this title relating to manufacturers, transporters, dealers, lienholders, or nonresidents;
2. (2) Vehicles that are driven or moved upon a highway only for the purpose of crossing the highway from one (1) property to another;
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3. (3) Any implement of husbandry;
4. (4) Any special mobile equipment;
5. (5) No certificate of title need be obtained for any vehicle of a type subject to registration owned by the government of the United States;
6. (6) No certificate of title need be obtained for a foreign vehicle that is subject to the registration provisions of this state, if the nonresident owner has a valid foreign certificate of title and certificate of registration and if the vehicle is to remain registered in the foreign state as well as in this state;
7. (7) Subject to the approval of the commissioner, no certificate of title need be obtained for a vehicle that is part of a proportionally registered fleet in this state if the owner has a valid certificate of title in another state and the vehicle is engaged in interstate commerce;
8. (8) Motorized bicycles, except when voluntarily registered under § 55-4-101; and
9. (9) No certificate of title need be obtained or maintained where the manufactured home is affixed to real property in accordance with § 55-3-128.
(b) The owner of a vehicle excepted in subsection (a) from the requirement for titling and registering may, subject to the approval of the commissioner, apply for a certificate of title without applying for its registration. The commissioner shall by regulation provide for the manner in which single applications are to be made and the conditions under which they may be allowed; however, this subsection (b) shall not be construed as granting authority to issue certificates of ownership on any basis other than upon documentation or summary of ownership as required in this chapter.
(c)
1. (1) Notwithstanding any other law to the contrary, off-highway motor vehicles purchased after June 1, 1983, shall be subject to the certificate of title and special identification device provisions of this chapter and § 55-6-101, when the off-highway motor vehicles are operated on lands, other than a highway, in this state; except, that this subdivision (c)(1) does not apply to Class I and Class II off-highway vehicles.
2. (2) For purposes of this chapter and chapter 52 of this title, “off-highway motor vehicle,” “Class I off-highway vehicle,” and “Class II off-highway vehicle” have the same meanings as defined in § 55-8-101.
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(d) Class I and Class II off-highway vehicles as defined in § 55-8-101 may be registered with the department of revenue in accordance with chapter 4, part 7 of this title and operated on county roads in accordance with § 55-8-203.

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§ 55-3-102. Driving or moving unregistered vehicle upon highway a misdemeanor — Exception.

(a)
1. (1) It is a Class C misdemeanor for any person to:
  1. (A) Drive or move or for any owner knowingly to permit to be driven or moved on any highway any vehicle of a type required to be registered under chapters 1-6 of this title that is not registered or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title; or
  2. (B) Operate or for any owner knowingly to permit to be operated on lands, other than a highway, an off-highway motor vehicle for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title.
2. (2) Notwithstanding subdivisions (a)(1)(A) and (B), when application accompanied by proper fee has been made for a certificate of title for a vehicle, the vehicle may be operated temporarily pending issuance of a certificate of title upon displaying a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the vehicle has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee.
(b)
1. (1) It is a Class C misdemeanor for any person to occupy or for any owner knowingly to permit to be occupied any mobile home or house trailer required to be registered under chapters 1-6 of this title, that is not registered, for which certificate of title has not been issued or for which the appropriate fee has not been paid when and as required under chapters 1-6 of this title.
2. (2) Notwithstanding subdivision (b)(1), when an application accompanied by proper fee has been made for a certificate of title for a mobile home or house trailer, the mobile home or house trailer may be occupied temporarily pending issuance of a certificate of title upon the displaying of a duplicate application for the certificate of title, duly verified by the county clerk of the county in which the house trailer has been registered, which shall be prepared by the county clerk, upon request, without the payment of an additional fee.
(c) The duly authorized agent, employee, or representative of any town, city, incorporated municipality, county, and the department are authorized and empowered to enforce chapters 1-6 of this title, and the agent, employee or representative shall be expressly authorized without the necessity of a search warrant to go upon the premises, land or real property of any person for the purpose of inspection or examination of any mobile home or house trailer, located on the property, for the purpose of carrying out chapters 1-6 of this title.

§ 55-3-103. Application for certificate of title — Form and contents — Statement of dealer or bill of sale.

(a) Every owner of a vehicle, subject to registration under this title, for which no certificate of title has ever been issued by the department, shall make application to the county clerk of the county where the vehicle is to be registered, or directly to the registrar of motor vehicles in the case of either proportional or apportional registrations and state owned vehicles. The clerk or registrar of motor vehicles shall receive the application for the issuance of a certificate of title for that vehicle upon the appropriate form or forms furnished by the department without charge to the applicant. Every such application shall bear the signature of the owner written with pen and ink or captured electronically using a method approved by the commissioner; provided, however, that in the case of a licensed motor vehicle dealer only, in lieu of the signature, the application may be accompanied by a valid power of attorney executed by the owner on a form prescribed by the commissioner granting the licensed motor vehicle dealer authority to sign the application on behalf of the owner. The application shall contain:
1. (1) The full name, bona fide residence, including the residential street address and number or route and box number, or post office box number if the applicant has no residential street address; provided, however, that a post office box shall not be sufficient to establish an individual's bona fide residence; and the mailing address of the owner or business address of the owner if a firm, association or corporation;
2. (2) A description of the vehicle, including, insofar as the specified data may exist with respect to a given vehicle, the odometer reading, the make, model, type of body, the serial number of the vehicle, the engine or other number of the vehicle, and whether new or used and, if a new vehicle, the date of sale by the manufacturer or dealer to the person intending to operate the vehicle. In the event a vehicle is designed, constructed, converted, or rebuilt for the transportation of property, the application shall include a statement of its capacity in terms of maximum gross vehicle weight rating as authorized by the manufacturer of the chassis or the complete vehicle;
3. (3) A statement of the applicant's title and of all liens or encumbrances on the vehicle and the names and addresses of all persons having any interest in the vehicle and the nature of the interest; and
4. (4) Further information that may reasonably be required by the department to enable it to determine whether the owner is entitled to a certificate of title.
(b) If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may register the vehicle, and as a condition of issuing a certificate of title, require the applicant to file a bond with the department upon the form prescribed by the department, executed by a corporate surety company duly licensed to transact business in the state, or a personal bond with two (2) solvent personal sureties on the bond. The bond shall be in an amount equal to one and one-half (1 ½) times the value of the vehicle, as determined by the department, and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any person with an interest has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of three (3) years or prior to the three (3) years if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of any action to recover on the bond.
(c) When the application refers to a new vehicle purchased from a dealer, the application shall be accompanied by a statement by the dealer or a bill of sale showing any lien retained by the dealer and, in addition, a manufacturer's certificate of origin on a form to be prescribed by the commissioner.
(d) The county clerk of the county where a vehicle is to be registered shall act as the agent of the department in receiving the application for certificate of title pursuant to this section. By receiving the application, the transfer of title and any liens noted on the title shall be deemed perfected, subject only to the action of the department in declining for good cause shown to issue the title or action of the county clerk in declining for good cause shown to note such lien on the title.
(e)
1. (1) Notwithstanding this chapter to the contrary, a person may apply for a certificate of title to a vehicle lacking proper documentation, if the vehicle has a fair market value of three thousand dollars ($3,000) or less and the person submits a certificate of ownership signed under penalty of perjury on a form prescribed by the department. The certificate of ownership shall be accompanied by the following supporting documentation:
  1. (A) Return receipts from certified letters with a return receipt requested sent to all known parties with a legal interest in the vehicle, requesting an assigned certificate of title or, in the event the previous owner is unknown to the applicant, evidence of notification, in a publication of general circulation in the county in which the application is being made, of the applicant's intent to apply for title on the vehicle. The notification shall contain a description of the vehicle, including make, model, year and vehicle identification number, and a request to any and all parties holding an interest in the vehicle to contact the person in possession of the vehicle by certified mail, return receipt requested, within ten (10) business days of the date of the publication;
  2. (B) Verification of the vehicle identification number (VIN) by a law enforcement officer or licensed dealer;
  3. (C) A notarized bill of sale from the last registered owner or a notarized statement from the seller stating why the vehicle was not titled or registered in the seller's name;
  4. (D) In the absence of documentation pursuant to subdivision (e)(1)(C), a licensed motor vehicle dealer appraisal of the value of the vehicle;
  5. (E) Photographs of the vehicle in its prerepaired state. If prerepair photographs are unavailable, then post-repair photographs shall be submitted, along with a notarized statement from the applicant that no prerepair photographs are available and that the person was unaware that prerepair photographs would be required before the repairs were made. If no repairs were made, the statement should so state; and
  6. (F) In the event a vehicle was purchased new and never titled and the manufacturer's statement of origin has been lost and a duplicate of the original manufacturer's statement of origin cannot be obtained from the manufacturer, a complete copy of the original manufacturer's statement of origin, certified as true and exact, shall be required.
2. (2) Notwithstanding this chapter to the contrary, a person may apply for a certificate of title to a vehicle lacking proper documentation, if the vehicle is at least thirty (30) years old and the person submits a certificate of ownership signed under penalty of perjury on a form prescribed by the department.
3. (3) Upon submission of a complete certificate of ownership form with the required supporting documentation and payment of the appropriate fee, a certificate of title shall be issued and the county clerk shall issue a license plate to the applicant upon acceptance by the county clerk of the submitted documents and payment of the appropriate fees. A certificate of title issued pursuant to this subsection (e) shall not relieve the registrant of civil or criminal liability resulting from possession of the vehicle as otherwise provided by law. Issuance of a title or registration under the certification provisions is solely dependent on the applicant's ability to provide satisfactory evidence of the applicant's legal right of ownership and conformity to all related provisions as prescribed in § 55-2-107.

§ 55-3-104. Application for certificate of title for specially constructed, reconstructed or foreign vehicles.

(a) In the event a vehicle for which an application for a certificate of title is made is a specially constructed, reconstructed or foreign vehicle, this fact shall be stated in the application and with reference to every foreign vehicle that has been registered outside of this state, the owner shall surrender to the county clerk receiving the application all registration plates, registration cards, certificates of title, and other evidence of foreign registration and ownership as may be in the possession or under the control of the owner.
(b) Any foreign certificate of title shall be accepted as evidence of title by the department to the same extent as a certificate of title issued by the department; provided, that when the foreign vehicle is registered in a jurisdiction that does not have a certificate of title law, the department shall accept only a notarized bill of sale, and proper foreign registration as the evidence of title. If foreign registration is dated less than ninety (90) days prior to application for a certificate of title, there shall be, in addition, the next past bill of sale showing ownership to have been transferred to the party seeking to sell the same, or that party's representative, which bill of sale shall likewise be notarized.

§ 55-3-105. Sales or use tax receipt to accompany application for certificate of title.

It is unlawful for a county clerk to accept an application for a certificate of title as provided for in chapters 1-6 of this title, unless the applicant presents evidence that a sales or use tax at the rate specified in title 67, chapter 6, part 2 and § 67-6-501 has been paid on the sales price of the vehicle by the applicant, or the applicant has authority from the commissioner to file an application for a certificate of title without the payment of the sales or use tax.

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§ 55-3-106. Inapplicable to vehicles exempt from sales or use tax.

Section 55-3-105 does not apply to applications filed for motor vehicles belonging to the United States, the state of Tennessee, or any of its political subdivisions, or to any nonprofit institution exempt from the payment of the sales or use tax under title 67, chapter 6, part 3; provided, that a nonprofit institution shall present its regular certificate of exemption, issued by the commissioner, to the county clerk for inspection as its evidence of exemption from the payment of the sales or use tax and this section, §§ 55-3-105 — 55-3-109.

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55-3-107

§ 55-3-107. Certificate issued for use in lieu of sales or use tax receipt.

Except as indicated in § 55-3-106, the commissioner shall issue a certificate to an applicant, which may be used by the applicant to file an application for a certificate of title when it appears that the applicant is not required to pay any sales or use tax on any motor vehicle for which a certificate of title is necessary, as provided for in chapters 1-6 of this title.

§ 55-3-108. False indication of payment of sales or use tax prohibited.

It is unlawful for any person to alter or to indicate on any bill of sale or any other documents that a sales or use tax has been paid when the tax has in fact not been paid.

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55-3-109

§ 55-3-109. Penalty for violation of sale or use tax provisions.

A violation of §§ 55-3-105 — 55-3-108 is a Class C misdemeanor.

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55-3-106

§ 55-3-110. Determination that vehicle is not stolen.

Prior to the issuance of a certificate of title for a motor vehicle, the department shall determine, by computer or otherwise, if the vehicle has been stolen.

§ 55-3-111. Indexes to certificates of title — Manner of keeping.

(a) The department shall keep a record of all outstanding certificates of title issued by it in suitable books as follows:
1. (1) Numerically, under the certificate of title number assigned, which entry shall show, in addition to title number, all the information required to be set out on the face of the certificate;
2. (2) Under the serial number, if available, otherwise under any other identifying number of the vehicle, which entry shall show, in addition to the serial number or other identifying number, the number of the certificate of title issued for such number; and
3. (3) In the discretion of the department, in any other manner it may deem desirable.
(b) The department shall retain in separate files for a period of at least five (5) years all certificates of title that have been transferred or superseded by certificates of title subsequently issued to the transferees or purchasers of the motor vehicle in question, and shall keep a record of these titles in suitable books as follows: numerically, under the certificate of title number, which entry shall show, in addition to the title number, all the information required to be set out on the face of the certificate of title, together with the number of the certificate of title, which shall have been issued to supersede and take the place of the certificate of title in question as the outstanding certificate of title.

§ 55-3-112. Refusal to issue certificate — Grounds.

The department shall refuse to issue a certificate of title upon any of the following grounds:
1. (1) The application contains any false or fraudulent statement, or the applicant has failed to furnish required information or reasonable additional information requested by the department, or the applicant is not entitled to the issuance of a certificate of title under chapters 1-6 of this title;
2. (2) The department has reasonable ground to believe that the vehicle is a stolen or embezzled vehicle or that the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle; or
3. (3) The required fee has not been paid.

§ 55-3-113. Review of departmental action.

An action of the commissioner in issuing or refusing to issue any certificate of title, in discharging or refusing to discharge any lien, and in issuing or refusing to issue any replacement certificate of title applied for shall be reviewed in the manner provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in § 67-1-105; provided, that the party aggrieved by the action makes a written request for a formal hearing under the Uniform Administrative Procedures Act within ten (10) days of the action complained of.

§ 55-3-114. Issuance of certificate of title — Form and contents — Delivery — Lienors holding certificate.

(a)
1. (1) The commissioner shall, upon receipt of an application for a certificate of title, and after determining by an examination of its records that the applicant is entitled to a certificate of title, issue the same.
2. (2) Except as provided by subdivision (a)(3), the several county clerks are designated deputies to perform, at their option, duties in connection with services normally performed by the department related to the issuance of titles or issuance of replacement certificates of title.
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  - 55-6-104(b)(1)
3. (3) The several county clerks shall perform duties in connection with services related to the notation of liens and encumbrances and the extension of mortgages on certificates of title.
4. (4) For each certificate of title issued by a county clerk, the department shall pay the clerk a fee of two dollars ($2.00).
5. (5) For each certificate of title issued by a county clerk, the department shall pay the clerk an additional fee of thirty-five cents (35¢), which funds shall be earmarked for office supplies and equipment required to perform titling and registration services. Such funds shall be preserved for these purposes and shall not revert to the county general fund at the end of a budget year if unexpended.
6. (6) For purposes of this subsection (a), the clerk shall be deemed to have issued the certificate of title if the clerk performed the examination of the application for a certificate of title and entered the required data into the state computer system for the purpose of printing or electronically producing the certificate of title.
(b)
1. (1) All certificates of title shall be numbered numerically and shall contain upon the face a description of the vehicle, including the make, model, type of body, serial number of the vehicle and the engine or other number of the vehicle and, in addition, a statement of the owner's title and of all liens and encumbrances upon the vehicle described, whether possession is held by the owner under a contract of conditional sale or other agreement and the number of the last certificate of title issued for the same vehicle, and other information as may be determined to be necessary by the commissioner.
2. (2) Joint ownership of a motor vehicle by two (2) or more persons shall be indicated on the certificate of title by the use of the word “and.”
3. (3) The certificate of title shall contain forms for assignment of title and warranty by the owner, with space for notation of liens and encumbrances upon the vehicle at the time of transfer.
4. (4) All certificates of title shall include an abbreviation designating all states, that the department has knowledge of, including Tennessee, where a vehicle has been previously titled. The abbreviation shall be the standard two-letter abbreviation used in addresses by the United States postal service.
(c) The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon. Otherwise, the certificate of title shall be delivered to the person holding the first lien or encumbrance upon the vehicle as shown in the certificate, and shall be retained by the holder of the first lien or encumbrance until the lien or encumbrance shall be discharged, at which time a notation shall be made on the certificate of title, setting forth the fact that the lien or encumbrance has been discharged, which shall be signed by the lienor. If the certificate of title shows on its face one (1) or more liens or encumbrances still outstanding, then the lienor shall deliver the certificate of title to the next prior lienor, either in person or by registered mail. If there are no more liens or encumbrances still outstanding, then the lienor shall deliver the certificate of title to the owner within seven (7) business days from the discharge of the lien or encumbrance. On the date the lien is discharged, the lienor shall send notice of the discharge to the department by registered mail with return receipt demanded. If the department is not notified within seventy-two (72) hours from the date of discharge, then the lienor is subject to the penalty described in § 55-3-127(c). As used in this subsection (c), “owner” includes any person or entity who lawfully acquires a motor vehicle and pays off the outstanding lien or encumbrance on the vehicle.
(d) In the event any lien or encumbrance which is subordinate to any other outstanding lien or encumbrance is discharged or released, the holder of the sublien or encumbrance shall immediately procure the certificate of title from the lienor in whose possession it is being held for the sole purpose of discharging the lien as provided by subsection (c), and thereupon shall return the certificate of title to the person from whom it was obtained, notifying the department of the discharge of this lien, or, in the alternative, the sublienor may immediately forward to the department a release setting forth the fact that the lien or encumbrance has been discharged, which shall be signed by the lienor, and the department shall note the release of the lien upon the certificate of title when the certificate of title shall next be in the physical possession of the department.
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- 55-3-115(b)
(e) With respect to the delegation of duties and the resultant performance of services, the commissioner is authorized to compensate the county clerk at the rates set forth in applicable statutes, upon receipt from the county clerk of confirmation of services in a form acceptable to the commissioner. The prior requirement of a written contract is eliminated.
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- 55-6-101(c)(1)
(f)
1. (1) The department may, in its sole discretion, contract with any business entity that maintains a fleet of two hundred (200) or more motor vehicles to allow the business entity to provide any specific service, or all services, normally performed by the department or by a county clerk relative to the titling and the registration of otherwise qualified motor vehicles within the business entity's fleet of motor vehicles. The existence of such a contract shall not be interpreted to diminish, restrict, or limit the authority of the department to administer or enforce applicable provisions of any law with which a motor vehicle within the contracting business entity's fleet is not in compliance. The contract shall require that the department group vehicles by county of domicile. The department shall collect and distribute to county governments and county government officials the same taxes and fees as would be applicable if the vehicles were registered in the county.
2. (2) Contracts with business entities entered into by the department under this subsection (f) shall set forth in detail the duties and responsibilities of each party, shall require compliance with all applicable federal and state laws, shall not contain provisions that are contrary to any federal or state statute, and shall comply with the Federal Drivers' Privacy Protection Act (18 U.S.C. § 2721 et seq.), and the Uniform Motor Vehicle Records Disclosure Act, compiled in chapter 25 of this title.
3. (3) A contract entered into under the authority of this subsection (f) shall be at no cost to the department except for the cost of license plates, decals, forms and administrative costs that the department would normally incur in titling and registering motor vehicles within the business entity's fleet were it not for such contract.
4. (4) A contract entered into under the authority of this subsection (f) shall, in addition to all other requirements included in the contract, require the contracting business entity to:
  1. (A) Keep all records, inventories, copies and other related paperwork that a county clerk would be required to keep if the clerk were titling and registering motor vehicles within the contracting business entity's fleet under chapters 1-6 of this title;
  2. (B) Forward to the department, no later than the tenth day of each month, copies of all applications, certificates of title, certificates of registration, completed forms, or other related documents or paperwork required by the department that have been issued, completed or processed by the contracting business entity during the prior month;
  3. (C) No later than the tenth day of each month, remit to the department all fees and other moneys related to the titling and registering of motor vehicles within the contracting business entity's fleet during the prior month that would have been required to be collected by the department or a county clerk were it not for the contract entered into under this subsection (f); and
  4. (D) Timely make all reports that the department requires, including all applicable reports that a county clerk would be required to make if the clerk were titling and registering motor vehicles within the contracting business entity's fleet under chapters 1-6 of this title.
5. (5) A delinquency in forwarding to the department any remittance, report, application, document, form or paperwork required of the contracting entity by law or by contract shall result in a penalty of five percent (5%) of the delinquent remittance, or the remittance associated with the delinquent report, application, document, form or paperwork, as the case may be, for each thirty (30) days or fraction of the thirty (30) days that the delinquency continues; provided, however, that the penalty may be waived by the commissioner upon the showing of good and reasonable cause. In no case shall the penalty provided for in this subdivision (f)(5) exceed twenty-five percent (25%) of the remittance base.
6. (6) If the department enters into a contract with a business entity under this subsection (f) and the business entity fails to strictly comply with any requirement or provision of the contract, the contract may be rescinded in its entirety and cancelled at the discretion of the commissioner; provided, however, that the effective date of the cancellation shall be thirty (30) business days after the date the department gives notice by certified mail to the contracting business entity that the contract is being rescinded and cancelled.

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55-6-104(b)(1)(A)

§ 55-3-115. Lost or damaged certificate of title — Replacement.

(a) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or a legal representative or successor in interest of the owner of the vehicle for which the same was issued, as shown by the records of the department, shall immediately make application for and obtain a replacement upon the payment of the fee provided in § 55-6-101.
(b) Upon issuance of any replacement or duplicate certificate of title, the previous certificate that was issued shall be void; provided, that any such replacement or duplicate certificate of title shall be forwarded by the department to the person as is entitled to possession of the certificate of title under § 55-3-114(d).

§ 55-3-116. Assignment of new numbers when serial or motor number obliterated or destroyed.

(a) The department shall assign a new and distinguishing number to a motor vehicle whenever the serial and/or motor number on the motor vehicle is destroyed or obliterated, which distinguishing number shall be stamped on the vehicle in a position to be determined by the commissioner.
(b) The motor vehicle shall be registered under the distinguishing number in lieu of the former number.

§ 55-3-117. Rules and regulations governing change of motors.

The commissioner is authorized to adopt and enforce reasonable rules and regulations as may be deemed necessary and compatible with the public interest with respect to the change or substitution of one (1) engine in place of another in any motor vehicle.

§ 55-3-118. Transfer of title.

(a) In order to transfer titling to any motor vehicle coming within the title provisions of chapters 1-6 of this title, the owner shall endorse an assignment and warranty of title upon the certificate of title, if in such owner's possession, for such vehicle, with a statement of all liens or encumbrances, and the owner shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle, except as provided in § 55-3-203.
(b) Any owner desiring to transfer title to any motor vehicle coming within the title provisions of chapters 1-6 of this title, whose certificate of title is being held by a lienor, may, in lieu of executing the assignment provided on the reverse side of the certificate of title, execute and deliver to the transferee a separate bill of sale which shall show the name and address of the lienor in whose possession the certificate of title is being held, and all other information as may be required by the reasonable rules and regulations of the commissioner, and which bill of sale shall be signed by the seller, whose signature shall be acknowledged before a notary public.
(c) When ownership of a motor vehicle, jointly owned by two (2) or more persons, is transferred, the signatures of all persons listed as joint owners shall be required to transfer title. Only one (1) party's signature shall be required to transfer a title to a motor vehicle if the title is registered in the name of one (1) spouse, or both where the conjunction between the names on the title is “or.”
(d) This section does not apply to transfers effected by operation of law under § 55-3-121.

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55-4-119(a)(1)

§ 55-3-119. Transferee to reregister vehicle and obtain certificate of title.

The transferee, before operating or permitting the operation of a transferred vehicle upon a highway, shall apply for and obtain a registration and apply for a certificate of title for the transferred vehicle in the manner provided in § 55-4-101, except as otherwise permitted in §§ 55-3-120 and 55-3-121.

§ 55-3-120. Transfers to or from dealers or insurance companies — Salvage title, flood title, or nonrepairable vehicle certificate.

(a) When the transferee of a vehicle is a dealer who holds the same for resale and lawfully operates the same under dealer's registration plates, the transferee shall not be required to obtain a new registration of the vehicle or be required to obtain a new certificate of title, but the transferee, upon transferring title or interest to another person, shall execute an assignment and warranty of title upon the certificate of title, if in the transferee's possession or if in the possession of a lienor, or the transferee shall execute a bill of sale and deliver the same to the person to whom the transfer is made, together with evidence of ownership.
(b)
1. (1) When the vehicle is held for resale outside of the state, this exclusion from the title and registration requirements may be waived with respect to the title provision, and the dealer shall be permitted to obtain a new certificate of title in the name of the dealership for the vehicle so held.
2. (2) Any dealer that resells more than five percent (5%) of the vehicles titled for foreign resale to residents of Tennessee during any given period of twelve (12) consecutive months shall, by so doing, forfeit the right to title vehicles without registering them.
(c) An insurance company that obtains title to a motor vehicle as a result of paying a total loss claim resulting from collision, fire, or water damage shall obtain a salvage title, flood title, or nonrepairable vehicle certificate from the department. This subsection (c) shall not apply to vehicles ten (10) years old or older with a value of one thousand five hundred dollars ($1,500) or less.
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- 55-3-206(b)
- 55-3-207

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55-3-119

§ 55-3-121. Transfer by operation of law — Special plates — Fee.

(a) Whenever the title or interest of an owner in or to a registered vehicle passes to another otherwise than by voluntary transfer, the vehicle registration shall expire and the vehicle shall not be operated upon the highways unless and until the person entitled to possession of the vehicle shall apply for and obtain the registration, with the following exceptions:
1. (1) The vehicle may be operated by the person entitled to its possession or the person's legal representative upon the highways from the point the motor vehicle comes into the person's possession to the person's place of business or to some garage or warehouse, upon displaying upon the vehicle the registration plate or plates issued to the former owner; or
2. (2) In the event title has become vested in the person holding a lien or encumbrance upon the vehicle, the person may apply to the department for and obtain special plates or temporary plates as may be issued under § 55-4-226(c)(4), and may operate any such repossessed vehicle under the special plates or temporary plates only for purposes of transporting the vehicle to a garage or warehouse or for purposes of demonstrating or selling the vehicle.
(b) Any person applying for and eligible to receive a plate pursuant to subsection (a) who desires to make a lawful use of the vehicle for a period of time in excess of seven (7) days, but not more than thirty (30) days, may be issued a plate upon payment of a fee of ten dollars ($10.00).

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§ 55-3-122. New certificate of title issued by department upon satisfaction of certain requirements.

(a) The department, upon receipt of a properly endorsed certificate of title, accompanied by the required fee, and when satisfied as to the genuineness and regularity of the transfer and of the right of the transferee to a certificate of title, shall issue a new certificate of title in the name of the new owner as upon an original application.
(b) Where the certificate of title is held by a lienor and title has been transferred by bill of sale in lieu of an assignment and warranty as provided on the reverse side of the certificate of title, the department, upon receipt of a properly executed bill of sale and the required fee and when satisfied as to the genuineness and regularity of the bill of sale and the right of the transferee to a certificate of title, shall procure the certificate of title from the lienor in whose possession it is being held for the sole purpose of transferring ownership, and the department shall then return a certificate of title to the lienor from whom it was obtained.
(c) The department, upon proper receipt of all the necessary applications, papers and information required showing title to a motor vehicle to have been transferred as provided by § 55-4-119, and upon the payment of the required fee, and when satisfied as to the genuineness and regularity of the transfer and the right of the transferee to a certificate of title, shall issue a new certificate of title in the name of the new owner as upon an original application and shall further make demand on the holder or holders of the old certificate of title to surrender the same to the department forthwith, if the certificate of title does not accompany the application.

§ 55-3-123. Liens to be noted on certificates of title — County clerk entering lien.

(a) When any new lien, other than a lien dependent solely upon possession, or a lien of the state for taxes established pursuant to title 67, chapter 1, part 14, is placed on any motor vehicle coming within the title provisions of chapters 1-6 of this title in a transaction not involving any change of ownership, the owner shall deliver the certificate of title, if in the owner's possession, on to the lienor, who shall forward the certificate of title, together with the required fee for noting the lien on the certificate of title, with proof of the lien required by the reasonable rules and regulations of the commissioner directly to the county clerk. The county clerk, when satisfied of the lienor's right to have the lien noted on the certificate of title, shall note the lien on the certificate of title and return the certificate of title to the lienor.
(b) In the event the certificate of title is in the possession of some prior lienor, the new or subordinate lienor shall forward to the county clerk the required fee for noting the lien, together with proof of the lien required by the reasonable rules and regulations of the commissioner, and the county clerk, when satisfied of the right of the lienor to have the lien noted on the certificate of title, shall forward the application and proof of lien to the department. The department shall procure the certificate of title from the lienor in whose possession it is being held, for the sole purpose of noting the new lien on the certificate of title, and shall return the certificate of title to the lienor from whom it was obtained and shall further notify the new lienor of the fact that the lien has been noted on the certificate of title.

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55-3-124(c)(1)(D)

§ 55-3-124. Assignment by person holding lien — Notation of lien — Fee.

(a) Any person holding a lien or encumbrance upon a vehicle, other than a lien dependent solely upon possession, may assign title or interest in and to the motor vehicle to a person other than the owner, without the consent and without affecting the interest of the owner, of the registration of the vehicle, but, in this event, shall give to the owner a written notice of the assignment, and deliver to the assignee an assignment of the lien, which assignment shall be signed by the assignor and, if the original certificate of title be in the assignor's possession, it shall likewise be delivered to the assignee, who shall forward the assignment, together with the certificate of title and proper fee for the notation of a lien to the county clerk, which shall note the new lien on the certificate of title in the place and stead of the lien shown in favor of the assignor and return the same to the assignee; provided, that if the original certificate of title is not in the possession of the assignor, the assignee shall forward the assignment, together with the fee for noting a lien on the certificate of title, to the county clerk, which shall procure the certificate of title from the person in whose possession it is being held for the sole purpose of noting the new lien in the place and stead of the lien in favor of the assignor, and the county clerk shall then return the certificate of title to the person from whom it was obtained and shall further notify the assignee of this lien that the lien has been noted on the certificate of title.
(b) The assignee of any lien shall be entitled to the same priority among the outstanding lienors and have all the other property rights as had formerly been held by the assignor.
(c)
1. (1)
  1. (A) Notwithstanding this section to the contrary, the assignor in a multiple vehicle lien assignment may assign the security interest or lien on the related motor vehicles to a person other than the owner, without the consent and without affecting the interest of the owner.
  2. (B) Subsection (a) shall not apply to a multiple vehicle lien assignment.
  3. (C) The assignee in a multiple vehicle lien assignment may, but need not in order to perfect the assignment or continue the perfected status of the assigned security interest or lien against creditors of and transferees from the owner, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien upon delivering to the county clerk the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the county clerk prescribes.
  4. (D) If the assignment refers to a security interest or lien that is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not in order to perfect the assignment or continue the perfected status of the assigned security interest or lien against creditors of and transferees from the owner, have the certificate of title endorsed by complying with § 55-3-123. However, any person without notice of the assignment shall be protected in dealing with the assignor, and the assignor shall remain liable for any obligations as holder of the security interest or lien until the assignee is named as the holder of the security interest or lien on the certificate of title.
2. (2) For purposes of subdivision (c)(1), unless the context otherwise requires, “multiple vehicle lien assignment” means any transaction, or series of related transactions, in which security interests or liens are assigned on more than fifty (50) motor vehicles, whether or not any or all of the motor vehicles are owned by or registered to residents of the state or covered by certificates of title issued by the state.

§ 55-3-125. Liens and encumbrances — Filing.

No conditional sales contract, chattel mortgage, or other lien or encumbrance or title retention instrument upon a registered vehicle, other than a lien dependent upon possession entered into after March 1, 1951, or a lien of the state for taxes established pursuant to title 67, chapter 1, part 14, shall be valid against the creditors of an owner or subsequent purchasers or encumbrancers, until the requirements of this section and § 55-3-126 have been complied with, unless such creditor, purchaser, or encumbrancer has actual notice of the prior lien.

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55-3-126(d)

§ 55-3-126. Constructive notice of lien upon filing request for notation — Method of giving notice — Perfection of security interest.

(a) Except as provided for manufactured homes complying with the requirements of § 55-3-128, a lien or security interest in a vehicle of the type for which a certificate is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interest and liens on the vehicle by compliance with this chapter.
(b)
1. (1) A security interest or lien is perfected by delivery to the department or the county clerk of the existing certificate of title, if any, title extension form, or manufacturer's statement of origin and an application for a certificate of title containing the name and address of the holder of a security interest or lien with vehicle description and the required fee.
2. (2) The security interest is perfected as of the date of delivery to the county clerk or the department.
3. (3)
  1. (A) Notwithstanding any other law to the contrary, a second or other junior security interest or lien in a vehicle of the type for which a certificate of title is required shall not be considered perfected unless and until the lien or security interest is physically noted on the certificate of title for the vehicle. In the case of a second or other junior lien or security interest, there shall be no constructive notice of the second or other junior lien or security interest unless that lien is physically noted on the certificate of title.
  2. (B) Nothing in subdivision (b)(3)(A) shall have any effect on perfection and constructive notice concerning first liens.
(c) When the security interest is perfected as provided for in this section, it shall constitute notice of all liens and encumbrances against the vehicle described in the security interest to creditors of the owner, to subsequent purchasers and encumbrances, except liens as may be authorized by law dependent upon possession. Constructive notice shall date from the time of first delivery of the request for the notation of the lien or encumbrance upon the certificate of title by the county clerk, as shown by its endorsements of the date of delivery on the document.
(d) The method provided in this section and § 55-3-125 of obtaining a lien or encumbrance upon a motor vehicle, mobile home, house trailer or other mobile structure, whether or not taxed as real property, subject to chapters 1-6 of this title relative to the issuance of certificates of title, shall be exclusive except as to liens depending upon possession and the lien of the state for taxes established pursuant to title 67, chapter 1, part 14; provided, that §§ 66-24-101, 66-26-101, 66-26-105 and 66-26-110, or any other sections, shall not be construed to require the deposit, filing or other record whatsoever of a chattel mortgage, deed of trust conveyance intended to operate as a mortgage, trust receipt, or other similar instrument. It is the intent of this section that any mortgage, trust receipt or other similar instrument of indebtedness required by chapters 1-6 of this title shall be perfected by delivery and then noted upon the certificate of title only, and shall not be required to be made a public record elsewhere, except as expressly provided otherwise in § 47-9-311(d).
(e) With respect to implements of husbandry and special mobile equipment, the perfection of a security interest under chapters 1-6 of this title is not effective until the lienholder has complied with applicable law that otherwise relates to the perfection of security interest in personal property, and any person who receives transfer of an interest in this equipment without knowledge of the certificate is not prejudiced by reason of its existence.
(f)
1. (1) A first lienholder or the first lienholder's designee may file an application for motor vehicle temporary lien with the secretary of state. The filing fee for each application for motor vehicle temporary lien is ten dollars ($10.00). The filing of an application for motor vehicle temporary lien shall constitute constructive notice of the lien against the motor vehicle as described to creditors of the owner, subsequent purchasers and encumbrancers, except liens as are by law dependent upon possession.
2. (2) The constructive notice shall be effective from the time of the filing of the application for motor vehicle temporary lien as authorized in this subsection (f); provided, that the filing of a lien under this section by the lienholder and the payment of the fee shall in no way relieve any person of the obligation of paying the fee now required by law for filing a lien to be evidenced on a certificate of title of a motor vehicle.
3. (3) A lien filed under this subsection (f) shall automatically terminate after one hundred eighty (180) days or upon being perfected under other provisions of this section, whichever occurs first.
4. (4) Whenever a lienholder or the lienholder's designee files a lien under this subsection (f) and later under other provisions of this subsection (f), the lien shall be presumed to be perfected at the time of the earliest filing.
5. (5) The application for motor vehicle temporary lien shall be accompanied by the required filing fee, shall be on a form designed by the secretary of state, and shall contain the following information:
  1. (A) Name and address of each debtor;
  2. (B) Name and address of the first lienholder;
  3. (C) Vehicle identification number of the motor vehicle;
  4. (D) The date the instrument creating the lien was executed;
  5. (E) The name, address and telephone number of the submitter;
  6. (F) The name and address to whom acknowledgement of filing should be sent if other than the submitter; and
  7. (G) Any other information that the secretary of state deems necessary for the administration of this part.
6. (6) Upon request of any person, the secretary of state may issue a certificate showing whether there is on file, on the date stated therein, any presently effective liens naming a particular debtor, giving the date and hour of filing of each effective lien, and the vehicle identification number and the name of the lienholder. The fee for this certificate shall be ten dollars ($10.00). Upon request, the secretary of state shall furnish a copy of any filed lien for a uniform fee of one dollar ($1.00) per page.
7. (7) The secretary of state has the power reasonably necessary to perform the duties required of the secretary of state by this subsection (f), including, without limitation, the power to promulgate necessary and appropriate rules and regulations consistent with this subsection (f), and the power to destroy any documents filed under this subsection (f) two hundred seventy (270) days after the filing of the documents.
8. (8) Notwithstanding any law to the contrary, the fees collected by the secretary of state under this subsection (f) shall be retained by the secretary of state to offset costs associated with the administration and continued improvement of the secretary of state's recordkeeping functions.
9. (9) The lienholder listed on an application for motor vehicle temporary lien may correct the application filed with the secretary of state if the application contains an incorrect statement by filing articles of correction. The application shall be corrected in a manner established by the secretary of state and on a form designed by the secretary of state. The articles of correction shall provide the registration number of the application to be corrected. The filing fee to file articles of correction shall be ten dollars ($10.00). The articles of correction are effective on the effective time and date of the application they correct except as to persons relying on the uncorrected application and adversely affected by the correction. As to those persons, the effective date is the date the articles of correction are filed.
10. (10) In addition to the fees authorized in this subsection (f), the secretary of state is authorized to charge an online transaction fee to cover costs associated with processing payments for an application for motor vehicle temporary lien, articles of correction, and certificate requests submitted online.
11. (11) An application for motor vehicle temporary lien and articles of correction shall be rejected if they contain information that the secretary of state is unable to read or decipher.
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- 10-7-504(a)(27)
- 47-9-311(a)(2)(B)
(g) The comptroller of the treasury shall, as part of the review and/or audit of the office of the secretary of state, include the implementation and impact of subsection (f) and shall report its findings and recommendations regarding subsection (f) in such review and/or audit of the office of secretary of state.

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55-3-125

§ 55-3-127. Misdemeanors enumerated — Failure to endorse or deliver certificate — Discharge lien — Report discharge of lien — Transferees — Sales and use tax — Impoundment or abandonment of vehicles — Endorsement of change in ownership on title or registration.

(a) It is a Class C misdemeanor for any person to fail or neglect to properly endorse or deliver any certificate of title to the department, a transferee, or other person lawfully entitled to the certificate of title.
(b) It is a Class C misdemeanor for any lienor, including a mortgagee or a vendor, to fail or neglect upon the discharge of the lien, mortgage or encumbrance, to properly discharge the lien in the manner provided for in this part and, if the certificate of title be in the lienor's possession, to fail to deliver the certificate to the person entitled to the certificate.
(c) It is a Class C misdemeanor for any lienor whose lien has been discharged to fail to report the discharge to the department within seventy-two (72) hours from the date of discharge by registered mail, return receipt demanded.
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- 55-3-114(c)
(d) It is a Class C misdemeanor for any transferor to fail or neglect to enter the transferee name on a properly endorsed certificate of title before delivery to the transferee.
(e) It is a Class C misdemeanor for any person to possess an executed certificate of title without the name of the transferee appearing on the certificate of title.
(f) Any person found to be in violation of subsection (d) or (e) shall be liable for the sales or use tax on the fair market value of the vehicle as is determined by reference to the most recent issue of an authoritative automotive pricing manual, such as the NADA Official Used Car Guide, Southeastern Edition, or by an appraisal by a duly licensed motor vehicle dealer in the state, plus a twenty-five percent (25%) penalty.
(g) Any person found to be in possession of a vehicle with an improperly assigned title which fails to identify the transferee must immediately establish ownership of the vehicle, register the vehicle and pay the required tax and penalty. The vehicle will be impounded by state or local law enforcement officials until the person in possession can prove ownership or until the rightful owner is located. In the event the rightful owner cannot be established within thirty (30) days, the vehicle will be deemed abandoned and will be disposed of by the commissioner of safety.
(h) Insurance companies authorized to underwrite policies on motor vehicles as a result of a paid claim are authorized to endorse change in ownership on the certificate of title or registration without obtaining a new certificate of title or registration or registering with the department for sales and use tax purposes.

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55-16-103(2)(A)

§ 55-3-128. Manufactured home affixed to real property.

(a) If a manufactured home is affixed to a parcel of real property, as provided in the affidavit of affixation, and the legal ownership of the manufactured home and real property is identical, upon the recording of the affidavit of affixation as provided in subsection (c), the owner shall surrender the certificate of the title or the manufacturer's statement or certificate of origin of the manufactured home to the department for cancellation by providing the following documentation:
1. (1)
  1. (A) The certificate of the title to the manufactured home, or each separate certificate of title if the manufactured home consists of more than one (1) unit, duly endorsed or otherwise showing the release of any lienholders noted on the certificate of title;
  2. (B) If the manufactured home is a new home not covered by a certificate of title, the manufacturer's statement or certificate of origin; or
  3. (C) If the manufactured home is not covered by a certificate of title and the owner of the manufactured home, after diligent search and inquiry, is unable to produce the original manufacturer's certificate of origin for the manufactured home, a statement to that effect in the affidavit of affixation;
2. (2) A copy of the deed or other instrument of conveyance of legal ownership to the real property to which the manufactured home has become affixed conveying a fee simple or other legal ownership interest in the subject real property and that has been certified by the office of the register of deeds of the county in which the real property is located; and
3. (3) A certified copy of an affidavit of affixation executed by all persons who have such a legal ownership interest in the manufactured home and the real property to which the manufactured home has become affixed stating that the manufactured home is affixed to the real property described in the deed or other instrument that has been duly recorded in the office of the register of deeds of the county in which the real property and manufactured home are located.
(b)
1. (1) The affidavit of affixation shall be a separate document and shall contain the following information:
  1. (A) The names of all of the legal owners of the manufactured home and real property to which the manufactured home has become affixed;
  2. (B) The year built, manufacturer's name, model name or model number, serial number, length and width of the manufactured home;
  3. (C) The physical address of the real property to which the manufactured home has become affixed;
  4. (D) The legal description of the real property to which the manufactured home has become affixed;
  5. (E) A statement that the manufactured home is to be taxed as an improvement to the real property;
  6. (F) A statement that:
    1. (i) The manufactured home is covered by a certificate of title that the owner shall surrender to the department;
    2. (ii) The manufactured home is covered by a manufacturer's statement or certificate of origin that the owner shall surrender to the department; or
    3. (iii) The manufactured home is not covered by a certificate of title and the owner of the manufactured home, after diligent search and inquiry, is unable to produce the original manufacturer's certificate of origin for the manufactured home;
  7. (G) The name and mailing addresses of any lienholders holding consensual security interests in the manufactured home or whose liens have been noted upon any certificate of title covering the manufactured home;
  8. (H) A statement that:
    1. (i) All permits required by applicable governmental authorities have been obtained;
    2. (ii) The foundation system for the manufactured home complies with all laws, rules, regulations and codes and manufacturer's specifications applicable to the manufactured home becoming a permanent structure upon the real property; and
    3. (iii) The wheels and axles have been removed;
  9. (I) A statement that the manufactured home is permanently connected to a septic or sewer system and other utilities such as electricity, water and gas;
  10. (J) A statement of the preparer of the affidavit of affixation as required by § 66-24-115 or any successor statute; and
  11. (K) Due acknowledgement of the signature of each affiant as required by title 66, chapter 22 or any successor statute.
2. (2) Any affidavit of affixation containing the information in subdivision (b)(1) shall be recorded by the appropriate county register of deeds. A copy of the affidavit shall be filed with the assessor of property in order to assist in locating and identifying the manufactured home for property tax purposes.
(c) Recordation of the affidavit of affixation containing the terms in subsection (b) shall be prima facie evidence that the manufactured home has become affixed to the real property as an improvement to real property and shall satisfy the requirements of 11 U.S.C. § 1322(b)(2), or any successor statute, to the extent the manufactured home constitutes the owner's principal residence.
(d) The affidavit of affixation required pursuant to this section shall be in substantially the following form:

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§ 55-3-129. Reissue of cancelled certificate of title to manufactured home.

If the legal owner of a manufactured home, and the real property to which the manufactured home has become affixed, desires a cancelled certificate of title to be reissued, the legal owner shall:
1. (1) Reapply for a new certificate pursuant to this chapter;
2. (2) Provide an abstract of land title showing legal ownership of the manufactured home and real property along with any mortgages recorded upon the real property;
3. (3) For every lienholder listed on the abstract of land title, provide a lien release as to the manufactured home or lienor's statement that such lien is to be recorded on the face of the certificate of title for the manufactured home; and
4. (4) Pay the required fee for the certificate of title for the manufactured home or for each component unit.

§ 55-3-130. Title to replica model custom-built car.

Title to a custom-built car for which no certificate of title has ever been issued by the division may be titled as the make, model and year of the manufactured motor vehicle that the custom-built car most closely resembles; provided, however, that the car is intended to replicate the make, model and year of the manufactured vehicle; and provided further, that the title clearly identifies the custom-built car as a replica.

Part 2 Wrecked, Damaged, Dismantled or Rebuilt Motor Vehicles

§ 55-3-201. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Automotive dismantler and recycler” means a person who engages in the business of acquiring salvage vehicles for the purpose of recovering parts for resale;
2. (2) “Flood vehicle” means any passenger motor vehicle which has sustained substantial water damage as determined by departmental rules and regulations. Disclosure that a passenger motor vehicle has become a flood vehicle shall be made at the time of transfer of ownership, and the next certificate of title issued after the transfer shall be conspicuously labeled with the word “Flood” across the front;
3. (3) “Methamphetamine vehicle” means any motor vehicle subject to registration and certificate of title provisions that has been impounded by a law enforcement agency based on a charge of manufacture of methamphetamine on or within the vehicle and determined to be contaminated pursuant to the standards developed pursuant to title 68, chapter 212, part 5, and for which the department has received a notice of motor vehicle impoundment for manufacture of methamphetamine pursuant to § 55-3-210. Disclosure that a motor vehicle has become a methamphetamine vehicle shall be made upon the department's receipt of such notice by issuance of a new certificate of title conspicuously labeled with the language “Methamphetamine Vehicle” across the front. Upon any subsequent transfer of ownership, the next certificate of title issued after the transfer shall be conspicuously labeled with the language “Methamphetamine Vehicle” across the front;
4. (4) “Nonrepairable vehicle” means any passenger motor vehicle which is incapable of safe operation for use on roads or highways and which has no resale value except as a source of parts or scrap only or which the owner irreversibly designates as a source of parts or scrap. “Nonrepairable vehicle” includes, but is not limited to, any passenger motor vehicle which has sustained salt water damage as a result of salt water entering the passenger compartment. A nonrepairable vehicle shall be issued a nonrepairable vehicle certificate and shall never again be titled or registered;
5. (5) “Nonrepairable vehicle certificate” means a passenger motor vehicle ownership document issued by the state to the owner of a nonrepairable vehicle. Ownership of the passenger motor vehicle may only be transferred two (2) times on a nonrepairable vehicle certificate. A passenger motor vehicle for which a nonrepairable vehicle certificate has been issued can never be titled or registered for use on roads or highways. A nonrepairable vehicle certificate shall be conspicuously labeled with the word “Nonrepairable” across the front;
6. (6) “Passenger motor vehicle” means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways that is ten (10) model years old or less, including a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than nine thousand pounds (9,000 lbs.) gross vehicle weight; “passenger motor vehicle” also includes a motorcycle, as defined in § 55-1-103;
7. (7) “Rebuilt title” means the passenger motor vehicle ownership document issued by the state to the owner of a rebuilt vehicle. Ownership of the passenger motor vehicle may be transferred on a rebuilt title, and a passenger motor vehicle for which a rebuilt title has been issued may be registered for use on the roads and highways. A rebuilt title shall be conspicuously labeled with the words “Rebuilt Vehicle — Anti-theft Inspections Passed” across the front;
8. (8) “Rebuilt vehicle” means any passenger motor vehicle which was previously issued a salvage title; has passed state anti-theft inspections; was issued an affidavit pursuant to § 55-3-206 that the passenger motor vehicle was rebuilt to required standards; has been issued a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections; and has a decal stating “Rebuilt Vehicle — Anti-theft Inspections Passed” affixed to the driver's door jamb;
9. (9) “Salvage pool operator” means a person who engages in the business of selling salvage vehicles at auction, including wholesale auction, or otherwise;
10. (10) “Salvage title” means a passenger motor vehicle ownership document issued by the state to the owner of a salvage vehicle. Ownership of the passenger motor vehicle may be transferred on a salvage title; however, a passenger motor vehicle for which a salvage title has been issued shall not be registered for use on the roads or highways unless it has been issued a rebuilt title. A salvage title shall be conspicuously labeled with the word “Salvage” across the front;
11. (11)
  1. (A) “Salvage vehicle” means any passenger motor vehicle which has been wrecked, destroyed, or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the passenger motor vehicle to its pre-accident condition and for legal operation on the roads or highways exceeds seventy-five percent (75%) of the retail value of the passenger motor vehicle, as set forth in a current edition of any nationally recognized compilation (to include automated databases) of retail values;
  2. (B) The value of repair parts for purposes of this subdivision (11) shall be determined by using the current published retail cost of the repair parts to be used in the repair, or in the absence of a published retail cost the reasonable and customary cost in the community where repair parts are purchased;
  3. (C) The labor cost of repairs for purposes of this subdivision (11) shall be computed by using the hourly labor rate and time allocations that are reasonable and customary in the automobile repair industry in the community where the repairs are performed;
  4. (D) “Salvage vehicle” also includes, without regard to whether such passenger motor vehicle meets the seventy-five percent (75%) threshold specified in the first sentence, any passenger motor vehicle whose owner may wish to designate as a salvage vehicle by obtaining a salvage title, without regard to the extent of the passenger motor vehicle's damage and repairs. This designation by the owner shall not impose on the insurer of the passenger motor vehicle or on an insurer processing a claim made by or on behalf of the owner of the passenger motor vehicle any obligations or liabilities; and
12. (12) “Scrap metal processor” means any person who is engaged in the business of buying nonrepairable vehicles, automotive parts, or other metallic material by weight to process this material into scrap metal for remelting purposes; which utilizes machinery and equipment for processing ferrous and nonferrous metallic scrap into prepared grades; and whose principal product is metallic scrap.

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§ 55-3-202. Owner dismantling or wrecking vehicle to return evidences of title — Rebuilt motor vehicles — Application for new certificate of title.

(a) Any owner dismantling or wrecking any registered vehicle shall immediately forward to the department the certificate of title issued to the owner for the vehicle, but may retain the certificate of registration and registration plates for the purpose of transferring the certificate of registration and registration plates to any other motor vehicle as provided in § 55-4-101.
(b) Any person, who has rebuilt a motor vehicle for which the certificate of title or other ownership documents have been surrendered and a salvage title, flood title, or nonrepairable vehicle certificate has been issued in accordance with the rules promulgated by the department, prior to the sale of the vehicle to another, shall make application to the local county clerk or directly to the department for a new certificate of title. The application for certificate of title shall be supported by the salvage title and evidence of ownership and reconstruction satisfactory to the commissioner. The person rebuilding or having a motor vehicle rebuilt may apply for a certificate of title.
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- 55-3-206(b)
- 55-3-207

§ 55-3-203. Records of motor vehicle dismantler and recycler or scrap metal processor — Requirements — Violations and penalties.

(a)
1. (1) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201, who purchases motor vehicles for parts, dismantling, or scrap, shall, notwithstanding the requirements of title 62, chapter 9, be governed by this section with respect to those purchases, and shall maintain a record for three (3) years, in the form the commissioner prescribes, of every vehicle bought, sold, dismantled, exchanged, or received by the motor vehicle dismantler and recycler or scrap metal processor.
2. (2) The purchasing motor vehicle dismantler and recycler or scrap metal processor shall also require the seller of the vehicle to provide proof of ownership by providing a properly endorsed vehicle title. The title provided shall be securely maintained for each vehicle purchased, shall become a part of the record maintained pursuant to subdivision (a)(1), and shall be cancelled by the department of revenue pursuant to subdivision (h)(2).
(b)
1. (1)
  1. (A) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler or scrap metal processor, who purchases a motor vehicle that is twelve (12) years or older solely for parts, dismantling, or scrap, may purchase the motor vehicle without seeing and obtaining the title to the vehicle if the motor vehicle dismantler and recycler or scrap metal processor does not dismantle, crush, or shred the vehicle for a period of three (3) business days, including the date of purchase, and if the following information is obtained by the buyer and maintained as a part of the record required by subdivision (a)(1):
    1. (i) The name, address, and National Motor Vehicle Title Information System (NMVTIS) identification number of the motor vehicle dismantler and recycler or scrap metal processor;
    2. (ii) The name, initials, or other identification of the individual entering the information;
    3. (iii) The date of the transaction;
    4. (iv) A description of the motor vehicle, including the make and model to the extent practicable;
    5. (v) The vehicle identification number (VIN) of the vehicle to the extent practicable;
    6. (vi) The license plate number of any vehicle transporting the motor vehicle being sold;
    7. (vii) The amount of consideration given for the vehicle;
    8. (viii) A written statement signed by the seller, and the seller's agent, if applicable:
      1. (a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle;
      2. (b) Certifying that the vehicle is not subject to any security interest or lien;
      3. (c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and
      4. (d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed;
    9. (ix) The name, address, and the right thumbprint impression of the person from whom the vehicle is being purchased. However, if taking the right thumbprint is not possible, the left thumbprint or another fingerprint impression shall suffice;
    10. (x) A photocopy or electronic scan of a valid driver license of the seller, and the seller's agent, if applicable, of the motor vehicle, or in lieu of the photocopy or scan of the valid driver license, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States. If the buyer has a copy of the seller's photo identification on file, the buyer may reference the photo identification on file without making a separate photocopy for each transaction; and
    11. (xi) Proof confirming that the motor vehicle dismantler and recycler or scrap metal processor has reported the vehicle to the department of revenue in accordance with subsection (c) within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received.
  2. (B) If the seller does not provide the motor vehicle title or provide the information prescribed in subdivision (b)(1)(A), the motor vehicle dismantler and recycler or scrap metal processor shall not complete the transaction.
2. (2) The general assembly intends by this subsection (b) to occupy and preempt the entire field of legislation related to the age of the vehicle which a motor vehicle dismantler and recycler or scrap metal processor may purchase without seeing and obtaining the title to the vehicle and the three-day waiting period prior to dismantling, crushing, or shredding the vehicle when a title is not provided to the dismantler or recycler in accordance with subdivision (b)(1)(A).
(c) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201, who purchases a vehicle for scrap or parts, shall submit to the department of revenue any information in a format as is necessary to satisfy the requirement for reporting information to the National Motor Vehicle Title Information System (NMVTIS) in accordance with rules adopted by the United States department of justice in 28 CFR 25.56, within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received. The department shall report such information to NMVTIS on behalf of the motor vehicle dismantler and recycler or scrap metal processor.
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- 55-5-108(a)(2)
(d)
1. (1) It is a Class A misdemeanor, subject to a minimum fine of one thousand dollars ($1,000), for any person to:
  1. (A) Knowingly violate this section;
  2. (B) Knowingly fail to report as required under subsection (c);
  3. (C) Falsify the statement required under subsection (b);
  4. (D) Knowingly falsify the certification required under subsection (g); or
  5. (E) Knowingly sell a vehicle which is the subject of any security interest or lien.
2. (2) Actions to impose the penalties under this subsection (d) may be brought by any local or state law enforcement agency, district attorney, or by the attorney general and reporter in any court of competent jurisdiction.
3. (3)
  1. (A) One-half (½) of the monies generated from the penalties under this subsection (d) shall be deposited in the general fund.
  2. (B) The remaining one-half (½) of the monies generated from the penalties under this subsection (d) shall be deposited:
    1. (i) In the general fund of the municipality if the suit was brought in a municipal court;
    2. (ii) In the general fund of the county if the suit was brought in the court of a county; or
    3. (iii) To the appropriate state law enforcement agency, if the suit was brought by any county, state, or municipal law enforcement agency.
4. (4) Monies generated from the penalties under this subsection (d) shall be used only for the enforcement, investigation, prosecution, and training related to violations of this section, auto thefts, or motor vehicle related crimes.
5. (5) A court of competent jurisdiction shall also order a seller under this section to make restitution to the owner or lienholder, and to the motor vehicle dismantler and recycler or scrap metal processor, for any damage or loss caused by the seller arising out of an offense committed by the seller, including attorney's fees.
(e) Any motor vehicle used to transport a motor vehicle illegally sold under this section shall be subject to seizure and forfeiture by any law enforcement officer authorized to effectuate an arrest. The seizure and forfeiture shall be conducted in accordance with the procedure set out in title 40, chapter 33, part 1.
(f) The records required to be maintained by this section shall be open to inspection by a representative of the commissioner's office or a law enforcement officer, or both, during reasonable business hours.
(g) As used in this section, “motor vehicle” or “vehicle” does not include motor vehicles or vehicles that have been reported to the NMVTIS and have been flattened, crushed, baled, or logged, such that the motor vehicle or vehicle is less than fifty percent (50%) of its original volume, is no longer the motor vehicle as described by the certificate of title, and is sold for purposes of scrap metal only. The seller of the material shall certify to the scrap metal processor purchasing the material that all vehicles crushed in this manner and included in the sale have been properly reported to the department of revenue or the NMVTIS.
(h)
1. (1) The department of revenue shall verify within twenty-four (24) hours of receipt of the information reported pursuant to subsection (c) whether or not the motor vehicle reported pursuant to subsection (c) has been reported stolen. The department of revenue may develop a method to allow a person subject to this section to verify at the time of the transaction, through the use of the internet, at no cost, that the vehicle has not been reported stolen, and that also allows for the department of revenue's response to be printed and retained by the person making the request. Within ninety (90) days of the development of such system, its use by any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201, who purchases a vehicle for scrap or parts, shall become mandatory. One (1) of the following shall apply following the department of revenue's response:
  1. (A) If the department of revenue confirms that the motor vehicle has been reported stolen, the motor vehicle dismantler and recycler or scrap metal processor shall notify the appropriate local law enforcement agency of the current location of the vehicle and the identifying information of the person selling the vehicle; or
  2. (B) If the department of revenue confirms that the motor vehicle has not been stolen, the motor vehicle dismantler and recycler or scrap metal processor may proceed with the transaction and shall not be held criminally or civilly liable if the motor vehicle later turns out to be a stolen vehicle, unless the motor vehicle dismantler and recycler or scrap metal processor had knowledge that the motor vehicle was a stolen vehicle or failed to comply with the requirements of subsection (a) or (b).
2. (2) The department of revenue shall enter a cancellation on the title record for the motor vehicle.
3. (3) If the department of revenue has not received information from a federal, state, or local department or independent source that a vehicle has been reported as stolen it will continue to check against the National Crime Information Center (NCIC) for a period of thirty (30) days. If the vehicle is not reported as stolen, any person damaged shall not have a cause of action against the department of revenue's vehicle services division.
4. (4) The department of revenue is authorized to comply with some or all of its responsibilities in this section through a contract with a United States department of justice approved third-party data consolidator, pursuant to 28 CFR Part 25.

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55-3-118(a)

§ 55-3-204. Motor vehicle dealer’s license not required for person to sell motor vehicles to automotive dismantlers and recyclers or scrap metal dealers or processors.

A motor vehicle dealer's license shall not be required for a person to sell motor vehicles to licensed automotive dismantlers and recyclers, as defined in § 55-17-102, or to registered scrap metal dealers or scrap metal processors, if:
1. (1) The motor vehicle has been designated by the seller as a nonrepairable vehicle, whether or not such vehicle has been issued a nonrepairable vehicle certificate; and
2. (2) The motor vehicle is being sold solely for recycling, dismantling, or scrap.

§ 55-3-205. Rebuilt motor vehicles — Applications for certificate of title and registration.

(a) The department is authorized to accept applications for rebuilt certificates of title that are supported by a salvage title and other evidence of reconstruction as is required, without the applicant first submitting this evidence through one (1) of the county clerks. In these instances, there shall be an additional five-dollar issuance fee charged for processing.
(b) Persons applying for both a certificate of title and registration must do so through the appropriate county clerk.

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§ 55-3-206. Rebuilt motor vehicles — Inspections — Certification.

(a) Prior to the issuance of a rebuilt certificate of title for a vehicle on which a salvage title has been issued, a representative of the department shall inspect the vehicle at a place and time to be designated by the commissioner. The person inspecting the vehicle shall certify the identity of the vehicle. The inspection shall include bills of sale, identification of source of parts used, and an affidavit by the applicant that the vehicle has been repaired in accordance with manufacturer's requirements and department rules. The commissioner, for good cause shown, may waive the inspection requirement for any given vehicle or particular class of vehicle. The commissioner, if the commissioner determines that a vehicle inspection is unsatisfactory or that the requirements of this section have not been met, shall refuse to issue a certificate of title of any kind on such motor vehicle.
(b) The commissioner, or representative of the department, shall have all powers and authority granted under § 55-5-108(a) to inspect at any time during regular business hours any vehicle for which a permit to dismantle has been issued under this section and §§ 55-3-120(c), 55-3-202(b), 55-3-205 and 55-3-207 in order to determine the source of the vehicle and parts.
(c)
1. (1) In addition to the fee required by § 55-3-205, the commissioner shall charge a reasonable fee not to exceed seventy-five dollars ($75.00) for each conversion of a vehicle salvage document to a rebuilt title in an amount calculated to cover the cost of adequate staffing and other operation costs of a program to enforce the motor vehicle title and salvage laws and anti-theft inspection of rebuilt vehicles.
2. (2) There shall be a unit established called the anti-theft unit whose primary function shall be as outlined in subdivision (c)(1).
3. (3) Notwithstanding any law to the contrary, all moneys collected pursuant to this subsection (c) shall be deposited in the state general fund and credited to a separate account for the cost of operating this program.
4. (4) Disbursements from this account shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of the program.
5. (5) None of these expenses shall be paid from any other state funds.
6. (6) Funds remaining in the account at the end of any fiscal year shall not revert to the general fund but shall remain available for expenditure in accordance with law.

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§ 55-3-207. Rebuilt motor vehicles — Vehicles reconstructed out of state.

Sections 55-3-120(c), 55-3-201, 55-3-202(b), 55-3-205, 55-3-206, and 55-3-209, apply equally to vehicles reconstructed out of state and sought to be titled in this state.

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55-3-206(b)

§ 55-3-208. Water damaged motor vehicles — Certificate of title.

There shall be a brand affixed to a certificate of title issued by the department for a motor vehicle which has sustained substantial water damage.

§ 55-3-209. Disclosure of motor vehicle's previous titling as “salvage” — Written notice to buyer.

(a) For any passenger motor vehicle, the ownership of which is transferred on or after October 1, 1996, the department shall disclose in writing on the certificate of title whenever records readily accessible to the state indicate that the passenger motor vehicle was previously issued a title that bore any word or symbol signifying that the vehicle was “salvage,” “unrebuildable,” “parts only,” “scrap,” “junk,” “nonrepairable,” “reconstructed,” “rebuilt,” or any other symbol or word of like kind, or that it has been damaged by flood.
(b)
1. (1) The department shall indicate on the face of the title or certificate for a passenger motor vehicle, as applicable, if the passenger motor vehicle is a salvage vehicle, a nonrepairable vehicle, a rebuilt vehicle, or a flood vehicle.
2. (2) Information concerning a passenger motor vehicle's status as a salvage, nonrepairable, rebuilt, or flood vehicle shall also be conveyed on any subsequent title, including a duplicate or replacement title, for the passenger motor vehicle issued by the original titling state or any other state.
3. (3) The title documents, the rebuilt anti-theft inspection certificate, the decal stating “Rebuilt Vehicle — Anti-theft Inspections Passed,” and the issuing system shall meet security standards minimizing the opportunities for fraud.
4. (4) The certificate of title shall include the passenger motor vehicle make, model, body type, year, odometer disclosure, and vehicle identification number.
5. (5) A passenger motor vehicle designated as nonrepairable shall be issued a nonrepairable vehicle certificate and shall not be retitled.
6. (6)
  1. (A) A passenger motor vehicle owner submitting a vehicle for an anti-theft inspection shall be required to provide a completed document identifying the vehicle's damage prior to being repaired, a list of replacement parts used to repair the vehicle, and proof of ownership of the replacement parts, as may be evidenced by bills of sale, invoices or, if these documents are not available, other proof of ownership for the replacement parts. The owner shall submit in writing under penalty of perjury that the information in the declaration is complete and accurate, and, to the best of the owner's knowledge, no stolen parts were used during the construction or reconstruction of the motor vehicle.
  2. (B) Any passenger motor vehicle or any major part or major replacement part required to be marked under 49 U.S.C. § 33102 of the Motor Vehicle Information and Cost Savings Act having a mark or vehicle identification number that has been illegally altered, defaced, or falsified, and that cannot be identified as having been legally obtained through bills of sale, invoices, or other ownership documentation, shall be contraband and subject to seizure.
7. (7) No duplicate or replacement title shall be issued unless the word “duplicate” is clearly marked on its face.
8. (8)
  1. (A) If an insurance company is not involved in a damage settlement involving a salvage vehicle or a nonrepairable vehicle, the passenger motor vehicle owner must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable, before the passenger motor vehicle is repaired or the ownership of the passenger motor vehicle is transferred, but in any event within thirty (30) days after the passenger motor vehicle is damaged.
  2. (B)
    1. (i) If an insurance company, pursuant to a damage settlement, acquires ownership of a passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle, nonrepairable vehicle, or flood vehicle, the insurance company either must notify the department electronically or on documents prescribed by the department for purposes of evidencing the insurance company in the ownership chain of title or, alternatively, must apply for a salvage title or nonrepairable vehicle certificate within fifteen (15) days after the title is properly assigned by the owner to the insurance company, and delivered to the insurance company with all liens released.
    2. (ii) Notwithstanding this or any other law to the contrary, if an insurance company acquires ownership of a passenger motor vehicle under the circumstances described in this subdivision (b)(8) and then sells the vehicle, then these transactions shall be exempt from sales and use tax liability to the same extent the transactions were exempt from such liability prior to October 1, 1996. If the vehicle does not meet or exceed the definition of a “salvage vehicle,” “nonrepairable vehicle” or “flood vehicle,” the insurance company is authorized to endorse change in ownership on the certificate of title as follows:
      1. (a) With regard to a motor vehicle that is sold “as is” without repairs, change in ownership may be endorsed on the certificate of title without:
        
        (1) Obtaining a new certificate of title; or
        
        (2) Registering with the department for sales and use tax purposes; and
      2. (b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply.
  3. (C) If an insurance company does not assume ownership of its insured's passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the insurance company shall:
    1. (i) Notify the insured of the insured's obligation to apply for a salvage title or nonrepairable vehicle certificate for the passenger motor vehicle and notify the department that a salvage title or nonrepairable vehicle certificate should be issued for the vehicle; or
    2. (ii) Withhold payment of the claim until the insured applies for a salvage title or nonrepairable vehicle certificate.
  4. (D) If a leased passenger motor vehicle incurs damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the lessor must apply for a salvage title or nonrepairable vehicle certificate within twenty-one (21) days after being notified by the lessee that the vehicle has been so damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle has been so damaged within thirty (30) days after the occurrence of the damage.
  5. (E) Any person acquiring ownership of a damaged passenger motor vehicle that meets the definition of a salvage or nonrepairable vehicle for which a salvage title or nonrepairable vehicle certificate has not been issued must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable. This application must be made before the vehicle is further transferred, but in any event, within thirty (30) days after ownership is acquired. This subdivision (b)(8)(E) shall not apply to a scrap metal processor that acquires a nonrepairable vehicle for the sole purpose of processing it into prepared grades of metallic scrap.
  6. (F) No nonrepairable vehicle certificate shall be issued after two (2) transfers of ownership.
  7. (G)
    1. (i) When a passenger motor vehicle has been flattened, baled, or shredded, whichever comes first, the title or nonrepairable vehicle certificate for the vehicle shall be surrendered to the state within thirty (30) days.
    2. (ii) If the second transferee on a nonrepairable vehicle certificate is unequipped to flatten, bale or shred the vehicle, this second transferee must, at the time of final disposal of the vehicle, use the services of a professional automotive recycler properly licensed by the state or a scrap metal processor who is hereby authorized to flatten, bale or shred the vehicle and to effect the surrender of the nonrepairable vehicle certificate to the state on behalf of the second transferee.
    3. (iii) Records shall be updated to indicate the destruction of this vehicle and no further ownership transactions for the vehicle will be permitted.
    4. (iv) If Tennessee is not the state of origin of the title or nonrepairable vehicle certificate, then the department shall notify the state of origin of the surrender of the title or nonrepairable vehicle certificate and of the destruction of this vehicle.
  8. (H) When a salvage title is issued, the department's records shall so note. There shall be no retitling for registration purposes or issuance of a rebuilt title for a passenger motor vehicle with a salvage title without a certificate of inspection, indicating that the vehicle has passed the required state anti-theft inspections. This item does not preclude the issuance of a new salvage title for a salvage vehicle after a transfer of ownership.
  9. (I) After a passenger motor vehicle titled with a salvaged title has passed the required anti-theft inspections, the inspection official will affix a secure decal stating “Rebuilt Vehicle — Anti-theft Inspections Passed” to the driver's door jamb of the vehicle and issue to the owner of the vehicle a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections. The decal must comply with the permanency requirements established by the department.
  10. (J) The owner of a passenger motor vehicle titled with a salvage title may obtain a rebuilt title and vehicle registration by presenting to the department the salvage title, properly assigned, if applicable, together with the certificate that the vehicle has passed the anti-theft inspections. With this proper documentation and upon request, a rebuilt title and registration shall be issued to the owner. When a rebuilt title is issued, the department's records shall so note.
9. (9) A seller of a passenger motor vehicle that becomes a flood vehicle shall, at or prior to the time of transfer of ownership, give the buyer a written notice that the vehicle is a flood vehicle. At the time of the next title application for the vehicle, disclosure of the flood status shall be provided to the state with the properly assigned title and the word “Flood” shall be conspicuously labeled across the front of the new title.
10. (10) In the case of a leased passenger motor vehicle, the lessee, within fifteen (15) days of the occurrence of the event that caused the vehicle to become a flood vehicle, shall give the lessor written disclosure that the vehicle is a flood vehicle.
(c) The department is directed to develop electronic procedures in lieu of paper documents whenever these electronic procedures provide the same information, function, and security otherwise required by this section.
(d)
1. (1) If an insurance company or a salvage pool operator or an automotive dismantler and recycler authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty (30) calendar days following the acceptance by the owner of an offer of an amount in settlement of a total loss, the insurance company or salvage pool operator or an automotive dismantler and recycler, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request must include written confirmation by the requester that the insurance company has paid the claim and that the requester has made at least two (2) written attempts via commercial delivery service with evidence of delivery to the last known address of the owner to obtain the certificate of ownership or other acceptable evidence of title and must include the fee as set by the department.
2. (2) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in subdivision (d)(1) and the fee, shall issue a lien-free salvage certificate for the vehicle.
(e) A violation of this section is a Class A misdemeanor.

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55-3-207

§ 55-3-210. Notice of motor vehicle impoundment for manufacture of methamphetamine.

(a) Any law enforcement agency that impounds a motor vehicle due to the manufacture of methamphetamine on or within the motor vehicle, determined to be contaminated pursuant to the standards developed pursuant to title 68, chapter 212, part 5, shall submit a notice of motor vehicle impoundment for manufacture of methamphetamine to the department of revenue within thirty (30) days of such impoundment.
(b) A notice in a form substantially as follows is sufficient to comply with subsection (a):
1. Notice of Motor Vehicle Impoundment for Manufacture of Methamphetamine
2. Notice is hereby given that a motor vehicle has been impounded due to a charge of manufacture of methamphetamine on or within the vehicle. Such motor vehicle was seized at the location described below on
3. (date)
4. This motor vehicle has been impounded by pursuant to
5. (name of law enforcement agency)
6. Tennessee Code Annotated, § _________________.
7. Address of Motor Vehicle Seizure:
8. _________________________________
9. Name of Motor Vehicle Owner or Owners:
10. __________________________________
11. Registered Address:
12. __________________________________
13. Apartment or Unit Number (if applicable):
14. __________________________________
15. VIN:
16. __________________________________
17. Year, Make, Model and Color:
18. __________________________________
19. Name of Person and Agency Giving Notice:
20. __________________________________
21. Signature of Person Giving Notice:
22. __________________________________
23. Title/Position:
24. __________________________________
25. Date:
26. __________________________________.

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55-3-201(3)

Chapter 4 Registration and Licensing of Motor Vehicles

Part 1 General Provisions

§ 55-4-101. Registration required before operation — Application — Issuance of registration and license plates — Rules and regulations — Temporary permit — Transfer of registration when changing vehicles — Fees — Safety rules for homemade trailers.

(a)
1. (1) As a condition precedent to the operation of any motor vehicle upon the streets or highways of this state, the motor vehicle shall be registered as provided in this chapter.
2. (2) The registration and the fees provided for registration shall constitute a privilege tax upon the operation of motor vehicles.
(b)
1. (1) The commissioner shall be, and is constituted, the registrar of motor vehicles and, except as otherwise provided in chapters 1-6 of this title, every owner of a vehicle intended to be operated in this state and required by this chapter to be registered shall, before same is operated, apply to the department for the registration of, and the registration plates for, the vehicle.
2. (2) Notwithstanding subdivision (b)(1), any regularly licensed passenger motor vehicle that is not operated for hire and is owned by a nonresident who establishes residency in this state may be operated in this state for a period not to exceed thirty (30) days from the date that residency is established.
(c) Application for registration shall be made, in the manner prescribed by the commissioner on forms provided or approved by the department, to the county clerk of the county of the owner's residence or of a county wherein the vehicle is based or is to be operated, except that a nonresident may apply directly to the department for registration. Any applicant for registration under any allowance or requirement for the apportionment of the fee shall apply to the department.
(d)
1. (1)
  1. (A) Upon finding the title to the vehicle or application for the title in order and all fees required under chapters 1-6 of this title duly tendered, the county clerk shall forward the application for registration and the proper fee to the department in the manner provided by law, and the department upon registering the vehicle shall issue or cause to be issued a registration certificate and license plate or plates to the owner; provided, that any person operating a vehicle under the terms of a bona fide lease agreement of not less than ninety (90) days' tenure may, with the written consent of the owner and other reasonable evidence of right to possession of the vehicle as the commissioner may require, apply to the department for, and be issued, registration and plate or plates thereunder.
  2. (B) The lessee-registrant shall be deemed to be the lawful holder of the registration with all rights in and to it as may be provided under this chapter for owner-registrants, except that each application requiring the owner's consent to register shall be accompanied by a fee of two dollars ($2.00) in addition to other fees required by law.
  3. (C) Any requirements in this title to the contrary notwithstanding, the commissioner is authorized to approve registrations and issue the certificates and plates thereunder, and the several county clerks are designated deputies to perform duties in connection with approving registrations and issuing certificates and plates as the commissioner may prescribe; provided, that the commissioner's authority to remove plates to a point of central distribution to the applicants for registration is limited to those issued for freight motor vehicles, other than farm trucks, in weight classes of eighteen thousand (18,000) or more pounds or for vehicles owned by nonresidents and other vehicles as may be registered under a proration program or like plan allowing the apportionment of fees; and provided further, that any clerk taking an application to be forwarded to the department shall likewise be entitled to the fee provided in § 55-6-101(a)(1).
  4. (D) The commissioner is empowered to make all rules and regulations respecting the manner in which applications shall be made and the manner in which any application and fee shall be forwarded to the department.
  5. (E) Notwithstanding any other law to the contrary, the commissioner has the authority to establish a procedure to accept electronically any and all remittances, titling and registration transactions.
2. (2) The commissioner shall not issue a registration for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.
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(e) The department, in its discretion, may grant a temporary permit to operate a vehicle for which application for registration has been made, where the application is accompanied by the proper fee pending action upon the application by the department.
(f) The registration shall be valid from the time of issuance until the date provided for the annual expiration of registration, except it shall likewise expire upon the prior transfer of any interest by operation of law or otherwise in or pertaining to the vehicles so registered; provided, that upon the registration becoming void by reason of the transfer of ownership, the owner-registrant may, upon application to the department through the county clerk by surrender of the certificate and payment of a fee of one dollar ($1.00) plus the clerk's fee, register another vehicle for the unexpired portion under the same number and be issued a new certificate properly identifying the vehicle to which the license has been transferred. If the vehicle to be registered is of a weight or classification that requires the payment of a higher fee, the applicant must surrender both the certificate and the plate or plates to the clerk, and, upon payment of the amount being the difference between the fees required for the two (2) registrations as of that date, together with the one-dollar transfer fee and the clerk's fee, be issued a new certificate of registration and appropriate plate or plates. Further, it shall be allowable for one holding a license as an individual to submit it, under this subsection (f), in application for reassignment to a vehicle which this licensee holds by the entireties with the licensee's spouse. If a vehicle is permanently withdrawn from a proportionally registered fleet and a replacement vehicle is added to the fleet in the same calendar month, the replacement vehicle shall be considered fully registered as provided in this section if the vehicle is registered for a weight equal to or less than the vehicle permanently withdrawn or if the additional registration fee, one-dollar transfer fee, and clerk's fee are paid when the replacement vehicle is registered for a weight greater than the vehicle withdrawn. If a vehicle is permanently withdrawn from a proportionally registered fleet and is not replaced by another vehicle in the same calendar month, credit shall be allowed as follows:
1. (1) The credit shall be a sum equal to the amount paid with respect to such vehicle when it was first proportionally registered in the registration year, reduced by one-twelfth (⁄) for each calendar month or fraction of the calendar month elapsing since the beginning of the registration year;
2. (2) The credit may be applied against subsequent additions to the fleet or for other additional registration fees assessed; and
3. (3) In no event shall credit be allowed for fees beyond such registration year, nor shall any such amount be subject to refund.
(g) With the approval of the registrar, a license issued for a vehicle that has been destroyed or necessarily removed from service may be transferred to a replacement vehicle in the same manner and under the same conditions provided under this allowance for the reassignment of registration.
(h)
1. (1) When the registrar has issued two (2) valid registrations for the same vehicle, title to which remains vested in the same person, the second registration being taken only for the purpose of qualifying it for operation under a lawful requirement for proration of the registration fee, a refund may be made of the unused portion of the fee paid for the first issued of the two (2) outstanding registrations, less ten dollars ($10.00). Surrender of both the first certificate of registration and the related license plate, and the submission of any other documentation as the registrar may require, is a prerequisite to the payment of the refund, that shall be proportionate to the number of full months remaining in the registration period when the second registration was taken.
2. (2) When the registrar has issued a valid registration for a vehicle to a lessee-registrant for the purpose of qualifying it for operation under a lawful requirement for proration of the registration fee, and the bona fide lease agreement pertaining to the vehicle is terminated, the lessee-registrant may transfer the license issued to a replacement vehicle in the same manner and under the same conditions provided under this allowance for the reassignment of registration, or surrender both the certificate of registration and relative license plate and any other documentation as the registrar may require to secure a refund of the unused portion of the fee paid, which shall be proportionate to the number of full months remaining in the registration period for which registration was issued; provided, that the annual license fee for the surrendered license plate is one hundred fifty dollars ($150) or more.
(i)
1. (1) The registrant may surrender the certificate and plate or plates to the department through the county clerk in an application for a registration of some other class or classification for the same vehicle and be issued a new certificate for it, together with appropriate plate or plates, upon the payment of a fee of one dollar ($1.00) and the clerk's fee, and if the new registration requires a higher fee, that amount being the difference in the fees required for the two (2) registrations as of the date of application.
2. (2) Any person registering a motor vehicle under § 55-4-113, who during the registration year exchanges the original registration for a registration in a lesser class and subsequently desires to register the vehicle in the class of the original registration or some lesser class, may do so upon the payment of a fee of one dollar ($1.00) and the clerk's fee.
3. (3) In addition to this allowance for the reregistration of the vehicle by reason of some change in its use or design, it shall likewise be permissible for a vehicle to be reregistered, in the same class under the same license number, when the owner, an individual, makes an assignment to self and spouse for the purpose of establishing tenancy to the vehicle by the entireties.
4. (4) Application under this subsection (i), an exception to the requirement for an original registration, shall be made in the manner described in subdivisions (i)(1)-(3) except the fee shall be two dollars and fifty cents ($2.50) plus the clerk's fee.
(j) The reassignment of registrations as provided in this section shall be allowable among all classifications and, in computing a reassignment fee, the value of the registration being surrendered shall be determined by establishing that amount which would be the fee required for its issuance as of the date of the application for reassignment. Any law to the contrary notwithstanding, no fee shall be charged for the transfer of registration of any motor vehicle to any person acquiring title to the motor vehicle as a result of the death of the spouse of this person if application for transfer is made within one (1) year from the date of the spouse's death.
(k) The owner of a motorized bicycle may, subject to the approval of the commissioner, apply for registration and registration plates for the motorized bicycle. The commissioner shall by regulation provide for the manner in which single applications are to be made and the conditions under which they may be allowed; however, this subsection (k) shall not be construed as granting the commissioner authority to issue registration and plates for motorized bicycles on any basis other than as is required in this chapter. Each applicant for registration under this provision shall be charged the same registration taxes imposed on Class (A) motor vehicles by § 55-4-111.
(l)
1. (1) Trailers, semitrailers and pole trailers domiciled in this state which are homemade or materially reconstructed, as defined herein, shall not be titled or registered, where required under this title, to operate over the roads and highways of this state, unless the department certifies that the trailer, semitrailer or pole trailer complies with § 65-15-111 and with any applicable safety rules and regulations promulgated by the department.
2. (2) It is unlawful to operate trailers, semitrailers and pole trailers titled or registered in accordance with this chapter that are subsequently materially reconstructed during the term of the title or registration for the trailer without certification from the department that the reconstructed trailer complies with § 65-15-111 and all applicable safety rules and regulations.
3. (3) As used is this subsection (l):
  1. (A) “Homemade” means the construction or assembly of a trailer from new or used parts, using a body or frame not originating from any previously manufactured trailer, and not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles; and
  2. (B) “Materially reconstructed” means substantial alteration or modification made to an original manufacturer's specifications. Substantial alterations or modifications shall be deemed to have occurred if the trailer has undergone a major manufacturing alteration, which has materially changed the original configuration, structure or specifications of basic components of a previously assembled or manufactured trailer.

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§ 55-4-102. Forms for certificates of registration furnished by department — Contents.

The department shall furnish to the county clerks of the various counties forms for certificates of registration, which certificates shall contain upon their face blank spaces for the following information: the date issued; the full name and bona fide residence of the owner, including the residential street address and number or route and box number, or post office box number if the applicant has no residential street address; provided, however, that a post office box shall not be sufficient to establish an individual's bona fide residence; mailing address of the owner or business address of the owner if a firm, association, or corporation; the registration plate number assigned to the vehicle; and the description of the vehicle as determined by the commissioner.

§ 55-4-103. Registration plates furnished by department — Form and contents — Size — Replacement plates — Reissue of plates — County name strip — Recycling of plates.

(a) The department shall likewise furnish to the county clerks of the various counties of the state all registration plates of all types that may be required by the county clerks in the exercise of the duties in subdivision (b)(1) imposed upon them.
(b)
1. (1) Every registration plate shall have displayed upon it, in addition to a registration number, the year in which it expires and the abbreviation of the word, “Tennessee,” and if the registration plate is issued for any type of vehicle other than a privately owned passenger vehicle not operated for hire, some symbol, or word, indicating the type vehicle for which the plate was originally issued. Registration plates shall bear individual distinctive alpha-numerical characters not to exceed a combination of seven (7) as determined by the commissioner.
2. (2) Registration plates shall be designed in such a manner as determined by the commissioner as will permit the display of validation or revalidation tabs, stickers, or other devices as provided in § 55-4-104(e), and registration plates shall also be designed in such a manner as determined by the commissioner as will permit thereon, the display of county and/or municipal wheel tax tabs, stickers, or other devices evidencing payment of wheel or road taxes enacted by the respective county and/or municipality of Tennessee, if such local government, pursuant to § 5-8-102(d)(3), requires the issuance, display and placement of such tabs, stickers, or other devices for wheel or road taxes on the registration plate.
3. (3) Wheel tax records shall be maintained by the county clerk for the same period of time as registration records prior to disposition.
4. (4) Registration plates shall also be designed in such a manner to require the display of tabs, stickers or devices on plates to be issued for a private passenger vehicle, which tabs, stickers or devices shall specify the name of the county of issue. The characters of the name of the county shall in no event be smaller than the characters of the words “Volunteer State” which now appear on registration plates. The area for the display of the county shall be below and parallel to the alpha-numerical legend as provided in subdivision (b)(1). Tabs, stickers or devices on plates shall be issued at the time of the issuance of the registration plates as required by this chapter and subsection (i) and displayed on the registration plates in a manner to be determined by the commissioner.
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  - 55-4-206(c)
5. (5)
  1. (A) An owner or lessee of a motor vehicle who is entitled under this chapter to be issued a registration plate for a private passenger vehicle pursuant to this section shall receive a registration plate upon initial registration of the vehicle that is designed in a manner to have engraved or embossed on it the national motto language “In God We Trust”, which must be located immediately above and parallel to the area for the display of the county. Registration plates for private passenger motor vehicles must be issued containing the national motto language as described in this subdivision (b)(5)(A) upon the depletion of the existing inventory being utilized by the department of revenue.
  2. (B) Notwithstanding subdivision (b)(5)(A), an owner or lessee may elect in the alternative for the issuance of a registration plate without the national motto language.
  3. (C) Prior to issuing a registration plate for a private passenger vehicle, the county clerk shall inquire of the owner or lessee which registration plate the owner or lessee would like to be issued. If no preference is indicated, then the owner or lessee shall be issued a registration plate with the national motto language by default.
  4. (D) Notwithstanding subdivision (b)(5)(A), an owner or lessee may request and be issued a replacement registration plate described in subdivision (b)(5)(A) or (B) if the owner's or lessee's existing plate:
    1. (i) Contains the national motto language and the owner or lessee is requesting a plate without the national motto language;
    2. (ii) Does not contain the national motto language and the owner or lessee is requesting a plate that contains the national motto language; or
    3. (iii) Has been lost, stolen, destroyed, mutilated, or so damaged as to be illegible.
(c) Registration plate or plates and the required numerals thereon, except the year number for which issued, shall be of sufficient size to be readable from a distance of one hundred feet (100′) during daylight.
(d) This section shall apply to and include any mobile home or house trailer.
(e) The requirement in subdivision (b)(1) for displaying the year of issue on a plate may be removed with respect to those plates issued under a registration which does not require annual renewal.
(f)
1. (1) To promote highway safety and increase visibility and legibility on registration plates, the plates shall be fully reflectorized. The commissioner has the authority to establish specifications covering reflectorization.
2. (2) In addition to the fee imposed in subdivision (f)(3) and in addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional fee of seventy-five cents (75¢) at the time of the issuance of registration plates or the renewal thereof.
3. (3) In addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional sum of one dollar ($1.00) at the time of the issuance of registration plates or the renewal thereof.
(g) When any plate becomes so mutilated or effaced as to no longer meet the requirements of the law, the holder shall apply to the department for suitable replacement. The commissioner is authorized to promulgate rules and regulations as may be necessary to provide for the replacement of lost or destroyed plates and to collect a fee of ten dollars ($10.00) for each application.
(h) Commencing January 1, 2006, and not later than each eighth anniversary thereafter, the commissioner shall cause to be reissued a new registration plate of a design as directed by the commissioner consistent with the terms, conditions and provisions of this section and this chapter. New registration plates shall not be issued prior to January 1, 2006; provided, however, that the issue of the new registration plates on January 1, 2006, and any subsequent issuance shall be deferred to a later January 1 if funds for the reissue of the registration plates are not appropriated specifically in the general appropriations act.
(i) County residents who purchase a vehicle out of their county of residence shall receive a county name strip from the county clerk of their county of residence upon proof of proper registration and payment of any county wheel tax or other applicable county fees.
(j) After January 1, 2009, every motor vehicle owner who replaces the registration plate on the owner’s motor vehicle may deposit the old, outdated or expired registration plate with the department of revenue or its agents in a manner determined by the commissioner pursuant to this subsection (j). The department of revenue shall create a program that promotes the recycling of used or outdated registration plates for the metal content in the plates. The program shall require each county facility where registration plates are issued to have a site for placing a bin or other container to collect used, outdated or expired registration plates for recycling. Each renewal notice of registration shall contain information regarding any such recycling program for registration plates. The commissioner may enter into contractual agreements with nonprofit organizations for the collection, disposal and recycling of used, expired or outdated registration plates, including the placement and maintenance of recycling bins or containers at county facilities where registration plates are issued, and the transportation of the registration plates to recycling facilities. Notwithstanding any provision of this subsection (j) to the contrary, the commissioner shall not be required to enter into an agreement or create a program pursuant to this subsection (j) that would require the department of revenue to incur, pay, or otherwise assume responsibility for the payment of, expenses associated with the collection, disposal or recycling of used, expired or outdated registration plates. However, contractual agreements may allow nonprofit organizations to retain proceeds from the collection, disposal and recycling as an incentive to participation. The county mayor shall designate a location on county property, either inside or outside of any county facility where registration plates are issued, for the placement of recycling bins or containers. Other than providing a location for a bin or container, the county shall have no responsibility for implementation of the recycling program or liability for its operation. If a contractor is not maintaining recycling facilities in a satisfactory manner on county property, the county mayor may notify the commissioner of revenue. The commissioner shall take appropriate steps to ensure that the contractor remedies the problem or terminate the agreement and find a suitable replacement.
(k) [Deleted by 2023 amendment.]
(l) Beginning January 1, 2024, or upon the depletion of the existing inventory of plates being utilized by the department of revenue, the commissioner of revenue shall ensure that registration plates issued pursuant to this section, must no longer include the language “www.tnvacation.com” and that the national motto language “In God We Trust” must be located on registration plates for private passenger vehicles immediately above and parallel to the area for the display of the county and in the same font size as the previously included language “www.tnvacation.com”. Notwithstanding this section to the contrary, registration plates in the department's existing inventory on January 1, 2024, that contain the language “www.tnvacation.com” may continue to be issued on or after that date until the existing inventory is depleted. The commissioner shall ensure that a sufficient number of registration plates without the national motto language are available to be issued for private passenger vehicles in addition to those with the language.

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§ 55-4-104. Expiration of certificates and plates — Renewal — Decals — Fees — Renewal of special plates.

(a) All certificates of registration and registration plates issued under chapters 1-6 of this title shall expire at twelve o'clock (12:00) midnight on March 31 of each year. These certificates of registration and registration plates shall be available for renewal and purchase commencing on March 1 of each year.
(b) There is excepted from application of subsection (a) all of the registration classes for private passenger motor vehicles, motorcycles registered after March 23, 1994, under Class (A) of § 55-4-111, and Class 1 registrations only of the combined farm and limited private trucks classification. The application of the provisions contained in subsection (a) do not apply to registration plates for handicapped drivers, and this subsection (b) for registration renewals at alternative intervals apply to registration plates for handicapped drivers. With respect to these motor vehicles, the commissioner shall establish a system of registration renewals at alternative intervals which will allow for the distribution of the registration workload as uniformly as is practicable throughout the calendar year. Registrations issued under the alternative method are valid for twelve (12) months, and expire on the last day of the last month of the registration period. However, during a transition period, or at any time thereafter when the commissioner shall determine that the volume of work for any given interval is unduly burdensome or costly, either registrations or renewals, or both of them, may be issued for terms of not less than six (6) nor more than eighteen (18) months; provided further, however, that if a motor vehicle or motorcycle owner attests that the owner will be absent from the state during the owner’s annual registration renewal month and all other requirements for registration have been met, then during the ninety-day period immediately preceding the annual registration renewal month, the registration may be renewed for the original registration period. The commissioner shall provide all registration plates, tabs, stickers and other required devices to county clerks at least ninety (90) days prior to each registration period to facilitate such early renewal. The fee imposed for registration of any vehicle under the alternative interval method for a period of other than twelve (12) months shall be proportionate to the annual fee fixed for the vehicle and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(c)
1. (1) For purposes of this subsection (c):
  1. (A) “Business” means any business that registers not less than fifteen thousand (15,000) vehicles annually and is engaged in the rental of motor vehicles, trucks, and trailers for periods of thirty-one (31) days or less when the vehicle is delivered to the lessee in this state;
  2. (B) “Trailers” has the same meaning as defined in § 55-1-105; and
  3. (C) “Trucks” means vehicles with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a panel or pickup body style or any freight motor vehicles with a gross weight of twenty-six thousand pounds (26,000 lbs.) or less.
2. (2) Notwithstanding subsections (a) and (b), the department may issue any business under this subsection (c) registrations that are valid for thirty-six (36) months, and expire on the last day of the last month of the registration period. With respect to vehicles registered by such business, the commissioner may establish a system of registration renewals at alternate intervals that will allow for the distribution of the registration workload as uniformly as is practicable throughout the registration period. The department shall set thirty-six-month registration fees in an amount that offsets revenue that would otherwise be generated by twelve-month registration fees.
(d)
1. (1) Notwithstanding subsection (a) to the contrary, the commissioner shall establish a system of registration and registration renewals for vehicles registered pursuant to § 55-4-113, whereby these registration and registration renewals expire one (1) year after the purchase or lease for vehicles that are purchased or leased after July 1, 1996. If registration plates are transferred to these vehicles from a vehicle previously registered pursuant to § 55-4-113, then the fee for the registration plate shall be prorated accordingly.
2. (2) Certificates of registration, registration plates and renewals of registrations and plates registered pursuant to § 55-4-113, that expire February 28, 1997, are extended until twelve o'clock (12:00) midnight on March 31, 1997. Thereafter renewals of the registration and registration plates shall be in accordance with subsection (a).
(e)
1. (1) Upon proof of the payment of all fees accruing therefor, the commissioner shall have continuing authority to revalidate motor vehicle registration plates for a period of one (1) year at a time, or one (1) or more quarters of a year, and is authorized to supply the county clerks of the several counties with tabs, stickers, or other devices, that shall be affixed to the registration plates revalidated to indicate the period for which these revalidated registration plates shall be valid. The tab, sticker, or other device for the revalidated registration plate so affixed to the registration plate shall be evidence that all state fees accruing therefor and applicable local wheel or road taxes have been paid, unless the local legislative body requires a separate tab, sticker, or other device evidencing payment of the local wheel or road tax be affixed, pursuant to § 5-8-102(d)(3).
2. (2) The commissioner shall not issue a registration renewal for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.
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1 Backlink
- 55-4-103(b)(2)
(f) Any county that ceases to have an inspection and maintenance program pursuant to § 68-201-119(b)(1) may, by action of its governing body, increase the amount of any clerk's fee imposed on any initial registration, or at the time of renewal, by an amount up to four dollars ($4.00). Of any increase up to four dollars ($4.00), the clerk shall retain one dollar ($1.00) and remit, as directed by the county governing body, the balance of any funds to the county general fund.

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§ 55-4-105. Renewal certificates and registration plates — Application — Mail order service — Issuance — Replacement of lost registrations — Locations for obtaining renewal.

(a)
1. (1) Application for renewal certificates of registration and registration plates shall be made by the owner by the surrender of the owner's old certificate of registration or other indicia thereof as the commissioner may authorize to the vehicle and the payment of the required fee for renewal registration.
2. (2) The office of county clerk may make inquiry into an owner, including, but not limited to, review of driver records for the purpose of establishing an owner's residence or address, before issuing a renewal of registration or a tab, sticker or other device as a prerequisite to payment of wheel or road taxes. Upon request of the office of the county clerk, the department shall provide a current list of the names, drivers' license numbers and addresses of drivers from the requesting county.
3. (3)
  1. (A) Any applicant who applies for registration who was a resident of the county in the previous year or years and was liable for and failed to pay the applicable wheel tax shall, for such year or years, be liable for and pay all prior years' wheel taxes prior to being issued such registration. This subdivision (a)(3)(A) shall not apply to licensed motor vehicle dealers, financial institutions or businesses and applicants engaged in the rental of motor vehicles, trucks and trailers for periods of thirty-one (31) days or less.
  2. (B) This subdivision (a)(3) shall only apply in any county having a population of not less than one hundred eighty-two thousand (182,000) nor more than one hundred eighty-two thousand one hundred (182,100), according to the 2000 federal census or any subsequent federal census.
(b) The registrar of motor vehicles, or deputy as provided by law, may receive applications for renewal certificates of registration and registration plates and issue the certificates and plates commencing on March 1 of each year.
(c) Each county clerk shall provide a mail order service for the renewal of registrations whereby registrants may apply for and receive the renewal certificates and plates or decals through the United States postal service. Except as otherwise required by law, an application for renewal by mail must be postmarked no later than twenty (20) days before the license expiration date to allow time for processing. Each county clerk may impose a fee for the service of handling mail orders of plates and decals. The amount of such fee for the service of handling mail orders of plates is five dollars ($5.00), and the amount of such fee for the service of handling mail orders of decals is two dollars ($2.00). Each county clerk may increase the fees provided in this subsection (c) in an amount not to exceed an applicable United States postal service price increase in a given year.
(d) In the event a plate or decal is lost after issuance and mailing, and before delivery to the registrant, the county clerk shall, as agent for the state, process a replacement registration at no charge upon application and affidavit from the registrant. The county clerk shall verify the registration and date of mailing.
(e)
1. (1) The holder of a valid and outstanding certificate of registration for a noncommercial vehicle shall apply for its renewal through the office of the clerk of the county of the owner's residence. The registration issued for a commercial vehicle may be renewed through the office of the clerk of the county of the owner's principal place of business within the state, or of the county of incorporation in the case of a corporate owner or of any other county in which the owner or corporate owner maintains an office or place of business. Any applicant for the renewal of a registration under which the fee is to be prorated or apportioned and any nonresident applicant for renewal shall, within the discretion of the commissioner, make application directly to the division.
2. (2) For the purposes of this subsection (e), “commercial vehicle” means any vehicle that is operated in the furtherance of any commercial enterprise; provided, that vehicles registered with Tennessee Association of Realtors new specialty earmarked license plates shall be deemed not to be commercial vehicles.
3. (3)
  1. (A) A violation of subdivision (e)(1) for the renewal of a motor vehicle license in certain locations is a Class C misdemeanor.
  2. (B) If a county wheel tax or like local fee is due and owing to local government for the use of the vehicle, the owner or operator shall, upon conviction, be punished in accordance with a Class B misdemeanor and subject to the fine only.
  3. (C) In instances of violations in which it is found that the wheel tax or local fee has been paid or is not due, the court may, in the event of a conviction, substitute, in lieu of the punishment set forth in subdivision (e)(3)(B), a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00).
(f) Notwithstanding any law to the contrary, the office of county clerk shall not be required to review the driving record of any owner before issuing a certificate of registration or a tab, sticker or other device as a prerequisite to payment of wheel or road taxes.
(g)
1. (1) If a person makes an application for a renewal certificate of registration or registration plate pursuant to this section and at the time of application owes any motor vehicle registration fee to the office of the county clerk, then the clerk may deny the application until the person makes full payment on such fee amount.
2. (2) In addition to the fee amount described in subdivision (g)(1), the clerk may charge the person a clerk's fee, which shall be equal to ten percent (10%) of the fee amount described in subdivision (g)(1); provided, that eighty percent (80%) of such clerk's fee may be retained by the county and the remaining twenty percent (20%) of such clerk's fee shall be forwarded by the clerk to the department.

§ 55-4-106. Registration indexes — Manner of keeping.

The department shall file the original of each certificate of registration received by it from the various county clerks, and shall keep a record of all these certificates of registration by registration years for a period of at least five (5) years in suitable books as follows:
1. (1) Numerically, under the registration number assigned by the county clerk issuing the certificate of registration as provided for in this part, which entry shall show, in addition to the registration number, all the information required to be set out on the face of the certificate of registration; and
2. (2) Alphabetically, under the name of the registered owner, which entry shall show, in addition to the name of the registered owner, the number of the owner's certificate of registration.

§ 55-4-107. Lost, mutilated or illegible certificates — Replacement — Fee.

In the event any certificate of registration is lost, mutilated or becomes illegible, the owner of the vehicle for which the certificate was issued, as shown by the records of the county clerk for the county where the vehicle was registered, or the owner's legal representative, shall immediately make application for and obtain a replacement certificate of registration upon the payment of the fee provided in § 55-6-104.

§ 55-4-108. Registration certificate to be carried in vehicle or on driver's person — Display — Exception.

(a) Every certificate of registration shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving, or in control of the vehicle, who shall display the certificate upon demand of any officer or employee of the department. The owner may, in order to ensure its safekeeping, provide a duplicate or facsimile of the certificate of registration to be kept in the vehicle for display by any person who may legally operate the vehicle under the owner's registration.
(b) The provision of subsection (a) requiring that a certificate of registration be carried in the vehicle to which it refers, or by the person driving the vehicle, shall not apply when the certificate of registration is used for the purpose of making application for renewal of registration or upon a transfer of the vehicle.
(c) For purposes of any vehicle operating as part of a platoon, as defined by § 55-8-101, the requirements of subsection (a) are satisfied if the certificate of registration is at all times carried in the first or lead vehicle in the platoon.
(d) For purposes of an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the certificate of registration is at all times carried in or available electronically through, the vehicle to which it refers.
(e) A violation of this section is a Class C misdemeanor.

§ 55-4-109. Number of plates — Issuance.

In registering any motor vehicle, the county clerk shall cause to be issued one (1) registration plate.

§ 55-4-110. Display of registration plates — Manner — Penalty for violation.

(a) The registration plate issued for passenger motor vehicles shall be attached on the rear of the vehicle. The registration plate issued for those trucks with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a panel or pickup body style, and also those issued for all motor homes, regardless of ton rating or body style thereof, shall be attached to the rear of the vehicle. The registration plate issued for all other trucks and truck tractors shall be attached to the front of the vehicle. All dealers' plates, as provided in § 55-4-226, and those registration plates issued for motorcycles, trailers or semitrailers shall be attached to the rear of the vehicle.
(b) Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so to prevent the plate from swinging and at a height of not less than twelve inches (12″) from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible. The mounting or placement of a trailer hitch ball in front of a registration plate shall not be considered when making a determination whether the registration plate is clearly visible. If a motorcycle is equipped with vertically mounted license plate brackets, its license plate shall be mounted vertically with the top of the license plate fastened along the right vertical edge. No tinted materials may be placed over a license plate even if the information upon the license plate is not concealed.
(c)
1. (1) Except as provided in subdivision (c)(2), for all motor vehicles that are factory-equipped to illuminate the registration plate, the registration plate shall be illuminated at all times that headlights are illuminated.
2. (2) Subdivision (c)(1) shall not apply to any antique motor vehicle as defined in § 55-4-111(b).
(d)
1. (1) As used in this subsection (d), “historic military vehicle” means a vehicle, including a trailer, that is at least twenty-five (25) years old at the time of making application for registration, was manufactured for use in any country's military forces, and is maintained to represent the vehicle's military design and markings, regardless of the vehicle's size or weight.
2. (2) An owner or operator of a historic military vehicle is not required to display the vehicle's registration plate on the vehicle in accordance with this section. In lieu of such display, the owner or operator shall maintain the vehicle's registration plate in the vehicle and produce the plate for inspection upon the request of any law enforcement officer.
(e)
1. (1) A violation of this section is a Class C misdemeanor. All proceeds from the fines imposed by this subsection (e) shall be deposited in the state general fund.
2. (2) A person charged with a violation of this section may, in lieu of appearance in court, submit a fine of ten dollars ($10.00) for a first violation, and twenty dollars ($20.00) on second and subsequent violations to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
3. (3) If the violation of this section results solely from the failure to illuminate the registration plate at all times headlights are required to be displayed, the fine set out in this subsection (e) shall be the only amount the person is assessed. No litigation tax levied pursuant to title 67, chapter 4, part 6 shall be imposed or assessed against anyone convicted of a violation of this section nor shall any clerk's fee or court costs, including, but not limited to, any statutory fees of officers, be imposed or assessed against anyone convicted of a violation of this section. Further, the lighting violation described in this subdivision (e)(3) shall be considered a nonmoving traffic violation and no points shall be added to a driver's record for such violation.

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55-4-406(a)

§ 55-4-111. Registration fees — Classification of vehicles — Registration taxes.

(a)
1. (1) In order to facilitate efficient and uniform enforcement of chapters 1-6 of this title, motor vehicles, excepting such motor vehicles as are constructed for the purpose of transporting tangible personal property or other property, and passenger motor vehicles operating for hire, are classified, and the respective registration taxes imposed are fixed as follows:
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2. (2) Notwithstanding any law to the contrary, the first one dollar ($1.00) of each registration fee imposed by subdivision (a)(1) shall be paid into the state treasury and credited to the police pay supplement fund.
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- 55-4-142
(b)
1. (1) Upon receipt of an application on a form prescribed by the commissioner, applying for registration and certifying that the motor vehicle for which registration is being applied is an “antique motor vehicle,” the commissioner may issue license plates to owners of antique motor vehicles in accordance with part 2 of this chapter. These license plates shall bear the word “ANTIQUE” in capital letters at the bottom of their plate, and a unique identifying number in the center of the plate. For the purpose of this section, “antique motor vehicle” means a motor vehicle over twenty-five (25) years old with a nonmodified engine and body that is used:
  1. (A) For participation in, or transportation to and from, club activities, exhibits, tours, parades, and similar uses as a collector's item;
  2. (B) On the highways for the purpose of selling, testing the operation of, or obtaining repairs to or maintenance on such motor vehicle; and
  3. (C) For general transportation on Saturdays, Sundays, and federal holidays.
2. (2) This registration shall be valid so long as title to the antique motor vehicle is vested in the applicant, and shall not be subject to the provisions of this chapter requiring annual registration.
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  - 5-8-102(d)(5)(D)(ii)
3. (3) Any person violating this section, or operating an antique motor vehicle for general transportation purposes on a day other than Saturday or Sunday or a federal holiday, shall forfeit the antique motor vehicle registration, shall be liable for the regular registration fee for that vehicle, and shall be barred from applying for or holding antique motor vehicle registration for five (5) years from the date of the violation.
4. (4) The owner or lessee of an antique motor vehicle may display the license plates from an era when the manufacture of such vehicle occurred instead of the current license plates; provided, that current license plates are maintained in the vehicle by the owner or lessee and produced for inspection upon the request of any law enforcement officer.
5. (5) The department shall permit owners of antique motor vehicles to register an official license plate issued by the state from an era when the manufacture of the vehicle occurred instead of registering for new license plates in accordance with part 2 of this chapter. The vintage license plate shall be displayed on the motor vehicle in accordance with this chapter.
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(c)
1. (1) There shall be no tax on trailers owned by farmers and used for agricultural purposes or hauling livestock between farm and market.
2. (2) This section shall not apply to trailers:
  1. (A) Used for the transportation of boats or drawn by an automobile or truck, unless the owner desires that the trailer be registered;
  2. (B) Used in the furtherance of a business; or
  3. (C) That are truck trailers registered under § 55-4-113.
3. (3) This section shall apply to house trailers and rented trailers as defined in this section and to any personal trailer, including a trailer used for the transportation of boats or other trailer or semitrailer drawn by an automobile or truck, that is not required to be registered but that the owner desires to be registered.
  1 Backlink
  - 55-4-214(b)(2)
(d) Each person engaged in the business of renting trailers of any description to others for a consideration may register each trailer, for a period of ten (10) years, and annually pay the registration fee; provided, that every owner of automobile utility trailers engaged in the business of leasing such trailers in interstate as well as intrastate commerce shall register with the commissioner that the person is so engaged in the business of leasing such trailers in interstate as well as intrastate commerce, and shall furnish proof to the commissioner that the person has registered in the state, a number of trailers equal to the average number of automobile utility trailers operated by this person during the preceding licensing year in and through this state. Thereafter, all such trailers properly identified as belonging to the registered person and licensed in any state, territory, province, country or the District of Columbia shall be permitted to operate in this state on an interstate and intrastate basis. For the purpose of interstate and intrastate reciprocal provisions of this chapter, the utility trailers shall be classified the same as private passenger automobiles and extended the same privileges. The burden of submitting verifiable data as to the average number of trailers operating during the preceding licensing year in and throughout this state shall be on the trailer owner. The commissioner's determination in and through the state during the preceding licensing year shall be final.
(e) Only one (1) registration plate shall be issued for trailers.
(f) For the purposes of this section, “mobile home” or “house trailer” is a trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways, or whose chassis and exterior shell are designed and constructed for use as a house trailer, but which is used instead for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or for distribution by a private carrier.

§ 55-4-112. Registration fees for private and commercial motor vehicles operating for hire and transporting passengers — Fees deemed additional to certain registration fees.

(a) The registration fees for private and commercial motor vehicles operating for hire who transport passengers shall be as follows:
1. (1) Motor vehicles with not more than seven (7) seats for passengers $ 47.13
2. (2) Motor vehicles with over seven (7) seats and not more than fifteen (15) seats for passengers $ 96.63
3. (3) Motor vehicles with over fifteen (15) seats and not more than twenty-five (25) seats for passengers $ 162.63
4. (4) Motor vehicles with over twenty-five (25) seats and not more than thirty-five (35) seats for passengers $ 245.12
5. (5) Motor vehicles with over thirty-five (35) seats for passengers $ 327.63
(b) Where any route over which a private or commercial motor vehicle operating for hire is operated is exclusively within the limits of a municipality of the state, or where the route is partially within and partially without the limits of a municipality of the state, but does not extend more than fifteen (15) miles beyond the municipal limits, or where the route is wholly within the limits of a metropolitan government created under title 7, chapter 1, the fees shall be in addition to the registration fees set out in § 55-4-111 for passenger motor vehicles, fifty-five cents (55¢) for each passenger seat, with a minimum fee of thirty-seven dollars and fifty cents ($37.50) for any single vehicle. The applicant must submit an affidavit confirming the route mileage and seating capacity of any vehicle registering under this provision.
(c) Personal buses that are not used in a trade or business shall be subject to the registration fee set out in § 55-4-111(a)(1), Class (B). All buses not subject to the registration fees set out in this section or in § 55-4-111 shall be subject to the registration fees set out in § 55-4-113(a)(2).
(d) Notwithstanding subsection (a), the registration fee for one (1) school bus owned by a person under contract with a local education agency (LEA), as defined in § 49-1-103, for the provision of transportation services pursuant to § 49-6-2101, is equal to the fee charged for a school bus owned by an LEA. This subsection (d) does not prohibit a person under contract with an LEA for the provision of transportation services from registering more than one (1) school bus. The registration fee for each additional school bus owned by a person under contract with an LEA for the provision of transportation services pursuant to § 49-6-2101, is the respective fee specified in subsection (a).

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§ 55-4-113. Registration taxes for freight motor vehicles.

(a) The registration taxes for trucks and truck tractors shall be:
1. (1) Private Carriers and Public Household Goods Carriers. Fixed load vehicles, as defined in § 55-1-117, so designated and used only for the transportation of equipment that is mounted thereon may be registered at a rate of twenty-five percent (25%) of the tax schedules set forth in subdivision (a)(2);
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  - 55-4-115(a)(10)
2. (2) Private Carriers, Public Carriers and Household Goods Carriers. Every person, firm or corporation operating, for commercial purposes, a freight motor vehicle over the roads of the state shall first register the vehicle with the department and shall pay a tax as follows, according to the indicated classes set forth in this subdivision (a)(2):
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3. (3) Combined Farm and Limited Private Trucks.
  1. (A) Motor vehicles used exclusively for the movement of farm products for the grower from the point of production to the first market, or operated as farm trucks, or as a logging and lumbering truck as defined in subdivision (a)(3)(C), or as the owner's private conveyance, transporting only tangible personal property belonging to the owner or a guest occupant, shall be classified by the commissioner and registered with the department as freight motor vehicles at the following taxes in lieu of those set out in subdivision (a)(1):
    1. Class 1 $ 39.53
    2. Class 2 56.30
    3. Class 3 128.90
    4. Class 4 160.80
    5. Class 5 207.00
    6. Class 6 237.80
    7. Class 7 262.00
    8. Class 8 317.00
    9. Class 9 363.20
    10. Class 10 420.40
    11. Class 11 561.20
  2. (B) There shall not be eligible for registration under this exception to the general licensing provisions any motor vehicles operated commercially as part of a business venture or for delivery service to customers by dairies, hatcheries, pharmacies, grocers, service stations, garages and the like; however, farm trucks used by egg farmers to transport eggs from the point of production to the first market shall be registered with the department as freight motor vehicles at taxes in subdivision (a)(3)(A) in lieu of those set out in subdivision (a)(1);
  3. (C) For purposes of this section, “logging and lumbering trucks” are those trucks used for hauling logs, pulpwood, bark, wood chips, and wood dust from the woods to the mill or for hauling lumber, bark, wood chips, and wood dust from the mill to a loading or storage place;
  4. (D) Truck tractors used exclusively to pull lowboy-type trailers on which are transported machinery that is used only for agricultural purposes, such as, but not limited to, terracing, clearing land, and building ponds, levees, ditches and/or canals; and trucks on which are mounted lime or fertilizer spreaders may register in this category under the appropriate weight class. The use of the highways by these limited use motor vehicles registered in this class is restricted to that which is incidental to the movement of the designated machinery from farm to farm and any volume and unpackaged lime and fertilizer from the distribution point to the farm;
  4 Backlinks
4. (4) Miscellaneous Classes.
  1. Well drillers as defined in § 55-1-117 $ 55.20;
5. (5) Freight trailers, semitrailers and pole trailers.
  1. (A) Freight trailers, semitrailers, and pole trailers used primarily for hauling freight and trailers used in the furtherance of a business, any trailer not required to be registered but which the owner desires to be registered, shall be registered and, in addition to the tax herein prescribed for trucks and truck tractors, there shall be imposed on vehicles so classified a registration tax of ninety-five dollars ($95.00). The certificate of registration and registration plate issued for a specific vehicle shall continue valid for the duration of the owner's interest in that vehicle;
  2. (B)(i) The provisions of § 55-4-101 to the contrary notwithstanding, no registration for trailers, semitrailers or pole trailers shall be transferred for any reason and a new registration shall be required for additional trailers;
    1. (ii) The commissioner may, in his discretion, require an owner of a freight trailer, semitrailer, or pole trailer registered in this state pursuant to subdivision (a)(5)(A) to provide written confirmation to the department as to whether or not the trailer has been destroyed, abandoned, sold, or otherwise transferred to another owner and still bears the permanent registration plate originally issued to the trailer;
    2. (iii) If such owner provides written confirmation to the department that the trailer has been destroyed, abandoned, sold, or otherwise transferred to another owner and the trailer has not been properly registered to the new owner, the commissioner shall immediately terminate the registration and plate originally assigned to the trailer under the name of the owner of record;
    3. (iv) If such owner fails to provide written confirmation within ninety (90) days of the date of the commissioner's request, the commissioner may, in the commissioner's discretion, terminate the registration and plate originally assigned to the trailer under the name of the owner of record;
    4. (v) Whenever the title to a freight trailer, semitrailer, or pole trailer registered in this state pursuant to subdivision (a)(5)(A) is destroyed, abandoned, sold, or otherwise transferred to another owner, the registration of the trailer shall expire. If the trailer is sold or otherwise transferred to a new owner, the new owner shall obtain a new registration of the trailer. Notwithstanding any law to the contrary, the department may issue to such new owner a new or existing registration plate bearing the same alpha-numerical characters as were affixed to such trailer at the time of transfer to the new owner; and
  3. (C) Implements designed for carrying and distributing fertilizer shall not be subject to the licensing requirement imposed on trailers, and when used for the transportation of fertilizer between a plant and a farm the gross weight of the implement and its cargo shall not be considered in determining the licensing requirement for the prime mover;
  2 Backlinks
  - 66-19-103(a)(1)(B)
  - 66-19-103(a)(3)
6. (6) Special Zone Licenses.
  1. (A) Class 1. It shall be permissible for any owner or operator of a freight motor vehicle that is to be operated exclusively within a zone limited to the streets of a designated municipal corporation and to the highways for a distance not to exceed fifteen (15) air miles beyond the limits of the municipality, to apply for and be issued a special municipal zone license. In counties having a metropolitan form of government, the county line shall be the limit for the operation of motor vehicles registered under this special license. The annual fee for this special license shall be four hundred ninety-three dollars ($493) for freight motor vehicles with a declared maximum gross weight not exceeding seventy-four thousand pounds (74,000 lbs.), and an annual fee of five hundred seventy dollars ($570) for freight motor vehicles with a declared maximum gross weight not exceeding eighty thousand pounds (80,000 lbs.). The annual fee for this special license for ready-mix concrete trucks shall be three hundred sixty-one dollars ($361); and
  2. (B) Class 2. It shall be permissible for any owner or operator having a freight motor vehicle that is to be operated exclusively in a given county, and the counties that adjoin it, to apply for and be issued a special county zone license. The owner must, upon application for this special license, declare the base county and attest that the vehicle is to be operated exclusively in the base county and such other counties as may adjoin it. Movements from the base county to one (1) adjoining are restricted to the delivery of freight to its final destination, or to the place of consignment, or for the purpose of bringing freight from its place of origin to a point in the base county. The annual fee for this special license shall be six hundred thirty-six dollars ($636) for freight motor vehicles with a declared maximum gross weight not exceeding seventy-four thousand pounds (74,000 lbs.), and an annual fee of seven hundred thirty-five dollars ($735) for freight motor vehicles with a declared maximum gross weight not exceeding eighty thousand pounds (80,000 lbs.). The annual fee for this special license for ready-mix concrete trucks shall be four hundred sixty dollars ($460); and
7. (7)
  1. (A) Registration being a condition precedent to vehicular use in this state, it is the intent of this section that the owner or operator of a freight motor vehicle shall pay a registration tax sufficient to allow for its operation under a declared maximum gross weight limited only by the following scale of maximum weights for its axle configuration:
    1. (i) For any single axle, the maximum allowable weight shall be twenty thousand pounds (20,000 lbs.); and
    2. (ii) For any tandem axle group, the maximum allowable weight shall be thirty-four thousand pounds (34,000 lbs.);
    1 Backlink
    
    55-4-115(a)(6)
  2. (B) When a vehicle on which the tax has not been paid is found in operation, the owner or operator shall be required to register the vehicle and, in addition to the statutory registration taxes, shall be subject to a tax assessed at the rate of ten cents (10¢) per pound on each pound of weight for which no Tennessee tax has been previously paid;
  3. (C) When a vehicle registered in some class adequate for its lawful operational weight is found in operation at a weight exceeding the limit of the license, for which the tax has been paid, the operator shall be assessed an additional tax at the rate of ten cents (10¢) per pound on each pound of weight for which no Tennessee tax has been previously paid;
  4. (D) Nonresidents operating vehicles under the provisions of a reciprocity agreement shall likewise be subject to the additional taxes provided under this subdivision (a)(7) when their vehicles are operated in excess of the licensed weight, or regardless of the licensed weight, in excess of eighty thousand pounds (80,000 lbs.);
  5. (E) When the operator of any freight motor vehicle shall fail to load it or have it loaded in a manner and at weights conforming to the axle weight limitations set forth in this subdivision (a)(7), there shall be imposed a tax assessed on the basis of ten cents (10¢) per pound on each pound of weight that exceeds the limit on an axle or group of axles. Except, with respect to vehicles being used to transport the products identified under § 55-7-203(b)(6), liability for the tax imposed by this subdivision (a)(7)(E) shall only begin to run commencing with the first pound that exceeds the total weight allowable for the number and type of its axles. On an overweight poundage of the axle weight limit imposed for the classification in which a freight motor vehicle is registered, the tax per pound of the overage shall be ten cents (10¢) per pound;
  6. (F) When any freight motor vehicle is found in operation with a gross weight in excess of the road and bridge weights posted by the commissioner of transportation pursuant to § 55-7-205, or weight that exceeds the maximum allowable under an overweight permit issued by the commissioner, the operator of a vehicle shall be assessed a tax at the rate of ten cents (10¢) per pound for each pound of excess weight;
  7. (G)
    1. (i) The provisions of this subdivision (a)(7) respecting licensing and the assessment of additional taxes for excessive weights shall apply with respect to vehicles registered under the allowance for “Special Zone Licenses”;
    2. (ii) For the first offense, any owner of a freight motor vehicle that is operated in violation of the territorial limitation of a special zone license issued pursuant to this subdivision (a)(7) shall be subject to assessment of a penalty by the department, which shall be twenty-five percent (25%) of the special zone license fee for the full year with no credit or rebate for any portion of the year in which a license is unused. All funds collected pursuant to this subdivision (a)(7)(G)(ii) shall be earmarked for the enforcement of these zone license provisions;
    3. (iii) On a second offense, occurring within the same licensing year as the first offense, in addition to the penalty specified in subdivision (a)(7)(G)(ii), any licensee whose truck is found to be in violation of the territorial limitation placed on the license shall be required to immediately reregister it under an applicable general licensing provision for a period of one (1) year following the date on which the second offense occurred;
  8. (H) All taxes imposed by this section shall be a part of the registration taxes or fees and shall be payable to the department. Upon becoming delinquent, these taxes or fees shall be subject to collection by the commissioner of revenue under title 67, chapter 1, part 14. The assessment of these taxes shall in no wise be restricted through the assessment of other taxes for some prior violation or any other condition relating to the privilege of operating the vehicle over the streets and highways of this state;
  9. (I) A motor vehicle otherwise properly registered in its class pursuant to this section shall not be in violation of the maximum gross weight for its class, including vehicle and load, if the vehicle is found to have exceeded the maximum gross weight for its class solely by the occasional towing of a fork lift or tow motor where no part of the weight of such equipment rests on the towing vehicle; and the weight of the equipment shall not be considered in determining whether the motor vehicle has exceeded its maximum gross weight, including the load thereon, and in determining the licensing requirements for the motor vehicle in such circumstances;
  10. (J)
    1. (i) When any logging truck, as defined in § 55-7-203, is found in operation with a gross weight in excess of the weights established by law, the operation of the vehicle shall not be assessed a tax if the vehicle's excess weight is less than ten percent (10%) of the vehicle's gross weight. If the weight of the vehicle is greater than ten percent (10%) in excess of the maximum applicable weight, the tax of ten cents (10¢) per pound shall be imposed on any poundage over the maximum applicable weight;
    2. (ii) If the commissioner of transportation is formally notified by an appropriate federal officer that as a result of any provision of this subdivision (a)(7)(J) that Tennessee will lose federal funds, then such provision shall be void and inoperative. A loss of federal funds as a result of any provision of this subdivision (a)(7)(J) shall render the provision void and inoperative;
  11. (K) When a freight motor vehicle is registered under subdivision (a)(3)(A), as a combined farm and limited private use truck and being operated commercially or as a commercial vehicle and is found in operation in violation of subdivision (a)(3)(A), the owner shall be subject to assessment of a penalty by the department, which shall be twenty-five percent (25%) of the commercial license fee for the full year with no credit or rebate for any portion of the year in which a license is unused;
  12. (L) The penalties provided for in subdivision (a)(7), shall be waived upon submission within thirty (30) days to the commissioner, of proof that the vehicle has been properly registered in the appropriate classification and payment of a two hundred dollar ($200) administrative fee, and no citation shall be issued for a violation of subdivision (a)(7)(C), (a)(7)(E), (a)(7)(F), or (a)(7)(J).
(b) There shall be added to all the vehicle registration taxes imposed by this section a two and one-half percent (2.5%) increase, rounding to the nearest fifty cents (50¢), which shall be designated as the department of safety's safety inspection fee pursuant to § 65-15-112. This safety inspection fee shall not apply to a vehicle registering pursuant to subdivision (a)(3). This safety inspection fee shall be collected as a part of the vehicle registration taxes required by this section, and shall not be used for any purpose other than to fund the motor vehicle safety enforcement activities of the department of safety.

§ 55-4-114. Maximum gross weight and ownership displayed on certain vehicles.

(a) The declared maximum gross weight, including motor vehicle and load, shall be painted with durable paint in letters and figures.
(b) Nothing in this section shall be construed as a grant of authority for the use on the public highways of the state of any motor vehicle that now is or may hereafter by law be prohibited from such use.
(c)
1. (1) There shall be displayed on both sides of the power unit of each freight motor vehicle the name or trade name and address of the motor carrier under whose authority the vehicle is being operated, and an identifying company number of the vehicle; provided, the requirement for an identifying number shall not apply to a carrier owning and operating one (1) vehicle.
2. (2) The display of name and number shall be in letters and figures in sharp color contrast to the background and be of a size, color, and shape that is readily legible during daylight hours, from a distance of fifty feet (50′) while the vehicle is not in motion, and the display shall be kept and maintained in a manner as to remain so legible.
3. (3) If desired, displays may be accomplished through use of a removable device so prepared and displayed as otherwise to meet the identification, legibility, and display location requirements of this subsection (c).
4. (4) Nothing in this subsection (c) shall prohibit the display of any additional information that is not inconsistent with this subsection (c).
5. (5) This subsection (c) shall not be applicable to vehicles having a licensed or actual weight of thirty-five thousand pounds (35,000 lbs.) or less and operating not for hire solely intrastate.

§ 55-4-115. “Temporary operation permits,” “trip permit” and “temporary trailer permit” defined — Issuance — Fees.

(a)
1. (1) As used in this section, “temporary operation permit” means a permit which the commissioner or the commissioner's designee is authorized to issue to an applicant desiring to operate a motor vehicle, otherwise subject to registration in Tennessee, over the streets and highways of this state for a temporary period of thirty (30) days, where it appears that the proposed operation is actually temporary in character. The fee for this issuance shall be ten dollars ($10.00). The commissioner or the commissioner's designee shall also have the authority to issue one (1) additional temporary operation permit for a period of thirty (30) days upon payment of an additional fee of ten dollars ($10.00). The commissioner or the commissioner’s designee is authorized to prescribe by regulation the method by which temporary operation permits shall be issued. In the event the permits are issued through the offices of the county clerks of the state, out of the ten-dollar issuance fee the clerks shall retain as compensation for services a fee of four dollars and fifty cents ($4.50) and shall remit the remaining five dollars and fifty cents ($5.50) to the commissioner or the commissioner’s designee.
2. (2) A temporary operation permit shall not be renewed or another permit issued to cover the operation of the same motor vehicle except upon the written authorization of the commissioner or the commissioner's designee. The commissioner or the commissioner's designee is authorized to refuse the issuance of a temporary operation permit when it appears that any owner of a motor vehicle is using the permit as a subterfuge to avoid registering the motor vehicle.
3. (3) Any person operating a motor vehicle on a temporary operation permit which has expired or in violation of the terms thereof commits a Class C misdemeanor and, in addition, shall be required to register the vehicle concerned with the department, and the arresting officer shall not permit the vehicle to leave the officer's charge or custody until the proper registration thereof has been effected.
4. (4) Any person who has properly registered a vehicle under § 55-4-113(a)(3), who shall desire to operate the vehicle within an increased gross weight class for the bona fide and actual seasonal or temporary transportation of horticultural, agricultural, dairy products or livestock, but not including manufactured products thereof, from the farm or point of production to the first market or for bringing seed, feed and fertilizer to the owner's farm may do so by obtaining a temporary operation permit for these operations.
5. (5) The permit fees for the several gross weight classes shall be as follows:
  1. 16,000 lbs. $2.75
  2. 20,000 lbs. 8.25
  3. 26,000 lbs. 11.00
  4. 32,000 lbs. 14.30
  5. 38,000 lbs. 16.50
  6. 44,000 lbs. 55.00
  7. 56,000 lbs. 71.50
  8. 66,000 lbs. 82.50
  9. 74,000 lbs. 99.00
  10. 80,000 lbs. 115.50
6. (6) Each temporary operation permit shall be issued for a period of thirty (30) consecutive calendar days and shall be renewable to the permittee for the vehicle for which it was issued upon proper application with remittance for the permit. No permit shall be issued for any vehicle with three (3) or more axles, except that such vehicle shall be properly licensed for the maximum weight class in the special licensing classification described in § 55-4-113(a)(3). No permit shall be issued for a vehicle that would allow a gross weight exceeding the axle configuration allowance established by § 55-4-113(a)(7)(A).
7. (7) Seasonal or temporary permits shall be issued by the commissioner or the commissioner's agents. The permit shall be issued on forms to be prescribed by the commissioner, and the permit shall authorize the owner to operate the motor vehicle in the weight class identified for the period of time therein prescribed; provided, that the person, owner or operator complies with all other requirements of law respecting the operation.
8. (8) Five (5) permits may be issued for a vehicle during a twelve-month period.
9. (9) If more than five (5) permits have been issued during a twelve-month period, as shown by the department's records, the commissioner shall immediately cause the vehicle for which the permits were issued to be reregistered in the highest weight class for which any permit was issued during the twelve-month period.
10. (10) Any person operating under this section and § 55-4-113(a)(3), who is found to be in violation of load limits, may not purchase a permit, but shall reregister the vehicle in violation for the weight class, as established in § 55-4-113(a)(1), in which that person is operating at the time of the violation.
11. (11)
  1. (A) In lieu of or in addition to any other permit authorized by this section, to expedite and facilitate, during the harvesting season, the harvesting and marketing of farm products produced in this state, the department is authorized to issue to a nonresident owner a thirty-day temporary registration permit for any truck, truck tractor, trailer or semitrailer to be used in the movement of the farm commodities from the place of production to market, storage or railhead, not more than seventy-five (75) miles distant from the place of production, or to be used in the movement of machinery used to harvest any of the commodities named in this section.
  2. (B) To expedite and facilitate, during the harvesting season, the harvesting and movement of farm products produced outside of Tennessee but marketed or processed in Tennessee or moved to points in Tennessee for shipment, the department is authorized to issue to a nonresident owner a thirty-day temporary registration permit for any truck, truck tractor, trailer or semitrailer to be used in the movement of the farm commodities from the point of entry into Tennessee to market, storage, processing plant or railhead not more than eighty (80) miles distant from the point of entry into Tennessee. All mileages and distances referred to in this subdivision (a)(11) are state highway mileages.
  3. (C) The department is authorized to prescribe the form of the application and the information to be furnished in the application for the temporary registration permits. If the application is granted, the department shall issue a special distinguishing insignia which must be attached to the vehicle in lieu of the regular registration plates. The special insignia shall show its expiration date. The temporary registration permit fee shall be one-twelfth (⁄) of the annual registration fee for the vehicle for which the special permit is secured.
  4. (D) The temporary permits authorized in this section shall be issued only when the vehicle for which the permit is issued is legally registered in the nonresident owner's home state or county for the current registration year; and the temporary registration permit will remain valid only so long as the home state or county registration is valid; but in any event the temporary registration permit will expire thirty (30) days from the date of issuance. No more than three (3) temporary registration permits may be issued to a nonresident owner during any one (1) vehicle registration year. A vehicle registered under the terms of this subsection (a) may not be operated after the expiration of the temporary permit, unless the nonresident owner secures a second temporary permit as provided above, or unless the nonresident owner registers the vehicle under the appropriate vehicular registration statutes, applicable to residents, for the remainder of the registration year.
  5. (E) Any person who transports any of the commodities described in this subsection (a), under a temporary permit provided for in this section, to a market, place of storage, processing plant or railhead that is a greater distance from the place of production of the commodity in this state, or the point of entry into the state than is provided for the temporary permit, or follows a route other than that prescribed by the commissioner, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200).
(b)
1. (1) As used in this section, “trip permit” means a permit that the commissioner or the commissioner's designee is authorized to issue to a person desiring to operate a freight motor vehicle over the streets and highways of this state, registered in a state, province or foreign country that imposes upon freight motor vehicles registered in this state, a tax, fee or toll for the privilege of operating the vehicles upon the highways of that state, province or foreign country, in addition to a registration fee and any tax, fee or toll imposed upon gasoline or other motor fuel purchased within that state, province or foreign country. A trip permit shall authorize one (1) trip into this state and shall become invalid either upon exiting this state or upon the expiration of seventy-two (72) hours after entry into this state, whichever occurs first. The fee for the issuance of trip permits shall be either fifteen dollars ($15.00) or a fee equivalent to and computed and applied in the same manner as the tax, fee or toll of the other state, province or foreign country so long as the tax, fee or toll imposed by the other state, province or foreign country shall remain in force. This requirement for a trip permit shall not be construed to be in lieu of the temporary operation permit provided in subsection (a). The trip permit may be issued in addition to the temporary operation permit when the latter is necessary for licensing the movement of an otherwise unlicensed vehicle. This requirement for a trip permit shall apply only with respect to freight motor vehicles having a gross weight of twenty-six thousand pounds (26,000 lbs.) or more.
2. (2) The commissioner is authorized to enter into reciprocal agreements with appropriate officials of any other state, province or foreign country wherein such commissioner may agree to and waive all or any part of the tax, fee or toll herein imposed for the issuance of a trip permit in consideration of a similar waiver by such state, province or foreign country.
(c) Any revenue generated from the increase in fees pursuant to chapter 418 of the of the Public Acts of 1985 shall be deposited in the state general fund.
(d) “Temporary trailer permit” means a permit that the commissioner is authorized to issue to an applicant desiring to operate a motor vehicle using a trailer that is not subject to registration in this state, over the streets and highways of this state for a temporary period of no more than five (5) days, where it appears that the proposed operation is actually temporary in character. The fee for this issuance shall be nine dollars ($9.00).

§ 55-4-116. Additional registration fee for electric vehicles.

(a) Beginning January 1, 2024, in addition to all other motor vehicle registration fees prescribed by law, there must be paid to the department at the time the vehicle registration is renewed an additional registration fee according to the following schedule, or in such other amount as adjusted pursuant to subsections (b) and (d):
1. (1) For all-electric vehicles:
  1. (A) On or after January 1, 2024, and prior to January 1, 2027, two hundred dollars ($200); and
  2. (B) On or after January 1, 2027, and prior to January 1, 2028, two hundred seventy-four dollars ($274);
  3. (C) On or after January 1, 2028, and each subsequent year, two hundred seventy-four dollars ($274), adjusted by an amount each year to reflect the effect of annual inflation or deflation as calculated pursuant to subsection (b).
2. (2) For hybrid electric vehicles and plug-in hybrid electric vehicles:
  1. (A) On or after January 1, 2024, and prior to January 1, 2028, one hundred dollars ($100); and
  2. (B) On or after January 1, 2028, and each subsequent year, one hundred dollars ($100), adjusted by an amount each year to reflect the effect of annual inflation or deflation as calculated pursuant to subsection (b).
(b)
1. (1) On January 1, 2028, and on January 1 of each subsequent year, for the registration fees assessed pursuant to subdivisions (a)(1)(C) and (a)(2)(B), the department shall adjust the amount of the fee to reflect the effect of annual inflation or deflation for the cost of living that consumers in this state experienced on average during the immediately preceding fiscal year, as follows:
  1. (A) If, based upon the chained consumer price index for all urban consumers rate published by the United States department of labor, bureau of labor statistics or another similar index established by the federal government for June of the previous year, the department determines that this federal index reflects the effect of inflation and deflation for the cost of living that consumers in this state experienced on average during the preceding fiscal year, and if the rate is less than three percent (3%), then the department shall adjust the amount of the fee by that rate; and
  2. (B) If, based upon the chained consumer price index for all urban consumers rate published by the United States department of labor, bureau of labor statistics or another similar index established by the federal government for June of the previous year, the department determines that this federal index reflects the effect of inflation and deflation for the cost of living that consumers in this state experienced on average during the preceding fiscal year, and the rate is equal to or more than three percent (3%), then the department shall adjust the amount of the fee by three percent (3%).
2. (2) The adjustment made pursuant to subdivision (b)(1) must be rounded up to the nearest whole dollar figure. The department shall publish each adjusted registration fee amount on its website.
(c) Notwithstanding § 55-6-107 or another law to the contrary, the proceeds of the additional registration fees established in this section must be apportioned as follows:
1. (1) Sixty-three and four-tenths percent (63.4%) to the state highway fund;
2. (2) Eleven and eight-tenths percent (11.8%) to municipalities, as defined in § 54-4-201, on the basis set out in § 54-4-203;
3. (3) Twenty-two percent (22%) to counties on the basis set out in § 54-4-103; and
4. (4) Two and eight-tenths percent (2.8%) to the general fund.
1 Backlink
- 55-6-107(a)(1)
(d)
1. (1) Notwithstanding another law to the contrary, beginning on January 1, 2027, if the federal government implements any taxes or fees on all-electric vehicles under title 26 of the United States Code and allocates those taxes or fees pursuant to chapter 98 of title 26 to the federal highway trust fund (26 U.S.C. § 9503), then the additional registration fee for all-electric vehicles assessed in subdivision (a)(1) also must be adjusted pursuant to this subsection (d) so as to account for the tax or fee assessed by the federal government.
2. (2) An adjustment in the additional registration fee pursuant to this subsection (d) becomes effective beginning January 1 of the calendar year following the implementation of the federal tax or fee on all-electric vehicles.
3. (3) The department shall adjust the additional registration fee on all-electric vehicles by subtracting the sum of federal tax or fee from the sum of the additional registration fee at the time of the adjustment.
4. (4) Notwithstanding the sum of the taxes or fees imposed by the federal government, the department's adjustment of the additional registration fee must not result in an additional registration fee for all-electric vehicles of less than two hundred dollars ($200), adjusted for inflation pursuant to subsection (b), on or after January 1, 2028.
5. (5) If the federal government elects to decrease any or all taxes or fees on all-electric vehicles imposed by title 26 of the United States Code and allocated by chapter 98 of title 26 to the federal highway trust fund after it has implemented the taxes or fees, then the additional registration fee must be increased by an amount equal to the amount of the decrease by the federal government.
(e) As used in this section:
1. (1) “All-electric vehicle”:
  1. (A) Means a passenger or commercial motor vehicle with an electric motor as its sole means of propulsion; and
  2. (B) Does not include a low speed vehicle or a medium speed vehicle;
2. (2) “Hybrid electric vehicle”:
  1. (A) Means a vehicle that is primarily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current and also operates on, or is capable of operating on, a nonelectrical source of power; and
  2. (B) Does not include a low speed vehicle or a medium speed vehicle; and
3. (3) “Plug-in hybrid electric vehicle”:
  1. (A) Means a vehicle that can use batteries to power an electric motor and use another fuel, such as gasoline or diesel, to power an internal combustion engine or other propulsion source, and that may use electricity from the grid to run the vehicle some or all of the time; and
  2. (B) Does not include a low speed vehicle or a medium speed vehicle.

§ 55-4-117. Registration fees for dealers, manufacturers and transporters — Dealer plates for use on trucks — Lost plates.

(a)
1. (1) Any manufacturer, transporter or dealer may make application to the department for a certificate containing a general distinguishing number and for one (1) or more special plates, as are provided for in § 55-4-226. The fee for the master plate shall be at the rate of twice the amount of the annual registration fee for a passenger motor vehicle as prescribed in § 55-4-111, and the charge for additional plates shall be at a rate equal in amount to the annual fee for passenger motor vehicles.
2. (2) Each dealership shall be limited to two hundred twenty-five (225) dealer plates. The fee to replace lost plates shall be the same rate as provided for obtaining the plate initially issued. The fee to replace a mutilated or defaced plate shall be the same as the fee for replacing any other plate; provided, that the mutilated or defaced plate is surrendered to the clerk.
(b)
1. (1) Any dealer engaged in the sale of trucks at retail may make application to the department for a certificate for special dealer plates for use on trucks being operated for demonstration purposes or loaned temporarily to a prospective customer to be tested under load conditions over the highways of the state. The fee for the registration plates shall be at the rate of three hundred fifty-seven dollars and fifty cents ($357.50) per set for the licensing year. No dealer shall purchase more than seven (7) sets of the special plates in any one (1) year. The fee for a plate to replace any lost plate authorized in this section shall be the same as provided for the plate initially issued, and the replacement fee for a mutilated or defaced plate shall be one dollar ($1.00); provided, that this mutilated or defaced plate is surrendered to the clerk. These special registration plates shall contain some wording, marking or coloring so as to be readily distinguishable from all other registration plates issued by the state, and shall not be required to bear county numerical prefixes.
2. (2) No truck dealer shall permit special registration plates to be used by any person except one who is a prospective purchaser of the truck or an employee of the dealer. A truck dealer may authorize by contract a nonprofit organization whose sole purpose is to distribute food to the needy to use one (1) of its trucks with special registration plates to transport food from the location of a wholesale grocery distributor to the nonprofit organization's own place of operation. While the purchaser in using the truck for a reasonable time may operate the truck in the normal course of business, it is unlawful for the dealer to charge, receive or collect any rental fee or other consideration from or on behalf of the prospective customer for the use of the truck for the time it shall be operated with the special registration plates. Any violation of this subdivision (b)(2) constitutes grounds for the revocation of all the special registration plates issued to or owned by the dealer.
3. (3) The county clerk shall be entitled to a fee of two dollars ($2.00) for issuing each plate; provided, that the clerk shall only be entitled to receive a maximum of ten dollars ($10.00) a day from any one (1) dealer.

§ 55-4-118. Transfer of registered vehicle by owner — Death of owner.

(a) Whenever the owner of a registered vehicle transfers or assigns the owner's title or interest to the vehicle, the registration of the vehicle shall expire.
(b) The owner shall remove the registration plate or plates from the vehicle and may have the plates assigned to another vehicle, as provided in § 55-4-101, except upon the death of the owner of a registered vehicle, the registration shall remain in effect until the end of the license year unless the ownership passes or is transferred to a person other than the surviving spouse before the end of that year.

§ 55-4-119. Transfer by operation of law.

(a) Upon any transfer of title or interest of an owner in or to a registered vehicle to another otherwise than by voluntary transfer, the new owner may secure a new registration and certificate of title upon the payment of all proper fees by any one (1) of the following methods:
1. (1) By proper application and upon presentation of either the last certificate of title, or a bill of sale properly endorsed by the former owner and duly assigned to the new owner, as provided in §§ 55-3-118 and 55-4-101;
2. (2) Where the motor vehicle has been advertised and sold under any conditional sales contract, or other lien which shall be noted on the then outstanding certificate of title without the necessity of judicial proceedings, a new certificate of title and registration may be obtained by the new owner upon an application therefor regularly filed, accompanied by an affidavit made by the lienor, stating that the motor vehicle has been repossessed and sold under and by virtue of the terms of the lien and the law applicable thereto, together with the outstanding certificate of title, if available, and any other additional information as may be reasonably required by the commissioner;
3. (3) Where the motor vehicle has been sold under and by virtue of an order of any court, or by virtue of an execution duly issued by any court or its clerk, the new owner will be entitled to a certificate of title and registration thereof upon an application therefor, being duly filed together with a certified copy of the court order or execution, showing the return thereon, an affidavit of the person who shall actually sell the motor vehicle by virtue of the court order or execution that the sale has been conducted in a legal and proper manner and in accordance with the terms of the lien contract, and if sold under a lien, noted on the certificate of title, together with the certificate of title, if available, and such other information as may be reasonably required by the commissioner; or
4. (4) By any other means as may be provided for by the reasonable rules and regulations of the commissioner.
(b) No title transferred by virtue of any of the means set out in subsection (a) shall pass better or greater title to the purchaser than could have been conveyed and assigned by the certificated title holder when joined in the transfer or assignment by the lienor at whose instance the motor vehicle is being sold, if being sold for the satisfaction of a lien noted on the certificate of title, to an innocent purchaser for value.
(c) Where the holder or owner of a conditional sales contract has possession of the then outstanding certificate of title and becomes the purchaser of the motor vehicle at such sale and holds the vehicle for resale and operates the same under special plates as may be issued under § 55-4-226, to dealers for purposes of demonstrating or selling the vehicle, the purchaser at the sale shall not be required to obtain a new registration of the vehicle or be required to obtain a new certificate of title, but upon transferring interest or title to another person shall execute an affidavit stating that the motor vehicle has been repossessed and sold under and by virtue of the terms of the conditional sales contract and the law applicable to the conditional sales contract and that this person became the purchaser of the motor vehicle, and the affidavit and the then outstanding certificate of title shall be delivered to the person as the new owner, and the new owner may secure a new registration and certificate of title.
(d) Where no certificate of title has been issued by the state or by any other state in connection with any such motor vehicle as may be sold or otherwise disposed of as provided in subdivision (a)(2), and where the lienor is a financial institution authorized to do business in the state and subject to supervision by the commissioner of commerce and insurance, the commissioner of financial institutions, or the comptroller of the currency of the United States, then the commissioner shall accept, in lieu of a certificate of title and in lieu of the affidavit specified in subdivision (a)(2), the following:
1. (1) An affidavit made by the lienor setting forth:
  1. (A) The name and last known address of the former owner;
  2. (B) That no certificate of title has been issued in connection with the motor vehicle, to the best of lienor's information and belief;
  3. (C) That the lien instrument held by lienor evidences a valid and enforceable lien in the lienor's favor;
  4. (D) That the motor vehicle was repossessed and sold under and by virtue of the terms of the lien and the law applicable thereto;
  5. (E) The balance owing which is secured by the lien; and
  6. (F) The exhibit of a true copy of the lien instrument, together with any assignment thereof if applicable; and
2. (2) A bond executed by the lienor, without sureties, in a penal sum equal to the value of the motor vehicle, payable to the state of Tennessee, and conditioned to hold the state harmless from any liability or damages which might arise in connection with the issuance of a new registration and certificate of title. For purposes of this subdivision (d)(2), it shall be presumed, in the absence of a contrary showing, that the value of the motor vehicle is equal to the balance owing which is secured by the lien instrument. Where the affidavit and bond specified in this subdivision (d)(2) are filed by a lienor, that lienor shall pay to the department, in addition to all other fees which may be required, a fee of five dollars ($5.00).

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55-3-122(c)

§ 55-4-120. Limited exemption of nonresident owners from registration — Registration required when transporting for hire.

(a)
1. (1)
  1. (A) A nonresident owner of any regularly licensed passenger motor vehicle not operated for hire registered in any state or territory of the United States, Canada or Mexico may have the privilege of operating upon the public roads of this state for a period of thirty (30) consecutive days, plus such additional period of time as a resident of Tennessee would be permitted to operate passenger vehicles not for hire over the highways of the state of the nonresident.
  2. (B) In the event the commissioner finds that another state has failed to extend the benefits of reciprocity to a resident of this state for a period of more than thirty (30) days, the commissioner is authorized to deny the privileges of reciprocity to vehicles registered in the other state for any period of time in excess of thirty (30) days.
  3. (C) An owner or operator who operates in this state shall not be entitled to reciprocity for a period in excess of thirty (30) days; provided, that any personnel of the army, navy, marine corps or air force stationed in this state, whose motor vehicle is properly registered in that person's state of domicile, will not be required to reregister the vehicle in this state.
  4. (D) A nonresident owner of a foreign licensed private passenger automobile, or a pickup or panel truck, who operates the vehicle in this state solely as a means of transportation to and from a place of temporary employment shall be permitted to operate it without titling and paying registration fees and taxes in this state to the same extent as a resident of Tennessee, under similar circumstances, would be permitted to operate a like vehicle over the highways of the state of the residence of the nonresident pursuant to a reciprocity agreement.
2. (2) A nonresident owner of any regular licensed or unlicensed mobile home or house trailer may have the privilege of occupying the mobile home or house trailer and traveling upon the public roads of this state for a period of sixty (60) consecutive days without the necessity of having to register the mobile home or house trailer in this state. If any such person remains in the state for any period of time in excess of sixty (60) consecutive days, the person will be required to register the mobile home or house trailer in the state.
(b) A nonresident owner, having a valid foreign certificate of title and/or certificate of registration for a foreign vehicle, which is operated within this state for the transportation of persons or property for compensation, or for the transportation of merchandise, shall register and obtain a Tennessee certificate of registration for the vehicle and pay the same fees as are required with reference to like vehicles owned by residents of this state, but shall not be required to surrender the foreign certificate of title, certificate of registration, or registration plate or plates, except during the pendency of the application, for a Tennessee certificate of registration, if the vehicle is to continue to remain registered in a foreign state as well as in this state; provided, that the nonresident owner of a foreign vehicle operated within the state for the transportation of persons or property for compensation or for the transportation of merchandise shall be permitted to operate the vehicle over the highways of this state without obtaining a certificate of registration or registration plate or plates or paying registration fees, to the same extent and for the same period of time as a resident of this state under similar circumstances would be permitted to operate a vehicle over the highways of the state of the residence of the nonresident by reciprocity agreement.
(c)
1. (1) Every nonresident, including any foreign corporation carrying on business within this state and owning and regularly operating in such business any motor vehicle, within this state, shall be required to register and procure a Tennessee certificate of registration and registration plate or plates for each such vehicle and pay the same fees therefor as are required with reference to like vehicles owned by residents of this state.
2. (2) Nothing in this section shall be construed to affect, change or restrict the authority of the commissioner to enter into reciprocal agreements with other states in accordance with § 55-4-121.

§ 55-4-121. Reciprocal agreements concerning nonresidents.

(a) The commissioner is authorized to enter into reciprocal agreements with proper officials of other states under which agreements motor vehicles of nonresident owners properly licensed and bearing license tags or plates of those states may be operated over the highways of this state, and without being registered or licensed in the state; provided, that this section shall not warrant the commissioner in entering into any agreement with the officials of any other state that does not grant like privileges to citizens of Tennessee operating motor vehicles in that state or states.
(b)
1. (1) The commissioner may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or combined interstate and intrastate commerce. The apportionment may be made on a basis commensurate with and determined on the miles traveled on and use made of the highways of this state as compared with the miles traveled on and use made of other jurisdictions' highways or any other equitable basis of apportionment. The commissioner may require that any remittance for proportional registration of commercial vehicles, pursuant to the agreements, be in the form of cash, cashier's check, certified check, or money order, and that any other remittance will be rejected and returned. The commissioner may adopt and promulgate rules and regulations as shall be necessary to effectuate and administer the provisions contained in this section.
2. (2) The commissioner is further authorized to establish a system of registration renewals for these vehicles at alternative intervals during the calendar year that will allow for the distribution of the registration workload as uniformly as practicable throughout the year. This registration renewal system shall be established by rules promulgated by the commissioner pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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§ 55-4-122. Interstate carriers — Registration costs — Regulations — Special handling fee.

(a) The commissioner is authorized and directed to apportion the costs of registration plates, as provided in §§ 55-4-111 and 55-4-112, to interstate motor carriers of passengers operating a fleet of two (2) or more vehicles under the authority of the interstate commerce commission, so that the total cost of such registration bears the same proportion to the registration costs provided in §§ 55-4-111 and 55-4-112 as the total number of miles operated in Tennessee by the fleet of the carrier registered in Tennessee during the preceding year bears to the total number of miles operated by the fleet during that year.
(b) The commissioner is authorized to promulgate rules and regulations as may be necessary to effectuate this apportionment.
(c) In addition to the costs of registration plates provided for in subsection (a), there shall be levied a special handling fee of four dollars ($4.00) on each vehicle registered within the state which is principally operated outside of this state and which is owned by a business entity, commercial enterprise or corporation which has its principal place of business outside of this state. All funds derived from the proceeds of this subsection (c) are directed to the county general fund and credited as fees collected by the county clerk.

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55-12-207(b)(1)

§ 55-4-123. Rental trucks and truck tractors — Registration — Special handling fee.

(a) As used in this section, “rental” means the delivery of possession within this state for a unit for consideration for a period of less than thirty (30) days.
(b) Owners of fleets of rental trucks and truck tractors may designate to the commissioner for allocation their respective rental fleets. Each such designation shall disclose the number of units in the owner's rental fleet. Each owner of a fleet of rental trucks and truck tractors so designated to the commissioner shall register in this state a proportional part of the owner's rental fleet, which proportional part shall be determined by dividing the mileage of all units in the designated fleet driven in this state during the year ending on the preceding August 31, by the total mileage of all units in the designated fleet during the same period.
(c) No such fleet of trucks shall include less than five (5) units, and these fleets shall include only units maintained solely for rental purposes.
(d) The commissioner may promulgate reasonable rules for the furnishing of data by owners of rental fleets respecting the units which constitute each rental fleet, the number of miles traveled in this state by units of each fleet, and the total mileage of all units in each designated fleet, in order to determine proper allocation of each rental fleet for registration in this state.
(e) After the owner of a fleet of rental trucks has registered in this state, the number of units in the fleet that the commissioner has allocated for registration in this state according to this chapter, all units properly identified as belonging to the owner, and that shall be part of the owner's designated rental fleet, licensed in any state, territory, province, county, or the District of Columbia, shall be permitted to operate in this state on an interstate or an intrastate basis.
(f) In addition to the costs of registration plates provided for in this section, there shall be levied a special handling fee of four dollars ($4.00) on each unit in the owner's rental fleet registered within the state that is principally operated outside of this state and that is owned by a business entity, commercial enterprise or corporation that has its principal place of business outside of this state. All funds derived from the proceeds of this subsection (f) are directed to the county general fund and credited as fees collected by the county clerk.

§ 55-4-124. Registration of vehicles hauling certain materials.

(a) Any vehicle, freight motor vehicle, truck-tractor, trailer or semitrailer or combinations of these vehicles that transports crushed stone, fill dirt and rock, soil, bulk sand, coal, clay, shale, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, ferrous and non-ferrous scrap metal, agricultural lime, liquid fertilizer, solid waste, coal ash and agricultural products shall be permitted to register as follows:
1. (1) The vehicles hauling such products in a single unit motor vehicle having four (4) axles and designed to unload itself, with a gross weight not exceeding seventy-four thousand pounds (74,000 lbs.) including the load thereon, shall be permitted to register as a Class 10 vehicle, or purchase the appropriate special zone tag; and
2. (2) The vehicles hauling such products in a single unit motor vehicle having three (3) axles and designed to unload itself, with a gross weight not exceeding sixty-six thousand pounds (66,000 lbs.) including the load thereon, shall be permitted to register as a Class 9 vehicle, or purchase the appropriate special zone tag.
(b) If the commissioner of transportation is formally notified by an appropriate federal official that, as a result of any provision of this section, the state will lose federal funds, then the provision shall be void and inoperative.
(c) Nothing contained in this section shall be construed as authorizing these vehicles to use that portion of the state highway system designated as the interstate system.

§ 55-4-125. Implementation of passenger motor vehicle registration or wheel tax incentive for participation in college savings plans.

(a) The department shall assist the board of trustees of the college savings trust fund program in the implementation of a passenger motor vehicle registration or wheel tax incentive established under § 49-7-805(4) that shall include, but not be limited to, college savings plan incentive inserts in the department's motor vehicle registration notifications, providing college savings plan incentives information with any website renewal, sending other notifications about college savings incentives by electronic means, and providing information about college savings incentives through any other web-based means.
(b) For any insert included in the mailing of renewal notices that causes the total postal weight to be over one ounce (1 oz.) as permitted by the United States postal service, the board of trustees of the college savings trust fund program shall pay the increased cost of mailing.

§ 55-4-126. Permit fees designated for highway maintenance — Effect of loss of federal funds.

(a) All revenue received as a result of any permit fee provided for by § 55-7-205(h)(5) shall be earmarked for highway maintenance.
(b) A loss of federal funds as a result of any provision of chapter 953 of the Public Acts of 1982 shall render the provision void and inoperative.

§ 55-4-127. Exemptions for volunteer first aid or rescue squad vehicles.

(a) No person shall be required to obtain an annual registration certificate and license plates or to pay the fee prescribed therefor pursuant to this chapter for vehicles owned or used exclusively by volunteer lifesaving or first-aid crews or rescue squads; provided, that:
1. (1) The vehicle is used exclusively as a lifesaving, rescue, or first-aid vehicle and is not rented, leased or loaned to any private individual, firm or corporation;
2. (2) No charges are made by the organization for the use of the vehicles; and
3. (3) The organization is chartered by the state as a volunteer, nonprofit organization.
(b) The equipment must be painted a distinguishing color and conspicuously display in letters and figures, not less than three inches (3″) in height, the identity of the volunteer lifesaving or first-aid crew or rescue squad having control of its operation; provided, that the equipment be used exclusively for lifesaving, first-aid, or rescue activities.
(c) Before the equipment may be operated upon the highways of this state without license plates, there must be filed with the department a certification by the county clerk of the county in which the equipment is based, certifying a description of the equipment and the name of the lifesaving or first-aid crew, or rescue squad.
(d) “Rescue squad,” as used in this section, means only those persons or organizations who are members of the Tennessee Association of Rescue Squads, except that in counties having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, “rescue squad” includes persons and organizations which meet the requirements of this section but who are not members of the Tennessee Association of Rescue Squads.

§ 55-4-128. Emissions test grace period — Waiver.

(a) The owner of any motor vehicle who resides in any county in which the issuance or renewal of the certificate of registration, or any registration plates issued pursuant to chapters 1-6 of this title, or a city or county vehicle inspection sticker, for a motor vehicle depends upon the successful completion of a motor vehicle emissions test, shall be:
1. (1) Given a grace period of thirty (30) days from the date fixed for issuance or renewal in which to effect necessary repairs and successfully complete the emissions test for any motor vehicle that does not successfully complete an emissions test administered prior to the date fixed for issuance or renewal, and repairs necessary to pass the test cannot be effected prior to that date;
2. (2) Issued an inspection certificate by the motor vehicle emissions testing authority which shall state on its face the date the emissions test was administered and failed, and that a thirty-day grace period shall apply to that motor vehicle; and
3. (3) The air pollution control board, created by § 68-201-104, shall promulgate rules providing conditions under which owners of motor vehicles that do not successfully complete an emissions test may apply for waivers or variances. The rules may set appropriate conditions for waivers that are consistent with federal as well as state law and consider the expenditures made by the owner in order to come into compliance.
(b) Possession of a duly authorized inspection certificate issued pursuant to subsection (a) shall be deemed possession of a valid certificate of registration, registration plate, and inspection sticker for the duration of the authorized grace period provided by subsection (a).

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68-201-118(l)(2)(B)

§ 55-4-129. Unlawful removal of registration decal or plate.

(a) Unless lawfully transferred in accordance with this chapter, it is unlawful to willfully cut, clip or otherwise remove the registration decal from a registration plate, or to remove a registration plate from a motor vehicle if either are removed for the purpose of selling the decal or plate, attaching the decal or plate to another registration plate or motor vehicle, or otherwise using the decal or plate to circumvent or avoid the vehicle registration laws of this chapter.
(b) A violation of this section is a Class A misdemeanor.

§ 55-4-130. Applicability — Passage — Purchasing — Inspection and maintenance programs — Contracts — Remote sensing devices.

(a) Sections 55-4-101(d)(2), 55-4-104(e)(2), and 55-6-105(a)(9) shall only apply in those counties:
1. (1) That have been designated by the air pollution control board to have an inspection and maintenance program because it is necessary to attain or maintain compliance with national ambient air standards; provided, however, that the board may only designate counties that:
  1. (A) Have been designated by the United States environmental protection agency as not attaining the national ambient air standards and have over fifty thousand (50,000) registered vehicles in the most recent year;
  2. (B) Are former nonattainment counties with over fifty thousand (50,000) registered vehicles in the most recent year that are under a maintenance plan designed to continue to meet the national ambient air standards; or
  3. (C) That contribute significantly to nonattainment in another county and have more than sixty thousand (60,000) motor vehicles registered in the county in the most recent year; or
2. (2) For which a resolution has been passed by the governing body of the county that specifically establishes an inspection and maintenance program for the county and the air pollution control board approves the resolution as providing for inspection and maintenance that is consistent with the programs operated under subdivision (a)(1). The board may also oversee the implementation of the program to assure statewide consistency and shall review the programs at least once every three (3) years. The implementation of §§ 55-4-101(d)(2), 55-4-104(e)(2), and 55-6-105(a)(9) shall be in a manner as to assure compliance with the Clean Air Act (42 U.S.C. § 7401 et seq.), and the Air Quality Act, compiled in title 68, chapter 201, part 1. All counties implementing a vehicle inspection and maintenance program may only charge fees that are directly related to the county's cost of establishing and implementing the vehicle inspection and maintenance program.
(b) For purposes of this section, the state or county may purchase goods and services on the same terms and conditions as these goods and services have been purchased by the state or a county where a contract, as amended or extended, is in effect at the date of the purchase by the state or a county and where the contract was executed in the first instance by the state or a county pursuant to its regular purchasing procedures for these goods and services. This contract, whether the existing contract from which the purchase is made or the new contract, may be modified by the state or county for one (1) additional term of not more than sixty (60) months, the policy of the state being to promote statewide uniformity in price and term of these contracts.
(c) The rules promulgated by the air pollution control board shall provide that, with respect to any fleet of motor vehicles owned or leased by any manufacturer of motor vehicles located in any county designated in subsection (a), the manufacturer shall be allowed to provide its own vehicle inspection and maintenance program so long as the vehicle inspection and maintenance program meets the standards required by the board.
(d) A ninety-day certificate of compliance for a light-duty motor vehicle that is offered for sale by a motor vehicle dealer shall be extendable at the option of the dealer for an additional period of ninety (90) days upon payment of a fee of one dollar and fifty cents ($1.50). The fee shall be in addition to all other fees and costs associated with the certificate and shall be paid to the contractor that conducts the vehicle inspection program in the county in which the dealer is located.
(e) The air pollution control board is authorized in any county subject to this section to provide an enhanced inspection and maintenance program utilizing remote sensing devices that will identify vehicles that comply with the air quality criteria determined by the board. For those vehicles that meet the air quality criteria determined by the board through a remote sensing device, the requirement for an annual emissions test can be fulfilled without the need for passing vehicles to also visit an inspection and maintenance inspection facility. Without regard to the current terms of contracts that support an inspection and maintenance program and any other law notwithstanding, the board is authorized and encouraged to utilize technologies that can increase motorist convenience or compliance, or both, with air quality criteria determined by the board. In order to evaluate any such technology, the board is further authorized to extend, if necessary, any inspection and maintenance program contract for no more than twenty-four (24) months beyond its current expiration date.
(f)
1. (1) Subsection (e) shall only apply to those counties on May 5, 2009, that have been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).
2. (2) A board or any entity or vendor that contracts to perform annual emissions tests pursuant to subsection (e) shall promptly and permanently purge all identifying information regarding motor vehicles that are not registered in a county that has been designated by the air pollution control board to have an inspection and maintenance program pursuant to subsection (a).
(g) The rules promulgated by the air pollution control board shall provide that any motor vehicle over twenty-five (25) years old with a nonmodified engine and body, when such motor vehicle is being registered as an antique motor vehicle pursuant to § 55-4-111(b), shall be exempt from all motor vehicle inspection requirements.
(h)
1. (1) Any county that has been designated by the air pollution control board to have a vehicle inspection and maintenance program to attain or maintain compliance with national ambient air standards, may, by an affirmative vote of a majority of its governing body, exempt motor vehicles that are registered in the county that are required to undergo testing pursuant to § 55-4-101(d)(2), § 55-4-104(e)(2), or § 55-6-105(a)(9) and that are three (3) or less model years old from those motor vehicle inspection requirements; provided, that the governing body shall authorize the exemption on or before December 31, 2016, and the presiding officer of the governing body shall furnish a certified copy of the approved resolution to the technical secretary of the air pollution control board on or before January 31, 2017.
2. (2)
  1. (A) The exemption authorized by an action of a governing body pursuant to subdivision (h)(1) shall take effect on the January 1 following the date on which the United States environmental protection agency (EPA) approves a revised state implementation plan consistent with this subsection (h); provided, however, that if on such January 1, a contract exists between the department and a contractor providing inspection services, or a local pollution control program and a contractor providing inspection services, then the exemption shall take effect in those jurisdictions that are covered by the contract upon the date of the contract's termination or expiration or the effective date of the contract's renewal or an applicable amendment to the inspection service fee of such contract.
  2. (B)
    1. (i) The commissioner of environment and conservation shall certify in writing to the executive secretary of the Tennessee code commission the date of the approval by the EPA described in subdivision (h)(2)(A) and provide the executive secretary of the commission with a copy of such approval.
    2. (ii) If a contract exists on the January 1 following the date of approval of the revised state implementation plan, then the commissioner or the chief public officer of the local pollution control program, whichever is applicable, shall also certify in writing the date of the department's or local pollution control program's contract termination or expiration or the effective date of the contract's renewal or an applicable amendment to the inspection service fee of such contract, and provide the executive secretary of the commission with a copy of the signed document.

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68-201-118(l)(2)(B)

§ 55-4-131. Notice of change of address.

(a) Whenever any person, after applying for or receiving a title or registration, moves from the address named in the application or title or registration, or when the name of an applicant is changed for any reason, the person shall within ten (10) days thereafter, notify the department of the change or changes.
(b) A violation of this section is a Class C misdemeanor.

§ 55-4-132. Funding for computerized titling and registration system.

(a) In addition to all other fees provided for in this part, there is imposed an additional fee of one dollar ($1.00) on the registration of motor vehicles and the renewal of the registrations.
(b) All revenues received from the fees shall be earmarked and used for the operation, maintenance, modernization, improvement, enhancement, or replacement of the titling and registration system. These revenues shall not be used to replace, displace, reduce or otherwise supplant any moneys budgeted for the titling and registration of motor vehicles.
(c) All funds generated pursuant to this section shall be deposited in a special account earmarked solely for the purposes set forth in this section and any unused funds shall not revert to the general fund but shall be held in the account for these purposes. Such purposes shall also include the acquisition, maintenance, modernization, enhancement, or replacement of software or equipment and related necessary supplies used in the operation of the titling and registration system by the county clerks. All fees or payments under § 55-6-104(b)-(d) shall be paid to the county clerks out of such funds.
(d) The department shall submit reports on its progress to the transportation and safety committee of the senate and transportation committee of the house of representatives between July 1, 1999, and until the completion of the updated computerized titling and registration system. These reports shall be submitted quarterly to the transportation committees unless the department is otherwise directed by the committees.
(e) The commissioner or the commissioner's designee shall appear before the transportation committee of the house of representatives and the transportation and safety committee of the senate no later than March 1 annually to report the status of the computerized titling and registration system.

§ 55-4-133. Used oil and other automotive fluids collection and recycling — Definitions.

(a) To increase public knowledge of the availability of collection facilities for used oil and other automotive fluids and the benefits of recycling used oil and other automotive fluids, the department shall conduct a promotional campaign, including, but not limited to, the inclusion of information concerning the Used Oil Collection Act, pursuant to title 68, chapter 211, part 10, with motor vehicle registration renewal notices. This information shall include automotive fluid collection center locations and the toll-free telephone information number established by the department of environment and conservation pursuant to § 68-211-1005. The department may include additional information as deemed appropriate by the department.
(b) As used in this section, unless the context otherwise requires:
1. (1) “Automotive fluid collection center” has the same meaning as defined in § 68-211-1002;
2. (2) “Other automotive fluid” has the same meaning as defined in § 68-211-1002; and
3. (3) “Used oil” has the same meaning as defined in § 68-211-1002.

§ 55-4-134. Replica license plates.

(a) Any replica license plate manufactured or sold in this state purporting to be an official license plate previously issued by the state shall include the language “REPLICA” in at least twenty-four (24) point type on the face of the replica license plate.
(b) A violation of subsection (a) is a Class A misdemeanor.

§ 55-4-135. Registration of vehicles by owners performing full-time service in the military.

Notwithstanding any law to the contrary, the owner of any motor vehicle who is performing full-time service in the military and who is stationed outside of the continental United States shall be given a grace period of thirty (30) days from the date of the owner's return to this state to renew the registration for any motor vehicle registered to the owner.

§ 55-4-136. Registration of medium speed vehicles.

(a) Any vehicle that is not equipped with a windshield and that otherwise qualifies as a medium speed vehicle as defined in § 55-1-125 may be registered as a medium speed vehicle; provided, that while the vehicle is in operation upon any public road of this state, the operator and each passenger shall wear a helmet in accordance with § 55-9-302 and eye protection, including glasses containing impact resistant lenses, safety goggles, or a face shield.
(b) Any vehicle described in subsection (a) shall be registered as a medium speed vehicle if the operator provides an affidavit, under penalty of perjury, on a form prescribed by the department certifying that the vehicle meets applicable safety standards and that the operator will otherwise comply with subsection (a).

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§ 55-4-137. Exemption from registration fee for certain veteran or active-duty service members.

Notwithstanding § 55-4-256, § 55-4-257, or any other provision of this chapter, a veteran or active-duty service member of the armed services is exempt from the regular registration fee prescribed under § 55-4-111 and any fee provided for in § 55-4-204(c)(1) for a motor vehicle sold, given, or donated to the veteran or service member if:
1. (1) The veteran or service member has a service-connected disability as described in 38 U.S.C. § 3901;
2. (2) The veteran or service member receives a grant from the United States department of veterans affairs, pursuant to 38 U.S.C. §§ 3901-3904; and
3. (3) The grant is used to provide or assist in providing the vehicle to the veteran or service member.

§ 55-4-138. Evidence of vehicle registration in electronic format — Acceptable electronic formats.

In addition to the provisions of § 55-12-139 authorizing a person to display evidence of financial responsibility through the use of electronic devices, a person may also display evidence of vehicle registration in electronic format. The electronic images shall state that the vehicle is properly registered and that a certificate of registration has been issued to the owner or operator of the vehicle. For purposes of this section, acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. If a person displays the evidence in an electronic format pursuant to this section, the person is not consenting for law enforcement to access any other contents of the electronic device.

§ 55-4-139. Designation of owner or lessee of motor vehicle as deaf or hard of hearing.

(a) At the time of initial application for the registration of a motor vehicle under this part, or upon renewal, an owner or lessee of a motor vehicle who is deaf or hard of hearing may request that the department include such designation in the Tennessee Vehicle Title and Registration System (VTRS) database. The registrant's request must be accompanied by a physician's statement supporting the registrant's request for a deaf or hard of hearing designation. Upon receipt of such a request accompanied by a valid physician's statement, the department shall cause the registrant's deaf or hard of hearing status to be entered into the VTRS database, and ensure such designation is associated with the applicant's motor vehicle and registration.
(b) Information submitted to the department under this section shall be supplied to law enforcement to assist in identifying the operator of the vehicle as possibly being deaf or hard of hearing. Information collected pursuant to this section shall only be available to law enforcement for the purpose of ensuring safe and efficient interactions between law enforcement and persons who are deaf or hard of hearing, and shall not be used for any other purpose.
(c) All law enforcement officers charged with the enforcement of this title and emergency call takers and public safety dispatchers, as described in § 7-86-205, shall receive instruction in the identification of deaf or hard of hearing designation included in the VTRS database as provided for in this section.
(d) The commissioner is authorized to adopt policies and procedures as necessary to effectuate the purposes of this section.

§ 55-4-140. Exemption for member of volunteer fire department or volunteer local rescue squad.

(a) Any owner or lessee of a motor vehicle who is a resident of this state, is an active member of a volunteer fire department, and has at least one (1) year of service shall be exempt, at the time of renewal, from the regular registration fee imposed pursuant to § 55-4-111, for only one (1) vehicle owned or used by the firefighter, upon the certification or sworn statement from the chief of the fire department to which the person is attached confirming the applicant is an active volunteer member, and upon compliance with state motor vehicle registration and licensing laws. In addition to the exemption provided by this subsection (a), the legislative body of a county is authorized to waive the motor vehicle tax for motor vehicles receiving an exemption under this subsection (a) from the registration fee if the waiver is approved in the same manner as the adoption of the motor vehicle tax under § 5-8-102.
(b) Any owner or lessee of a motor vehicle who is a resident of this state, is an active member of a volunteer local rescue squad, and has at least one (1) year of service shall be exempt, at the time of renewal, from the regular registration fee imposed pursuant to § 55-4-111, for only one (1) vehicle owned or used by the member, upon certification or sworn statement from the captain of the local rescue squad to which the person is attached confirming the applicant is an active volunteer member, and upon compliance with state motor vehicle registration and licensing laws. In addition to the exemption provided by this subsection (b), the legislative body of a county is authorized to waive the motor vehicle tax for motor vehicles receiving an exemption under this subsection (b) from the registration fee if the waiver is approved in the same manner as the adoption of the motor vehicle tax under § 5-8-102.

§ 55-4-141. Authority of department of revenue to issue, suspend, or revoke a registration, permit, plate, or certificate of certain motor carriers.

(a)
1. (1) The department or its agent is authorized to refuse to issue or transfer a registration, license plate, permit, or a certificate of title on a vehicle that has been assigned to a motor carrier that has been prohibited from operating by the federal motor carrier safety administration; provided, that the department or its agent may allow a motor carrier that has been prohibited from operating by the federal motor carrier safety administration to transfer a title if the motor carrier does not retain an interest, either directly or indirectly, in the vehicle.
2. (2) The department or its agent is authorized to suspend or revoke the registration, license plate, permit, or certificate of title issued to any vehicle assigned to a motor carrier that has been prohibited from operating by the federal motor carrier safety administration.
(b) The department shall deny registration for a vehicle assigned to a motor carrier that has been prohibited from operating by the federal motor carrier safety administration for safety reasons or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including an applicant, owner, corporate officer, or shareholder of the carrier or a relative of any such persons. For purposes of this section, “relative” means husband, wife, son, daughter, brother, sister, father, mother, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
(c) If a prohibition from operating by the federal motor carrier safety administration is rescinded, the department or its agent may issue a registration, license plate, permit, or certificate of title to the motor carrier; provided, that all other taxes and fees have been paid to the department.

§ 55-4-142. Waiver of registration fee for Class A or Class B motor vehicle upon renewal.

Notwithstanding § 55-4-111(a) or another law to the contrary, the registration fee for a Class A or Class B motor vehicle under § 55-4-111(a)(1) is waived upon the renewal of the motor vehicle's registration if the renewal occurs during the period of time beginning July 1, 2022, and ending June 30, 2023.

Part 2 Special License Plates

§ 55-4-201. Part definitions.

As used in this part:
1. (1) “Collegiate plate” or “collegiate license plate” means the class of cultural motor vehicle registration plates enumerated in § 55-4-203(c)(5)(C), which features on each individual plate a special reference to or identification or information on:
  1. (A) A two-year or four-year college or university located within this state;
  2. (B) A four-year college or university located outside this state; or
  3. (C) A four-year law school located within this state that is not accredited by the American Bar Association;
2. (2)
  1. (A) “Cultural plate” or “cultural license plate” means:
    1. (i) A special or cultural motor vehicle registration plate authorized by statute prior to July 1, 1998, and enumerated in § 55-4-203(c)(5); or
    2. (ii) An honorary motor vehicle registration plate authorized by statute on or after July 1, 1998, which statute does not specifically earmark the funds produced from the sale of the plate;
  2. (B) “Cultural plate” or “cultural license plate” includes collegiate plates and personalized plates unless those plates are specifically excluded from this definition by statute;
3. (3) “Memorial plate” or “memorial license plate” means those motor vehicle registration plates, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250, that are issued free of charge, including the regular registration fee, pursuant to § 55-4-204(b);
4. (4) “New specialty earmarked plate” or “new specialty earmarked license plate” means a motor vehicle registration plate authorized by statute on or after July 1, 1998, which statute earmarks the funds produced from the sale of that plate to be allocated to a specific nonprofit organization or state agency or fund to fulfill a specific purpose or to accomplish a specific goal;
5. (5) “Off-highway vehicle plate” or “off-highway vehicle license plate” means those motor vehicle registration plates, as enumerated in § 55-4-203(a) and described in chapter 4, part 7 of this title, that are issued to Class I and Class II off-highway vehicles as defined in § 55-8-101;
6. (6) “Personalized plate” or “personalized license plate” means the class of cultural motor vehicle registration plates that features on each individual plate not less than three (3) nor more than seven (7) identifying numbers, letters, positions or a combination thereof for a passenger motor vehicle, recreational vehicle or truck of one-half or three-quarter-ton rating or, if authorized, not less than three (3) nor more than six (6) identifying numbers, letters, positions or a combination thereof for a motorcycle, as requested by the owner or lessee of the vehicle to which that plate is assigned;
7. (7) “Personalized trailer plate” or “personalized trailer license plate” means a motor vehicle registration plate that is permitted, but not required, to be registered to a trailer or semitrailer that features on each individual plate not less than three (3) nor more than seven (7) identifying numbers, letters, positions or a combination of numbers, letters or positions for a trailer or semitrailer, as requested by the owner or lessee of the trailer or semitrailer to which the plate is assigned;
8. (8) “Special purpose plate” or “special purpose license plate” means all other motor vehicle registration plates issued pursuant to this part, including antique motor vehicle, dealer, disabled, emergency, firefighter pursuant to § 55-4-224, general assembly, government service, judiciary, national guard, OEM headquarters company, sheriff, special event, boat transport, United States house of representatives, United States judge and United States senate plates; and
9. (9) “Specialty earmarked plate” or “specialty earmarked license plate” means a motor vehicle registration plate authorized by statute prior to July 1, 1998, and enumerated in § 55-4-203(c)(6), which statute earmarks the funds produced from the sale of that plate to be allocated to a specific organization, state agency or fund, or other entity to fulfill a specific purpose or to accomplish a specific goal.

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§ 55-4-202. Issuance — Applicability of part — Requirements — Plates deemed obsolete due to inactivity. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a)
1. (1) All cultural, specialty earmarked and new specialty earmarked motor vehicle registration plates, memorial motor vehicle registration plates and special purpose motor vehicle registration plates now, or in the future, shall be issued and renewed pursuant to this part. No plate, other than those issued under part 1 of this chapter, shall be issued or renewed unless authorized in this part.
2. (2) For the purposes of this part and part 3 of this chapter, “this part” means this part and part 3 of this chapter.
(b) All plates issued pursuant to this part shall be issued and renewed subject to the following:
1. (1) Payment of the applicable registration fee, except as specifically provided otherwise by § 55-4-204 or any other applicable provision of this part;
2. (2) An additional fee of thirty-five dollars ($35.00) to be paid by the applicant upon issuance and renewal, except as specifically provided otherwise by § 55-4-204 or any other applicable provision of this part;
  2 Backlinks
  - 55-4-204(d)
  - 55-4-214(a)(1)
3. (3)
  1. (A) A minimum order of one hundred (100) plates for collegiate plates as defined by § 55-4-201. Collegiate plates for motorcycles, as authorized by § 55-4-210(c), shall be subject to a minimum order of one hundred (100) plates for each classification of collegiate plates;
  2. (B) A minimum order of at least five hundred (500) plates for all other cultural, specialty earmarked and new specialty earmarked plates. Personalized plates for motorcycles, as authorized by § 55-4-210(c), shall be subject to a minimum order of five hundred (500) plates;
  4 Backlinks
4. (4) A design which shall be approved by the commissioner; and
5. (5) A handling fee of one dollar ($1.00) payable to the county clerk upon issuance or renewal of any cultural, specialty earmarked, or new specialty earmarked license plate, except plates exempted from payment of fees under § 55-4-204 or any other applicable provision of this part.
(c)
1. (1) Subsection (b) shall apply equally to the renewal of any plate issued pursuant to this part; provided, that any plate that fails to meet the minimum requirements of subdivision (b)(3) by December 31, 1999, or for two (2) successive renewal periods thereafter shall not be reissued or renewed, and the commissioner shall notify the Tennessee code commission that the section of Tennessee Code Annotated authorizing the issuance of the plate is, on the basis of inactivity, to be deemed obsolete and invalid.
2. (2) Any cultural or new specialty earmarked plate authorized by statute on or after July 1, 1998, shall be subject to the minimum issuance requirements of subdivision (b)(3).
3. (3) Any plate authorized by this part that qualifies for initial issuance on or after July 1, 1998, shall be subject to the minimum issuance requirements of subdivision (b)(3).
(d) Any plate authorized by this part that has not qualified for initial issuance by December 31, 1999, shall not be issued and the commissioner shall notify the Tennessee code commission that the section of Tennessee Code Annotated authorizing the issuance of the plate is, on the basis of inactivity, to be deemed obsolete and invalid.
(e) Notwithstanding subsection (d), any plate authorized by statute on or after January 1, 1999, that fails to meet the minimum issuance requirements of subdivision (b)(3)(B) within one (1) year of the effective date of the act authorizing the plate shall not be issued, and the commissioner shall notify the Tennessee code commission that the section of Tennessee Code Annotated authorizing the issuance of the plate is, on the basis of inactivity, to be deemed obsolete and invalid.
(f) Subdivision (b)(3) and subsections (c), (d), (e), (g), and (k) shall not apply to the following plates issued pursuant to this part:
1. (1) Antique motor vehicle;
2. (2) Dealer;
3. (3) Disabled;
4. (4) Emergency;
5. (5) Firefighter, as provided for in § 55-4-224;
6. (6) General assembly;
7. (7) Government service;
8. (8) Honorary consular;
9. (9) Judiciary;
10. (10) Legislator Emeritus;
11. (11) Memorial;
12. (12) Metropolitan council;
13. (13) Military;
14. (14) National Guard;
15. (15) Physician;
16. (16) Sheriff;
17. (17) United States house of representatives;
18. (18) United States judge; and
19. (19) United States senate.
(g)
1. (1) Notwithstanding this part to the contrary, any cultural or new specialty earmarked license plate authorized by statute on or after July 1, 2002, shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance. This subdivision (g)(1) shall apply equally to the renewal of any cultural or new specialty earmarked plate initially issued on or after July 1, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (g)(1) within one (1) year of the effective date of the act authorizing that plate, or does not meet the renewal requirements for any two (2) successive renewal periods thereafter, shall not be issued, reissued or renewed and shall be deemed obsolete and invalid. The commissioner shall annually notify the executive secretary of the Tennessee code commission of the sections of the code authorizing the issuance of plates deemed obsolete and invalid pursuant to this subdivision (g)(1).
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2. (2) Subdivision (g)(1) shall not apply to collegiate plates otherwise administered pursuant to this part; provided, that on and after July 1, 2002, collegiate plates for four-year colleges or universities located outside this state shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance by the department. This subdivision (g)(2) shall apply equally to the renewal of any collegiate plates for four-year colleges or universities located outside this state initially issued by the department on or after July 1, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (g)(2) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued or renewed by the department and shall be deemed obsolete and invalid.
3. (3)
  1. (A) Notwithstanding any provision of this part to the contrary, between July 1, 2002, and August 31, 2002, any cultural license plate authorized by § 55-4-240 shall be subject to a minimum order of at least two hundred fifty (250) plates prior to initial issuance. This subdivision (g)(3)(A) shall apply equally to the renewal of any cultural license plate authorized by § 55-4-240 and initially issued between July 1, 2002, and August 31, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (g)(3)(A) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued or renewed by the department and shall be deemed obsolete and invalid.
  2. (B) On or after September 1, 2002, any cultural license plate authorized by § 55-4-240 shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance. This subdivision (g)(3)(B) shall apply equally to the renewal of any cultural license plate authorized by § 55-4-240 and initially issued on or after September 1, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (g)(3)(B) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued or renewed by the department and shall be deemed obsolete and invalid.
(h) All funds produced from the sale or renewal of cultural, specialty earmarked and new specialty earmarked license plates shall be used exclusively in Tennessee to support departments, agencies, charities, programs and other activities impacting Tennessee, as authorized pursuant to this part.
(i)
1. (1) Any new specialty earmarked license plate authorized by statute on behalf of a nonprofit organization shall be subject to certification of the organization's nonprofit status by the secretary of state within ninety (90) days of the effective date of the act authorizing the plate prior to initial issuance.
2. (2) Any specialty earmarked license plate authorized by statute and initially issued prior to July 1, 1998, on behalf of a nonprofit organization, and any new specialty earmarked license plate authorized by statute and initially issued on or after July 1, 1998, and prior to July 1, 2008, on behalf of a nonprofit organization, shall be subject to certification of the organization's nonprofit status by the secretary of state.
3. (3) Any new specialty earmarked license plate or specialty earmarked license plate authorized on behalf of a nonprofit organization that is not certified as a registered nonprofit organization in good standing with the state by the secretary of state shall not be issued or renewed and shall be deemed obsolete and invalid.
1 Backlink
- 55-4-311(a)(3)
(j) Any nonprofit organization receiving proceeds from the sale of a specialty earmarked license plate or new specialty earmarked license plate, shall be subject to the following requirements:
1. (1) The nonprofit organization shall meet and maintain all statutory requirements and internal revenue service regulations for nonprofit corporations;
2. (2) Each nonprofit organization shall maintain its nonprofit status in good standing with the secretary of state;
3. (3) By September 30 each year, all nonprofit organizations receiving proceeds from the sale or renewal of a specialty earmarked license plate or new specialty earmarked license plate shall submit an annual accounting of all such funds received from July 1 to June 30 of the preceding state fiscal year to the comptroller of the treasury. If a nonprofit organization fails to comply with the annual accounting requirement, then the commissioner of the department or agency responsible for paying the specialty earmarked license plate or new specialty earmarked license plate proceeds shall, at the request of the comptroller of the treasury, hold the proceeds in reserve until the nonprofit organization submits its annual accounting and the comptroller notifies the department or agency to release the funds. Any costs associated with holding the plate proceeds shall be deducted from the reserve fund as an administration fee. The comptroller of the treasury may audit any nonprofit organization receiving funds from a specialty earmarked license plate or new specialty earmarked license plate to ensure that the funds are being used in accordance with statutory authority for the plate, and the cost of the audit shall be charged to the nonprofit organization; and
4. (4) A nonprofit organization shall return any proceeds received from a specialty earmarked license plate or new specialty earmarked license plate that a comptroller of the treasury's audit finds have been used in violation of statutory authority. The attorney general and reporter is authorized to institute proceedings, as defined in § 48-51-201, under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, to recover the proceeds.
(k)
1. (1) Notwithstanding this part to the contrary, any cultural or new specialty earmarked license plate authorized by statute on or after July 1, 2013, shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance. Any cultural or new specialty earmarked license plate authorized by statute shall be subject to a minimum order of at least eight hundred (800) plates for the renewal of such cultural or new specialty earmarked plates. Any such plate that does not meet the minimum order requirements of this subdivision (k)(1) within one (1) year of the effective date of the act authorizing that plate, or does not meet the renewal requirements for any two (2) successive renewal periods thereafter, shall not be issued, reissued, or renewed and shall be deemed obsolete and invalid. The commissioner shall annually notify the executive secretary of the Tennessee code commission of the sections of the code authorizing the issuance of plates deemed obsolete and invalid pursuant to this subdivision (k)(1).
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2. (2) Subdivision (k)(1) shall not apply to collegiate plates otherwise administered pursuant to this part; provided, that on and after July 1, 2013, collegiate plates for four-year colleges or universities located outside this state shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance by the department. The renewal of any collegiate plates for four-year colleges or universities located outside Tennessee issued by the department on or after July 1, 2013, shall be subject to a minimum order of at least eight hundred (800) plates. Any such plate that does not meet the minimum order requirements of this subdivision (k)(2) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued, or renewed by the department and shall be deemed obsolete and invalid.
(l) Notwithstanding subdivision (c)(1) or another law to the contrary, a collegiate plate for King University must be administratively reissued by the department of revenue if the minimum order requirement of one hundred (100) plates is met prior to reissuance.

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§ 55-4-203. Issuance — Category — Supplemental registration — Eligibility. [Effective on January 1, 2024. See the version effective until January 1, 2024.]

(a) All registration plates issued under this part shall be issued in one (1) of the following categories:
1. (1) Antique motor vehicle;
2. (2) Cultural;
3. (3) Dealer;
4. (4) Disabled;
5. (5) Emergency;
6. (6) Firefighter;
7. (7) General assembly;
8. (8) Government service;
9. (9) Judiciary;
10. (10) Legislator Emeritus;
11. (11) Memorial;
12. (12) National Guard;
13. (13) New specialty earmarked;
14. (14) OEM headquarters company;
15. (15) Off-highway vehicles:
  1. (A) Class I off-highway vehicles; and
  2. (B) Class II off-highway vehicles;
16. (16) Physician;
17. (17) Sheriff;
18. (18) Specialty earmarked;
19. (19) United States house of representatives;
20. (20) United States judge; and
21. (21) United States senate.
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(b)
1. (1) Registration plates currently provided under the “dealer,” “government service,” “disabled,” and “national guard” categories shall be issued in design configurations and colors which distinguish the plates from those of other categories, and in a manner which would avoid confusion with any other registration plates.
2. (2) Registration plates issued in any other category shall be issued in a design configuration distinctive to that category and determined by the commissioner, and shall bear at the top of the plate the word “Tennessee” or “Tenn” and at the bottom the name of the category. In addition, the plates in each category may bear identifying letter prefixes to distinguish the group within the category, and shall bear identifying number suffixes to identify the individual registrant.
  1 Backlink
  - 55-4-220(c)
(c) The groups within each category having multiple plates shall be as follows:
1. (1) Emergency:
  1. (A) Amateur radio;
    1 Backlink
    
    55-4-225(e)(1)
  2. (B) Auxiliary police;
    1 Backlink
    
    55-4-223(a)
  3. (C) Civil air patrol;
  4. (D) Civil defense;
  5. (E) Rescue squad;
  6. (F) Emergency services squad, including, but not limited to, emergency medical technicians and paramedics;
  7. (G) Police officer;
  8. (H) Trauma physicians;
  9. (I) Trauma nurses;
  10. (J) On-call surgical personnel;
  11. (K) Constables;
  12. (L) Tennessee state guard;
  13. (M) United States coast guard auxiliary; and
  14. (N) Emergency communication dispatchers;
2. (2) Judiciary:
  1. (A) Supreme court;
  2. (B) Court of appeals;
  3. (C) Court of criminal appeals;
  4. (D) Chancery court;
  5. (E) Circuit court;
  6. (F) Probate court;
  7. (G) Juvenile court;
  8. (H) General sessions court;
  9. (I) Retired judges of courts, not-of-record;
  10. (J) Municipal court judges; and
  11. (K) Magistrates;
3. (3) National Guard:
  1. (A) Enlisted;
  2. (B) Honorably discharged members;
  3. (C) Officers; and
  4. (D) Retirees;
  2 Backlinks
  - 55-4-271(a)(1)
  - 55-4-271(c)
4. (4) Memorial:
  1. (A) Air Force Cross recipient;
  2. (B) Air Medal (Valor) recipients;
  3. (C) Bronze Star (Valor) recipients;
  4. (D) Disabled veteran;
  5. (E) Distinguished Flying Cross recipients;
  6. (F) Distinguished Service Cross recipient;
  7. (G) Former prisoner of war;
  8. (H) Gold star family;
  9. (I) Holder of the Purple Heart;
  10. (J) Medal of honor recipient;
  11. (K) Navy Cross recipient; and
  12. (L) Silver Star recipients;
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5. (5) Cultural:
  1. (A) Antique Auto (unrestricted use) [Obsolete. See the Compiler's Notes.];
  2. (B) Arts, as provided for in § 55-4-217 and § 55-4-240;
  3. (C) Collegiate, as defined in § 55-4-201:
    1. (i) Bryan College;
    2. (ii) Cumberland University [Obsolete. See the Compiler's Notes.];
    3. (iii) Penn State University;
    4. (iv) University of Arkansas;
    5. (v) University of Florida;
    6. (vi) University of Mississippi;
    7. (vii) All collegiate plates issued as cultural motor vehicle registration plates prior to July 1, 1998; and
    8. (viii) All collegiate plates administratively issued by the department on or after July 1, 1998, pursuant to § 55-4-210;
    1 Backlink
    
    55-4-201(1)
  4. (D) Delta Kappa Gamma Society International;
  5. (E) [Deleted by 2023 amendment.]
  6. (F) Metropolitan council;
    2 Backlinks
    
    55-4-214(c)(10)
    55-4-214(e)
  7. (G) Military:
    1. (i) 5th Special Forces Group (Airborne);
    2. (ii) Air Medal (Meritorious) recipients;
    3. (iii) Army ranger;
    4. (iv) Blue star family;
    5. (v) Bronze Star (Meritorious) recipients;
      1 Backlink
      
      55-4-271(b)
    6. (vi) Coast Guard Medal;
    7. (vii) Coast Guard Commendation Medal;
    8. (viii) Combat Action Badge;
    9. (ix) Combat Infantryman Badge;
      1 Backlink
      
      55-4-271(b)
    10. (x) Combat Medical Badge;
    11. (xi) Combat veterans;
    12. (xii) Disabled Veteran (service-connected);
    13. (xiii) “Enemy Evadees” as certified by the department of veterans services;
    14. (xiv) Honorably discharged veterans of the United States Armed Forces;
    15. (xv) Legion of Merit recipients;
    16. (xvi) Marine Corps League;
    17. (xvii) Paratrooper;
    18. (xviii) Pearl Harbor survivors;
    19. (xix) Presidential Service Badge;
    20. (xx) Rakkasans;
    21. (xxi) Submarine veteran;
    22. (xxii) Tennessee woman veteran, pursuant to § 55-4-267;
    23. (xxiii) United States military, active forces, pursuant to § 55-4-252;
    24. (xxiv) United States military, honorably discharged members, pursuant to § 55-4-252;
    25. (xxv) United States military, retired forces, pursuant to § 55-4-252;
    26. (xxvi) United States reserve forces, pursuant to § 55-4-254;
    27. (xxvii) United States reserve forces, honorably discharged members, pursuant to § 55-4-252;
    28. (xxviii) United States reserve forces, retired, pursuant to § 55-4-252; and
    29. (xxix) Women Veterans of Color;
    2 Backlinks
    
    55-4-251(a)
    55-4-271(c)
  8. (H) Personalized, pursuant to §§ 55-4-210 and 55-4-214;
  9. (I) Police Benevolent Association; and
  10. (J) Retired female firefighter;
  11. (K) Retired firefighter.
  2 Backlinks
  - 55-4-201(2)(A)(i)
  - 55-4-271(a)(1)
6. (6) Specialty earmarked:
  1. (A) Agriculture;
  2. (B) Alpha Kappa Alpha Sorority;
  3. (C) Alpha Phi Alpha;
  4. (D) CHILDREN FIRST!;
  5. (E) Delta Sigma Theta Sorority, Inc.;
  6. (F) Ducks Unlimited;
  7. (G) Environmental;
  8. (H) Friends of Great Smoky Mountains;
  9. (I) Helping school volunteer;
  10. (J) Kappa Alpha Psi;
  11. (K) Nongame and endangered wildlife species or “Watchable Wildlife”;
  12. (L) Omega Psi Phi;
  13. (M) Phi Beta Sigma;
  14. (N) Supporters of Saint Jude Children's Research Hospital; and
  15. (O) Zeta Phi Beta; and
  1 Backlink
  - 55-4-201(9)
7. (7) New specialty earmarked plates, as defined in § 55-4-201:
  1. (A) 100 Black Men;
  2. (B) 101st Airborne Screaming Eagle [Obsolete. See the Compiler's Notes.];
  3. (C) A Soldier's Child;
  4. (D) African American Breast Cancer Awareness [Obsolete. See the Compiler's Notes.];
  5. (E) Alcorn State University [Obsolete. See the Compiler's Notes.];
  6. (F) ALS Awareness [Obsolete. See the Compiler's Notes.];
  7. (G) Alumni Program of the University of Tennessee, Knoxville;
  8. (H) Alzheimer's Association [Obsolete. See the Compiler’s Notes.];
  9. (I) America at Its Best;
  10. (J) AMVETS [Obsolete. See the Compiler's Notes.];
  11. (K) Animal Friendly;
  12. (L) Appalachian Trail;
  13. (M) Atlanta Braves;
  14. (N) Autism Awareness;
  15. (O) Back the Blue [Obsolete. See the Compiler's Notes.];
  16. (P) Baylor School [Obsolete. See the Compiler’s Notes.];
  17. (Q) Bays Mountain;
  18. (R) BE NICE [Obsolete. See the Compiler's Notes.];
  19. (S) Big Brothers Big Sisters;
  20. (T) Blood Donor [Obsolete. See the Compiler's Notes.];
  21. (U) Boone Lake Association [Obsolete. See the Compiler's Notes.];
  22. (V) Boy Scouts of America [Obsolete. See the Compiler’s Notes.];
  23. (W) Bristol Motor Speedway;
  24. (X) CASA [Obsolete. See the Compiler's Notes.];
  25. (Y) Chattanooga [Obsolete. See the Compiler's Notes.];
  26. (Z) Chattanooga Football Club;
  27. (AA) Child Development Services of Murfreesboro;
  28. (BB) Childhood Cancer Awareness [Obsolete. See the Compiler's Notes.];
  29. (CC) Childhood Hunger Awareness [Obsolete. See the Compiler’s Notes.];
  30. (DD) Children's Hospital at Erlanger [Obsolete. See the Compiler’s Notes.];
  31. (EE) Choose Life;
  32. (FF) Civil War Preservation;
  33. (GG) Clement Railroad Hotel Museum [Obsolete. See the Compiler's Notes.];
  34. (HH) Combat Action [Obsolete. See the Compiler's Notes.];
  35. (II) Crusade Against Darkness;
  36. (JJ) Cystic Fibrosis Awareness [Obsolete. See the Compiler's Notes.];
  37. (KK) D.A.R.E. [Obsolete. See the Compiler's Notes.];
  38. (LL) Delta Kappa Gamma Society International [Obsolete. See the Compiler's Notes.];
  39. (MM) Diabetes Awareness [Obsolete. See the Compiler’s Notes.];
  40. (NN) Dollywood Foundation;
  41. (OO) Domestic Violence and Sexual Assault Awareness [Obsolete. See the Compiler's Notes.];
  42. (PP) Down Syndrome Awareness;
  43. (QQ) Drive Electric Tennessee;
  44. (RR) “Driving To A Cure” (Pink Ribbon);
  45. (SS) Dyslexia Awareness [Obsolete. See the Compiler's Notes.];
  46. (TT) Eagle Foundation;
  47. (UU) East Tennessee Children's Hospital;
  48. (VV) Eastern Star [Obsolete. See the Compiler's Notes.];
  49. (WW) Elizabethton Cyclones;
  50. (XX) Enjoy the Ride;
  51. (YY) Explore TN;
  52. (ZZ) Fallen Linemen [Obsolete. See the Compiler's Notes.];
  53. (AAA) Fallen Police and Firefighters [Obsolete. See the Compiler's Notes.];
  54. (BBB) Fighting for At-Risk Youth [Obsolete. See the Compiler's Notes.];
  55. (CCC) Fighting for the Bullys;
  56. (DDD) First State Flag;
  57. (EEE) Fish and wildlife species;
  58. (FFF) Fisk University;
  59. (GGG) Fraternal Order of Police;
  60. (HHH) Friends of Shelby Park and Bottoms;
  61. (III) Friends of Sycamore Shoals Historic Area, Inc.;
  62. (JJJ) Germantown Charity Horse Show [Obsolete. See the Compiler's Notes.];
  63. (KKK) Golfer;
  64. (LLL) Greene County School System [Obsolete. See the Compiler's Notes.];
  65. (MMM) Habitat for Humanity [Obsolete. See the Compiler's Notes.];
  66. (NNN) Hampton University;
  67. (OOO) Historic Collierville [Obsolete. See the Compiler’s Notes.];
  68. (PPP) Historic Franklin;
  69. (QQQ) Historic Jonesborough;
  70. (RRR) Historic Maury;
  71. (SSS) Historic Whitehaven [Obsolete. See the Compiler’s Notes.];
  72. (TTT) Honoring the Fallen;
  73. (UUU) Honoring Law Enforcement;
  74. (VVV) I RECYCLE;
  75. (WWW) I Stand with Israel [Obsolete. See the Compiler's Notes.];
  76. (XXX) Improve Hendersonville;
  77. (YYY) In Remembrance [Obsolete. See the Compiler’s Notes.];
  78. (ZZZ) International Association of Firefighters;
  79. (AAAA) Isaiah 117 House;
  80. (BBBB) Jackson State University;
  81. (CCCC) Justin P. Wilson Cumberland Trail State Scenic Trail State Park [Obsolete. See the Compiler’s Notes.];
  82. (DDDD) Juvenile Diabetes Research Foundation (JDRF) [Obsolete. See the Compiler's Notes.];
  83. (EEEE) Kappa Delta Sorority;
  84. (FFFF) Kiwanis International [Obsolete. See the Compiler's Notes.];
  85. (GGGG) Knights of Columbus [Obsolete. See the Compiler's Notes.];
  86. (HHHH) Le Bonheur Children's Medical Center;
  87. (IIII) Let Freedom Ring [Obsolete. See the Compiler's Notes.];
  88. (JJJJ) Linemen Power Tennessee;
  89. (KKKK) Look Twice Save a Life;
  90. (LLLL) Louisiana State University [Obsolete. See the Compiler's Notes.];
  91. (MMMM) Loyal Order of Moose [Obsolete. See the Compiler's Notes.];
  92. (NNNN) Lung Cancer Awareness [Obsolete. See the Compiler's Notes.];
  93. (OOOO) Lupus Foundation;
  94. (PPPP) Make-A-Wish Foundation [Obsolete. See the Compiler's Notes.];
  95. (QQQQ) Martin Luther King, Jr. [Obsolete. See the Compiler's Notes.];
  96. (RRRR) Masons;
  97. (SSSS) Memphis Grizzlies;
  98. (TTTT) Memphis Rock ‘n’ Soul Museum;
  99. (UUUU) Memphis/Shelby County Schools Alumni [Obsolete. See the Compiler's Notes.];
  100. (VVVV) Methodist Le Bonheur Healthcare [Obsolete. See the Compiler's Notes.];
  101. (WWWW) Millennial Debt Foundation;
  102. (XXXX) Monroe Carell Jr. Children's Hospital at Vanderbilt;
  103. (YYYY) Mothers Against Drunk Driving (MADD);
  104. (ZZZZ) Mountain Tough [Obsolete. See the Compiler's Notes.];
  105. (AAAAA) Muse Knoxville [Obsolete. See the Compiler's Notes.];
  106. (BBBBB) Nashville Cares [Obsolete. See the Compiler's Notes.];
  107. (CCCCC) Nashville Parks Foundation [Obsolete. See the Compiler's Notes.];
  108. (DDDDD) Nashville Predators;
  109. (EEEEE) Nashville SC;
  110. (FFFFF) National Rifle Association;
  111. (GGGGG) National Wild Turkey Federation;
  112. (HHHHH) Natural Gas Fuels Tennessee [Obsolete. See the Compiler's Notes.];
  113. (IIIII) Niswonger Children's Hospital;
  114. (JJJJJ) North Carolina State University [Obsolete. See the Compiler's Notes.];
  115. (KKKKK) Nurses;
  116. (LLLLL) Ohio State University [Obsolete. See the Compiler's Notes.];
  117. (MMMMM) Old Friends Senior Dog Sanctuary;
  118. (NNNNN) Order of The Eastern Star [Obsolete. See the Compiler's Notes.];
  119. (OOOOO) Pancreatic Cancer Awareness [Obsolete. See the Compiler's Notes.];
  120. (PPPPP) Pat Summitt Foundation;
  121. (QQQQQ) Police Activities League [Obsolete. See the Compiler’s Notes.];
  122. (RRRRR) Promote Peace;
  123. (SSSSS) Prostate Cancer Awareness [Obsolete. See the Compiler's Notes.];
  124. (TTTTT) Protecting Rivers and Clean Waters;
  125. (UUUUU) Radnor Lake;
  126. (VVVVV) Regional Medical Center at Memphis (The MED);
  127. (WWWWW) Remote Area Medical;
  128. (XXXXX) Respiratory therapists;
  129. (YYYYY) River Life;
  130. (ZZZZZ) Robotics in Education;
  131. (AAAAAA) Rotary International [Obsolete. See the Compiler's Notes.];
  132. (BBBBBB) Save Our Smokies [Obsolete. See the Compiler's Notes.];
  133. (CCCCCC) Save the Bees;
  134. (DDDDDD) Service Dogs;
  135. (CCCCCC) Service Dogs Changing Lives;
  136. (DDDDDD) Share the Road;
  137. (EEEEEE) Sheriff's and Police Activities League of Memphis and Shelby County [Obsolete. See the Compiler's Notes.];
  138. (FFFFFF) Sickle Cell Foundation;
  139. (GGGGGG) Smallmouth bass;
  140. (HHHHHH) Sons of Confederate Veterans;
  141. (IIIIII) Special Olympics;
  142. (JJJJJJ) Sportsman;
  143. (KKKKKK) Strictly Vettes [Obsolete. See the Compiler’s Notes.];
  144. (LLLLLL) Stronger Than My Father;
  145. (MMMMMM) Suicide Prevention [Obsolete. See the Compiler's Notes.];
  146. (NNNNNN) Support Our Troops;
  147. (OOOOOO) Tennessee Association of Realtors;
  148. (PPPPPP) Tennessee Chamber of Commerce and Industry [Obsolete. See the Compiler's Notes.];
  149. (QQQQQQ) Tennessee Councils of the Boy Scouts of America;
  150. (RRRRRR) Tennis Memphis [Obsolete. See the Compiler's Notes.];
  151. (SSSSSS) Tennessee School Nutrition Association [Obsolete. See the Compiler's Notes.];
  152. (TTTTTT) Tennessee Sheriffs' Association;
  153. (UUUUUU) Tennessee Tech University [Obsolete. See the Compiler's Notes.];
  154. (VVVVVV) Tennessee Titans;
  155. (WWWWWW) Tennessee Voices for Victims [Obsolete. See the Compiler's Notes.];
  156. (XXXXXX) Tennessee Walking Horse;
  157. (YYYYYY) Tennessee Wildlife Federation;
  158. (ZZZZZZ) Tennessee Wildlife Federation nongame and education programs;
  159. (AAAAAAA) TennesSEIA [Obsolete. See the Compiler's Notes.];
  160. (BBBBBBB) The Center for Living and Learning, Inc. [Obsolete. See the Compiler's Notes.];
  161. (CCCCCCC) The Compassionate Friends [Obsolete. See the Compiler's Notes.];
  162. (DDDDDDD) The Equity Alliance;
  163. (EEEEEEE) The Fairgrounds Nashville [Obsolete. See the Compiler's Notes.];
  164. (FFFFFFF) The Ohio State University [Obsolete. See the Compiler's Notes.];
  165. (GGGGGGG) The Volunteer State;
  166. (HHHHHHH) Tiger Haven;
  167. (IIIIIII) TN Back the Blue [Obsolete. See the Compiler's Notes.];
  168. (JJJJJJJ) Trout Unlimited;
  169. (KKKKKKK) University of Miami [Obsolete. See the Compiler's Notes.];
  170. (LLLLLLL) University of North Carolina;
  171. (KKKKKKK) University of South Carolina [Obsolete. See the Compiler's Notes.];
  172. (LLLLLLL) University of Tennessee Health Science Center;
  173. (MMMMMMM) University of Tennessee Lady Volunteers' NCAA National Championships;
  174. (NNNNNNN) University of Tennessee National Championship;
  175. (OOOOOOO) University of Texas [Obsolete. See the Compiler's Notes.];
  176. (PPPPPPP) USTA Tennessee;
  177. (QQQQQQQ) VFW [Obsolete. See the Compiler's Notes.];
  178. (RRRRRRR) West Virginia University [Obsolete. See the Compiler's Notes.];
  179. (SSSSSSS) Whitehaven High School [Obsolete. See the Compiler's Notes.];
  180. (TTTTTTT) Wilder Reign;
  181. (UUUUUUU) Wilson County The Place to Be;
  182. (VVVVVVV) Women's Suffrage Centennial [Obsolete. See the Compiler's Notes.];
  183. (WWWWWWW) Youth Villages.
  2 Backlinks
  - 55-4-344(f)(3)(B)
  - 55-4-352(d)(3)(B)
(d)
1. (1) No registration plate shall be issued under this section unless authorized by this part. Registration under this part is supplemental to the motor vehicle title and registration law, compiled in chapters 1-6 of this title, and nothing in this part shall be construed as abridging or amending that law. An applicant with more than one (1) motor vehicle titled or leased in that applicant's name, or applicants with more than one (1) motor vehicle jointly titled and/or leased in their names are entitled to an unlimited number of registration plates under the applicable provision of law, as long as all other special fees and regular costs are paid by the applicant and all requirements set out in parts 1 and 2 of this chapter are followed.
2. (2) No qualified person shall receive more than one (1) free plate, unless the issuance of additional free plates is specifically authorized by the statute creating the cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate.
(e) Registration plates issued to United States judges, United States senators, and members of the United States house of representatives pursuant to subdivisions (a)(9) and (a)(16)-(18) shall be of a distinctive design approved by the department and shall bear, as applicable, the district number of house members, the number “1” or “2” for senators, based on seniority, and the appropriate number for judges, based on seniority of appointment. Unless a conflict exists with other designs, the designs used before July 1, 1984, shall be used.
(f) Whenever a spouse having a cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate is divorced and no longer entitled to the plate, the spouse no longer entitled to that plate shall deliver the plate to the county clerk, and the county clerk shall issue a regular plate valid for the same period as the cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate.
(g) [Deleted by 2023 amendment.]

2 Backlinks

§ 55-4-203. Issuance — Category — Supplemental registration — Eligibility. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) All registration plates issued under this part shall be issued in one (1) of the following categories:
1. (1) Antique motor vehicle;
2. (2) Cultural;
3. (3) Dealer;
4. (4) Disabled;
5. (5) Emergency;
6. (6) Firefighter;
7. (7) General assembly;
8. (8) Government service;
9. (9) Judiciary;
10. (10) Legislator Emeritus;
11. (11) Memorial;
12. (12) National Guard;
13. (13) New specialty earmarked;
14. (14) OEM headquarters company;
15. (15) Off-highway vehicles:
  1. (A) Class I off-highway vehicles; and
  2. (B) Class II off-highway vehicles;
16. (16) Physician;
17. (17) Sheriff;
18. (18) Specialty earmarked;
19. (19) United States house of representatives;
20. (20) United States judge; and
21. (21) United States senate.
3 Backlinks
(b)
1. (1) Registration plates currently provided under the “dealer,” “government service,” “disabled,” and “national guard” categories shall be issued in design configurations and colors which distinguish the plates from those of other categories, and in a manner which would avoid confusion with any other registration plates.
2. (2) Registration plates issued in any other category shall be issued in a design configuration distinctive to that category and determined by the commissioner, and shall bear at the top of the plate the word “Tennessee” or “Tenn” and at the bottom the name of the category. In addition, the plates in each category may bear identifying letter prefixes to distinguish the group within the category, and shall bear identifying number suffixes to identify the individual registrant.
  1 Backlink
  - 55-4-220(c)
(c) The groups within each category having multiple plates shall be as follows:
1. (1) Emergency:
  1. (A) Amateur radio;
    1 Backlink
    
    55-4-225(e)(1)
  2. (B) Auxiliary police;
    1 Backlink
    
    55-4-223(a)
  3. (C) Civil air patrol;
  4. (D) Civil defense;
  5. (E) Rescue squad;
  6. (F) Emergency services squad, including, but not limited to, emergency medical technicians and paramedics;
  7. (G) Police officer;
  8. (H) Trauma physicians;
  9. (I) Trauma nurses;
  10. (J) On-call surgical personnel;
  11. (K) Constables;
  12. (L) Tennessee state guard;
  13. (M) United States coast guard auxiliary; and
  14. (N) Emergency communication dispatchers;
2. (2) Judiciary:
  1. (A) Supreme court;
  2. (B) Court of appeals;
  3. (C) Court of criminal appeals;
  4. (D) Chancery court;
  5. (E) Circuit court;
  6. (F) Probate court;
  7. (G) Juvenile court;
  8. (H) General sessions court;
  9. (I) Retired judges of courts, not-of-record;
  10. (J) Municipal court judges; and
  11. (K) Magistrates;
3. (3) National Guard:
  1. (A) Enlisted;
  2. (B) Honorably discharged members;
  3. (C) Officers; and
  4. (D) Retirees;
  2 Backlinks
  - 55-4-271(a)(1)
  - 55-4-271(c)
4. (4) Memorial:
  1. (A) Air Force Cross recipient;
  2. (B) Air Medal (Valor) recipients;
  3. (C) Bronze Star (Valor) recipients;
  4. (D) Disabled veteran;
  5. (E) Distinguished Flying Cross recipients;
  6. (F) Distinguished Service Cross recipient;
  7. (G) Former prisoner of war;
  8. (H) Gold star family;
  9. (I) Holder of the Purple Heart;
  10. (J) Medal of honor recipient;
  11. (K) Navy Cross recipient; and
  12. (L) Silver Star recipients;
  6 Backlinks
5. (5) Cultural:
  1. (A) Antique Auto (unrestricted use) [Obsolete. See the Compiler's Notes.];
  2. (B) Arts, as provided for in § 55-4-217 and § 55-4-240;
  3. (C) Collegiate, as defined in § 55-4-201:
    1. (i) Bryan College;
    2. (ii) Cumberland University [Obsolete. See the Compiler's Notes.];
    3. (iii) Penn State University;
    4. (iv) University of Arkansas;
    5. (v) University of Florida;
    6. (vi) University of Mississippi;
    7. (vii) All collegiate plates issued as cultural motor vehicle registration plates prior to July 1, 1998; and
    8. (viii) All collegiate plates administratively issued by the department on or after July 1, 1998, pursuant to § 55-4-210;
    1 Backlink
    
    55-4-201(1)
  4. (D) Delta Kappa Gamma Society International;
  5. (E) Honorary consular;
  6. (F) Metropolitan council;
    2 Backlinks
    
    55-4-214(c)(10)
    55-4-214(e)
  7. (G) Military:
    1. (i) 5th Special Forces Group (Airborne);
    2. (ii) Air Medal (Meritorious) recipients;
    3. (iii) Army ranger;
    4. (iv) Blue star family;
    5. (v) Bronze Star (Meritorious) recipients;
      1 Backlink
      
      55-4-271(b)
    6. (vi) Coast Guard Medal;
    7. (vii) Coast Guard Commendation Medal;
    8. (viii) Combat Action Badge;
    9. (ix) Combat Infantryman Badge;
      1 Backlink
      
      55-4-271(b)
    10. (x) Combat Medical Badge;
    11. (xi) Combat veterans;
    12. (xii) Disabled Veteran (service-connected);
    13. (xiii) “Enemy Evadees” as certified by the department of veterans services;
    14. (xiv) Honorably discharged veterans of the United States Armed Forces;
    15. (xv) Legion of Merit recipients;
    16. (xvi) Marine Corps League;
    17. (xvii) Paratrooper;
    18. (xviii) Pearl Harbor survivors;
    19. (xix) Presidential Service Badge;
    20. (xx) Rakkasans;
    21. (xxi) Submarine veteran;
    22. (xxii) Tennessee woman veteran, pursuant to § 55-4-267;
    23. (xxiii) United States military, active forces, pursuant to § 55-4-252;
    24. (xxiv) United States military, honorably discharged members, pursuant to § 55-4-252;
    25. (xxv) United States military, retired forces, pursuant to § 55-4-252;
    26. (xxvi) United States reserve forces, pursuant to § 55-4-254;
    27. (xxvii) United States reserve forces, honorably discharged members, pursuant to § 55-4-252;
    28. (xxviii) United States reserve forces, retired, pursuant to § 55-4-252; and
    29. (xxix) Women Veterans of Color;
    2 Backlinks
    
    55-4-251(a)
    55-4-271(c)
  8. (H) Personalized, pursuant to §§ 55-4-210 and 55-4-214;
  9. (I) Police Benevolent Association; and
  10. (J) Retired female firefighter;
  11. (K) Retired firefighter.
  2 Backlinks
  - 55-4-201(2)(A)(i)
  - 55-4-271(a)(1)
6. (6) Specialty earmarked:
  1. (A) Agriculture;
  2. (B) Alpha Kappa Alpha Sorority;
  3. (C) Alpha Phi Alpha;
  4. (D) CHILDREN FIRST!;
  5. (E) Delta Sigma Theta Sorority, Inc.;
  6. (F) Ducks Unlimited;
  7. (G) Environmental;
  8. (H) Friends of Great Smoky Mountains;
  9. (I) Helping school volunteer;
  10. (J) Kappa Alpha Psi;
  11. (K) Nongame and endangered wildlife species or “Watchable Wildlife”;
  12. (L) Omega Psi Phi;
  13. (M) Phi Beta Sigma;
  14. (N) Supporters of Saint Jude Children's Research Hospital; and
  15. (O) Zeta Phi Beta; and
  1 Backlink
  - 55-4-201(9)
7. (7) New specialty earmarked plates, as defined in § 55-4-201:
  1. (A) 100 Black Men;
  2. (B) 101st Airborne Screaming Eagle [Obsolete. See the Compiler's Notes.];
  3. (C) A Soldier's Child;
  4. (D) African American Breast Cancer Awareness [Obsolete. See the Compiler's Notes.];
  5. (E) Alcorn State University [Obsolete. See the Compiler's Notes.];
  6. (F) ALS Awareness [Obsolete. See the Compiler's Notes.];
  7. (G) Alumni Program of the University of Tennessee, Knoxville;
  8. (H) Alzheimer's Association [Obsolete. See the Compiler’s Notes.];
  9. (I) America at Its Best;
  10. (J) AMVETS [Obsolete. See the Compiler's Notes.];
  11. (K) Animal Friendly;
  12. (L) Appalachian Trail;
  13. (M) Atlanta Braves;
  14. (N) Autism Awareness;
  15. (O) Back the Blue [Obsolete. See the Compiler's Notes.];
  16. (P) Baylor School [Obsolete. See the Compiler’s Notes.];
  17. (Q) Bays Mountain;
  18. (R) BE NICE [Obsolete. See the Compiler's Notes.];
  19. (S) Big Brothers Big Sisters;
  20. (T) Blood Donor [Obsolete. See the Compiler's Notes.];
  21. (U) Boone Lake Association [Obsolete. See the Compiler's Notes.];
  22. (V) Boy Scouts of America [Obsolete. See the Compiler’s Notes.];
  23. (W) Bristol Motor Speedway;
  24. (X) CASA [Obsolete. See the Compiler's Notes.];
  25. (Y) Chattanooga [Obsolete. See the Compiler's Notes.];
  26. (Z) Chattanooga Football Club;
  27. (AA) Child Development Services of Murfreesboro;
  28. (BB) Childhood Cancer Awareness [Obsolete. See the Compiler's Notes.];
  29. (CC) Childhood Hunger Awareness [Obsolete. See the Compiler’s Notes.];
  30. (DD) Children's Hospital at Erlanger [Obsolete. See the Compiler’s Notes.];
  31. (EE) Choose Life;
  32. (FF) Civil War Preservation;
  33. (GG) Clement Railroad Hotel Museum [Obsolete. See the Compiler's Notes.];
  34. (HH) Combat Action [Obsolete. See the Compiler's Notes.];
  35. (II) Crusade Against Darkness;
  36. (JJ) Cystic Fibrosis Awareness [Obsolete. See the Compiler's Notes.];
  37. (KK) D.A.R.E. [Obsolete. See the Compiler's Notes.];
  38. (LL) Delta Kappa Gamma Society International [Obsolete. See the Compiler's Notes.];
  39. (MM) Diabetes Awareness [Obsolete. See the Compiler’s Notes.];
  40. (NN) Dollywood Foundation;
  41. (OO) Domestic Violence and Sexual Assault Awareness [Obsolete. See the Compiler's Notes.];
  42. (PP) Down Syndrome Awareness;
  43. (QQ) Drive Electric Tennessee;
  44. (RR) “Driving To A Cure” (Pink Ribbon);
  45. (SS) Dyslexia Awareness [Obsolete. See the Compiler's Notes.];
  46. (TT) Eagle Foundation;
  47. (UU) East Tennessee Children's Hospital;
  48. (VV) Eastern Star [Obsolete. See the Compiler's Notes.];
  49. (WW) Elizabethton Cyclones;
  50. (XX) Enjoy the Ride;
  51. (YY) Explore TN;
  52. (ZZ) Fallen Linemen [Obsolete. See the Compiler's Notes.];
  53. (AAA) Fallen Police and Firefighters [Obsolete. See the Compiler's Notes.];
  54. (BBB) Fighting for At-Risk Youth [Obsolete. See the Compiler's Notes.];
  55. (CCC) Fighting for the Bullys;
  56. (DDD) First State Flag;
  57. (EEE) Fish and wildlife species;
  58. (FFF) Fisk University;
  59. (GGG) Fraternal Order of Police;
  60. (HHH) Friends of Shelby Park and Bottoms;
  61. (III) Friends of Sycamore Shoals Historic Area, Inc.;
  62. (JJJ) Germantown Charity Horse Show [Obsolete. See the Compiler's Notes.];
  63. (KKK) Golfer;
  64. (LLL) Greene County School System [Obsolete. See the Compiler's Notes.];
  65. (MMM) Habitat for Humanity [Obsolete. See the Compiler's Notes.];
  66. (NNN) Hampton University;
  67. (OOO) Historic Collierville [Obsolete. See the Compiler’s Notes.];
  68. (PPP) Historic Franklin;
  69. (QQQ) Historic Jonesborough;
  70. (RRR) Historic Maury;
  71. (SSS) Historic Whitehaven [Obsolete. See the Compiler’s Notes.];
  72. (TTT) Honor the Fallen;
  73. (UUU) Honoring Law Enforcement;
  74. (VVV) I RECYCLE;
  75. (WWW) I Stand with Israel [Obsolete. See the Compiler's Notes.];
  76. (XXX) Improve Hendersonville;
  77. (YYY) In Remembrance [Obsolete. See the Compiler’s Notes.];
  78. (ZZZ) International Association of Firefighters;
  79. (AAAA) Isaiah 117 House;
  80. (BBBB) Jackson State University;
  81. (CCCC) Justin P. Wilson Cumberland Trail State Scenic Trail State Park [Obsolete. See the Compiler’s Notes.];
  82. (DDDD) Juvenile Diabetes Research Foundation (JDRF) [Obsolete. See the Compiler's Notes.];
  83. (EEEE) Kappa Delta Sorority;
  84. (FFFF) Kiwanis International [Obsolete. See the Compiler's Notes.];
  85. (GGGG) Knights of Columbus [Obsolete. See the Compiler's Notes.];
  86. (HHHH) Le Bonheur Children's Medical Center;
  87. (IIII) Let Freedom Ring [Obsolete. See the Compiler's Notes.];
  88. (JJJJ) Linemen Power Tennessee;
  89. (KKKK) Look Twice Save a Life;
  90. (LLLL) Louisiana State University [Obsolete. See the Compiler's Notes.];
  91. (MMMM) Loyal Order of Moose [Obsolete. See the Compiler's Notes.];
  92. (NNNN) Lung Cancer Awareness [Obsolete. See the Compiler's Notes.];
  93. (OOOO) Lupus Foundation;
  94. (PPPP) Make-A-Wish Foundation [Obsolete. See the Compiler's Notes.];
  95. (QQQQ) Martin Luther King, Jr. [Obsolete. See the Compiler's Notes.];
  96. (RRRR) Masons;
  97. (SSSS) Memphis Grizzlies;
  98. (TTTT) Memphis Rock ‘n’ Soul Museum;
  99. (UUUU) Memphis/Shelby County Schools Alumni [Obsolete. See the Compiler's Notes.];
  100. (VVVV) Methodist Le Bonheur Healthcare [Obsolete. See the Compiler's Notes.];
  101. (WWWW) Millennial Debt Foundation;
  102. (XXXX) Monroe Carell Jr. Children's Hospital at Vanderbilt;
  103. (YYYY) Mothers Against Drunk Driving (MADD);
  104. (ZZZZ) Mountain Tough [Obsolete. See the Compiler's Notes.];
  105. (AAAAA) Muse Knoxville [Obsolete. See the Compiler's Notes.];
  106. (BBBBB) Nashville Cares [Obsolete. See the Compiler's Notes.];
  107. (CCCCC) Nashville Parks Foundation [Obsolete. See the Compiler's Notes.];
  108. (DDDDD) Nashville Predators;
  109. (EEEEE) Nashville SC;
  110. (FFFFF) National Rifle Association;
  111. (GGGGG) National Wild Turkey Federation;
  112. (HHHHH) Natural Gas Fuels Tennessee [Obsolete. See the Compiler's Notes.];
  113. (IIIII) Niswonger Children's Hospital;
  114. (JJJJJ) North Carolina State University [Obsolete. See the Compiler's Notes.];
  115. (KKKKK) Nurses;
  116. (LLLLL) Ohio State University [Obsolete. See the Compiler's Notes.];
  117. (MMMMM) Old Friends Senior Dog Sanctuary;
  118. (NNNNN) Order of The Eastern Star [Obsolete. See the Compiler's Notes.];
  119. (OOOOO) Pancreatic Cancer Awareness [Obsolete. See the Compiler's Notes.];
  120. (PPPPP) Pat Summitt Foundation;
  121. (QQQQQ) Police Activities League [Obsolete. See the Compiler’s Notes.];
  122. (RRRRR) Promote Peace;
  123. (SSSSS) Prostate Cancer Awareness [Obsolete. See the Compiler's Notes.];
  124. (TTTTT) Protecting Rivers and Clean Waters;
  125. (UUUUU) Radnor Lake;
  126. (VVVVV) Regional Medical Center at Memphis (The MED);
  127. (WWWWW) Remote Area Medical;
  128. (XXXXX) Respiratory therapists;
  129. (YYYYY) River Life;
  130. (ZZZZZ) Robotics in Education;
  131. (AAAAAA) Rotary International [Obsolete. See the Compiler's Notes.];
  132. (BBBBBB) Save Our Smokies [Obsolete. See the Compiler's Notes.];
  133. (CCCCCC) Save the Bees;
  134. (DDDDDD) Service Dogs;
  135. (CCCCCC) Service Dogs Changing Lives;
  136. (DDDDDD) Share the Road;
  137. (EEEEEE) Sheriff's and Police Activities League of Memphis and Shelby County [Obsolete. See the Compiler's Notes.];
  138. (FFFFFF) Sickle Cell Foundation;
  139. (GGGGGG) Smallmouth bass;
  140. (HHHHHH) Sons of Confederate Veterans;
  141. (IIIIII) Special Olympics;
  142. (JJJJJJ) Sportsman;
  143. (KKKKKK) Strictly Vettes [Obsolete. See the Compiler’s Notes.];
  144. (LLLLLL) Stronger Than My Father;
  145. (MMMMMM) Suicide Prevention [Obsolete. See the Compiler's Notes.];
  146. (NNNNNN) Support Our Troops;
  147. (OOOOOO) Tennessee Association of Realtors;
  148. (PPPPPP) Tennessee Chamber of Commerce and Industry [Obsolete. See the Compiler's Notes.];
  149. (QQQQQQ) Tennessee Councils of the Boy Scouts of America;
  150. (RRRRRR) Tennis Memphis [Obsolete. See the Compiler's Notes.];
  151. (SSSSSS) Tennessee School Nutrition Association [Obsolete. See the Compiler's Notes.];
  152. (TTTTTT) Tennessee Sheriffs' Association;
  153. (UUUUUU) Tennessee Tech University [Obsolete. See the Compiler's Notes.];
  154. (VVVVVV) Tennessee Titans;
  155. (WWWWWW) Tennessee Voices for Victims [Obsolete. See the Compiler's Notes.];
  156. (XXXXXX) Tennessee Walking Horse;
  157. (YYYYYY) Tennessee Wildlife Federation;
  158. (ZZZZZZ) Tennessee Wildlife Federation nongame and education programs;
  159. (AAAAAAA) TennesSEIA [Obsolete. See the Compiler's Notes.];
  160. (BBBBBBB) The Center for Living and Learning, Inc. [Obsolete. See the Compiler's Notes.];
  161. (CCCCCCC) The Compassionate Friends [Obsolete. See the Compiler's Notes.];
  162. (DDDDDDD) The Equity Alliance;
  163. (EEEEEEE) The Fairgrounds Nashville [Obsolete. See the Compiler's Notes.];
  164. (FFFFFFF) The Ohio State University [Obsolete. See the Compiler's Notes.];
  165. (GGGGGGG) The Volunteer State;
  166. (HHHHHHH) Tiger Haven;
  167. (IIIIIII) TN Back the Blue [Obsolete. See the Compiler's Notes.];
  168. (JJJJJJJ) Trout Unlimited;
  169. (KKKKKKK) University of Miami [Obsolete. See the Compiler's Notes.];
  170. (LLLLLLL) University of North Carolina;
  171. (KKKKKKK) University of South Carolina [Obsolete. See the Compiler's Notes.];
  172. (LLLLLLL) University of Tennessee Health Science Center;
  173. (MMMMMMM) University of Tennessee Lady Volunteers' NCAA National Championships;
  174. (NNNNNNN) University of Tennessee National Championship;
  175. (OOOOOOO) University of Texas [Obsolete. See the Compiler's Notes.];
  176. (PPPPPPP) USTA Tennessee;
  177. (QQQQQQQ) VFW [Obsolete. See the Compiler's Notes.];
  178. (RRRRRRR) West Virginia University [Obsolete. See the Compiler's Notes.];
  179. (SSSSSSS) Whitehaven High School [Obsolete. See the Compiler's Notes.];
  180. (TTTTTTT) Wilder Reign;
  181. (UUUUUUU) Wilson County The Place to Be;
  182. (VVVVVVV) Women's Suffrage Centennial [Obsolete. See the Compiler's Notes.];
  183. (WWWWWWW) Youth Villages.
  2 Backlinks
  - 55-4-344(f)(3)(B)
  - 55-4-352(d)(3)(B)
(d)
1. (1) No registration plate shall be issued under this section unless authorized by this part. Registration under this part is supplemental to the motor vehicle title and registration law, compiled in chapters 1-6 of this title, and nothing in this part shall be construed as abridging or amending that law. An applicant with more than one (1) motor vehicle titled or leased in that applicant's name, or applicants with more than one (1) motor vehicle jointly titled and/or leased in their names are entitled to an unlimited number of registration plates under the applicable provision of law, as long as all other special fees and regular costs are paid by the applicant and all requirements set out in parts 1 and 2 of this chapter are followed.
2. (2) No qualified person shall receive more than one (1) free plate, unless the issuance of additional free plates is specifically authorized by the statute creating the cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate.
(e) Registration plates issued to United States judges, United States senators, and members of the United States house of representatives pursuant to subdivisions (a)(9) and (a)(16)-(18) shall be of a distinctive design approved by the department and shall bear, as applicable, the district number of house members, the number “1” or “2” for senators, based on seniority, and the appropriate number for judges, based on seniority of appointment. Unless a conflict exists with other designs, the designs used before July 1, 1984, shall be used.
(f) Whenever a spouse having a cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate is divorced and no longer entitled to the plate, the spouse no longer entitled to that plate shall deliver the plate to the county clerk, and the county clerk shall issue a regular plate valid for the same period as the cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate.
(g)
1. (1) Registration plates issued to honorary consulars pursuant to subdivision (c)(5)(C) shall be of a distinctive design approved by the department and shall bear, as applicable, the words “Honorary Consul” and an appropriate number.
2. (2) The revised honorary consular plates issued pursuant to this section shall be delivered to qualified persons upon renewal of registration of the vehicle to which the plates are issued. No person with honorary consular plates shall be required to exchange the plates until the renewal of registration of the vehicle to which the plates are issued.

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§ 55-4-204. Fees.

(a) In addition to title, registration, transfer or other fees or taxes otherwise applicable under this title, persons applying for and receiving registration plates under this part shall pay additional fees as follows:
1. (1) Antique motor vehicle — thirty dollars ($30.00), pursuant to § 55-4-111(a)(1) Class C and as provided for in § 55-4-111(b);
2. (2) Dealers, as provided for in § 55-4-226;
3. (3) Disabled — regular fee applicable to the vehicle, except as expressly provided otherwise in § 55-21-103;
4. (4) Emergency:
  1. (A) Amateur radio:
    1. (i) Regular fee applicable to the vehicle, if the applicant meets the qualifications of § 55-4-225(e); or
    2. (ii) Twenty-five dollars ($25.00), if the applicant does not meet the qualifications of § 55-4-225(e);
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      55-4-225(e)(1)
      55-4-225(e)(2)
  2. (B) On-call surgical personnel — regular fee applicable to the vehicle and as provided for in § 55-4-223(i);
  3. (C) Police officer — regular fee applicable to the vehicle and as provided for in § 55-4-223(f);
  4. (D) Regular fee applicable to the vehicle and as provided for in § 55-4-223 for the following special purpose plates:
    1. (i) Auxiliary police;
    2. (ii) Civil air patrol;
    3. (iii) Civil defense;
    4. (iv) Constables;
    5. (v) Emergency services squad, including, but not limited to, emergency medical technicians, paramedics, emergency medical technician-paramedics, other emergency medical services providers or emergency medical responders, or physicians or nurses on the scene or accompanying or attending a patient in an ambulance;
    6. (vi) Rescue squad; and
    7. (vii) Emergency communication dispatchers;
  5. (E) Tennessee state guard — regular fee applicable to the vehicle and a fee proportionately equal to the cost of actually designing and manufacturing the plates to ensure that the issuance of the plates is revenue neutral; provided, that the fee shall only be applicable upon initial issuance or reissuance of the plates provided for in this section and shall not be applicable at the time of renewal;
  6. (F) Trauma nurses — regular fee applicable to the vehicle and as provided for in § 55-4-223(h);
  7. (G) Trauma physicians — regular fee applicable to the vehicle and as provided for in § 55-4-223(g); and
  8. (H) United States coast guard auxiliary — regular fee applicable to the vehicle and a fee proportionately equal to the cost of actually designing and manufacturing the plates to ensure that the issuance of the plates is revenue neutral; provided, that the fee shall only be applicable upon initial issuance or reissuance of the plates provided for in this section and shall not be applicable at the time of renewal;
5. (5) Firefighter — regular fee applicable to the vehicle and as provided for in § 55-4-224;
6. (6) General assembly — twenty-five dollars ($25.00);
7. (7) Government service — as provided for in § 55-4-219;
8. (8) Judiciary — twenty-five dollars ($25.00);
9. (9) National guard: enlisted, officers, retirees and honorably discharged members — as provided for in § 55-4-255;
10. (10) Physician — twenty-five dollars ($25.00);
11. (11) Sheriff — twenty-five dollars ($25.00);
12. (12) [Deleted by 2023 amendment.]
13. (13) United States house of representatives — twenty-five dollars ($25.00);
14. (14) United States judge — twenty-five dollars ($25.00);
15. (15) United States senate — twenty-five dollars ($25.00);
16. (16) Regular fee as provided for in Class H of § 55-4-111(a)(1) and as provided for in part 7 of this chapter for Class I off-highway vehicles and Class II off-highway vehicles; and
17. (17) Legislator Emeritus — twenty-five dollars ($25.00).
(b) The following plates shall be issued free of charge and in the number specified by the section authorizing the issuance of the individual plate; provided, that the appropriate criteria are met by the applicant:
1. Memorial:
2. (1) Air Force Cross recipients;
3. (2) Air Medal (Valor) recipients;
4. (3) Bronze Star (Valor) recipients;
5. (4) Disabled Veterans, including those disabled veterans who choose to receive the Purple Heart plate pursuant to § 55-4-257(e);
6. (5) Distinguished Flying Cross recipients;
7. (6) Distinguished Service Cross recipients;
8. (7) Former Prisoner of War;
9. (8) Gold star family;
10. (9) Holder of the Purple Heart;
11. (10) Medal of Honor recipients;
12. (11) Navy Cross recipients; and
13. (12) Silver Star recipients.
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(c)
1. (1) The following military cultural plates shall be issued upon the payment of the regular registration fee and a fee equal to the cost of actually designing and manufacturing the plates; provided, that the issuance of these plates shall be revenue neutral:
  1. (A) 5th Special Forces Group (Airborne);
  2. (B) Air Medal (Meritorious) recipients;
  3. (C) Army ranger;
  4. (D) Blue Star family;
  5. (E) Bronze Star (Meritorious) recipients;
  6. (F) Coast Guard Medal;
  7. (G) Coast Guard Commendation Medal;
  8. (H) Combat Action Badge;
  9. (I) Combat Infantryman Badge;
  10. (J) Combat Medical Badge;
  11. (K) Combat veterans;
  12. (L) Disabled Veteran (service-connected);
  13. (M) “Enemy Evadees,” as certified by the department of veterans services, pursuant to § 55-4-263;
  14. (N) Honorably discharged veterans of the United States armed forces, pursuant to § 55-4-253;
  15. (O) Legion of Merit recipients;
  16. (P) Marine Corps League;
  17. (Q) Paratrooper;
  18. (R) Pearl Harbor survivors, pursuant to § 55-4-262;
  19. (S) Presidential Service Badge;
  20. (T) Rakkasans;
  21. (U) Submarine veteran;
  22. (V) Tennessee woman veteran, pursuant to § 55-4-267;
  23. (W) United States military, active forces, pursuant to § 55-4-252;
  24. (X) United States military, honorably discharged members, pursuant to § 55-4-252;
  25. (Y) United States military, retired, pursuant to § 55-4-252;
  26. (Z) United States reserve forces, honorably discharged members, pursuant to § 55-4-252;
  27. (AA) United States reserve forces, pursuant to § 55-4-254;
  28. (BB) United States reserve forces, retired, pursuant to § 55-4-252; and
  29. (CC) Women Veterans of Color.
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2. (2) Notwithstanding any law to the contrary, the payment of the fee equal to the cost of actually designing and manufacturing the plates provided in subdivision (c)(1) shall only be applicable upon initial issuance or reissuance of the plates specified in subdivision (c)(1) and shall not be applicable at the time of renewal.
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(d) All other cultural, specialty earmarked and new specialty earmarked plates authorized by this part shall be issued upon the payment of a fee of thirty-five dollars ($35.00), in addition to the regular registration fee, in accordance with § 55-4-202(b)(2).
(e) OEM headquarters company plates shall be issued free of charge as provided for in § 55-4-227.
(f) For purposes related to this chapter, the department may authorize the state treasurer to establish a program for the sale of nonrefundable gift vouchers, gift cards, rebates, incentives, debit cards or any other form of electronic payments. The state treasurer, or designated entity, may administer all or any portion of the program regarding the use of such gift vouchers, gift cards, rebates, incentives, debit cards or any other form of electronic payments. The treasurer may charge for reasonable administration costs, or authorize the designated entity to charge a fee to defray such costs.

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§ 55-4-205. Seven characters maximum.

Registration plates issued under this part may bear up to seven (7) characters or positions for a passenger motor vehicle, recreational vehicle or truck of one-half or three-quarter-ton rating, or, if authorized, up to six (6) characters or positions for a motorcycle.

§ 55-4-206. Rules and regulations — Compliance with state license laws — Location for making application for plates — Waiver of county name requirement.

(a) The commissioner, or any other department commissioner designated with responsibility in this section, shall make rules and regulations as are necessary to require compliance with all state license laws relating to the use and operation of a motor vehicle before issuing cultural, specialty earmarked or new specialty earmarked plates, memorial plates or special purpose plates in lieu of the regular Tennessee license plates, and all applications for the plates shall be made to the county clerk of the county wherein the applicant resides, unless provided for otherwise.
(b) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) Notwithstanding § 55-4-103(b)(4), if additional space is needed on any cultural, specialty earmarked or new specialty earmarked plate, memorial plate or special purpose plate issued pursuant to this part for a logo or other identifying message, the commissioner shall be authorized to waive the requirement that the plates specify the name of the county of issue.
(d) The commissioner is authorized to facilitate delivery of any new specialty earmarked, emergency, firefighter, national guard, memorial or military plate authorized for a motorcycle in this part in a manner that maximizes efficiency and costs, and is not unduly burdensome to either the department or county clerks.

§ 55-4-207. Expiration and renewal.

(a) Notwithstanding § 55-4-104 or other provisions of part 1 of this chapter, all license plates issued under this part and certificates of registration shall not expire on March 31 of each year, but rather shall expire pursuant to subsection (b).
(b) With respect to motor vehicles using plates issued pursuant to this part, the commissioner shall establish a system of registration renewals at alternate intervals which will allow for the distribution of the registration workload as uniformly as is practicable throughout the calendar year. Registrations issued under the alternate method are valid for twelve (12) months, and expire on the last day of the last month of the registration period. However, during a transition period, or at any time thereafter when the commissioner shall determine that the volume of work for any given interval is unduly burdensome or costly, either registrations or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for registration of any vehicle under the alternate interval method for a period of other than twelve (12) months shall be proportionate to the annual fee fixed for the vehicle and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar ($0.25).
(c) Notwithstanding this section, dealer plates shall be issued and renewed pursuant to § 55-4-226.

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§ 55-4-208. Reimbursement of cost.

The cost of any registration plate that is provided without cost to an individual on account of employment, membership, or participation in any agency, department, organization, or governmental entity shall be reimbursed to the department by the agency, department, organization, or governmental entity of which the person is an employee, member, or participant.

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55-6-102(c)

§ 55-4-209. Disabled drivers.

(a) Registration plates for disabled drivers shall be issued in accordance with this chapter and chapter 21 of this title.
(b)
1. (1) Persons who are eligible to purchase or receive a license plate or plates of distinctive design for disabled drivers pursuant to chapter 21 of this title may elect to personalize the plate or plates pursuant to §§ 55-4-214 and 55-21-103.
2. (2) Personalized plates for disabled drivers must bear the stylized wheelchair symbol or symbol of access in accordance with § 55-21-104.
3. (3) The issuance and renewal of plates for disabled drivers shall otherwise comply with §§ 55-4-214 and 55-4-218, including annual payment by the applicant of a twenty-five-dollar ($25.00) fee for each personalized plate in addition to the regular registration fee, if the regular registration fee is applicable.

§ 55-4-210. Authorization — Issuance.

(a) The department is authorized to administratively issue personalized plates to qualified applicants; provided, that the minimum issuance requirements of § 55-4-202(b)(3) and all other requirements of this part are met.
(b) The department is additionally authorized to administratively issue collegiate plates, as defined in § 55-4-201, that have a special reference to or identification or information on a two-year or four-year college or university located within Tennessee or a four-year college or university located outside Tennessee to qualified applicants; provided, that the minimum issuance requirements of § 55-4-202(b)(3) and all other requirements of this part are met for each classification of collegiate plates.
(c)
1. (1) All cultural, specialty earmarked and new specialty earmarked plates, including personalized and collegiate plates, may be issued for private passenger automobiles, recreational vehicles and trucks of one-half or three-quarter-ton rating, unless specifically prohibited by § 55-4-214.
  1 Backlink
  - 55-4-212(a)(4)(A)
2. (2) Personalized and collegiate plates may also be issued for motorcycles, provided the minimum issuance requirements of § 55-4-202(b)(3) are met.
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(d)
1. (1) The commissioner shall not issue any license plate commemorating any practice which is contrary to the public policy of the state, nor shall the commissioner issue any license plate to any entity whose goals and objectives are contrary to the public policy of Tennessee.
2. (2) The commissioner shall refuse to issue any combination of letters, numbers or positions that may carry connotations offensive to good taste and decency or that are misleading.
1 Backlink
- 55-4-214(b)(3)
(e) Registration numbers for license plates issued pursuant to this part shall not conflict with or duplicate the registration numbers for any existing passenger, recreational, commercial, trailer or motor vehicle registration plates that are presently issued pursuant to statute, resolution, executive order, or custom.
(f)
1. (1) The department is authorized to design, issue, and renew, or to authorize a designee to issue and renew, off-highway vehicle plates for the following vehicles registered by residents of this state:
  1. (A) Class I off-highway vehicles; and
  2. (B) Class II off-highway vehicles.
  1 Backlink
  - 55-4-702(a)
2. (2) The department is authorized to design and authorize a designee to issue and renew off-highway vehicle temporary permits in lieu of plates for off-highway vehicles registered by nonresidents. An off-highway vehicle temporary permit is valid for thirty (30) days.
3. (3) The department is authorized to contract with county clerks and with private vendors for the issuance and renewal of off-highway vehicle plates and off-highway temporary permits.
1 Backlink
- 55-4-701(a)
(g) The department of revenue shall design, in consultation with a representative of the University of Tennessee Southern, a University of Tennessee Southern collegiate plate to be administratively issued in accordance with this section.

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§ 55-4-211. Computerization of applications and records.

The commissioner is urged to take the necessary steps to computerize applications for and records of the cultural, specialty earmarked and new specialty earmarked plates, memorial plates and special purpose plates authorized by this part.

§ 55-4-212. Miscellaneous provisions.

(a) This subsection (a) shall apply to the issuance and renewal of the cultural, specialty earmarked and new specialty earmarked plates authorized by this part, unless the section authorizing the issuance of an individual plate specifically provides otherwise:
1. (1) The plates enumerated in this subsection (a) shall be issued in conformity with § 55-4-203;
2. (2) The plates shall contain the logo, emblem, insignia, or other distinctive design of the agency, organization, purpose or other entity which is being honored or recognized by the issuance of that specific plate;
3. (3) The plates shall be designed in consultation with the commissioner and the department's vehicle services director, in addition to any other person or entity designated to be consulted relative to the design of the plate in the section authorizing an individual plate;
4. (4) The plates shall include:
  1. (A) A unique identifying number not to exceed seven (7) characters or positions for a motor vehicle authorized by § 55-4-210(c)(1); or
  2. (B) If authorized, a unique identifying number not to exceed six (6) positions or characters for a motorcycle;
5. (5) No two (2) applicants shall be assigned identical registration numbers or identical license plates;
6. (6) Any eligible person may elect to exchange a regular registration plate for a plate enumerated in subsection (a); provided, that the fees prescribed under § 55-4-204 are paid;
7. (7) The whole or parts of the additional fee prescribed by § 55-4-204 for a cultural, specialty earmarked or new specialty earmarked plate shall not be refunded for the exchange of a regular plate;
8. (8) Additional such plates may be obtained by any eligible person upon payment of the regular license fee for plates, as prescribed under § 55-4-111, plus the payment of the fee prescribed in § 55-4-204;
9. (9) The plates enumerated in this subsection (a) shall be issued for the applicant's use only on the authorized motor vehicle, and in the event of a transfer of title, the transferor shall surrender the plate to the department through the county clerk;
10. (10) The plates may be transferred to another vehicle of the same weight class owned or leased by the same person upon proper application being made therefor and approved by the department; and
11. (11) It is unlawful for any person to whom the plates have been issued to knowingly permit them to be displayed on any motor vehicle, except as authorized by the department.
(b) This section shall also apply to the issuance and renewal of special purpose plates and memorial plates, unless the section authorizing the issuance of an individual memorial or special purpose plate specifically provides otherwise.

§ 55-4-213. Promotional campaign.

(a) To increase public knowledge of the availability of cultural, specialty earmarked and new specialty earmarked motor vehicle registration plates, the department shall conduct a promotional campaign, which shall include, but not be limited to, the inclusion of applications for, and information about, these plates with motor vehicle registration renewal notices.
(b) The promotional campaign authorized in subsection (a) shall include, but not be limited to:
1. (1) The inclusion of the following information in the motor vehicle registration renewal notices:
  1. (A) An application for cultural, specialty earmarked and new specialty earmarked plates;
  2. (B) An explanation of the formula by which the additional fees for each plate are allocated; and
  3. (C) An illustration of the plates, selected in consultation with the transportation and safety committee of the senate and transportation committee of the house of representatives; and
2. (2) The creation and distribution of a chart containing an illustration and the information required by subdivision (b)(1)(B) for each cultural, specialty earmarked and new specialty earmarked plate at each county clerk's office. The chart shall be printed on paper eight and one-half inches by seven inches (8½″ x 7″).
(c) For any insert included in the mailing of renewal notices which originates from a county and which causes the total postal weight to be over one ounce (1 oz.) as permitted by the United States postal service, the county shall pay the increased cost of mailing. However, the weight of any notice of a vehicle emissions testing requirement shall not be included in the calculation of the total weight.

§ 55-4-214. Personalized plates — Fees. [Effective on January 1, 2024. See version effective until January 1, 2024.]

(a)
1. (1) In addition to the personalized plates authorized by § 55-4-210, an applicant may, through the payment of a personalization fee of thirty-five dollars ($35.00), in addition to the regular registration fee and the thirty-five-dollar ($35.00) fee established by § 55-4-202(b)(2), obtain certain cultural, specialty earmarked and new specialty earmarked plates with a personalized combination of numbers, letters, positions or a combination of numbers, letters and positions.
2. (2) The personalization fee shall be paid by the applicant upon the issuance and renewal of any personalized plate.
(b)
1. (1) An applicant for the issuance of personalized motor vehicle registration plates or the personalization of cultural, specialty earmarked or new specialty earmarked motor vehicle registration plates pursuant to subsection (a) or the renewal of those plates in a subsequent registration year shall file an application in the form and by the date as the department may require, indicating the numbers, letters, positions or combination, requested as a registration number.
2. (2) The registration number shall consist of not less than three (3) nor more than seven (7) numbers, letters, positions or combination of numbers, letters or positions for a passenger motor vehicle, truck of one-half or three-quarter-ton rating or recreational vehicle or trailer or semitrailer that is not required to be registered but that the owner desires to be registered pursuant to § 55-4-111(c)(3), or, if authorized, not less than three (3) nor more than six (6) numbers, letters, positions or combination of numbers, letters or positions for a motorcycle.
3. (3) Registration numbers issued pursuant to this section shall be in compliance with § 55-4-210(d) and (e).
(c) The following plates shall not be eligible for personalization pursuant to this section, but may be personalized if the statute authorizing such plate permits or requires the plates to be personalized in some form:
1. (1) Dealer;
2. (2) Emergency;
3. (3) Firefighter, pursuant to § 55-4-224;
4. (4) General assembly;
5. (5) Government service;
6. (6) [Deleted by 2023 amendment.]
7. (7) Judiciary;
8. (8) Memorial, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250;
9. (9) Metropolitan council;
10. (10) Military, as enumerated in § 55-4-203(c)(5)(F);
11. (11) National guard;
12. (12) OEM headquarters company;
13. (13) Sheriff;
14. (14) [Deleted by 2023 amendment by ch. 250 § 3, effective July 1, 2023.]
15. (15) United States house of representatives;
16. (16) United States judge; and
17. (17) United States senate.
(d)
1. (1) Notwithstanding any provision of this title to the contrary, any person who fulfills the following conditions may continue to renew and be issued personalized plates that consist of two (2) letters, numbers, or a combination of letters and numbers:
  1. (A) The person was the owner of a passenger motor vehicle which was registered with the department prior to July 1, 1984; and
  2. (B) The person was issued a personalized motor vehicle registration plate which consisted of two (2) letters, numbers, or combination thereof prior to July 1, 1984.
2. (2) All other provisions of this title regarding registration and licensing of passenger motor vehicles shall apply to any registration plates issued in accordance with subdivision (d)(1).
(e) Notwithstanding subdivisions (c)(8) and (10), memorial plates, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250, and military plates, as enumerated in § 55-4-203(c)(5)(F), are eligible for personalization pursuant to this section. In addition to any other fees required by this section or by this part for the issuance of such plates, an applicant for the personalization of memorial or military plates shall pay a fee equal to the cost of actually designing and manufacturing the personalized plates. Nothing in this subsection (e) authorizes the removal or other redesign of any distinctive identification legend or letters required to be included on memorial or military plates.

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§ 55-4-214. Personalized plates — Fees. [Effective until January 1, 2024. See version effective on January 1, 2024.]

(a)
1. (1) In addition to the personalized plates authorized by § 55-4-210, an applicant may, through the payment of a personalization fee of thirty-five dollars ($35.00), in addition to the regular registration fee and the thirty-five-dollar ($35.00) fee established by § 55-4-202(b)(2), obtain certain cultural, specialty earmarked and new specialty earmarked plates with a personalized combination of numbers, letters, positions or a combination of numbers, letters and positions.
2. (2) The personalization fee shall be paid by the applicant upon the issuance and renewal of any personalized plate.
(b)
1. (1) An applicant for the issuance of personalized motor vehicle registration plates or the personalization of cultural, specialty earmarked or new specialty earmarked motor vehicle registration plates pursuant to subsection (a) or the renewal of those plates in a subsequent registration year shall file an application in the form and by the date as the department may require, indicating the numbers, letters, positions or combination, requested as a registration number.
2. (2) The registration number shall consist of not less than three (3) nor more than seven (7) numbers, letters, positions or combination of numbers, letters or positions for a passenger motor vehicle, truck of one-half or three-quarter-ton rating or recreational vehicle or trailer or semitrailer that is not required to be registered but that the owner desires to be registered pursuant to § 55-4-111(c)(3), or, if authorized, not less than three (3) nor more than six (6) numbers, letters, positions or combination of numbers, letters or positions for a motorcycle.
3. (3) Registration numbers issued pursuant to this section shall be in compliance with § 55-4-210(d) and (e).
(c) The following plates shall not be eligible for personalization pursuant to this section, but may be personalized if the statute authorizing such plate permits or requires the plates to be personalized in some form:
1. (1) Dealer;
2. (2) Emergency;
3. (3) Firefighter, pursuant to § 55-4-224;
4. (4) General assembly;
5. (5) Government service;
6. (6) Honorary consular;
7. (7) Judiciary;
8. (8) Memorial, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250;
9. (9) Metropolitan council;
10. (10) Military, as enumerated in § 55-4-203(c)(5)(F);
11. (11) National guard;
12. (12) OEM headquarters company;
13. (13) Sheriff;
14. (14) [Deleted by 2023 amendment.]
15. (15) United States house of representatives;
16. (16) United States judge; and
17. (17) United States senate.
(d)
1. (1) Notwithstanding any provision of this title to the contrary, any person who fulfills the following conditions may continue to renew and be issued personalized plates that consist of two (2) letters, numbers, or a combination of letters and numbers:
  1. (A) The person was the owner of a passenger motor vehicle which was registered with the department prior to July 1, 1984; and
  2. (B) The person was issued a personalized motor vehicle registration plate which consisted of two (2) letters, numbers, or combination thereof prior to July 1, 1984.
2. (2) All other provisions of this title regarding registration and licensing of passenger motor vehicles shall apply to any registration plates issued in accordance with subdivision (d)(1).
(e) Notwithstanding subdivisions (c)(8) and (10), memorial plates, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250, and military plates, as enumerated in § 55-4-203(c)(5)(F), are eligible for personalization pursuant to this section. In addition to any other fees required by this section or by this part for the issuance of such plates, an applicant for the personalization of memorial or military plates shall pay a fee equal to the cost of actually designing and manufacturing the personalized plates. Nothing in this subsection (e) authorizes the removal or other redesign of any distinctive identification legend or letters required to be included on memorial or military plates.

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§ 55-4-215. Allocation of revenue from personalized plates.

(a) Effective July 1, 1998, and for all subsequent fiscal years, all revenues produced from the sale or renewal of personalized plates and all revenues produced from the personalization of cultural, specialty earmarked and new specialty earmarked motor vehicle registration plates as authorized by §§ 55-4-214 and 55-4-241, or renewals of the plates, after deducting the expense the department has incurred in designing, manufacturing and marketing the plates, shall be allocated to the Tennessee arts commission created in title 4, chapter 20.
(b) Nothing in this section shall be construed as reallocating the revenues produced from the regular motor vehicle registration fees, or renewals thereof, imposed by part 1 of this chapter. Such revenues shall be allocated in accordance with § 55-6-107.
(c)
1. (1) Notwithstanding subsection (a), funds received from the sale of personalized trailer plates shall be earmarked as provided by this subsection (c). A general fund reserve is established to be allocated by the general appropriations act, which shall be known as the trailer license plate fund, referred to as the fund in this subsection (c).
2. (2) Moneys from the fund shall be expended to finance the development and maintenance of public horseback riding trails.
3. (3) Any revenues deposited in the fund shall remain in the fund until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30.
4. (4) Any excess revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years.
5. (5) Any appropriation from the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
6. (6) No moneys shall be expended from the fund unless the funds are specifically appropriated by the general appropriations act.

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55-4-216(b)(1)

§ 55-4-216. Allocation of revenue from cultural plates.

(a) Effective July 1, 1998, and for all subsequent fiscal years, all revenues produced from the sale or renewal of cultural motor vehicle registration plates as defined in § 55-4-201, excluding personalized plates and the arts plates authorized by § 55-4-240, after deducting the expense the department has incurred in designing, manufacturing and marketing the plates, shall be allocated as follows:
1. (1) Eighty percent (80%) of the funds shall be allocated to the Tennessee arts commission created in title 4, chapter 20; and
2. (2) Twenty percent (20%) of the funds shall be allocated to the state highway fund.
(b)
1. (1) Notwithstanding subsection (a), the revenues produced from the sale or renewal of personalized plates pursuant to § 55-4-210 and the revenues produced from the personalization of cultural, specialty earmarked and new specialty earmarked motor vehicle registration plates pursuant to §§ 55-4-214 and 55-4-241, or renewals thereof, shall be allocated in accordance with § 55-4-215.
2. (2) Notwithstanding this section, the revenues produced from the sale or renewal of the cultural plates to support the arts authorized by § 55-4-240 shall be allocated in accordance with § 55-4-217.
(c) Nothing in this section shall be construed as reallocating the revenues produced from the regular motor vehicle registration fees, or renewals thereof, imposed by part 1 of this chapter. The revenues shall be allocated in accordance with § 55-6-107.

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§ 55-4-217. Allocation of revenue from cultural earmarked plates.

(a) Notwithstanding any provision of this part to the contrary, all revenues produced in each fiscal year from the sale or renewal of the cultural earmarked plates to support the arts authorized by § 55-4-240, minus the expense the state has incurred in manufacturing the plates, shall be allocated to the Tennessee arts commission.
(b) Nothing in this section shall be construed as reallocating the revenues produced from the regular motor vehicle registration fees, or renewals thereof, imposed by part 1 of this chapter. The revenues shall be allocated in accordance with § 55-6-107.

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§ 55-4-218. Allocation of revenue from special purpose and memorial plates.

Effective July 1, 1998, and for all subsequent fiscal years, the revenues produced from the sale or renewal of special purpose motor vehicle registration plates and memorial motor vehicle registration plates as defined in § 55-4-201, after deducting the expense the department has incurred in manufacturing the plates, shall be allocated in accordance with § 55-6-107.

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§ 55-4-219. Governmental service.

(a)
1. (1)
  1. (A) Upon the sworn statement from the head of any department of state government or the county mayor of any county, or the mayor or other executive head of any town or city, or upon certification of authorized officials of the United States government, or upon the sworn statement from the chief of any private or volunteer fire department, that the motor vehicle for which application is being made for registration is owned or leased by the state, the county, municipality, United States government, or the private or volunteer fire department, and operated exclusively for essential governmental purposes or exclusively for fire protection purposes, the department, through the county clerk or as otherwise provided hereinafter, shall register the vehicles and issue registration plates upon the payment of one dollar and twenty-five cents ($1.25).
  2. (B) In addition to the governmental entities listed in subdivision (a)(1)(A), senior citizens service centers which meet the standards set by the commission on aging and disability for eligibility to receive state funds may also apply for government service plates under this section for vans owned by the centers and used exclusively for the centers' activities.
  3. (C) In addition to the governmental entities listed in subdivisions (a)(1)(A) and (B), human resource agencies created pursuant to § 13-26-102 and development districts as created pursuant to § 13-14-102 may also apply for government service plates under this section for vans owned by such human resource agencies and development districts and used exclusively for agencies' and districts' activities.
  4. (D) In addition to the governmental entities listed in subdivisions (a)(1)(A) and (B), community action agencies may also apply for government service plates under this section for vans owned by such community action agencies and used exclusively for agencies' activities.
2. (2) The county clerk shall have a right to collect the fee for registration as hereinafter provided.
3. (3) The commissioner shall promulgate rules and regulations to effectuate this section.
4. (4) Registration certificates and plates shall be valid for the motor vehicles until the transfer of ownership or the destruction of the motor vehicles at which time the registration shall expire. Upon the expiration of any such registration, the registration certificates and plates shall be returned to the department.
5. (5) Upon proper application through the county clerk, the registration plates may be transferred to another motor vehicle acquired by the owner to whom the registration certificates and plates were previously issued upon the payment of one dollar ($1.00) plus the county clerk's fee, except that application from the head of any department of state government may be made directly to the department of revenue.
6. (6) All registration plates issued to state departmental agencies shall be of a distinctive design as approved by the commissioner and shall not display the year of issuance. All registration plates issued to governmental agencies, other than the state, shall be of a distinctive design and shall have conspicuously inscribed, stamped or printed thereon so as to be easily seen and read the words “Govt. Service” or “Govt. Ser.” All registration plates issued to private or volunteer fire departments shall be of a distinctive design.
(b) The exemption conferred by this section shall apply only to motor vehicles owned or leased and operated by governmental units or private or volunteer fire department units exclusively for governmental and fire protection purposes and shall not apply to motor vehicles operated by governmental units as bailee.
(c)
1. (1) “Essential government purposes” includes the operation of local transit service by independent contractors operating a local transit company.
2. (2) As used in this subsection (c):
  1. (A) “Local transit company” means a person, firm, partnership or corporation, engaged in furnishing, and at least sixty percent (60%) of the total passenger fare revenue of which shall be derived from, scheduled common carrier public passenger land transportation service along the regular routes within a municipality and the territory adjacent thereto, or within a metropolitan government created under title 7, chapters 1-3, the operation of which is supervised, regulated and controlled as a street railway company, under § 65-16-101 [repealed] and all other legislative and statutory provisions applicable thereto; and
  2. (B) “Local transit service” means scheduled common carrier public passenger land transportation service furnished by a local transit company within the territorial limits of the regulatory jurisdiction of the municipality or metropolitan government that is authorized to supervise, regulate and control the operations of such company, under § 65-16-101 [repealed], and all other legislative and statutory provisions applicable thereto.
(d) Upon the further certification of the person authorized by this section to apply for registration that issuance of plates has been requested for vehicles assigned for use in the investigation of actual or suspected violations of the law, the department may issue plates or authorize issuance thereof from the regular series used for non-tax-exempt vehicles. The registrar of motor vehicles, with the approval of the attorney general and reporter, may enter into agreements with the proper officials of other states for the exchange of plates for the purposes provided in this section.

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§ 55-4-220. General assembly members.

(a) A member of the general assembly, complying with the title and registration law and upon payment of the regular license fee appropriate to the vehicle's design or use as prescribed in this chapter, plus payment of the additional fee provided for in § 55-4-204, shall be issued a registration plate as provided for in this part.
(b) The design of the special purpose license plates shall be rectangular in shape, white in color with all letters and numbers in blue and the great seal of Tennessee in gold. There shall be centered on the upper edge, the word “Tennessee” or “Tenn” enclosed in a drawing of the state, with the current year of registration designated in the upper left and right corners of the rectangle; centered on the lower edge shall be the word or words “Senate” or “House” as may be appropriate; on the left half of the plate shall be the great seal of the state of Tennessee; and on the right half of the plate the member may at option use the member's initials or other letters if the total number of characters making up the configuration does not exceed four (4) rather than the number assigned to the member. The design of the plate shall not be used by any other branch or agency of the state.
(c) The suffixes provided for in § 55-4-203(b)(2), shall be assigned by the speaker of each house. The same numbers assigned in the first year of the biennial for a general assembly shall be assigned for the second year.
(d) A member, optionally, may use initials or other letters if the total number of characters does not exceed four (4). In the event there is a conflict with respect to like letters, the first applicant to the department shall be entitled to preference.
(e) Members of the general assembly may be entitled to special purpose plates for additional automobiles owned by the members or their immediate families. These additional plates may bear the same legend as the first assigned tags but shall be distinguished therefrom by the addition of letters A, B, or C; provided, that the letters do not exceed the requirements of this part.
(f) The special plates shall be delivered to the several county clerks for issuance during each registration renewal period as provided in § 55-4-207, except that the registrar of motor vehicles may make direct issue of the plates to the members upon proper application being made, if the plates can be prepared for direct issuance prior to March 1.
(g) This section shall not be construed to mean that any member shall be prevented from exchanging a regular type plate for one of special design in the course of a given registration year.
(h) The commissioner is authorized to facilitate the continued utilization of existing, issued special purpose plates by a member of the general assembly upon the member's reelection through the issuance of decals or by any other means as to effectuate this subsection (h). Any method of continued utilization shall only be available for plates previously issued to members of the general assembly or their immediate families. Upon ineligibility under this section, any special purpose plates issued shall be surrendered to the department and the department shall issue a regular registration plate valid for the same period as the surrendered special purpose plate. The continued use of existing, issued special purpose plates upon reelection shall be accomplished in a manner that maximizes efficiency and costs and is not unduly burdensome to either the department or county clerks.

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55-4-229(b)

§ 55-4-221. Judiciary members.

(a) Registration plates for members of the judiciary shall be issued in accordance with this part.
(b) Registration plates for judges of the state courts of record shall bear individual distinctive numbers, as determined by the commissioner in consultation with the administrative director of the courts.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected juvenile court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of the additional fee provided for in § 55-4-204, shall be issued a license plate, as prescribed by § 55-4-101, for motor vehicles authorized by § 55-4-210(c), upon which, in lieu of the numbers as prescribed by § 55-4-103, shall be inscribed an individual distinctive number.
2. (2) Former juvenile court judges may also obtain a license plate as provided for in subdivision (c)(1).
(d) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected general sessions court judge or former general sessions court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of the additional fee provided for in § 55-4-204, shall be issued a license plate, as prescribed by § 55-4-101, for motor vehicles authorized by § 55-4-210(c), upon which, in lieu of the numbers as prescribed by § 55-4-103, shall be inscribed with an individual distinctive number.
(e) An owner or lessee of a motor vehicle who is a resident of this state and who is a retired or former member of the Tennessee judicial conference, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of the additional fee provided for in § 55-4-204, shall be issued a license plate, as prescribed by § 55-4-101 for motor vehicles authorized by § 55-4-210(c), upon which, in lieu of the numbers as prescribed by § 55-4-103, shall be inscribed an individual distinctive number.
(f) An owner or lessee of a motor vehicle who is a resident of this state and who is a municipal court judge or former municipal court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, payment of the additional fee provided for in § 55-4-204, shall be issued a license plate, as prescribed by § 55-4-101, for motor vehicles authorized by § 55-4-210(c), upon which, instead of the numbers as prescribed by § 55-4-103, shall be inscribed an individual distinctive number.
(g) The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, shall not apply to any judge who has been convicted of a felony or who has been removed from office.
(h) Notwithstanding any law to the contrary, the commissioner is authorized, and shall issue, license plates to owners or lessees of motorcycles otherwise qualified pursuant to this section upon complying with state motor vehicle laws relating to registration and licensing of motorcycles and paying the regular fee applicable to motorcycles and the fee provided for in § 55-4-204.
(i) An owner or lessee of a motor vehicle who is a resident of this state and whose duty is to serve a judiciary function as a magistrate, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of the additional fee provided for in § 55-4-204, shall be issued a license plate, as prescribed by § 55-4-101, for motor vehicles authorized by § 55-4-210(c), upon which, instead of the numbers as prescribed by § 55-4-103, shall be inscribed an individual distinctive number.

§ 55-4-222. Sheriffs.

An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected sheriff, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of the additional fee provided for in § 55-4-204, shall be issued a registration plate which shall bear the number of the sheriff's county of jurisdiction and the word “SHERIFF” in capital letters.

§ 55-4-223. Emergency personnel.

(a) Registration plates issued under the emergency category pursuant to § 55-4-203(c)(1)(B)-(N) may be issued to persons included in the groups set out in this section, and in accordance with this part.
(b) An owner or lessee of a motor vehicle who is a resident of this state and who holds a permanent official identification card of an auxiliary police unit working with the civil defense authorities, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 and payment of the fee provided for in § 55-4-204, shall be issued a registration plate as provided for in this part.
(c) A resident of the state who holds a permanent official registration card of the civil air patrol and/or the civil defense organization, and/or a spouse, whose vehicle is titled or leased in the name of the resident and/or spouse, upon application accompanied by a letter from the local civil defense director indicating the current membership of the applicant and/or the spouse of the applicant, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of any fee provided for in § 55-4-204, shall be issued a registration plate as provided for in this part.
(d) An owner or lessee of a motor vehicle, who is a resident of this state and who is a member of the Tennessee Association of Rescue Squads or who is a resident of this state and a member of an emergency services squad in any county having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, or who is a resident of this state and is an emergency medical technician, paramedic, emergency medical technician-paramedic, or other emergency medical responder, upon complying with the title and registration law, payment of the regular license fee appropriate to the vehicle's design or use, as prescribed under § 55-4-111 or § 55-4-113, and payment of the fee provided for in § 55-4-204, shall be issued a registration plate as provided for in this part; except, that any active volunteer member of a local rescue squad who has at least one (1) year of service shall be exempt, at the time of renewal, from the regular license fee for only one (1) motor vehicle, upon the certification or sworn statement from the captain of the local rescue squad to which the person is attached confirming the person is an active volunteer member. In addition to the exemption provided by this subsection (d), the legislative body of a county is authorized to waive the motor vehicle tax for motor vehicles receiving an exemption under this subsection (d) from the registration fee if the waiver is approved in the same manner as the adoption of the motor vehicle tax under § 5-8-102. The county clerk shall issue no plates to a local rescue squad member until receiving a list of all eligible members from the captain of the local rescue squad. Emergency medical technicians, paramedics, or emergency medical technician-paramedics not affiliated with a local rescue squad are required to present a current, valid paramedic, emergency medical technician, or emergency medical technician-paramedic's license prior to issuance of a plate under this section. Other emergency medical responders not affiliated with a local rescue squad are required to present a current, valid emergency medical responder's certification prior to issuance of a plate under this section.
(e)
1. (1) The commissioner shall cause to be manufactured metal plates of distinctive design for various groups included in the emergency category. Upon application by the president, or other chief executive officer, of recognized organizations of persons in the various groups in the emergency category and the submission of a certified listing of the members of that organization and their motor vehicle registration numbers, the commissioner shall sell, at a cost of two dollars and fifty cents ($2.50) per plate, to the chief executive officer the appropriate number of plates for distribution to each listed person, with the plates to be displayed on the front of each vehicle registered by that person in the emergency category.
2. (2) The plates shall be for identification purposes only and shall not be valid for motor vehicle operation. The plates shall be issued only for the term of the emergency category registration plate, and shall be surrendered by the holder at such time as the holder's emergency registration expires or the holder ceases to be a member of the group included in the emergency category.
3. (3) It is a Class A misdemeanor to display the plate on any vehicle that is not properly registered in the emergency category.
(f) Notwithstanding this section to the contrary, an owner or lessee of a motor vehicle who is a resident of the state and who is a full-time police officer as defined by § 38-8-101 and is certified as such, and authorized, by the chief law enforcement officer of the organization to which the person is attached or by which the person is employed, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle, shall be issued an emergency registration plate.
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- 55-4-204(a)(4)(C)
(g) Notwithstanding this section to the contrary, an owner or lessee of a motor vehicle who is a resident of the state and who is a trauma physician licensed by the board of medical examiners, who submits a statement or certification from the board of medical examiners and from a trauma center in a hospital or other medical facility confirming that the applicant practices medicine as a trauma physician, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and a fee equal to the cost of producing the plate; provided, however, that the issuance of the plates shall be revenue neutral, shall be issued an emergency registration plate and shall be eligible to renew such emergency registration plate.
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- 55-4-204(a)(4)(G)
(h) Notwithstanding this section to the contrary, an owner or lessee of a motor vehicle who is a resident of the state and who is a nurse licensed by the Tennessee board of nursing, who submits a statement or certification from a trauma center or emergency room in a hospital or other medical facility confirming that the applicant is a trauma nurse, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and a fee equal to the cost of producing the plate; provided, that the issuance of the plates is revenue neutral, shall be issued an emergency registration plate and shall be eligible to renew the registration plate.
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- 55-4-204(a)(4)(F)
(i) Notwithstanding this section to the contrary, an owner or lessee of a motor vehicle who is a resident of this state and who is on-call surgical personnel licensed or certified under title 63 or as a surgical technologist under title 68, chapter 57, serving in a hospital, emergency room or surgical department, who submits a statement or certification from the hospital, emergency room or surgical department confirming that the applicant is on-call surgical personnel, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and a fee equal to the cost of producing such plate, shall be issued an emergency registration plate and shall be eligible to renew such registration plate; provided, that the issuance of the plates shall be revenue neutral.
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- 55-4-204(a)(4)(B)
(j) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for an emergency plate in the appropriate category; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
(k) Notwithstanding this section to the contrary, an owner or lessee of a motor vehicle who is a resident of the state and who is a constable duly elected, trained, and qualified in accordance with title 8, chapter 10, and is certified as such, and authorized, by the county legislative body of the county in which the person serves, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle, shall be issued an emergency registration plate.
(l)
1. (1) As used in this subsection (l), “emergency communication dispatcher” or “dispatcher” means an emergency call taker or public safety dispatcher who receives an initial or transferred 911 call from the public in this state.
2. (2) Notwithstanding this section to the contrary, an owner or lessee of a motor vehicle who is a resident of this state and an emergency communication dispatcher and who submits a statement or certification from the municipality, county, or emergency communications district to which the dispatcher is attached or by which the dispatcher is employed, confirming that the applicant is a dispatcher, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and a fee equal to the cost of producing the plate must be issued, and is eligible to renew, an emergency registration plate; provided, that the issuance of the plates is revenue neutral.

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55-4-204(a)(4)(D)

§ 55-4-224. Firefighters.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is a member of a volunteer fire department or full-time firefighting unit, or another bona fide firefighter, including a paid, paid-on-call, or volunteer firefighter, or a bona fide retired firefighter, shall be issued a special firefighter registration plate, as provided for in this part, upon proof of current membership in a firefighting unit, or upon proof of former membership in a firefighting unit from which the owner or lessee is a retired member in good standing, and upon compliance with state motor vehicle registration and licensing laws and payment of the applicable registration fee under § 55-4-111; except, that any active volunteer firefighter who has at least one (1) year of service shall be exempt, at the time of renewal, from the applicable registration fee for only one (1) motor vehicle, upon the certification or sworn statement from the chief of the fire department to which the person is attached confirming the person is an active volunteer firefighter. In addition to the exemption provided by this subsection (a), the legislative body of a county is authorized to waive the motor vehicle tax for motor vehicles receiving an exemption under this subsection (a) from the registration fee if the waiver is approved in the same manner as the adoption of the motor vehicle tax under § 5-8-102.
(b) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for a special firefighter registration plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.

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§ 55-4-225. Amateur radio station licensees.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who holds an unrevoked and unexpired official amateur radio station license issued by the federal communications commission may apply to the department, through the county clerk, for issuance of a special purpose license plate under this part. The application shall be accompanied by proof of ownership of a amateur radio station license.
(b)
1. (1) The initial issuance of a special purpose license plate to the applicant shall be made upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and upon payment of the additional fee prescribed by § 55-4-204, if applicable. Thereafter, annual renewal for a qualified resident shall be as provided by this chapter.
2. (2) The special purpose license plates issued pursuant to this section for motor vehicles authorized by § 55-4-210(c) and motorcycles shall bear the official amateur radio call letters assigned by the federal communications commission to the applicant.
(c) All applications under this section shall be accompanied by the required fees.
(d) In the event of the reissuance of a special purpose license plate under this section whether due to design changes, loss, changes in call letters, revocation or expiration of the radio station license or any other reason shall require payment of fees in the same manner as initial issuance of the license plate.
(e)
1. (1) To be eligible for an amateur radio license plate issued pursuant to § 55-4-203(c)(1)(A) without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant is a member of a squad or group that actively participates in needed services during any and all emergencies, as determined by the civil defense, rescue squads or other organizations that are engaged in volunteer emergency services.
2. (2) Notwithstanding this part to the contrary, to be eligible for an amateur radio license plate without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant:
  1. (A) Has credentials approved by the county emergency management director; or
  2. (B) Holds a class license as an amateur radio operator issued by the federal communications commission.
2 Backlinks
- 55-4-204(a)(4)(A)(i)
- 55-4-204(a)(4)(A)(ii)

§ 55-4-226. Manufacturers, dealers, and transporters of motor vehicles or boats.

(a) Registration plates issued under the dealer category may be issued to manufacturers, dealers, and transporters of motor vehicles or boats as provided for in this part.
(b)
1. (1) Any dealer owning any vehicle that may be legally operated upon the streets or highways of this state with a regular vehicle registration may, either in person or through a duly authorized agent or employee, operate or move the vehicle upon any highway of the state without registering each such vehicle, upon condition that the vehicle display a special purpose plate issued to that owner as prescribed in this part. The dealer may further authorize the operation of the vehicle bearing such plates by customers for temporary purposes not to exceed seventy-two (72) hours. The dealer may further authorize the operation of the vehicle bearing such plates by any customer who is using the vehicle, without charge, while the customer's vehicle is being serviced or repaired by the dealer or by any person who is participating in a driver's education program and is operating a vehicle that was provided by the dealer to a school for use in the driver's education program.
2. (2) The special purpose dealer plate shall have the legend “TENN” at the top of the plate and shall have “auto dealer” at the bottom of the plate. The legend shall contain the letter “D” and five (5) numbers. The special purpose dealer plate for a motor vehicle dealer that sells used motor vehicles shall have a red background and white letter and numbers. The special purpose dealer plate for a franchise motor vehicle dealer that sells new motor vehicles shall have a white background and black letter and numbers.
3. (3) Any dealer who has a valid number assigned by the motor vehicle commission may make application to the department for one (1) or more special purpose plates. The fee for the first plate is forty-seven dollars and thirty cents ($47.30), and the fee for any plates in addition to the first plate is twenty-three dollars and sixty-five cents ($23.65) for each additional plate. No dealer shall be permitted to purchase more than two hundred twenty-five (225) auto dealer plates during a registration year.
4. (4) A transporter may operate or move any vehicle that may be legally operated under a regular vehicle registration upon any highway within this state solely for the purpose of delivery, upon likewise displaying thereon like plates issued to the transporter as provided in this part.
5. (5) Any vehicle preparation service or motor vehicle auction company licensed by the state may obtain special purpose plates to operate or move dealer-owned vehicles upon any highway within the state solely for the purpose of transporting the vehicles between a dealer's business location and the location where the cleaning, repairing, or preparation is performed or where the vehicle is to be auctioned, and for the purposes of testing the vehicle within a twenty (20) mile radius of the location where the cleaning, repairing or preparation is performed.
6. (6) This subsection (b) shall not apply to work or service vehicles owned by a manufacturer, transporter or dealer.
(c)
1. (1) Any manufacturer or transporter may make application to any county clerk within the state, and any vehicle preparation service may make application to the county clerk of the county where the established place of business of the service is located, upon appropriate forms for a certificate and for one (1) or more special purpose plates or single special purpose plates as appropriate to vehicles subject to registration hereunder, which plates shall be of the same color as auto dealer plates issued in the state for the particular year in question and on which shall appear the letters “DL” and identifying numbers. An applicant for these registration plates who is a transporter shall submit proof of the applicant's status as a bona fide transporter that may reasonably be required by the county clerk to whom the application is made. If the applicant is a manufacturer, the county clerk shall not issue the registration plates until the applicant has registered with the county clerk to whom the application is made the number of the current license issued to such manufacturer by the motor vehicle commission. For registering the license number of such manufacturers and dealers, the county clerk shall be entitled to a fee of five dollars ($5.00).
2. (2) The county clerk, upon granting an application, shall, upon the payment of the appropriate fee, issue to the applicant a certificate containing the applicant's name and address.
3. (3) All special purpose plates issued to any vehicle preparation service, manufacturer, or transporter shall bear identifying numbers, and no special purpose plates issued to other vehicle preparation services, manufacturers, or transporters shall bear the same number.
4. (4) The commissioner is authorized and empowered to design, issue and regulate the use of temporary plates for use in cases where dealer plates cannot be used. Upon the depletion of the department's current inventory of temporary plates, the department shall redesign the temporary plates in such a manner as determined by the commissioner as will permit the conspicuous display of individual distinctive alpha-numerical characters. Temporary plates may be issued for a period of sixty (60) days. The fee for the sixty-day plate is six dollars and fifty cents ($6.50). No person may operate a motor vehicle for more than sixty (60) days with the temporary plate. Nothing in this section shall be construed as a grant of authority for the issuance or use of the temporary plates on trucks or truck tractors being used or tested under load conditions over the streets and highways of this state.
  1 Backlink
  - 55-3-121(a)(2)
(d)
1. (1) Registration plates issued under this subsection (d) may only be issued to dealers as provided for in this subsection (d).
2. (2) Any dealer owning a vehicle suitable for special event services may, either in person or through a duly authorized agent, employee, or lessee, operate or move the vehicle upon any highway of the state without registering such vehicle, upon condition that the vehicle display a special event plate issued to that owner as prescribed in this part.
3. (3) A vehicle is suitable for special event services if it:
  1. (A) Is rented to legal entities of this state, or any political subdivision thereof, pursuant to a rental agreement;
  2. (B) Only travels in this state during the rental period;
  3. (C) Is capable of holding fifteen (15) or more passengers; and
  4. (D) Has fewer than two thousand five hundred (2,500) miles on the odometer.
4. (4) Notwithstanding any statute to the contrary, a vehicle meeting all of the criteria of a special event services vehicle pursuant to subdivision (d)(3) shall not be eligible to use a special purpose dealer plate.
5. (5) The special event plate shall have the legend “TENN” at the top of the plate and shall have “Special Event” at the bottom of the plate. The legend shall contain the letters “SE” and five (5) numbers. The special event plates shall have a light blue background with black letters and numbers.
6. (6) Any dealer who has a valid number assigned by the motor vehicle commission may make application to the department for one (1) or more special event plates and shall provide sufficient information as reasonably requested by the commissioner to show how many vehicles are suitable for special event services. The fee for such plate shall be more than one hundred fifty-two dollars and sixty-three cents ($152.63). No dealer shall be permitted to purchase more than one hundred (100) special event plates during a registration year.
(e) The special purpose plates issued under this section shall expire on May 31 of each year. The person to whom a special purpose plate is issued may apply to the registrar of motor vehicles, or the registrar's deputy as provided by law, for renewal registration. Upon renewal, a decal will be issued for the ensuing registration year. Issuance of plates and decals will begin May 1 of each year, upon payment of the fee provided by law, and proof by the applicant that the applicant is still engaged in business as a manufacturer, transporter, dealer, or vehicle preparation service.
(f)
1. (1) Registration plates issued under this subsection (f) may be issued only to manufacturers and dealers of boats or to persons or businesses that transport boats for hire.
2. (2) A person may operate a boat trailer for hire without registering the boat trailer, if the boat trailer is operated solely for the purpose of delivery of a boat to a customer of a manufacturer or dealer of boats and the boat trailer displays a special purpose boat transport plate issued to the manufacturer, dealer, person, or business as prescribed in this subsection (f).
3. (3) The following are authorized to make, either in person or through a duly authorized agent, employee, or lessee, application to any county clerk within the state, upon appropriate forms for a certificate and for one (1) or more special purpose boat transport plates:
  1. (A) Any dealer or manufacturer of boats who hires individuals who own or operate boat trailers to deliver boats to the dealer's or manufacturer's customers; or
  2. (B) Any person or business that owns or operates boat trailers to deliver boats.
4. (4) The boat transport plates must be of a different color than the auto dealer and special event plates issued in the state for the particular year in question and must have the legend “TENN” at the top of the plate and must have “boat transport” at the bottom of the plate. The legend must contain the letters “BD” and five (5) numbers.
5. (5) The fee for the first plate is forty-seven dollars and thirty cents ($47.30), and the fee for any plates in addition to the first plate is twenty-three dollars and sixty-five cents ($23.65) for each additional plate.
6. (6) The county clerk, upon granting an application, shall issue to the applicant, upon the payment of the appropriate fee, a certificate containing the applicant's name and address.
7. (7) The special purpose boat transport plates issued under this subsection (f) expire on May 31 of each year, and a new plate or plates for the ensuing year may be obtained by the person to whom the expired plate or plates were issued upon application to the registrar of motor vehicles, or the registrar's deputy as provided by law. Issuance of the plates begins May 1 of each year, upon payment of the fee provided by law, and proof by the applicant that the applicant is still engaged in business as a manufacturer or dealer of boats or as a person or business that transports boats for hire.
8. (8) A business license shall not be required as proof that a person or business transports boats for hire.
(g) The commissioner is authorized and empowered to promulgate rules and regulations for the administration of this section.

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§ 55-4-227. OEM headquarters company.

(a) Registration plates issued under the OEM headquarters company category pursuant to § 55-4-203(a) may be issued to any OEM headquarters company for purposes of registering any OEM headquarters company vehicle. Eligible employees and eligible family members may operate an OEM headquarters company vehicle on any highway within this state upon displaying thereon plates issued to the OEM headquarters company as provided in this part. A registration plate issued under the OEM headquarters company category may only be transferred to another qualified OEM headquarters company vehicle.
(b) The special purpose OEM headquarters company plates provided for in this section shall be designed by the commissioner in consultation with the OEM headquarters company making application for the plate. All special purpose plates issued to any OEM headquarters company shall bear identifying numbers and shall display the word “Tennessee” or an abbreviation thereof.
(c) This registration shall be valid so long as title to the OEM headquarters company vehicle is vested in the OEM headquarters company and shall not be subject to the provisions of this chapter requiring annual registration.
(d) Any OEM headquarters company may make application to the department for the special purpose plates authorized by this section. The plates shall be free of charge, as provided in § 55-4-204.
(e) Any motor vehicle registered for use as an OEM headquarters company vehicle under this section shall, at the termination of such use, be sold at an auction limited to any dealer who sells new or unused motor vehicles of the same line-make as the motor vehicle to be sold.

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55-4-204(e)

§ 55-4-228. Special purpose nonprofit organization plate.

(a) Any nonprofit organization owning any vehicle that may be legally operated upon the streets or highways of this state with a regular vehicle registration may, through an authorized agent or employee, operate or move the vehicle upon any highway of the state without registering the vehicle, upon condition that the vehicle display a special purpose plate issued to that owner as prescribed in this section.
(b) The special purpose nonprofit organization plate shall have the legend “TENN” at the top of the plate and shall have “nonprofit organization” at the bottom of the plate. The legend shall contain the letters “CVPT” and three (3) numbers. The special purpose nonprofit organization plate shall have a purple background and white letters and numbers.
(c) A nonprofit organization may make application to the department for one (1) or more special purpose nonprofit organization plates and shall provide sufficient information as reasonably requested by the commissioner to show that the applicant is a nonprofit organization. The fee for each special purpose plate is forty-seven dollars and thirty cents ($47.30), and the fee for any plates in addition to the first plate is twenty-three dollars and sixty-five cents ($23.65) for each additional plate. No nonprofit organization shall be permitted to purchase more than three (3) nonprofit organization plates each year.
(d) A special purpose nonprofit organization plate may be used in the place of a regular vehicle registration to operate or move the vehicle upon any highway of the state without registering such vehicle, solely for the following purposes:
1. (1) To transport the vehicle between a prior or subsequent owner and the nonprofit organization;
2. (2) To transport the vehicle between the nonprofit organization and a location where cleaning, repairing, or preparation is performed; or
3. (3) To test the vehicle within a twenty-mile radius of the location where the cleaning, repairing, or preparation is performed.
(e) A special purpose nonprofit organization plate may be used solely for vehicles that were donated to the nonprofit organization with the intent that the vehicle be transferred to a subsequent owner. This section does not apply to vehicles used in a nonprofit organization's daily operations.
(f) The special purpose plates issued under this section shall expire on May 31 of each year. The person to whom a special purpose plate is issued may apply to the department or any county clerk within the state for renewal registration. Upon renewal, a decal will be issued for the ensuing registration year. Issuance of plates and decals will begin May 1 of each year, upon payment of the fee provided by law, and proof by the applicant that the applicant continues to be a nonprofit organization.
(g) For purposes of this section, “nonprofit organization” means an organization that has received a determination of exemption from the internal revenue service under the Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)).

§ 55-4-229. Legislator Emeritus.

(a) A member of the general assembly, or a former member of the general assembly, who is deemed by this section to have emeritus status after having served in the general assembly eight (8) or more years, upon complying with the title and registration law and upon payment of the regular license fee appropriate to the vehicle's design or use as prescribed in this chapter, plus payment of the additional fee provided for in § 55-4-204, shall be issued a registration plate as provided for in this part.
(b) The design on the Legislator Emeritus special purpose license plates must be distinguishable from the special purpose license plates authorized by § 55-4-220 for members or former members of the general assembly. Additionally, there must be two (2) different design options for eligible current or former members of the general assembly to indicate the member's service in the senate or the house of representatives. A member who is eligible under subsection (a) and who served in each house of the general assembly may choose which plate to be issued. One (1) design must be an image of the state capitol on the left half of the plate with the plate bearing the legend “Senator Emeritus”. The other design must be an image of the state capitol on the left half of the plate with the plate bearing the legend “Representative Emeritus”.
(c) The special purpose license plates shall be delivered to the several county clerks for issuance during each registration renewal period as provided in § 55-4-207, except that the registrar of motor vehicles may make direct issue of the plates to the members or former members upon proper application being made, if the plates can be prepared for direct issuance prior to March 1.
(d) This section shall not be construed to mean that any member or former member shall be prevented from exchanging a regular type plate for one of special design in the course of a given registration year.

§ 55-4-230. Tennessee Police Benevolent Association.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member of the Tennessee Police Benevolent Association, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee Police Benevolent Association cultural license plate for a motor vehicle authorized by § 55-4-210(c).
(b)
1. (1) The application for these license plates shall be accompanied by a statement from the Tennessee Police Benevolent Association, certifying the applicant to be a member of this organization.
2. (2) This application shall only be permitted to full-time paid or retired law enforcement officers who are members of the Tennessee Police Benevolent Association.
(c) The cultural plates provided for in this section shall bear the inscription “POLICE BENEVOLENT ASSOCIATION” or “PBA” and an appropriate standardized insignia of the organization.
(d)
1. (1) Within thirty (30) days of terminating membership in the Tennessee Police Benevolent Association, an applicant to whom a cultural license plate has been issued pursuant to this section shall surrender the plate to the county clerk of the county of the applicant's residence.
2. (2) The Tennessee Police Benevolent Association shall provide biannually to the department the names and addresses of any persons who have terminated their membership in the Tennessee Police Benevolent Association, together with any other identifying information as the commissioner may require.

§ 55-4-231. Retired Female Firefighter.

(a) A distinctive license plate is authorized for any female who is a retired firefighter, if the female is currently a resident of this state, is otherwise qualified to register and license a motor vehicle pursuant to this title, and submits proof of former membership in a firefighting unit from which the female is a bona fide retired member in good standing.
(b) The registration plates shall bear the legend “Retired Female Fire- fighter”.
(c) The registration plate shall be issued upon payment of the regular registration fee pursuant to this chapter and an additional fee equal to the cost of actually designing and manufacturing the plates, and submission of information in accordance with subsection (d).
(d) For issuance of a license plate pursuant to this section, all applications shall contain information that the commissioner requires proving the eligibility of the applicant as a female who retired in good standing as a firefighter pursuant to subsection (a).

§ 55-4-232. Physician.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is licensed as a physician by the board of medical examiners under title 63, chapter 6, or by the board of osteopathic examination under title 63, chapter 9, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111, and payment of the fee provided for in § 55-4-204, must be issued a distinctive registration plate as provided for in this section.
(b) The registration plates must bear the legend “Physician”.
(c) For issuance of a license plate pursuant to this section, all applications must contain information that the commissioner requires proving the applicant is licensed as a physician by the board of medical examiners or the board of osteopathic examination pursuant to subsection (a).

§ 55-4-233. Retired Firefighter license plates.

(a) A distinctive license plate is authorized for any person who is a retired firefighter, if the person is currently a resident of this state, is otherwise qualified to register and license a motor vehicle pursuant to this title, and submits proof of former membership in a firefighting unit from which the person is a bona fide retired member in good standing.
(b) The registration plates must bear the legend “Retired Firefighter”.
(c) The registration plate must be issued upon payment of the regular registration fee pursuant to this chapter and an additional fee equal to the cost of actually designing and manufacturing the plates, and submission of information in accordance with subsection (d).
(d) For issuance of a license plate pursuant to this section, all applications must contain information that the commissioner requires proving the eligibility of the applicant as a person who retired in good standing as a firefighter pursuant to subsection (a).

§ 55-4-234 — 55-4-239. [Reserved.]

§ 55-4-240. Supporters of the arts.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a cultural earmarked plate to support the arts for a motor vehicle authorized by § 55-4-210(c).
(b) The Tennessee arts commission is authorized to design multiple plates for issuance pursuant to this section; provided, that the minimum requirements of § 55-4-202(b)(3) shall apply to the issuance of each individual classification of the plates.
(c) The Tennessee arts commission shall determine the colors and pictorial representations to be included on the plates.
(d) Notwithstanding this part to the contrary, all revenues produced from the sale or renewal of cultural earmarked plates to support the arts, minus the expense the state has incurred in manufacturing the plates, shall be allocated to the Tennessee arts commission.

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§ 55-4-241. Collegiate plates.

(a) Collegiate motor vehicle registration plates shall be the same size as regular passenger motor vehicle or motorcycle license plates and may be of the same color and design as regular license plates or may be of the colors and contain the logo or other distinctive design of the appropriate college or university. The commissioner, after consultation with the appropriate college or university, shall determine the colors and design for each classification of collegiate plates.
(b) Applicants may elect to personalize collegiate plates pursuant to § 55-4-214.

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§ 55-4-242. Penn State University alumnus.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Penn State University collegiate license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The collegiate plates provided for in this section shall be of the colors and contain the logo of Penn State University.

§ 55-4-243. University of Florida alumnus.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a University of Florida collegiate license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The collegiate plates provided for in this section shall be of the colors and contain the logo of the University of Florida.

§ 55-4-244. University of Arkansas alumnus.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a University of Arkansas collegiate license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The collegiate plates provided for in this section shall be of the colors and contain the logo of the University of Arkansas.

§ 55-4-245. University of Mississippi alumnus.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a University of Mississippi collegiate license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The collegiate plates provided for in this section shall be of the colors and contain the logo of the University of Mississippi.

§ 55-4-246. [Obsolete]

§ 55-4-247 — 55-4-249. [Reserved.]

§ 55-4-250. Memorial registration plates.

Memorial registration plates shall be issued in accordance with this part and § 55-4-261 pertaining to former prisoners of war, § 55-4-258 pertaining to recipients of the Congressional Medal of Honor, § 55-4-259 pertaining to recipients of the Distinguished Service Cross, Air Force Cross, Navy Cross, Silver Star, Bronze Star (Valor), Air Medal (Valor), and Distinguished Flying Cross, and § 55-4-256 pertaining to disabled veterans.

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§ 55-4-251. Annual verification process for memorial registration plates and military registration plates.

(a) This section shall apply to memorial registration plates described in § 55-4-203(c)(4) and military registration plates described in § 55-4-203(c)(5)(G).
(b) Each registration plate to which this section applies shall be subject to a verification process that shall occur annually upon the renewal of the plate, if applicable, or upon such other time as determined by the department. The department may prescribe the form and manner of submitting any proof or documentation required by this section; provided, that the holder shall be permitted to submit such proof or documentation by mail or in person.
(c) At the time of annual verification, the holder of the plate shall submit satisfactory proof that the holder is a resident of the county in which the vehicle is registered, and any other proof that the department may require showing that the holder is complying with state motor vehicle laws relating to registration.
(d) If the holder of the plate is deceased as of the date of annual verification, and if the copy of the death certificate of the deceased holder has not been previously submitted, then the surviving spouse of the deceased or the personal representative of the deceased holder's estate shall submit a copy of the death certificate at the time of the annual verification.
(e) If any surviving spouse of a deceased holder of a plate wishes to continue the issuance of, and retain the plate formerly held by the deceased holder, or apply for issuance of the plate to which the deceased spouse was entitled, as authorized by § 55-4-261, § 55-4-257, § 55-4-263, § 55-4-252, or § 55-4-253, as applicable, then the surviving spouse shall do so at the time of the annual verification. The surviving spouse shall submit a copy of the death certificate of the deceased holder and documentation showing the surviving spouse is a resident of the county for which the vehicle that is owned or leased by the deceased holder or surviving spouse is registered, and shall pay any applicable fees.

§ 55-4-252. United States military — Active, retired and honorably discharged members — Military reserves.

(a) Registration plates are authorized for active, retired and honorably discharged members of the United States military and the United States military reserves in good standing. The plates are approved for display on motor vehicles that are authorized by § 55-4-210(c) and that are owned and operated, or leased by, a member or member's spouse. A surviving spouse of a deceased retired or honorably discharged member or of a member who died while on active duty, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the vehicle and the fee prescribed by § 55-4-204, shall be issued a registration plate pursuant to this section, until the surviving spouse remarries.
(b) The registration plates shall be of a distinctive design as approved by the commissioner and shall have engraved or embossed on the plate, or otherwise permanently bear, the appropriate emblem of the branch of service of the recipient of the plate. A decal or sticker must not be used to represent the emblem. The registration plates shall also contain the words “Volunteer State” at the bottom of the plates.
(c) The registration plate authorized pursuant to this section shall be issued upon payment of the regular registration fee pursuant to this chapter and the additional fee prescribed by § 55-4-204.
(d)
1. (1) All applications pursuant to this section shall contain all information that the commissioner requires to prove eligibility for issuance of a license plate pursuant to this section; provided, that, notwithstanding any law to the contrary, a retired member of the United States military or the United States military reserves shall be required to submit retirement status documentation only when initially applying for registration plates under this section and subsequent registration plates under this section shall be issued to that person without the repeated presentation of retirement status documentation. Eligibility for the cultural registration plate for United States reserve forces shall be determined by the department in consultation with the appropriate information on current and valid DD Form 2A (Res), DD Form 2N (Res), DD Form 2MC (Res), DD Form 2AF (Res), DD Form 2CG (Res) (Armed Forces of the United States Identification Card), citing that the request is submitted by a member of the United States reserve forces, or current and valid stationing orders citing that the request is submitted by an active duty member of the United States reserve forces.
2. (2) A retired member of the United States military and the United States military reserves in good standing who has participated in full or voluntary early retirement authorized by the branch of the United States armed forces in which the retired member served shall also be eligible for the issuance of a cultural plate pursuant to this section. Eligibility for the cultural registration plates for retired members of the United States armed forces who have participated in full or voluntary early retirement shall be determined by the department, in consultation with the appropriate information on these retired members' “Certificate of Release of Discharge from Active Duty” or on the current and valid forms enumerated in subdivision (d)(1). The retired members' plate shall be distinguished by a retired decal placed below the branch of service located on the left side of the license plate.
3. (3) An active duty member of the United States military and the United States military reserves in good standing shall also be eligible for the issuance of a cultural plate pursuant to this section. Eligibility for the cultural registration plates for active duty members of the United States armed forces shall be determined by the department, in consultation with the appropriate information on the active duty member's stationing orders required in subdivision (d)(1).
4. (4) An honorably discharged member of the United States military and the United States military reserves in good standing shall also be eligible for the issuance of a cultural plate pursuant to this section. Eligibility for the cultural registration plates for honorably discharged members of the United States armed forces shall be determined by the department and by consulting the appropriate information on the DD214 form. An honorably discharged member's plate shall be distinguished by an honorably discharged decal placed below the branch of service located on the left side of the license plate.
(e) Each recipient of a military plate issued pursuant to this section may apply an appropriate decal to the plate that designates the military unit in which the recipient served and/or the purpose for which the plate has been issued. The decal, and the placement of the decal, shall be subject to the approval of the commissioners of revenue and veterans services. The cost of this decal shall be borne by the recipient of the plate wishing to apply the decal.

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§ 55-4-253. Honorably discharged veterans.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is an honorably discharged veteran of the United States armed forces, or a civilian veteran of the United States army corps of engineers, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued an honorably discharged veteran registration plate for a motor vehicle authorized by § 55-4-210(c). A surviving spouse of such a deceased honorably discharged veteran, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, upon paying the regular fee applicable to the vehicle and the fee prescribed by § 55-4-204, and upon providing a copy of the death certificate of the deceased honorably discharged veteran, shall be issued a registration plate pursuant to this section, until the surviving spouse remarries.
(b) All applications pursuant to this section shall be accompanied by orders or a statement of discharge from the appropriate branch of the United States armed forces classifying the applicant as an honorably discharged veteran, or by orders or official documentation from the United States army corps of engineers classifying the applicant as a civilian veteran; provided, that, notwithstanding any law to the contrary, an honorably discharged veteran of the United States armed forces or a surviving spouse of an honorably discharged veteran of the United States armed forces shall be required to submit the required documentation only when initially applying for registration plates under this section and subsequent registration plates under this section shall be issued to that person without the repeated presentation of the required documentation. This subsection (b) shall not apply in the case of an application by a surviving spouse in which the deceased honorably discharged veteran had been issued a license plate or license plates under this section.
(c)
1. (1) The registration plates provided for in this section shall be designed in consultation with the commissioner of veterans services.
2. (2) The design of registration plates that are issued pursuant to this section shall bear the name of the county of issue on the lower edge of the tag.
3. (3) For honorably discharged veterans and civilian veterans, the American flag shall be in the center of the license plate.
4. (4)
  1. (A) For veterans and civilian veterans of Vietnam, the strip along the bottom of the license plate must read “Vietnam Veteran,” and the symbol on the left must be the Vietnam Service Medal. Award of the Vietnam Service Medal and proof of honorable service, or appropriate civilian documentation, is required for a veteran or civilian veteran to obtain the Vietnam Veteran plate.
  2. (B) For honorably discharged veterans and civilian veterans who served during the time that Vietnam occurred but who do not qualify for issuance of the Vietnam Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Vietnam Era Veteran.” Nothing in this subdivision (c)(4)(B) prohibits any veteran or civilian veteran who served during Vietnam from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
5. (5)
  1. (A) For veterans and civilian veterans of World War II, the strip along the bottom of the license plate shall read “WW II Veteran,” and the symbol on the left shall be the Honorable Service Lapel Pin, also known as the ruptured duck. Proof of honorable military or civilian service between December 7, 1941, and December 31, 1946, shall be required to obtain this plate.
  2. (B) For honorably discharged veterans and civilian veterans who served during the time that World War II occurred but who do not qualify for issuance of the World War II Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “World War II Era Veteran.” Nothing in this subdivision (c)(5)(B) prohibits any veteran or civilian veteran who served during World War II from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
6. (6)
  1. (A) For veterans and civilian veterans of the Korean War, the strip along the bottom of the license plate must read “Korean War Veteran,” and the symbol on the left must be the Korean Service Medal. Award of the Korean Service Medal and proof of honorable service, or appropriate civilian documentation, is required for a veteran or civilian veteran to obtain the Korean War Veteran plate.
  2. (B) For honorably discharged veterans and civilian veterans who served during the time that the Korean War occurred but who do not qualify for issuance of the Korean War Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Korean War Era Veteran.” Nothing in this subdivision (c)(6)(B) prohibits any veteran or civilian veteran who served during the Korean War from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
7. (7)
  1. (A) For veterans and civilian veterans of Operation Desert Storm, the strip along the bottom of the license plate must read “Desert Storm Veteran,” and the symbol on the left must be the Southwest Asia Service Medal. Award of the Southwest Asia Service Medal and proof of honorable service, or appropriate civilian documentation, is required for a veteran or civilian veteran to obtain the Desert Storm Veteran plate.
  2. (B) For honorably discharged veterans and civilian veterans who served during the time that Operation Desert Storm occurred but who do not qualify for issuance of the Desert Storm Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Desert Storm Era Veteran.” Nothing in this subdivision (c)(7)(B) prohibits any veteran or civilian veteran who served during Operation Desert Storm from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
8. (8)
  1. (A) For veterans and civilian veterans of the peacekeeping mission in Bosnia, the strip along the bottom of the license plate must read “Bosnia Veteran,” and the symbol on the left must be the NATO Medal for the former Yugoslavia. Award of the NATO Medal for the former Yugoslavia and proof of honorable service, or appropriate civilian documentation, is required for a veteran or civilian veteran to obtain the Bosnia Veteran plate.
  2. (B) For honorably discharged veterans and civilian veterans who served during the time that the peacekeeping mission in Bosnia occurred but who do not qualify for issuance of the Bosnia Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Bosnia Era Veteran.” Nothing in this subdivision (c)(8)(B) prohibits any veteran or civilian veteran who served during the peacekeeping mission in Bosnia from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
9. (9)
  1. (A) For honorably discharged veterans of Operation Iraqi Freedom and active members of the United States armed forces who served in Operation Iraqi Freedom, the strip along the bottom of the license plate must read “Operation Iraqi Freedom,” and the symbol on the left must be the Iraq Campaign Medal. Award of the Iraq Campaign Medal and proof of honorable service or active service is required for a veteran or service member to obtain the Operation Iraqi Freedom plate.
  2. (B) For honorably discharged veterans who served during the time that Operation Iraqi Freedom occurred but who do not qualify for issuance of the Operation Iraqi Freedom plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Operation Iraqi Freedom Era.” Nothing in this subdivision (c)(9)(B) prohibits any veteran who served during Operation Iraqi Freedom from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
10. (10)
  1. (A) For honorably discharged veterans of Operation Enduring Freedom and active members of the United States armed forces who served in Operation Enduring Freedom, the strip along the bottom of the license plate must read “Operation Enduring Freedom,” and the symbol on the left must be the Afghanistan Campaign Medal. Award of the Afghanistan Campaign Medal and proof of honorable service or active service is required for a veteran or service member to obtain the Operation Enduring Freedom plate.
  2. (B) For honorably discharged veterans who served during Operation Enduring Freedom but who do not qualify for issuance of the Operation Enduring Freedom plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Operation Enduring Freedom Era.” Nothing in this subdivision (c)(10)(B) prohibits any veteran who served during Operation Enduring Freedom from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
11. (11)
  1. (A) For honorably discharged veterans of Operation New Dawn and active members of the United States armed forces who served in Operation New Dawn, the strip along the bottom of the license plate must read “Operation New Dawn,” and the symbol on the left must be the Iraq Campaign Medal. Award of the Iraq Campaign Medal and proof of honorable service or active service is required for a veteran or service member to obtain the Operation New Dawn plate.
  2. (B) For honorably discharged veterans who served during Operation New Dawn but who do not qualify for issuance of the Operation New Dawn Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Operation New Dawn Era.” Nothing in this subdivision (c)(11)(B) prohibits any veteran who served during Operation New Dawn from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
12. (12) For honorably discharged veterans who served during the period between the announcement of the Truman Doctrine on March 12, 1947, and the collapse of the Soviet Union on December 26, 1991, with this period being known as the Cold War, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Cold War Era Veteran.” Nothing in this subdivision (c)(12) prohibits any veteran who served during this period from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a) or any other plate authorized by this subsection (c) for which the veteran qualifies.
13. (13)
  1. (A) For honorably discharged veterans of the peacekeeping mission in Somalia occurring between December 5, 1992, and March 3, 1994, the strip along the bottom of the license plate must read “Somalia Veteran,” and the symbol on the left must be the Armed Forces Expeditionary Medal. Award of the Armed Forces Expeditionary Medal and proof of honorable service is required for a veteran to obtain the Somalia Veteran plate.
  2. (B) For honorably discharged veterans who served during the time that the peacekeeping mission in Somalia occurred but who do not qualify for issuance of the Somalia Veteran plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Somalia Era Veteran”. Nothing in this subdivision (c)(13)(B) prohibits any veteran who served during the peacekeeping mission in Somalia from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
14. (14) For honorably discharged veterans and active members of the United States armed forces who served in South Korea after the signing of the Korean Armistice Agreement in support of the defense of the South Korean state and who qualify for the Korea Defense Service Medal, the strip along the bottom of the license plate shall read “Korean Defense Service”, and the plate shall include an identification legend distinctive to recipients of the Korea Defense Service Medal. The commissioner of veterans services shall set proof of service requirements for eligible veterans and military service members to obtain the plate.
15. (15)
  1. (A) For honorably discharged veterans of Operation Inherent Resolve and active members of the United States armed forces who served in Operation Inherent Resolve, the strip along the bottom of the license plate must read “Operation Inherent Resolve,” and the symbol on the left must be the Inherent Resolve Campaign Medal. Award of the Inherent Resolve Campaign Medal and proof of honorable service or active service is required for a veteran or service member to obtain the Operation Inherent Resolve plate.
  2. (B) For honorably discharged veterans who served during Operation Inherent Resolve but who do not qualify for issuance of the Operation Inherent Resolve plate, the American flag shall be in the center of the license plate and the strip along the bottom of the license plate shall read “Operation Inherent Resolve Era”. Nothing in this subdivision (c)(15)(B) prohibits any veteran who served during Operation Inherent Resolve from requesting issuance of the honorably discharged veteran plate that is authorized by subsection (a).
(d) The commissioner of revenue is authorized to promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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§ 55-4-254. United States reserve forces.

(a) A member of the United States reserve forces shall be issued a registration plate, upon request, for a motor vehicle authorized by § 55-4-210(c), upon complying with the title and registration laws and paying the regular fee applicable to the vehicle and the additional fee prescribed by § 55-4-204.
(b) The registration plates provided for in this section shall include an identification legend distinctive to members of the United States reserve forces. The legend shall read “US Reserve Forces.” The registration number of the plates shall include the letters “US” and a unique identifying number.
(c) Eligibility for United States reserve forces registration plates shall be determined by the department in consultation with the appropriate information on current and valid DD Form 2A (Res), DD Form 2N (Res), DD Form 2MC (Res), DD Form 2AF (Res) or DD Form 2CG (Res) (Armed Forces of the United States identification card), citing that the request is submitted by a member of the United States reserve forces.

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§ 55-4-255. National guard members.

(a) Special purpose and distinctive license plates are authorized for active, retired and honorably discharged members of the Tennessee national guard in good standing. The plates are approved for display on motor vehicles authorized by § 55-4-210(c) that are owned and operated or leased by a member or member's spouse. A surviving spouse of a national guard member, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the vehicle and a revenue-neutral fee equal to the cost of producing the special purpose plate, may apply for issuance of a national guard registration plate pursuant to this section, which shall be valid until the surviving spouse remarries.
(b) The commissioner shall, with the advice of the adjutant general and the department's vehicle services division director, select an appropriate format for the special purpose plates to include an identification legend which is distinctive to their use and which complies with general registration requirements for vehicles licensed in this state. Additionally, the commissioner shall specify the date by which the adjutant general shall furnish the estimate of the necessary number of plates to be manufactured for use in a given registration year, and shall prescribe the time and manner in which the adjutant general shall furnish lists of national guard members. The lists shall be suitable to the needs of the department and county clerks and shall comply with the requirements of the law for registering vehicles.
(c) Chapters 1-6 of this title relating to titling and registering motor vehicles shall apply with respect to the issuance and use of these special purpose plates, except as otherwise provided in this section.
(d)
1. (1) The fees imposed for registrations using the special purpose plates shall be as follows:
  1. (A) For enlisted national guard members there shall be no tax (fee) for registering the first vehicle and the regular license fee shall be collected for any additional vehicles;
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    55-4-271(a)(1)
    55-4-271(a)(2)
  2. (B) For national guard officers the tax (fee) shall be the regular license fee for each vehicle;
  3. (C) For national guard retirees, the initial issuance of a special purpose plate and renewals shall be made upon payment of the regular registration fee applicable to the vehicle and a fee equal to the cost of producing the special purpose plate; provided, that the issuance of the plates shall be revenue neutral; and
  4. (D) For honorably discharged national guard members, the initial issuance of a special purpose plate and renewals shall be made upon payment of the regular registration fee applicable to the vehicle and a fee equal to the cost of producing the special purpose plate; provided, however, that the issuance of the plates shall be revenue neutral.
2. (2) The county clerk in effecting registrations through the use of these special purpose plates shall collect other fees that have application for all registrations, such as service charges provided in § 55-6-104 and reassignment fees when applicable.
(e) If a holder of a special purpose plate is discharged from the national guard prior to the expiration of the registration under which the plate was issued, the special purpose plate may remain valid for display on the vehicle until the expiration date of the registration, unless it was issued under the tax- exempt allowance. All plates that are issued under the tax-exempt allowance shall be surrendered to the national guard when the holders of the plates are discharged from service.
(f) This authority for the use of special purpose license plates is not intended to allow the holders of the special purpose license plate to operate vehicles on which they are displayed in violation of state or local laws or ordinances which govern and relate to the use of motor vehicles.
(g) All applications from retired national guard members shall contain information as the commissioner shall require to prove eligibility for issuance of a license plate. Eligibility for a special purpose registration plate for national guard retirees shall be determined by the department, in consultation with the appropriate information on an applicant's current and valid armed forces of Tennessee identification card, citing that the request is submitted by a retired member of the Tennessee national guard.
(h) All applications from honorably discharged national guard members shall contain such information as the commissioner shall require to prove eligibility for issuance of a license plate. Eligibility for a special purpose registration plate for honorably discharged national guard members shall be determined by the department, in consultation with the appropriate information on an applicant's current and valid armed forces of Tennessee identification card, citing that the request is submitted by an honorably discharged member of the Tennessee national guard.
(i) An application by a surviving spouse for a national guard license plate shall be accompanied by such information as the commissioner shall require to prove the member's eligibility for issuance of the license plate, to include a department of defense form 214 (DD 214) or an NGB form 22, showing adequate proof of service, and a copy of the relevant marriage certificate and death certificate, as further evidence of a surviving spouse's eligibility.

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§ 55-4-256. Disabled veterans.

(a)
1. (1) The department shall provide and issue, free of charge, to each disabled veteran in this state, registration and license plates for any motor vehicle authorized by § 55-4-210(c) that is registered in the name of or leased by a disabled veteran, or by the disabled veteran and the spouse of the disabled veteran, including, but not limited to, a motor home containing life support equipment; provided, that the authorized motor vehicle or motor home shall not be used for rehire or for any other commercial purpose.
2. (2) One (1) disabled veteran memorial license plate may be issued free of charge to any qualified applicant pursuant to this section; provided, that one (1) additional plate may be obtained by any eligible person upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and payment of one-half (½) of the fee provided for in § 55-4-204(c)(1). Additional disabled veteran license plates may be obtained by any disabled veteran upon payment of the regular license fee for plates, as prescribed under § 55-4-111, plus the payment of a fee equal to the cost of actually producing the plate.
3. (3) For the purposes of this section, “disabled veteran” means a veteran having served in the military, naval, marine or air services of the United States, who is a resident of Tennessee and who is entitled to compensation under the laws administered by the veterans' administration for any of the following due to disability incurred in or aggravated by active military, naval, marine or air services of the United States:
  1. (A) Loss or permanent loss of use of one (1) or both feet;
  2. (B) Loss or permanent loss of use of one (1) or both hands; or
  3. (C) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees (20°) in the better eye.
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  - 55-21-103(f)(1)
(b) Any disabled veteran in this state who has any other service-connected disability that is determined by the veterans' administration to constitute a one hundred percent (100%) permanent total disability shall be entitled, upon compliance with the registration laws and without being required to pay a fee, to the issuance of the registration plates provided for by this section.
(c) Disabled veteran registration plates shall bear:
1. (1) The words “Disabled Veteran”;
2. (2) A registration number composed of the prefix “DV” and a unique identifying number; and
3. (3) A representation of the United States flag in the background.
(d) A disabled veteran who is entitled under this section to be issued a memorial registration plate, free of charge, may elect in the alternative for the issuance of a registration plate for holders of the Purple Heart, free of charge, for one (1) motor vehicle authorized by § 55-4-210(c) or one (1) motor home, as defined in subdivision (a)(1), which is owned or leased by the disabled veteran; provided, that a disabled veteran shall meet the requirements of § 55-4-257(c) in order to be eligible for the issuance of a registration plate for a holder of the Purple Heart.
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- 55-4-271(a)(2)

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§ 55-4-257. Holders of the Purple Heart.

(a) A holder of the Purple Heart shall be issued a special memorial registration plate upon request, upon complying with the title and registration law.
(b) The special plates provided for in this section shall be issued in conformity with § 55-4-203, shall include an identification legend distinctive to the holders of the Purple Heart, and be designed by the commissioner in consultation with the department's vehicle services director. The legend shall read “Purple Heart Veteran, Combat Wounded.” The registration number of the special plate shall include the letters “PH” and a unique identifying number, whereby the total characters do not exceed the sum of seven (7).
(c) Eligibility for the special memorial registration plate shall be determined by the department in consultation with the appropriate information on the DD214 form, or in a case of military service predating 1950, in consultation with appropriate information on the equivalent form or on other official documentation, citing that the request is submitted by a holder of the Purple Heart.
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- 55-4-256(d)
(d) Persons eligible for such special memorial registration plates shall be eligible to apply for plates on a vehicle owned or leased by the person or owned or leased by a company and furnished to the person; provided, that all appropriate fees, including the supplemental twenty-five-dollar special fee, if still applicable to this category of plates, shall be paid. Special memorial registration plates for holders of the Purple Heart that are issued or renewed on or after July 1, 2007, shall not be subject to the twenty-five-dollar special fee, but shall be free of charge pursuant to § 55-4-204(b), except as provided in subdivision (e)(2).
(e)
1. (1) A disabled veteran who is entitled to be issued a special memorial registration plate, free of charge, pursuant to § 55-4-256, may elect in the alternative for the issuance of one (1) special memorial registration plate for holders of the Purple Heart, free of charge, for one (1) motor vehicle or one (1) recreational vehicle owned or leased by that disabled veteran; provided, that a disabled veteran shall meet the requirements of subsection (c) in order to be eligible for the issuance of a special memorial registration plate for holders of the Purple Heart.
2. (2) One (1) additional plate may be obtained by any eligible disabled veteran upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and payment of one-half (½) of the fee provided for in § 55-4-204(c)(1). Additional plates may be obtained by any person entitled to receive the holders of the Purple Heart registration plate upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1).
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- 55-4-204(b)(4)
(f)
1. (1) Upon the death of the spouse who was entitled to receive a holder of the Purple Heart registration plate, the surviving spouse shall be entitled to receive a Purple Heart registration plate for any motor vehicle or recreational vehicle owned or leased by the surviving spouse. The application shall be accompanied by a copy of the death certificate. To be entitled to the plate, the surviving spouse shall pay the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1).
2. (2) Plates issued to, or renewed by, surviving spouses under this section as it existed prior to May 19, 2014, shall not be subject to the regular registration fee or the cost of producing the plate, and shall be free of charge.

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§ 55-4-258. Congressional Medal of Honor recipients.

(a) Notwithstanding any other law to the contrary, the department shall provide and issue, free of charge, to each resident of this state who is a recipient of the Congressional Medal of Honor, upon presentation of proper application, Medal of Honor memorial registration plates for one (1) motor vehicle or motor home which is registered or leased for private use in the name of any one (1) recipient. For the purposes of this section, “private use” vehicle means any motor vehicle authorized by § 55-4-210(c) or motor home that is not used for rehire or for any other commercial purpose. One (1) additional plate may be obtained by any eligible recipient upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and payment of one-half (½) of the fee provided for in § 55-4-204(c)(1). Additional plates may be obtained by any eligible recipient upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1).
(b) The Medal of Honor memorial plates provided for in this section shall be the same as regular registration plates, but shall be of a distinctive design which denotes the importance of these distinguished veterans and the high regard in which this state holds the heroic recipients of the highest military decoration. The legend shall read “Medal of Honor.” The registration number of the plate shall include the letters “CM” and a unique identifying number.
(c)
1. (1) Notwithstanding any other law to the contrary, eligibility for the Medal of Honor memorial plate shall be determined by the department by consulting the appropriate information on the:
  1. (A) DD214 form and a copy of the orders that awarded the medal or copy of the certificate or citation granting the medal, in the case of an applicant who has been discharged from the armed forces;
  2. (B) Copy of the orders that awarded the medal or copy of the certificate or citation granting the medal, in the case of an applicant who has not been discharged from the armed forces; or
  3. (C) A written communication from the department of veterans services, in the case of an applicant who does not possess the documentation required by subdivision (c)(1)(A) or (c)(1)(B).
2. (2) The form, documentation or communication required by subdivision (c)(1) shall certify that the application for the plate is submitted by a recipient of the Congressional Medal of Honor.
3. (3) Any person issued a Medal of Honor plate under this chapter prior to June 21, 2013, shall submit to the department of revenue the appropriate information required by this subsection (c) within thirty (30) days after June 21, 2013. If any such person to whom a Medal of Honor plate has been issued does not comply with this subdivision (c)(3) or the department of revenue determines that the person is not eligible for the plate, the person shall surrender the plate to the county clerk of the county of the person's residence within thirty (30) days of noncompliance or determination of ineligibility, whichever is sooner.

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§ 55-4-259. Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Distinguished Flying Cross, Bronze Star (Valor), and Air Medal (Valor) recipients.

(a) The department shall provide and issue, free of charge, to each resident of this state who is a recipient of the Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Silver Star, the Distinguished Flying Cross, the Bronze Star (Valor), or the Air Medal (Valor), upon presentation of proper application, a memorial registration plate for one (1) motor vehicle or motor home which is registered or leased for private use in the name of any one (1) recipient. One (1) additional plate may be obtained by any eligible recipient upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and payment of one-half (½) of the fee provided for in § 55-4-204(c)(1). Additional plates may be obtained by any eligible recipient upon payment of the regular registration fee applicable for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1). For the purposes of this section, “private use” vehicle means any motor vehicle authorized by § 55-4-210(c) or motor home that is not used for rehire or for any other commercial purpose.
(b)
1. (1) The memorial plates provided for in this section shall be the same as regular registration plates, but shall be of a distinctive design which denotes the importance of these distinguished veterans and the high regard in which this state holds the courageous recipients of these military decorations.
2. (2)
  1. (A) On and after May 19, 2014, no plate on which the legend reads “Legion of Valor” shall be issued to any person entitled to a memorial or military cultural registration plate under this chapter, including any recipient of the Distinguished Service Cross, Navy Cross or Air Force Cross. A recipient of the Distinguished Service Cross, Navy Cross or Air Force Cross shall be issued a distinctive Distinguished Service Cross, Navy Cross or Air Force Cross memorial registration plate, as appropriate.
  2. (B) The Distinguished Service Cross plates provided for in this section shall include an identification legend distinctive to recipients of the Distinguished Service Cross. The legend shall read “Distinguished Service Cross.” The registration number of the plate shall include the letters “SC” and a unique identifying number.
  3. (C) The Navy Cross plates provided for in this section shall include an identification legend distinctive to recipients of the Navy Cross. The legend shall read “Navy Cross.” The registration number of the plate shall include the letters “NC” and a unique identifying number.
  4. (D) The Air Force Cross plates provided for in this section shall include an identification legend distinctive to recipients of the Air Force Cross. The legend shall read “Air Force Cross.” The registration number of the plate shall include the letters “AC” and a unique identifying number.
3. (3)
  1. (A) A recipient of the Silver Star, the Bronze Star (Valor), Air Medal (Valor), or the Distinguished Flying Cross shall be issued a distinctive Silver Star, Bronze Star (Valor), Air Medal (Valor), or Distinguished Flying Cross memorial plate, as appropriate.
  2. (B) The Silver Star plates provided for in this section shall include an identification legend distinctive to recipients of the Silver Star. The legend shall read “Silver Star — Valor.” The registration number of the plate shall include the letters “SS” and a unique identifying number.
  3. (C) The Bronze Star (Valor) plates provided for in this section shall include an identification legend distinctive to recipients of the Bronze Star (Valor). The legend shall read “Bronze Star — Valor.” The registration number of the plate shall include the letters “BSV” and a unique identifying number.
  4. (D) The Air Medal (Valor) plates provided for in this section shall include an identification legend distinctive to recipients of the Air Medal (Valor). The legend shall read “Air Medal — Valor.” The registration number of the plate shall include the letters “REV” and a unique identifying number.
  5. (E) The Distinguished Flying Cross plates provided for in this section shall include an identification legend distinctive to recipients of the Distinguished Flying Cross. The legend shall read “Distinguished Flying Cross.” The registration number of the plate shall include the letters “FC” and a unique identifying number.
(c)
1. (1) Notwithstanding any provision of this section or any other law to the contrary, eligibility for the memorial plates provided for in this section shall be determined by the department by consulting the appropriate information on the:
  1. (A) DD214 form and a copy of the orders that awarded the medal or copy of the certificate or citation granting the medal, in the case of an applicant who has been discharged from the armed forces;
  2. (B) Copy of the orders that awarded the medal or copy of the certificate or citation granting the medal, in the case of an applicant who has not been discharged from the armed forces; or
  3. (C) A written communication from the department of veterans services, in the case of an applicant who does not possess the documentation required by subdivision (c)(1)(A) or (c)(1)(B).
2. (2) The form, documentation, or communication required by subdivision (c)(1) shall certify that the application for the plate is submitted by a recipient of the military decorations described in this section, as appropriate.

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§ 55-4-260. Bronze Star (Meritorious) and Air Medal (Meritorious) recipients.

(a) A recipient of the Bronze Star (Meritorious) or the Air Medal (Meritorious) who is a resident of this state and who is an owner or lessee of a motor vehicle, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1), shall be issued a distinctive Air Medal (Meritorious) or Bronze Star (Meritorious) motor vehicle registration plate, as appropriate, for a motor vehicle authorized by § 55-4-210(c).
(b)
1. (1) The Bronze Star (Meritorious) plates provided for in this section shall include an identification legend distinctive to recipients of the Bronze Star (Meritorious). The legend shall read “Bronze Star — Meritorious.” The registration number of the plate shall include the letters “BSM” and a unique identifying number.
2. (2) The Air Medal (Meritorious) plates provided for in this section shall include an identification legend distinctive to recipients of the Air Medal (Meritorious). The legend shall read “Air Medal — Meritorious.” The registration number of the plate shall include the letters “REM” and a unique identifying number.
(c) Eligibility for Air Medal (Meritorious) plates and Bronze Star (Meritorious) plates shall be determined by the department by consulting the appropriate information on the DD214 form, or in a case of military service predating 1950, in consultation with appropriate information on the equivalent form or on other official documentation, or a written communication from the department of veterans services, the form, documentation or communication certifying that the application for the plate is submitted by a recipient of the Bronze Star (Meritorious) or the Air Medal (Meritorious), as appropriate.
(d)
1. (1) Any Air Medal (Meritorious or Valor) license plate issued to any recipient of the Air Medal prior to May 13, 2013, shall not be subject to the regular registration fee and shall be free of charge pursuant to § 55-4-204(b).
2. (2) Any Air Medal license plate initially issued to any recipient of the Air Medal (Meritorious) on or after May 13, 2013, shall be military cultural plates on and after such date; provided, that the plate shall be subject to the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1).
3. (3)
  1. (A) Any Air Medal license plates initially issued to any recipient of the Air Medal (Valor) on or after May 13, 2013, and prior to May 19, 2014, shall be memorial plates upon their first renewal on or after May 13, 2013; provided, that the plates shall not be subject to the regular registration fee and shall be free of charge pursuant to § 55-4-204(b).
  2. (B) Any Air Medal license plates initially issued to any recipient of the Air Medal (Valor) on or after May 19, 2014, shall be memorial plates on and after May 19, 2014; provided, that the plates shall not be subject to the regular registration fee and shall be free of charge pursuant to § 55-4-204(b).
4. (4) Any Silver Star or Bronze Star (Valor) plates issued prior to May 19, 2014, shall be considered memorial plates upon their first renewal on or after May 19, 2014; provided, that such plates shall not be subject to the regular registration fee and shall be free of charge pursuant to § 55-4-204(b).

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55-4-271(b)

§ 55-4-261. Former prisoners of war.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is a former prisoner of World War I, World War II, the Korean War, or the Vietnam War, or the surviving spouse of the former prisoner of war, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon application, shall be issued one (1) license plate for any one (1) motor vehicle authorized by § 55-4-210(c), by the department, free of charge for life or, in the case of a surviving spouse, until that surviving spouse remarries. The application shall be accompanied by a certificate from the United States defense department stating the period of time that the applicant was a prisoner of war or, in the case of an application by a surviving spouse for continuation of a license plate or plates formerly held by a deceased spouse prisoner-of-war, a copy of the death certificate.
(b) The design of these memorial license plates as are issued shall be colored red, white, and blue so as to be similar in hue and intensity to the coloration of the United States Flag and shall carry the legend, “Former POW”
(c) One (1) additional plate may be obtained by any eligible person upon payment of the regular registration fee for plates, as prescribed under § 55-4-111, and payment of one-half (½) of the fee provided for in § 55-4-204(c)(1). Additional license plates may be obtained by any former prisoner of war or eligible surviving spouse upon payment of the regular license fee for plates, as prescribed under § 55-4-111, plus the payment of a fee equal to the cost of actually producing the plate.

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§ 55-4-262. Pearl Harbor survivors.

(a) A distinctive license plate is authorized for any person who was a member of the Armed Forces of the United States and who was present at Pearl Harbor, Hawaii on December 7, 1941, if the person is currently a resident of Tennessee, is the owner of a motor vehicle or motor home that is registered for private use, and is otherwise qualified to register and license a motor vehicle pursuant to this title. For the purposes of this section, “private use” vehicle means any motor vehicle authorized by § 55-4-210(c) or motor home that is not used for rehire or for any other commercial purpose.
(b) The registration plates provided for in this section shall be the same as regular registration plates but shall also bear the legend “PEARL HARBOR SURVIVOR.”
(c) The registration plate authorized pursuant to this section shall be issued upon payment of the regular registration fee pursuant to this chapter and the additional fee prescribed by § 55-4-204 and submission of information in accordance with subsection (d).
(d) All applications pursuant to this section shall contain such information as the commissioner shall require to prove eligibility for issuance of a license plate pursuant to this section.

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§ 55-4-263. Enemy evadees.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state and who is an “enemy evadee” certified as such by the department of veterans services, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the vehicle and the fee prescribed by § 55-4-204, shall be issued a registration plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) A surviving spouse of a deceased enemy evadee, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the vehicle and the fee prescribed by § 55-4-204, shall be issued a registration plate pursuant to this section, until the surviving spouse remarries.
3. (3) The application shall be accompanied by orders or a statement of discharge from the appropriate branch of the United States armed forces, certified by the department of veterans services, classifying the applicant as an “enemy evadee,” or in the case of an application by a surviving spouse for continuation of a license plate or plates formerly held by a deceased spouse enemy evadee, a copy of the death certificate.
(b)
1. (1) The design of such license plates that are issued pursuant to this section shall be colored red, white and blue so as to be similar in hue and intensity to the coloration of the United States flag and shall bear the legend, “ENEMY EVADEE.”
2. (2) The registration plates provided for in this section shall be designed in consultation with the commissioner of veterans services.
(c) For the purposes of this part, “enemy evadees” means veterans of the United States armed forces who, in time of war, successfully evaded capture behind enemy lines, and many of whom joined local indigenous personnel in resisting enemy forces.

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§ 55-4-264. Gold star family.

(a) The department, or any other department or agency of the state having jurisdiction, shall provide and issue, free of charge, to each eligible person in the state whose spouse, parent, sibling, or child served and died in the line of duty in the armed forces of the United States or its allies, or died as a result of injuries sustained in such service, upon presentation of proper application, a gold star family memorial registration plate for no more than one (1) motor vehicle or motor home; provided, that the vehicle or motor home is registered or leased for private use in the name of any one (1) recipient. For purposes of this section, “private use” vehicle means any motor vehicle authorized by § 55-4-210(c), or motor home that is not used for rehire or for any other commercial purpose.
(b) The gold star family plate shall include an identification legend distinctive to gold star families. The legend shall read “Gold Star Family.” The registration number of the plate shall include the letters “GS” and a unique identifying number. The plates shall be designed in consultation with the department of veterans services.
(c) Eligibility for gold star family plates shall be determined by the department by consulting appropriate documentation from the department of veterans services.
(d) Additional license plates may be obtained by any eligible person upon payment of the regular license fee for plates, as prescribed under § 55-4-111, plus the payment of a fee equal to the cost of actually producing the plate.
(e) Nothing in this section shall be construed as prohibiting the legal display of a gold star mothers memorial license plate issued or renewed prior to July 1, 2008, as evidence of registration, or the renewal of any such plate for such purpose.

§ 55-4-265. Blue Star family.

(a) The department shall issue to each eligible person in the state whose spouse, parent, sibling or child is serving in the armed forces of the United States at the time of application, a blue star family military license plate for a motor vehicle authorized by § 55-4-210(c), upon the applicant complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204.
(b) The Blue Star family plate shall include an identification legend distinctive to Blue Star families. The legend shall read “Blue Star Family.” The registration number of the plate shall include the letters “FM” and a unique identifying number. The plates shall be designed in consultation with the department of veterans services.
(c) Eligibility for Blue Star family plates shall be determined by the department by consulting appropriate documentation from the department of veterans services.
(d) Additional license plates may be obtained by any eligible person upon payment of the regular license fee for plates, as prescribed under § 55-4-111, plus the payment of a fee equal to the cost of actually producing the plate pursuant to § 55-4-204(c).

§ 55-4-266. Surviving spouse decal — Fees.

(a) On and after May 19, 2014, any registration plate that is retained or renewed by, or initially issued to, a surviving spouse pursuant to § 55-4-252, § 55-4-253, § 55-4-255, § 55-4-257, § 55-4-261, § 55-4-263 or § 55-4-273, or § 55-4-274, as applicable, shall be distinguished by a surviving spouse decal. The design of the decal shall be subject to the approval of the commissioner of veterans services. The placement of the decal on the plate shall be subject to the approval of the commissioner of revenue; provided, that the decal shall be placed in a conspicuous manner.
(b) The department of revenue shall charge a one-time fee for issuance of the decal in an amount sufficient to defray the administrative costs of implementing this section. The one-time fee for a decal is in addition to any other applicable fees required for issuance of the plate to the surviving spouse pursuant to § 55-4-252, § 55-4-253, § 55-4-255, § 55-4-257, § 55-4-261, or § 55-4-263, § 55-4-273 or § 55-4-274; except, that a decal shall be issued free of charge to a surviving spouse who is issued a former prisoner of war registration plate free of charge under § 55-4-261 or a surviving spouse who, prior to May 19, 2014, was issued a Purple Heart registration plate free of charge under § 55-4-257. Upon application for a decal and payment of the one-time fee, the surviving spouse shall be entitled to issuance of the decal.

§ 55-4-267. Tennessee woman veteran.

(a) A distinctive license plate is authorized for any woman who is a veteran, if the woman is currently a resident of this state and is otherwise qualified to register and license a motor vehicle pursuant to this title.
(b) The registration plates shall bear the legend “Tennessee Woman Veteran.”
(c) The registration plate shall be issued upon payment of the regular registration fee pursuant to this chapter and the additional fee prescribed by § 55-4-204(c)(1), and submission of information in accordance with subsection (d).
(d) For issuance of a license plate pursuant to this section, all applications shall contain information that the commissioner requires proving the eligibility of the applicant as a woman who received an honorable discharge as a member of the armed services, as defined in § 49-4-928.

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§ 55-4-268. Submarine veteran.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, who is an honorably discharged veteran of the United States armed forces having served on a submarine in the line of military duty, and whose submarine service has been certified by the department of veterans services, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the vehicle and the fee prescribed by § 55-4-204, shall be issued a submarine veteran license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The application for such plate shall be accompanied by documentation from the appropriate branch of the United States armed forces, certified by the department of veterans services, verifying that the applicant served on a submarine in the line of military duty as a member of the United States armed forces.
(b)
1. (1) The design of such license plates that are issued pursuant to this section shall be colored red, white and blue so as to be similar in hue and intensity to the coloration of the United States flag and shall bear the legend, “SUBMARINE VETERAN.”
2. (2) The license plates provided for in this section shall be designed in consultation with the commissioner of veterans services.

§ 55-4-269. Tennessee state guard.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member in good standing of the Tennessee state guard, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee state guard special purpose license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The application for the plates shall be accompanied by a written statement from the adjutant general or the commanding officer of the Tennessee state guard certifying the applicant to be a member in good standing of the organization.
(c) The special purpose license plates shall bear the official seal of the Tennessee state guard and shall bear the language “Tennessee State Guard” in an appropriate design. The plates shall be designed in consultation with the adjutant general and the commanding officer of the Tennessee state guard.
(d)
1. (1) Within thirty (30) days of terminating membership in the Tennessee state guard, a motor vehicle owner or lessee to whom a license plate has been issued pursuant to this section shall surrender the plate to the county clerk of the county of the applicant's residence.
2. (2) The adjutant general or the commanding officer of the Tennessee state guard shall provide biannually to the department the names and addresses of all persons whose membership in the Tennessee state guard has been terminated during such period, together with such other identifying information as the commissioner may require.

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§ 55-4-270. United States coast guard auxiliary.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member in good standing of the United States coast guard auxiliary, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a United States coast guard auxiliary special purpose license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The application for the plates shall be accompanied by a written statement from the commanding officer of the United States coast guard auxiliary certifying the applicant to be a member in good standing of the organization.
(c) The special purpose license plates shall bear the official seal of the United States coast guard auxiliary and shall bear the language “U.S. Coast Guard Auxiliary” in an appropriate design. The plates shall be designed in consultation with the commanding officer of the United States coast guard auxiliary.
(d)
1. (1) Within thirty (30) days of terminating membership in the United States coast guard auxiliary, a motor vehicle owner or lessee to whom a license plate has been issued pursuant to this section shall surrender the plate to the county clerk of the county of the applicant's residence.
2. (2) The commanding officer of the United States coast guard auxiliary shall provide biannually to the department the names and addresses of all persons whose membership in the United States coast guard auxiliary has been terminated during such period, together with such other identifying information as the commissioner may require.

§ 55-4-271. Motorcycle registration plate for owner or lessee eligible for national guard plate, state guard plate, memorial plate, or military plate.

(a)
1. (1) Subject to the requirements of § 55-4-202, the commissioner is authorized, and shall issue, a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a national guard plate, enumerated in § 55-4-203(c)(3), a Tennessee state guard plate, enumerated in § 55-4-269, a memorial plate, enumerated in § 55-4-203(c)(4), or a military plate, enumerated in § 55-4-203(c)(5); provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles; and, except for an owner or lessee eligible for a memorial plate, enumerated in § 55-4-203(c)(4), and as provided in § 55-4-255(d)(1)(A) for an enlisted national guard member, pay the regular fee applicable to motorcycles, and the applicable fee specified in § 55-4-204, prior to the issuance of any such plate.
2. (2) Nothing in this section shall be construed as authorizing the issuance of an additional plate or plates free of charge to an eligible owner or lessee, whether for a motorcycle, authorized motor vehicle, or a combination of the two, above the total number of free plates authorized by § 55-4-261 for former prisoners of war, by § 55-4-258 pertaining to recipients of the Congressional Medal of Honor, by § 55-4-259 for recipients of the Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Bronze Star (Valor), Air Medal (Valor), or the Distinguished Flying Cross, by § 55-4-256 for disabled veterans, including those disabled veterans who choose to receive the Purple Heart plate, pursuant to § 55-4-256(d), or by § 55-4-255(d)(1)(A) for enlisted national guard members, as applicable.
(b) The motorcycle plates authorized by this section shall be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(5)(G)(v) for combat veterans, by § 55-4-203(c)(5)(G)(ix) for the Marine Corps League, by § 55-4-255 for national guard members, by § 55-4-269 for state guard members, by § 55-4-260 for Air Medal (Meritorious) and Bronze Star (Meritorious) recipients, by § 55-4-261 for former prisoners of war, by § 55-4-258 pertaining to recipients of the Congressional Medal of Honor, by § 55-4-259 for recipients of the Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Bronze Star (Valor), Air Medal (Valor), or the Distinguished Flying Cross, by § 55-4-256 for disabled veterans, by § 55-4-262 for Pearl Harbor survivors, by § 55-4-257 for holders of the Purple Heart, by § 55-4-254 for members of the United States reserve forces, by § 55-4-263 for enemy evadees, by § 55-4-252 for active and retired members of the United States military and the United States military reserves in good standing, or by § 55-4-253 for honorably discharged veterans, as applicable.
(c) The funds produced from the sale and renewal of the motorcycle plates shall be allocated in accordance with § 55-4-216 for the military plates enumerated in § 55-4-203(c)(5)(G), and in accordance with § 55-4-218 for the national guard plates enumerated in § 55-4-203(c)(3) and the memorial plates enumerated in § 55-4-203(c)(4), as applicable.

§ 55-4-272. Paratrooper.

(a) An owner or lessee of a motor vehicle who is a resident of this state, who is an active member or retired or honorably discharged veteran of the United States armed forces, and who, as part of the member or veteran's military duty, has been trained to jump from flying aircraft, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular fee applicable to the vehicle and the fee prescribed by § 55-4-204(c), shall be issued a paratrooper license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The application for such plate shall be accompanied by the following:
1. (1)
  1. (A) A valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active member of the United States armed forces; or
  2. (B)
    1. (i) A certified copy of the veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization;
    2. (ii) A valid DD form 2 (Retired) military identification card; or
    3. (iii) A Tennessee driver license that indicates military service in accordance with § 55-50-354; and
2. (2) Documentation of satisfactory completion of the prescribed proficiency tests while assigned or attached to a military airborne unit or the airborne department of the United States army infantry school, to include:
  1. (A) Military orders awarding the parachutist badge authorized by the United States army to the member or veteran;
  2. (B) The veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or report of separation and record of service, NGB form 22, indicating the awarding of the parachutist badge; or
  3. (C) The airborne course diploma issued to the member or veteran by the United States army infantry school.
(c)
1. (1) The design of such license plates that are issued pursuant to this section shall be colored red, white, and blue so as to be similar in hue and intensity to the coloration of the United States flag and shall bear the legend, “U.S. PARATROOPER.”
2. (2) The license plates provided for in this section shall feature a likeness of the parachutist badge authorized by the United States army.

§ 55-4-273. Members of 5th Special Forces Group (Airborne).

(a) Distinctive license plates are authorized for active, retired, and honorably discharged members of 5th Special Forces Group (Airborne) in good standing. The plates are approved for display on motor vehicles that are authorized by § 55-4-210(c) and that are owned and operated, or leased by, a member or a member's spouse or child.
(b) The license plates shall bear an emblem distinctive of 5th Special Forces Group (Airborne) and the legend “5th Special Forces Group (Airborne)”. The plates shall be designed in consultation with an authorized representative of 5th Special Forces Group (Airborne).
(c) The license plate authorized pursuant to this section shall be issued upon:
1. (1) Payment of the regular registration fee pursuant to this chapter;
2. (2) Payment of the fee prescribed by § 55-4-204(c); and
3. (3) Submission of documentation required by subsection (d) or (e).
(d)
1. (1) All applications pursuant to this section must be accompanied by military orders or other official documentation detailing an assignment to 5th Special Forces Group (Airborne) as proof of eligibility for issuance of a license plate pursuant to this section.
2. (2) In addition to providing the documentation required under subdivision (d)(1):
  1. (A) An active duty member of 5th Special Forces Group (Airborne) must present a valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military; or
  2. (B) A retired or honorably discharged member of 5th Special Forces Group (Airborne) must present:
    1. (i) A certified copy of the member's certificate of release or discharge from active duty, department of defense form 214 (DD 214);
    2. (ii) A valid DD form 2 (Retired) military identification card; or
    3. (iii) A Tennessee driver license that indicates military service in accordance with § 55-50-354.
3. (3) An application pursuant to this section by a spouse or child of a member must be accompanied by documentation that:
  1. (A) Is required from a member under subdivisions (d)(1) and (2); and
  2. (B) Provides sufficient proof that the applicant is the spouse or child of a member, including:
    1. (i) A valid DD form 1173 military dependent identification card;
    2. (ii) A marriage certificate;
    3. (iii) A birth certificate or certificate of adoption; or
    4. (iv) Other documentation designated by the commissioner.
(e) A surviving spouse of a deceased retired or honorably discharged member or of a member who died while on active duty shall be issued a license plate pursuant to this section, until the surviving spouse remarries, upon:
1. (1) Complying with state motor vehicle laws relating to registration and licensing of motor vehicles;
2. (2) Paying the regular registration fee pursuant to this chapter and the fee prescribed by § 55-4-204(c);
3. (3) Providing documentation required under subdivision (d)(3); and
4. (4) Providing a copy of the death certificate of the deceased.
(f) An applicant shall be required to submit the documentation required by subsection (d) or (e) only when initially applying for license plates under this section. Subsequent license plates under this section shall be issued to that person without the repeated presentation of documentation.

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§ 55-4-274. Rakkasans.

(a) Distinctive license plates are authorized for active, retired, and honorably discharged members of the Rakkasans, which is the moniker for the 187th Infantry Regiment of the 101st Airborne Division (Air Assault) of the United States Army, in good standing. The plates are approved for display on motor vehicles that are authorized by § 55-4-210(c) and that are owned and operated, or leased by, a member or a member's spouse or child.
(b) The license plates shall bear an emblem distinctive of the Rakkasans and the language “Rakkasans” with a red torii and the Combat Infantry Badge. The plates shall be designed in consultation with an authorized representative of the 187th Infantry Regiment.
(c) The license plate authorized pursuant to this section shall be issued upon:
1. (1) Payment of the regular registration fee pursuant to this chapter;
2. (2) Payment of the fee prescribed by § 55-4-204(c); and
3. (3) Submission of documentation required by subsection (d) or (e).
(d)
1. (1) All applications pursuant to this section must be accompanied by military orders or other official documentation detailing an assignment to the 187th Infantry Regiment of the 101st Airborne Division (Air Assault) of the United States Army as proof of eligibility for issuance of a license plate pursuant to this section.
2. (2) In addition to providing the documentation required under subdivision (d)(1):
  1. (A) An active duty member of the 187th Infantry Regiment must present a valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military; or
  2. (B) A retired or honorably discharged member of the 187th Infantry Regiment must present:
    1. (i) A certified copy of the member's certificate of release or discharge from active duty, department of defense form 214 (DD 214);
    2. (ii) A valid DD form 2 (Retired) military identification card; or
    3. (iii) A Tennessee driver license that indicates military service in accordance with § 55-50-354.
3. (3) An application pursuant to this section by a spouse or child of a member must be accompanied by documentation that:
  1. (A) Is required from a member under subdivisions (d)(1) and (2); and
  2. (B) Provides sufficient proof that the applicant is the spouse or child of a member, including:
    1. (i) A valid DD form 1173 military dependent identification card;
    2. (ii) A marriage certificate;
    3. (iii) A birth certificate or certificate of adoption; or
    4. (iv) Other documentation designated by the commissioner.
(e) A surviving spouse of a deceased retired or honorably discharged member or of a member who died while on active duty shall be issued a license plate pursuant to this section, until the surviving spouse remarries, upon:
1. (1) Complying with state motor vehicle laws relating to registration and licensing of motor vehicles;
2. (2) Paying the regular registration fee pursuant to this chapter and the fee prescribed by § 55-4-204(c);
3. (3) Providing documentation required under subdivision (d)(3); and
4. (4) Providing a copy of the death certificate of the deceased.
(f) An applicant shall be required to submit the documentation required by subsection (d) or (e) only when initially applying for license plates under this section. Subsequent license plates under this section shall be issued to that person without the repeated presentation of documentation.

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§ 55-4-275. Legion of Merit.

(a) A recipient of the Legion of Merit who is a resident of this state and who is an owner or lessee of a motor vehicle, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1), shall be issued a distinctive Legion of Merit motor vehicle registration plate, as appropriate, for a motor vehicle authorized by § 55-4-210(c).
(b) The Legion of Merit plates provided for in this section shall include an identification legend distinctive to recipients of the Legion of Merit, and the legend shall read “Legion of Merit”.
(c) Eligibility for Legion of Merit plates shall be determined by the department by consulting the appropriate information on the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or in a case of military service predating 1950, in consultation with appropriate information on the equivalent form or on other official documentation, or a written communication from the department of veterans services, the form, documentation, or communication certifying that the application for the plate is submitted by a recipient of the Legion of Merit, as appropriate.

§ 55-4-276. Women Veterans of Color.

(a) A distinctive license plate is authorized for any woman of color who is a veteran, if the woman of color is currently a resident of this state and is otherwise qualified to register and license a motor vehicle pursuant to this title. As used in this section, “woman of color” means a female who is African American, Hispanic, Asian American, American Indian, Alaska Native, or Middle Eastern American.
(b) The registration plates shall bear the legend “Women Veterans of Color”.
(c) The registration plate shall be issued upon payment of the regular registration fee pursuant to this chapter and the additional fee prescribed by § 55-4-204(c)(1), and submission of information in accordance with subsection (d).
(d) For issuance of a license plate pursuant to this section, all applications shall contain information that the commissioner requires proving the eligibility of the applicant as a woman of color who received an honorable discharge as a member of the armed services, as defined in § 49-4-928.

§ 55-4-277. Disabled Veteran (service-connected).

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, who is a disabled veteran of the United States armed forces, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Disabled Veteran military license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) Notwithstanding subdivision (a)(1), a disabled veteran who is entitled to the issuance of the Disabled Veteran military license plate under subdivision (a)(1) shall be issued a Disabled Veteran military license plate for a motor vehicle authorized by § 55-4-210(c), upon payment of one-half (½) of the regular registration fee for plates, as prescribed under § 55-4-111, and payment of one-half (½) of the fee provided for in § 55-4-204(c)(1), if the disabled veteran receives or is eligible to receive social security disability insurance (SSDI) benefits or supplemental security income (SSI).
(b) The design of the Disabled Veteran military license plates that are issued pursuant to this section shall be colored red, white, and blue so as to be similar in hue and intensity to the coloration of the United States flag and shall bear the legend “DISABLED VETERAN.” The design of the license plates shall not include the stylized wheelchair symbol or symbol of access in accordance with § 55-21-104 that is included on any license plate issued pursuant to § 55-4-256 or chapter 21 of this title.
(c) The Disabled Veteran military license plate issued pursuant to this section is for honorary purposes and does not qualify or grant the operator of a motor vehicle displaying the license plate any rights or privileges extended by chapter 21 of this title, including parking privileges.
(d) For purposes of this section, “disabled veteran” means a veteran who has a service-connected disability, as determined by the United States veterans administration.

§ 55-4-278. Army Ranger.

(a) An owner or lessee of a motor vehicle who is a resident of this state, who is an active, retired, or honorably discharged member of a United States army ranger unit or who is a graduate of the United States army ranger school, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a United States army ranger license plate for a motor vehicle authorized by § 55-4-210(c).
(b) All applications pursuant to this section must be accompanied by military orders or other official documentation proving the applicant's eligibility for issuance of a license plate pursuant to this section, to include:
1. (1) Military orders detailing a current or past assignment to a United States army ranger unit;
2. (2) Military orders awarding the ranger tab authorized by the United States army to the applicant;
3. (3) The applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or report of separation and record of service, NGB form 22, indicating the awarding of the ranger tab; or
4. (4) The diploma issued to the applicant from the United States army ranger school, as proof of eligibility for issuance of a license plate pursuant to this section.
(c) In addition to providing the documentation required under subsection (b):
1. (1) An active duty member of the military must present a valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military; or
2. (2) A retired or honorably discharged member of the military must present:
  1. (A) A certified copy of the member's certificate of release or discharge from active duty, department of defense form 214 (DD 214), honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization;
  2. (B) A valid DD form 2 (Retired) military identification card; or
  3. (C) A Tennessee driver license that indicates military service in accordance with § 55-50-354.
(d) The license plates are to feature a likeness of the ranger tab authorized by the United States army and bear the legend “U.S. Army Ranger.”
(e) An applicant shall be required to submit the documentation required by subsections (b) and (c) only when initially applying for license plates under this section. Subsequent license plates under this section shall be issued to that person without the repeated presentation of documentation.

§ 55-4-279. Combat Badges.

(a) A recipient of the Combat Action Badge, Combat Infantryman Badge, or Combat Medical Badge who is a resident of this state and who is an owner or lessee of a motor vehicle, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a distinctive Combat Action Badge, Combat Infantryman Badge, or Combat Medical Badge license plate, as appropriate, for a motor vehicle authorized by § 55-4-210(c).
(b)
1. (1) The Combat Action Badge plates provided for in this section must include an identification legend distinctive to recipients of the Combat Action Badge. The legend must read “Combat Action Badge”.
2. (2) The Combat Infantryman Badge plates provided for in this section must include an identification legend distinctive to recipients of the Combat Infantryman Badge. The legend must read “Combat Infantryman Badge”.
3. (3) The Combat Medical Badge plates provided for in this section must include an identification legend distinctive to recipients of the Combat Medical Badge. The legend must read “Combat Medical Badge”.
(c) All applications pursuant to this section must be accompanied by the following as proof of eligibility for issuance of a plate pursuant to this section:
1. (1)
  1. (A) A valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active member of the United States armed forces; or
  2. (B)
    1. (i) A certified copy of the veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization;
    2. (ii) A valid DD form 2 (Retired) military identification card; or
    3. (iii) A Tennessee driver license that indicates military service in accordance with § 55-50-354; and
2. (2) Documentation certifying that the application for the plate is submitted by a recipient of the Combat Action Badge, Combat Infantryman Badge, or Combat Medical Badge, as appropriate, to include:
  1. (A) Military orders awarding the Combat Action Badge, Combat Infantryman Badge, or Combat Medical Badge, as appropriate, authorized by the United States army to the member or veteran; or
  2. (B) The veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or report of separation and record of service, NGB form 22, indicating the awarding of the Combat Action Badge, Combat Infantryman Badge, or Combat Medical Badge, as appropriate.
(d) An applicant is required to submit the documentation required by subsection (c) only when initially applying for license plates under this section. Subsequent license plates under this section must be issued to that person without the repeated presentation of documentation.

§ 55-4-280. Presidential Service Badge.

(a) A recipient of the Presidential Service Badge who is a resident of this state and who is an owner or lessee of a motor vehicle, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Presidential Service Badge license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The plates provided for in this section must include a likeness of the Presidential Service Badge. The legend must read “Presidential Service Badge”.
(c) All applications pursuant to this section must be accompanied by the following as proof of eligibility for issuance of a plate pursuant to this section:
1. (1)
  1. (A) A valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active member of the United States armed forces; or
  2. (B)
    1. (i) A certified copy of the veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization;
    2. (ii) A valid DD form 2 (Retired) military identification card; or
    3. (iii) A Tennessee driver license that indicates military service in accordance with § 55-50-354; and
2. (2) Documentation certifying that the application for the plate is submitted by a recipient of the Presidential Service Badge, to include:
  1. (A) Military orders awarding the Presidential Service Badge, authorized by a branch of the United States armed forces to the member or veteran; or
  2. (B) The veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or report of separation and record of service, NGB form 22, indicating the awarding of the Presidential Service Badge.
(d) An applicant is required to submit the documentation required by subsection (c) only when initially applying for license plates under this section. Subsequent license plates under this section must be issued to that person without the repeated presentation of documentation.

§ 55-4-281 — 55-4-289. [Reserved.]

§ 55-4-281. Coast Guard Medal or Coast Guard Commendation Medal.

(a) A recipient of the Coast Guard Medal or the Coast Guard Commendation Medal who is a resident of this state and who is an owner or lessee of a motor vehicle, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and upon paying the regular registration fee for plates, as prescribed under § 55-4-111, and the fee provided for in § 55-4-204(c)(1), shall be issued a distinctive Coast Guard Medal or Coast Guard Commendation Medal motor vehicle registration plate, as appropriate, for a motor vehicle authorized by § 55-4-210(c).
(b) The plates provided for in this section must include a likeness of the Coast Guard Medal or the Coast Guard Commendation Medal and bear the legend “Coast Guard Medal” or “Coast Guard Commendation Medal”, as applicable.
(c) All applications pursuant to this section must be accompanied by the following as proof of eligibility for issuance of a plate pursuant to this section:
1. (1)
  1. (A) A valid military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active member of the United States armed forces; or
  2. (B)
    1. (i) A certified copy of the veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization;
    2. (ii) A valid DD form 2 (Retired) military identification card; or
    3. (iii) A Tennessee driver license that indicates military service in accordance with § 55-50-354; and
2. (2) Documentation certifying that the application for the plate is submitted by a recipient of the Coast Guard Medal or Coast Guard Commendation Medal, as applicable, to include:
  1. (A) Military orders awarding the Coast Guard Medal or Coast Guard Commendation Medal, authorized by a branch of the United States armed forces to the member or veteran; or
  2. (B) The veteran's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or report of separation and record of service, NGB form 22, indicating the awarding of the Coast Guard Medal or Coast Guard Commendation Medal.
(d) An applicant is required to submit the documentation required by subsection (c) only when initially applying for license plates under this section. Subsequent license plates under this section must be issued to that person without the repeated presentation of documentation.

§ 55-4-290. Allocation of revenue from specialty earmarked plates.

(a) Effective July 1, 1998, and for all subsequent fiscal years, the revenues produced from the sale or renewal of specialty earmarked motor vehicle registration plates as defined in § 55-4-201, after deducting the expense the department has incurred in designing, manufacturing and marketing the plates, shall be allocated in each fiscal year as earmarked or specified in the statute authorizing the issuance of each individual specialty earmarked plate.
(b) Nothing in this section shall be construed as reallocating the revenues produced from the regular motor vehicle registration fees, or renewals thereof, imposed by part 1 of this chapter. The revenues shall be allocated in accordance with § 55-6-107.

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§ 55-4-291. “Children First!”

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a “CHILDREN FIRST!” specialty earmarked plate for a motor vehicle authorized by § 55-4-210(c).
(b) The commissioner, in consultation with the commission on children and youth, shall determine a distinctive color and design for the “CHILDREN FIRST!” specialty earmarked plate.
(c) All revenues produced in each fiscal year from the sale of “CHILDREN FIRST!” specialty earmarked plates, minus the costs the state has incurred in designing and manufacturing the plates, shall be allocated to the department of human services, to be used solely to provide additional funding for child abuse prevention services pursuant to § 71-6-203.

§ 55-4-292. “Helping schools” volunteers.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who wishes to contribute to the welfare and well-being of Tennessee's public schools, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a “Helping Schools” specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The specialty earmarked plates provided for in this section shall be designed in consultation with the department of education.
(c)
1. (1)
  1. (A) The proceeds from the fee paid pursuant to § 55-4-204 for the sale of “Helping Schools” specialty earmarked plates and the special decals authorized by this section, minus the expense the state has incurred in designing, marketing and manufacturing the plates or decals, shall be deposited in the general school fund. The owners or lessees of motor vehicles who obtain special plates pursuant to this section may designate that the proceeds from the fees shall be allocated to a particular named school. The county clerk shall remit the proceeds to the local education agency operating the named school, and the local school board shall allocate the proceeds for the benefit of the named school, and shall make the funds available to the school. Any undesignated proceeds from these fees shall be allocated as provided in this section. At the option of the local school board or boards, these funds may be provided to an educational foundation in each system or systems. The foundation shall be duly chartered under the statutes of Tennessee.
  2. (B) The foundation shall allocate the funds solely for supplies, equipment and training for students and certificated employees. Proceeds shall be distributed to the local education agency according to the average daily attendance of schools which serve the counties in which the proceeds were generated.
2. (2) Notwithstanding this section or any other law to the contrary, in lieu of the specialty earmarked plates provided by this section, owners or lessees of authorized motor vehicles may be issued a special decal for the windshield of the motor vehicles, such decal containing the logo “Helping Schools.” All other provisions of this section concerning the issuance of specialty earmarked license plates, including the payment of the special fee as provided in § 55-4-204, shall apply to the special decal.

§ 55-4-293. Supporter of Saint Jude Children's Research Hospital.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a supporter of Saint Jude Children's Research Hospital specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The specialty earmarked plates provided for in this section shall be designed in consultation with the chair of the board of directors of Saint Jude Children's Research Hospital.
(c)
1. (1) The funds produced from the sale of the supporters of Saint Jude Children's Research Hospital specialty earmarked license plates, less the expense the state has incurred in designing and manufacturing the plates, shall be deposited in a special fund in the general fund to be used exclusively for research into the causes and treatment of cancer and cancer-related illnesses in children at children's hospitals in Tennessee that have such treatment and research as their principal mission. The commissioner of health shall make grants to these hospitals for such research from moneys available in the special fund.
2. (2) There is established a general fund reserve to be allocated by the general appropriations act, which shall be known as the children's cancer research endowment fund. Moneys from the fund may be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from this reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.

§ 55-4-294. African-American fraternity or sorority members.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member or alumni member of the following fraternities or sororities: Delta Sigma Theta, Alpha Kappa Alpha, Zeta Phi Beta, Omega Psi Phi, Alpha Phi Alpha, Phi Beta Sigma, or Kappa Alpha Psi, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an appropriate African-American fraternity or sorority specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The application for these license plates shall be accompanied by proof satisfactory to the commissioner, certifying the applicant to be a member or alumni member of the appropriate fraternity or sorority pursuant to subsection (a).
(c)
1. (1) The specialty earmarked plates provided for in this section shall be of the colors and contain the logo of the appropriate fraternity or sorority pursuant to subsection (a) and shall be designed in consultation with the executive director of the appropriate fraternity or sorority.
2. (2) Notwithstanding subdivision (c)(1), the Alpha Phi Alpha specialty earmarked plate must be designed in consultation with the executive director of Alpha Phi Alpha fraternity and must contain the colors, logo, or other emblem or design distinctive to Alpha Phi Alpha fraternity. No later than January 1, 2023, the commissioner shall cause to be reissued a new Alpha Phi Alpha specialty earmarked plate of a design created pursuant to this subdivision (c)(2).
(d) The proceeds from the fees paid pursuant to § 55-4-204 for the sale of the African-American fraternity and sorority specialty earmarked plates authorized by this section, minus the expense the state has incurred in designing and manufacturing these plates, shall be deposited in a fund to benefit Tennessee historically black colleges (Fisk University, Knoxville College, Lane College, American Baptist College, and LeMoyne-Owen College).

§ 55-4-295. Environmental.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an environmental specialty earmarked plate for a motor vehicle authorized by § 55-4-210(c).
(b) All revenues produced from the sale of environmental plates, minus the costs the state has incurred in designing, marketing and manufacturing the plates, shall be allocated to the division of state parks in the department of environment and conservation to be used solely for the planting and cultivation of trees, shrubs, plants, and flowers and for the maintenance of trees, shrubs, plants and flowers and for making grants to universities in Tennessee for the development of new methods of treating pests that threaten trees and other vegetation at parks.

§ 55-4-296. Friends of Great Smoky Mountains.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Friends of Great Smoky Mountains specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b)
1. (1) The funds produced from the sale of the Friends of Great Smoky Mountains specialty earmarked license plates shall be allocated in accordance with § 55-4-290 to the Friends of Great Smoky Mountains Endowment Fund established pursuant to subdivision (b)(2). Subject to subdivision (b)(3), the commissioner of finance and administration shall make disbursements of the funds on a quarterly basis to the Friends of Great Smoky Mountains, Inc. The funds shall be used exclusively for the assistance of the national park service in the care of the Great Smoky Mountains National Park.
2. (2) There is established a general fund reserve to be allocated by the general appropriations act, which shall be known as the Friends of Great Smoky Mountains endowment fund. Moneys from the fund may be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from this reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
3. (3) No expenditure shall be made from the fund until the combination of principal and interest reaches one hundred thousand dollars ($100,000). Thereafter, the first fifty thousand dollars ($50,000) in revenues produced from the sale of the plates in each fiscal year shall be added to the principal, and all revenues produced from the sale of the plates in each fiscal year in excess of fifty thousand dollars ($50,000) and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund; provided, however, at such time as the principal of the fund reaches five hundred thousand dollars ($500,000), all revenues produced thereafter from the sale of the plates in each fiscal year and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund.
(c) The specialty earmarked plates provided for in this section shall be designed in consultation with a representative of Friends of Great Smoky Mountains, Inc.

§ 55-4-297. Nongame and endangered wildlife species.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a nongame and endangered wildlife species or “Watchable Wildlife” specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The funds produced from the sale of nongame and endangered wildlife species or “Watchable Wildlife” specialty earmarked license plates, less the expense the state has incurred in designing and manufacturing the plates, shall be deposited in the watchable wildlife endowment fund established by § 70-8-110(c), to be used exclusively for the preservation of nongame and endangered wildlife species and the protection and enhancement of such species' habitats.
(c) The specialty earmarked plates provided for in this section shall be designed in consultation with the executive director of the Tennessee wildlife resources agency.

§ 55-4-298. Agriculture.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who wishes to promote agriculture in Tennessee through market development, education, and awareness, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an agriculture specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b)
1. (1) The additional fee imposed by § 55-4-204 for the issuance of agricultural specialty earmarked license plates, minus the expense the state has incurred in designing and manufacturing the plates, shall be earmarked for and appropriated to the department of agriculture for deposit in the agricultural development fund.
2. (2) The agricultural development fund shall be used exclusively for funding projects and activities that promote market development for agricultural products, as well as promoting information, education, and awareness about agriculture in Tennessee.
3. (3) The commissioner of agriculture may issue grants from the agricultural development fund for the purposes set forth in this section.
4. (4) Moneys in the agricultural development fund shall not revert to the general fund at the end of any fiscal year, but shall be carried forward in a reserve fund into the next fiscal year to be reappropriated for the purposes set forth in this section. All interest accruing on investments and deposits in the agricultural development fund not otherwise expended shall be returned to and made a part of the fund.
(c) The specialty earmarked plates provided for in this section shall be designed in consultation with the commissioner of agriculture.

§ 55-4-299. Ducks Unlimited.

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member of Ducks Unlimited, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Ducks Unlimited specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) [Deleted by 2023 amendment.]
(c) The specialty earmarked plates provided for in this section shall contain the logo of Ducks Unlimited, and shall be designed in consultation with the executive director of the Tennessee chapter of Ducks Unlimited.
(d) The funds produced from the sale of Ducks Unlimited specialty earmarked license plates authorized by this section shall be allocated to Ducks Unlimited in accordance with § 55-4-290.

Part 3 New specialty earmarked license plates.

§ 55-4-301. Allocation of revenue from new specialty earmarked license plates.

(a) All revenues produced from the sale or renewal of new specialty earmarked license plates, as defined in § 55-4-201, after deducting the expense the department has incurred in designing, manufacturing, and marketing the plates and, if applicable, disabled driver decals in accordance with § 55-21-103(a)(6), must be allocated as follows:
1. (1) Fifty percent (50%) of the funds must be allocated to the nonprofit organization or state agency or fund earmarked to receive the funds by the statute authorizing the issuance of the plate. The funds must be used solely to fulfill the purpose or to accomplish the goal specified in the statute authorizing the issuance of the plate;
2. (2) Forty percent (40%) of the funds must be allocated to the Tennessee arts commission created in title 4, chapter 20; and
3. (3) Ten percent (10%) of the funds must be allocated to the state highway fund.
(b)
1. (1) The revenues allocated to the Tennessee arts commission pursuant to subdivision (a)(2) must be distributed by the arts commission in the form of grants to arts organizations or events which meet criteria established by the arts commission for receiving grants, within the following parameters:
  1. (A) One-third (⅓) of the funds must be distributed to qualifying arts organizations or events in urban counties; and
  2. (B) Two-thirds (⅔) of the funds must be distributed to qualifying arts organizations or events in rural counties.
2. (2) Before the revenue allocated in subdivisions (b)(1)(A) and (B) is granted to the particular local arts organizations or events, an amount not to exceed fifty percent (50%) of the revenues allocated to the Tennessee arts commission pursuant to subdivision (a)(2) may be expended for other grants and activities as determined by the commission.
(c) It is the legislative intent that funds statutorily earmarked from the sale or renewal of new specialty earmarked plates must be allocated only to:
1. (1) A nonprofit organization;
2. (2) A department, agency, or other instrumentality of state government; or
3. (3) A special reserve fund to be utilized by a state agency to effectuate a purpose deemed to be in the state's best interest.
(d) This section does not reallocate revenues produced from the regular motor vehicle registration fees, or renewals thereof, imposed by part 1 of this chapter. Such revenues must be allocated in accordance with § 55-6-107.
(e) For purposes of this section:
1. (1) “Rural counties” are those counties that are not included within a metropolitan statistical area, as defined by the federal office of management and budget; and
2. (2) “Urban counties” are those counties that are included within a metropolitan statistical area, as defined by the federal office of management and budget and as enumerated by the Tennessee state data center.

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§ 55-4-302. Firearms.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a National Rifle Association new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The application for the license plates must be accompanied by proof satisfactory to the commissioner certifying the applicant to be a member of the National Rifle Association.
(c) The National Rifle Association new specialty earmarked license plate must contain an appropriate logo and design representative of the National Rifle Association. The plates must be designed in consultation with the executive vice president of the National Rifle Association.
(d) The funds produced from the sale of National Rifle Association new specialty earmarked license plates must be allocated to the Tennessee Wildlife Federation, in accordance with § 55-4-301. The funds must be used exclusively for scholastic clay target programs.

§ 55-4-303. Fish and wildlife.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Sportsman new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate image, design, or logo that promotes and indicates support for the protection, propagation, and conservation of fish and wildlife in Tennessee, including the importance of protecting and preserving for future generations the heritage of hunting and fishing in this state. These plates must be designed in consultation with the executive director of the Tennessee wildlife resources agency and the board of directors of the Sportsmen's Wildlife Foundation.
3. (3) The funds produced from the sale of Sportsman new specialty earmarked license plates must be allocated to the Sportsmen's Wildlife Foundation, in accordance with § 55-4-301. The funds must be used exclusively to establish and administer programs to ensure the protection, propagation, and conservation of fish and wildlife in Tennessee in order to assure the preservation of the heritage of hunting and fishing in this state for future generations.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Fish and Wildlife Species new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with the executive director of the Tennessee wildlife resources agency, the director of the department's vehicle services division, and the commissioner.
3. (3) The funds produced from the sale of Fish and Wildlife Species new specialty earmarked license plates must be deposited in the wildlife resources fund established in § 70-1-401, in accordance with § 55-4-301. The funds must be used exclusively for management, protection, propagation, and conservation of fish and wildlife species and the protection and enhancement of the species' habitats.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Eagle Foundation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must contain the official logo of the Eagle Foundation or a representation of the American bald eagle, or both. The plates must be designed in consultation with the board of directors of the Eagle Foundation.
3. (3) The funds produced from the sale of Eagle Foundation new specialty earmarked license plates must be allocated to the Eagle Foundation, in accordance with § 55-4-301. The funds must be used exclusively for the preservation of the American bald eagle and its habitat.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Trout Unlimited new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must contain the official Trout Unlimited logo or other appropriate design representative of the organization. The plates must be designed in consultation with the board of trustees of Trout Unlimited.
3. (3) The funds produced from the sale of Trout Unlimited new specialty earmarked license plates must be allocated to the Tennessee Council of Trout Unlimited, in accordance with § 55-4-301, for distribution to the Tennessee chapters of Trout Unlimited in amounts as determined by the council. The funds must be used exclusively in Tennessee by the Tennessee chapters of Trout Unlimited to further the organization's mission to conserve, protect, and restore North America's coldwater fisheries and their watersheds.
(e)
1. (1) An owner or lessee of a motor vehicle who is a resident of the state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Smallmouth Bass new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (e) must contain a design of a smallmouth bass. The plates must be designed in consultation with the executive director of the Tennessee wildlife resources agency.
3. (3) The funds produced from the sale of Smallmouth Bass new specialty earmarked license plates must be allocated to the Tennessee wildlife resources agency, in accordance with § 55-4-301. The funds must be deposited in the wildlife resources fund established in § 70-1-401, to be used exclusively for management, protection, propagation, and conservation of fish and wildlife species, and the protection and enhancement of the species' habitats.
(f)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a National Wild Turkey Federation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (f) must contain the official image, logo, or other appropriate design representative of the National Wild Turkey Federation and include the phrase “Conserve. Hunt. Share.” The plates must be designed in consultation with the regional director for the East Tennessee local chapters of the National Wild Turkey Federation.
3. (3) The funds produced from the sale of National Wild Turkey Federation new specialty earmarked license plates must be allocated to the Tennessee State Chapter of the National Wild Turkey Federation, in accordance with § 55-4-301, for distribution to the Tennessee local chapters of the organization. The funds must be used exclusively in Tennessee to further the organization's mission to conserve the wild turkey and preserve the heritage of hunting in this state.
(g)
1. (1) An owner or lessee of a motor vehicle who is a resident of the state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee Wildlife Federation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (g) must be designed in consultation with the executive director of the Tennessee Wildlife Federation.
3. (3) The funds produced from the sale of Tennessee Wildlife Federation new specialty earmarked license plates must be allocated to the Tennessee Wildlife Federation, in accordance with § 55-4-301. The funds must be used exclusively in furtherance of the organization's activities in Tennessee.
(h)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Tennessee Wildlife Federation Nongame and Education Programs new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (h) must contain the official Tennessee Wildlife Federation logo or other appropriate design representative of the organization. The plates must be designed in consultation with the board of directors of the Tennessee Wildlife Federation.
3. (3) The funds produced from the sale of Tennessee Wildlife Federation Nongame and Education Programs new specialty earmarked license plates must be allocated to the Tennessee Wildlife Federation, in accordance with § 55-4-301. The funds must be used exclusively in Tennessee to further the organization's mission to conserve, protect, and restore Tennessee's wildlife and natural resources.

§ 55-4-304. Animals and animal welfare.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Animal Friendly new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate image, design, or logo that depicts an animal or animals and indicates support for animal welfare. The plates must bear the legend “Spay/Neuter”.
3. (3)
  1. (A)
    1. (i) The funds produced from the sale of the Animal Friendly new specialty earmarked license plates must be deposited in a special fund in the general fund, in accordance with § 55-4-301, to be used exclusively for grants to nonprofit organizations or governmental agencies to provide low-cost spaying and neutering of unsterilized animals to prevent or reduce animal overpopulation as well as funding to defray costs incurred by the department of agriculture associated with the licensing of dog and cat dealers pursuant to title 44, chapter 17, part 1, not to exceed eighty thousand dollars ($80,000) per year and not to be available to the department for such purposes after July 1, 2004.
    2. (ii)
      1. (a) During the first fiscal year in which revenues derived from the fees collected pursuant to title 44, chapter 17, part 1, exceed one hundred thirty thousand dollars ($130,000), the department of agriculture shall allocate all the revenues in excess of one hundred thirty thousand dollars ($130,000) to the animal population control endowment fund.
      2. (b) The department of agriculture shall continue the procedure outlined in subdivision (a)(3)(A)(ii)(a) during subsequent fiscal years until such time as the department has made reimbursements to the animal population control endowment fund in a total amount of one hundred sixty thousand dollars ($160,000).
    3. (iii) The commissioner of agriculture is authorized to make grants to eligible organizations to operate animal sterilization programs from moneys available in the special fund.
  2. (B) There is established a general fund reserve to be allocated by the general appropriations act to be known as the animal population control endowment fund. Moneys from the fund may be expended to fund activities authorized by this subsection (a). Revenues deposited in this reserve must remain in the reserve until expended for purposes consistent with this subsection (a), and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by the revenues shall not revert on any June 30, but must remain available for appropriation in subsequent fiscal years. An appropriation from this reserve shall not revert to the general fund on any June 30, but must remain available for expenditure in subsequent fiscal years.
  3. (C) All revenues produced from the sale and renewal of the new specialty earmarked plates authorized by this subsection (a) must be allocated in accordance with § 55-4-301.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee Walking Horse new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must bear the image of or a design depicting the Tennessee Walking Horse.
3. (3) The funds produced from the sale of Tennessee Walking Horse new specialty earmarked license plates must be allocated to the Tennessee Walking Horse Breeders' and Exhibitors' Association, in accordance with § 55-4-301. The funds must be used exclusively to maintain the purity of the breed, to promote greater awareness of the Tennessee Walking Horse and its qualities, to encourage expansion of the breed, and to help assure its general welfare in Tennessee.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Service Dogs new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Smoky Mountain Service Dogs.
3. (3) The funds produced from the sale of Service Dogs new specialty earmarked license plates must be allocated to Smoky Mountain Service Dogs, in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to enhance the physical and psychological quality of life for wounded veterans by providing trained service dogs to disabled veterans.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Service Dogs Changing Lives new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must be designed in consultation with a representative of Retrieving Independence.
3. (3) The funds produced from the sale of Service Dogs Changing Lives new specialty earmarked license plates must be allocated to Retrieving Independence, in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to breed, train, and place service dogs with people who are living with physical, mental, or emotional disabilities.
(e)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Old Friends Senior Dog Sanctuary new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (e) must be designed in consultation with a representative of Old Friends Senior Dogs, Inc.
3. (3) The funds produced from the sale of Old Friends Senior Dog Sanctuary new specialty earmarked license plates must be allocated to Old Friends Senior Dogs, Inc., in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to save senior dogs located in shelters in this state and find them a loving foster family or remain at the sanctuary for the rest of their lives.
(f)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tiger Haven new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (f) must be designed in consultation with a representative of Tiger Haven, Inc.
3. (3) The funds produced from the sale of Tiger Haven new specialty earmarked license plates must be allocated to Tiger Haven, Inc., in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to protect rescued big cats, including purchasing food and cages for the animals.
4. (4) Notwithstanding § 55-4-202(k)(1), the Tiger Haven new specialty earmarked license plate authorized pursuant to this subsection (f) has until July 1, 2023, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).
(g)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Fighting for the Bullys new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (g) must be designed in consultation with a representative of Fighting for the Bullys Pit Bull Rescue.
3. (3) The funds produced from the sale of Fighting for the Bullys new specialty earmarked license plates must be allocated to Fighting for the Bullys Pit Bull Rescue in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to rescue and save bully breeds located in animal shelters in this state and find them a loving foster family.

§ 55-4-305. Bees and pollinators.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Save the Bees new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The Save the Bees new specialty earmarked license plate must contain the official logo or other design representative of Honeybee Tennessee. The plates must be designed in consultation with a representative of Honeybee Tennessee.
(c) The funds produced from the sale of Save the Bees new specialty earmarked license plates must be allocated to Honeybee Tennessee in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to educate the community on the importance of honeybees, including providing funding to local schools and camps for the appropriate equipment and educational materials needed for beekeeping.

§ 55-4-306 — 55-4-309. [Reserved]

§ 55-4-310. Lakes and Rivers.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Protecting Rivers and Clean Waters new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be of an appropriate design representative of the protection of rivers and clean waters. The plates must be designed in consultation with the Harpeth Conservancy.
3. (3) The funds produced from the sale of the Protecting Rivers and Clean Waters new specialty earmarked license plates must be allocated to the Harpeth Conservancy, in accordance with § 55-4-301. The funds must be used exclusively for restoring and protecting the ecological health of the Harpeth River and clean water in Tennessee.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Radnor Lake new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with the commissioner of environment and conservation, commissioner of agriculture, executive director of the Tennessee wildlife resources agency, and the commissioner of revenue.
3. (3) The funds derived from the sale of the Radnor Lake new specialty earmarked license plates must be allocated to The Friends of Radnor Lake in accordance with § 55-4-301. The funds must be used exclusively to protect, preserve, and promote the natural integrity of Radnor Lake Natural Area in Davidson County.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a River Life new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Shelbyville-Bedford Community Foundation, Inc.
3. (3) The funds produced from the sale of River Life new specialty earmarked license plates must be allocated to Shelbyville-Bedford Community Foundation, Inc., in accordance with § 55-4-301. The funds must be used exclusively to assist Bedford County emergency services with Duck River safety challenges in the Duck River area.
4. (4) Notwithstanding § 55-4-202(k)(1), the River Life new specialty earmarked license plate authorized pursuant to this subsection (c) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).

§ 55-4-311. National and state parks.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Appalachian Trail new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be designed in consultation with the Appalachian Trail Conservancy.
3. (3) The funds produced from the sale of Appalachian Trail new specialty earmarked license plates must be allocated to the Appalachian Trail Conservancy in accordance with § 55-4-301. Notwithstanding § 55-4-202(i) to the contrary, the funds must be used exclusively to support and assist the management of programs and activities for the Appalachian Trail that lies either in Tennessee or near the Tennessee-North Carolina border.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Friends of Sycamore Shoals Historic Area, Inc., new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be of an appropriate design representative of the Gadsden flag and include the language “Don't Tread on Me.” The plates must be designed in consultation with representatives of the Friends of Sycamore Shoals Historic Area, Inc.
3. (3) The funds produced from the sale of Friends of Sycamore Shoals Historic Area, Inc. new specialty earmarked license plates must be allocated to the Friends of Sycamore Shoals Historic Area, Inc., in accordance with § 55-4-301. The funds must be used exclusively to support and promote the Sycamore Shoals State Park in Elizabethton, Tennessee, including, but not limited to, assisting in the development, maintenance, and presentation of the park's grounds and structures.
(c) [Obsolete. See Compiler's Notes.]
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a First State Flag new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must be of an appropriate design representative of the original state flag of Tennessee that was adopted in 1897 and include the language “The Volunteer State”. The plates must be designed in consultation with a representative of the Tipton-Haynes Historical Association, Incorporated.
3. (3) The funds produced from the sale of First State Flag new specialty earmarked license plates must be allocated to the Tipton-Haynes Historical Association, Incorporated, in accordance with § 55-4-301. The funds must be used exclusively to support the organization's efforts to operate the Tipton-Haynes State Historic Site in Johnson City, Tennessee.

§ 55-4-312. Local and regional parks.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Friends of Shelby Park and Bottoms new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be of an appropriate design representative of Shelby Park and Bottoms and East Nashville and bear the language “East Nashville” at the bottom of the plate. The plates must be designed in consultation with a representative of the Friends of Shelby Park and Bottoms, Inc.
3. (3) The funds produced from the sale of Friends of Shelby Park and Bottoms new specialty earmarked license plates must be allocated to the Friends of Shelby Park and Bottoms, Inc., in accordance with § 55-4-301. The funds must be used exclusively to support the organization's efforts to maintain park features, promote educational programs, support recreational activities, engage visitors, and undertake revitalization efforts within the urban park system.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Bays Mountain new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with a representative of The Bays Mountain Park Association or the City of Kingsport.
3. (3) The funds produced from the sale of Bays Mountain new specialty earmarked license plates must be allocated to The Bays Mountain Park Association, in accordance with § 55-4-301. The funds must be used exclusively to promote and support Bays Mountain Park and Planetarium.
4. (4) Notwithstanding § 55-4-202(k)(1), the Bays Mountain new specialty earmarked license plate authorized pursuant to this subsection (b) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a The Volunteer State new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (c) must be designed in consultation with a representative of the Rocky Mount Historical Association.
3. (3) The funds produced from the sale of The Volunteer State new specialty earmarked license plates must be allocated to the Rocky Mount Historical Association in accordance with § 55-4-301. The funds must be used exclusively to provide educational and community outreach programs focused upon the history of the Rocky Mount State Historic site and the customs, values, and practices of the early settlers of Tennessee.

§ 55-4-313. Civil War history.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Civil War Preservation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be of an appropriate design to commemorate the historical and cultural significance of the American Civil War. The plates must be designed in consultation with the Tennessee Civil War Preservation Association.
3. (3) The funds produced from the sale of Civil War Preservation new specialty earmarked license plates must be allocated to the Tennessee Civil War Preservation Association in accordance with § 55-4-301. The funds must be used exclusively for Tennessee Civil War battlefield preservation and interpretation, and for planning and implementation of Tennessee's Civil War sesquicentennial commemoration and activities.
4. (4) The Civil War Preservation new specialty earmarked license plate is deemed the official license plate for the Tennessee Civil War sesquicentennial commemoration.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Sons of Confederate Veterans new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be of the colors and contain the logo of the Sons of Confederate Veterans. The plates must be designed in consultation with the commander of the Tennessee Division of the Sons of Confederate Veterans.
3. (3) The funds produced from the sale of Sons of Confederate Veterans new specialty earmarked license plates must be allocated to the Tennessee Division of Sons of Confederate Veterans in accordance with § 55-4-301.
4. (4)
  1. (A) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Sons of Confederate Veterans new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
  2. (B) The motorcycle plates authorized by this subdivision (b)(4) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular Sons of Confederate Veterans new specialty earmarked license plate authorized by subdivision (b)(1).
5. (5) For the purposes of § 55-4-202(g)(1), all license plates authorized or issued pursuant to subdivisions (b)(1) and (4) must be included jointly in any determinations for initial issuance and continuation of issuance.

§ 55-4-314. Cities and counties.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued an Historic Franklin new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be of an appropriate design representative of historic Franklin, Williamson County, Tennessee, and include the language “Historic Franklin.” The plates must be designed in consultation with Franklin Tomorrow, Inc.
3. (3) The funds produced from the sale of Historic Franklin new specialty earmarked license plates must be allocated to Franklin Tomorrow, Inc., in accordance with § 55-4-301. The funds must be used exclusively for Franklin Tomorrow's community-wide effort to create and implement a shared vision for the future of Franklin, Tennessee.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Historic Maury new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be of an appropriate design representative of historic Maury County and bear an image of or a design depicting the Maury County courthouse dome. The plates must be designed in consultation with a representative of the Maury County Historical Society.
3. (3) The funds produced from the sale of Historic Maury new specialty earmarked license plates must be allocated to the Maury County Historical Society in accordance with § 55-4-301. The funds must be used exclusively to promote and assist in the preservation of history in Maury County.
4. (4) Notwithstanding § 55-4-202(k)(1), the Historic Maury new specialty earmarked license plate authorized pursuant to this subsection (b) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Wilson County The Place to Be new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative from the county government of Wilson County.
3. (3) The funds produced from the sale of the new specialty earmarked license plates must be allocated to Wilson Rides, Inc., in accordance with § 55-4-301, to be used exclusively in this state for ride scheduling and volunteer scheduling services.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Historic Jonesborough new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must be of an appropriate design representative of historic Jonesborough, Washington County, Tennessee. The plates must be designed in consultation with representatives of the Heritage Alliance of Northeast Tennessee and Southwest Virginia and the Jonesborough Genealogical Society.
3. (3) The funds produced from the sale of Historic Jonesborough new specialty earmarked license plates must be allocated to the Heritage Alliance of Northeast Tennessee and Southwest Virginia in accordance with § 55-4-301. The funds must be used exclusively to promote and assist tourism and the preservation of history in the Town of Jonesborough and surrounding community.

§ 55-4-315. Museums.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Memphis Rock ‘n' Soul Museum new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain the logo or other distinctive emblem of the Memphis Rock ‘n' Soul Museum in an appropriate design and contain the language “The State of American Music.” The plates must be designed in consultation with a representative designated by the Memphis Rock ‘n' Soul Museum.
3. (3) The funds produced from the sale of Memphis Rock ‘n' Soul Museum new specialty earmarked license plates must be allocated to the Memphis Rock ‘n' Soul Museum in accordance with § 55-4-301. The funds must be used exclusively for music educational programs and developing an oral history program of musical legends in this state.
(b) [Obsolete. See Compiler's Notes.]

§ 55-4-316 — 55-4-319. [Reserved]

§ 55-4-320. Military and veterans.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Support Our Troops new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain a pictorial representation of a soldier and a child in an appropriate design. The plates must be designed in consultation with the board of directors of Support Our Troops, Inc.
3. (3) The funds produced from the sale of Support Our Troops new specialty earmarked license plates must be allocated to Support Our Troops, Inc., in accordance with § 55-4-301. The funds must be used exclusively to operate the organization's programs and activities in this state.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Explore TN new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with a representative of A Soldier's Child Foundation.
3. (3) The funds produced from the sale of Explore TN new specialty earmarked license plates must be allocated to A Soldier's Child Foundation, in accordance with § 55-4-301. The funds must be used exclusively for the organization's mission to support children of military personnel who have lost their lives while on active duty, including through the provision of birthday celebrations for the children, the payment of fees for camps, and college scholarships.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued A Soldier's Child new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (c) must be of an appropriate design representative of A Soldier's Child Foundation and be designed in consultation with a representative of A Soldier's Child Foundation.
3. (3) The funds produced from the sale of A Soldier's Child new specialty earmarked license plates must be allocated to A Soldier's Child Foundation in accordance with § 55-4-301. The funds must be used exclusively to support the organization's programs and activities in this state, including serving the children of United States military personnel who have lost their lives while on active duty.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Honoring the Fallen new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (d) must be designed in consultation with a representative of Memories of Honor.
3. (3) The funds produced from the sale of Honoring the Fallen new specialty earmarked license plates must be allocated to Memories of Honor in accordance with § 55-4-301. The funds must be used exclusively in this state to support the organization's mission to honor fallen military and the families left behind through athletics, entertainment, and special events to help provide a healthy and active outlet for depression, grief, post-traumatic stress disorder, and survivor's remorse.

§ 55-4-321. Law enforcement.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state and who is a current member of the Tennessee Sheriffs' Association, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee Sheriffs' Association new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2)
  1. (A) The application for a Tennessee Sheriffs' Association new specialty earmarked plate must be accompanied by the current year's membership card from the Tennessee Sheriffs' Association, certifying the applicant to be a member of the organization. If renewed by mail, the renewal must be accompanied by a copy of the member's current year Tennessee Sheriffs' Association membership card.
  2. (B) Only paid sheriffs, deputy sheriffs, sheriff's office employees, and their spouses; retired sheriffs, deputy sheriffs, sheriff's office employees in good standing, and their spouses; and Tennessee Sheriffs' Association employees and their spouses who are members of the Tennessee Sheriffs' Association are permitted to receive the license plates.
3. (3) The new specialty earmarked plates provided for in this subsection (a) must bear the inscription “TENNESSEE SHERIFFS' ASSOCIATION” or “TSA” and an appropriate standardized insignia of the organization.
4. (4)
  1. (A) Within thirty (30) days of terminating membership or eligibility for membership in the Tennessee Sheriffs' Association, an applicant to whom a registration plate has been issued pursuant to this subsection (a) shall surrender the plate to the county clerk of the county of the applicant's residence.
  2. (B) The Tennessee Sheriffs' Association shall provide biannually to the department the names and addresses of persons who have terminated their membership in the Tennessee Sheriffs' Association, together with any other identifying information as the commissioner may require.
  3. (C) The Tennessee Sheriffs' Association shall provide quarterly to each sheriff's office a list of current plate holders for verification of employment, retiree in good standing, and spouses.
5. (5) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for a Tennessee Sheriffs' Association plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
6. (6) Funds produced from the sale of Tennessee Sheriffs' Association new specialty earmarked license plates must be allocated to the Tennessee Sheriffs' Association Charitable Foundations in accordance with § 55-4-301.
7. (7) For the purposes of § 55-4-202(g)(1), all license plates authorized or issued pursuant to subdivisions (a)(1) and (5) must be jointly included in any determinations for initial issuance and continuation of issuance.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member or associate member of the Fraternal Order of Police, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Fraternal Order of Police new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2)
  1. (A) The application for a Fraternal Order of Police new specialty earmarked plate must be accompanied by a copy of an active membership card or a statement from the Fraternal Order of Police certifying the applicant to be a member or associate member of the organization.
  2. (B) Only members and associate members of the Fraternal Order of Police or their spouses are permitted to receive the license plates.
3. (3)
  1. (A) The new specialty earmarked plates provided for in this subsection (b) must bear the inscription “FRATERNAL ORDER OF POLICE” or “FOP” and an appropriate standardized insignia of the organization.
  2. (B) For applicants who are associate members of the Fraternal Order of Police, the strip along the bottom of the license plate must also bear the language “ASSOCIATE MEMBER.”
4. (4)
  1. (A) Within thirty (30) days of terminating membership or associate membership in the Fraternal Order of Police, an applicant to whom a registration plate has been issued pursuant to this subsection (b) shall surrender the plate to the county clerk of the county of the applicant's residence.
  2. (B) The Fraternal Order of Police shall provide biannually to the department the names and addresses of any persons who have terminated their membership or associate membership in the Fraternal Order of Police, together with any other identifying information as the commissioner may require.
5. (5) The commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Fraternal Order of Police plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
6. (6) Funds produced from the sale of Fraternal Order of Police specialty earmarked license plates must be allocated to the Tennessee Fraternal Order of Police Charitable Foundation in accordance with § 55-4-301.
7. (7) Notwithstanding any law to the contrary, a person who was issued a Fraternal Order of Police specialty earmarked license plate prior to July 1, 2011, is entitled to retain the plate for vehicular use upon compliance with all motor vehicle laws relating to registration and licensing of motor vehicles and payment of all required fees. License plates described under this subdivision (b)(7) must continue to be considered Fraternal Order of Police specialty earmarked plates upon the applicant's designation.
8. (8) For the purposes of § 55-4-202(g)(1), all license plates authorized or issued pursuant to subdivisions (a)(1), (5), and (7) must be jointly included in any determinations for initial issuance and continuation of issuance. If Fraternal Order of Police new specialty earmarked plates are subsequently deemed obsolete pursuant to § 55-4-202(g)(1), then that determination also applies to all Fraternal Order of Police license plates issued prior to July 1, 2011.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Honoring Law Enforcement new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc.
3. (3) The funds produced from the sale of Honoring Law Enforcement new specialty earmarked license plates must be allocated to Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc., in accordance with § 55-4-301. The funds must be used exclusively to assist with the organization's mission to provide emotional and financial support as well as legal assistance to surviving families of law enforcement officers killed in the line of duty.
4. (4) Notwithstanding § 55-4-202(k)(1), the Honoring Law Enforcement new specialty earmarked license plate authorized pursuant to this subsection (c) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).
(d) [Obsolete. See Compiler's Notes.]

§ 55-4-322. Firefighters and first responders.

(a) An owner or lessee of a motor vehicle who is a resident of Tennessee, and who is a certified member of the International Association of Firefighters, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an International Association of Firefighters new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The application for an International Association of Firefighters new specialty earmarked plate must be accompanied by proof, satisfactory to the commissioner, certifying the applicant to be a member of the International Association of Firefighters.
(c) The International Association of Firefighters new specialty earmarked license plate must contain the logo of the International Association of Firefighters. The plates must be designed in consultation with the executive director of the Tennessee chapter of the International Association of Firefighters.
(d) Funds produced from the sale of International Association of Firefighters new specialty earmarked license plates must be allocated to the Tennessee Firefighters Emergency Relief Fund, in accordance with § 55-4-301.
(e) An International Association of Firefighters new specialty earmarked license plate does not convey any rights or privileges to the driver of a motor vehicle upon which the plates are displayed. A driver or passenger of a motor vehicle shall not engage in a firefighting or emergency services situation unless the person is otherwise authorized by law to perform those duties.
(f) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for an International Association of Firefighters new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
(g) For the purposes of § 55-4-202(g)(1), all license plates authorized or issued pursuant to subsections (a) and (f) must be included jointly in any determinations for initial issuance and continuation of issuance.

§ 55-4-323. Fraternal and social organizations.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of Tennessee, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Masons new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The application for a Masons new specialty earmarked plate must be accompanied by proof, satisfactory to the commissioner, certifying that the applicant is a member, or the spouse of a member, of the Free and Accepted Masons.
3. (3) The new specialty earmarked plates provided for in this subsection (a) must contain the logo of the Free and Accepted Masons. The plates must be designed in consultation with the Grand Lodge of the Free and Accepted Masons of the state of Tennessee.
4. (4)
  1. (A) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Masons new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
  2. (B) The motorcycle plates authorized by this subsection (a) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular Masons new specialty earmarked license plate authorized by subdivision (a)(1).
5. (5) Funds produced from the sale of the Masons new specialty earmarked license plates must be allocated to the Masonic Widows' and Orphans' Home of Tennessee fund in accordance with § 55-4-301.
6. (6) Upon the death of the spouse who was entitled to receive the Masons new specialty earmarked license plate, the widow is entitled to receive a Masons new specialty earmarked license plate for a motor vehicle owned or leased by such widow, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204. The application must be accompanied by a copy of the death certificate.
(b) [Obsolete. See Compiler's Notes.]
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member or alumna member of Kappa Delta Sorority, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Kappa Delta Sorority new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c). The application for this plate must be accompanied by proof satisfactory to the commissioner, certifying the applicant to be a member or alumna member of Kappa Delta Sorority, and include the member's initiating chapter name, initiating university name, and member number.
2. (2) The new specialty earmarked license plates provided for in this subsection (c) must be designed in consultation with the executive director and director of communications of Kappa Delta Sorority and contain the colors, logos, and other emblem or design distinctive to Kappa Delta Sorority.
3. (3) The funds produced from the sale of Kappa Delta Sorority new specialty earmarked license plates must be allocated to Kappa Delta Sorority National Headquarters in accordance with § 55-4-301. The funds must be used exclusively in this state to support the organization's mission and operations, including professional and personal development programs, educational programming for collegiate chapters, the biennial national convention, recruitment and chapter extension efforts, marketing to potential new members, communications with current members, training of volunteers, technology advancements, operating fees, and the care and preservation of Kappa Delta Sorority archives.

§ 55-4-324. Service organizations.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Promote Peace new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain the official Rotary Peace logo or other design representative of Rotary International. The plates must be designed in consultation with a representative of Rotary International.
3. (3) The funds produced from the sale of Promote Peace new specialty earmarked license plates must be allocated to Rotary Club of Madison-Goodlettsville Foundation in accordance with § 55-4-301. The funds must be used exclusively to support Rotary International's peacebuilding and conflict resolution initiatives across Tennessee through Rotary district and club outreach to their communities focusing on the importance of promoting peace and resolving conflicts, including providing funding to local schools and camps for educational materials related to peacebuilding, conflict resolution, and anti-bullying.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a 100 Black Men new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with a representative of 100 Black Men of Memphis, Inc.
3. (3) The funds produced from the sale of 100 Black Men new specialty earmarked license plates must be allocated to 100 Black Men of Memphis, Inc., in accordance with § 55-4-301. The funds must be used exclusively in this state to support the organization's mission to support local communities and mentor and develop young people into future leaders through programs and services focusing on the areas of mentoring, education, health and wellness, and economic empowerment.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an America at Its Best new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this section must be designed in consultation with a representative of Coalesce Social Services, Inc.
3. (3) The funds produced from the sale of America at Its Best new specialty earmarked license plates must be allocated to Coalesce Social Services, Inc., in accordance with § 55-4-301. The funds must be used exclusively to provide transitional housing and related services to persons experiencing homelessness.

§ 55-4-325 — 55-4-329. [Reserved]

§ 55-4-330. Sports and recreation.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a USTA Tennessee new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The USTA Tennessee new specialty earmarked license plate must be designed in consultation with a representative of USTA Tennessee.
3. (3) The funds produced from the sale of USTA Tennessee new specialty earmarked license plates must be allocated to the Tennessee Tennis Association, Incorporated, in accordance with § 55-4-301. The funds must be used exclusively to promote and develop the game of tennis in this state to its highest potential and make it accessible to everyone.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Golfer new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The Golfer new specialty earmarked license plate must be designed in consultation with a representative of 2nd Century Foundation.
3. (3) The funds produced from the sale of Golfer new specialty earmarked license plates must be allocated to 2nd Century Foundation in accordance with § 55-4-301. The funds must be used exclusively to preserve the property, facilities, and tradition of the nationally recognized Johnson City Golf and Country Club in Johnson City, Tennessee.

§ 55-4-331. Professional sports.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee Titans new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must bear the official colors and logo of the Tennessee Titans National Football League (NFL) team and include the language “TITANS” in an appropriate design. The design of the plates is subject to the approval of the Tennessee Titans and the NFL, and must additionally afford the trademark protection as the Tennessee Titans and the NFL require as otherwise permitted by law.
3. (3) In accordance with § 55-4-301, the funds produced from the sale of the Tennessee Titans new specialty earmarked license plates must be allocated to the Tennessee Titans Foundation to be distributed in equal shares to the following organizations within thirty (30) days of allocation in the name of the Tennessee Titans Foundation and the state of Tennessee from the sale of specialty license plates:
  1. (A) Camp Discovery;
  2. (B) Jason Foundation;
  3. (C) Boy Scouts of Tennessee;
  4. (D) Girl Scouts of Tennessee;
  5. (E) Boys & Girls Clubs of Tennessee;
  6. (F) St. Jude Children's Research Hospital;
  7. (G) Vanderbilt Children's Hospital;
  8. (H) Baptist Hospital Maternity/Birthing Center;
  9. (I) Tennessee State University Scholarship Fund; and
  10. (J) Fisk University Scholarship Fund.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Nashville Predators new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with an executive of the Nashville Predators.
3. (3) The funds produced from the sale of Nashville Predators new specialty earmarked license plates must be allocated to the Nashville Predators Foundation, in accordance with § 55-4-301. The funds must be used exclusively in furtherance of the organization's activities in this state.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Memphis Grizzlies new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must contain the logo or other appropriate design representative of the Memphis Grizzlies. The plates must be designed in consultation with the Memphis Grizzlies organization.
3. (3) The funds produced from the sale of Memphis Grizzlies new specialty earmarked license plates must be allocated to the Memphis Grizzlies Charitable Foundation, in accordance with § 55-4-301. The funds must be used by the Foundation exclusively for its educational and mentoring programs and initiatives in Tennessee.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Atlanta Braves new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must be designed in consultation with a representative of Major League Baseball (MLB).
3. (3) The funds produced from the sale of Atlanta Braves new specialty earmarked license plates must be allocated to the Atlanta Braves Foundation in accordance with § 55-4-301. The funds must be used exclusively in this state to support the foundation's philanthropic activities and charitable sponsorships.
(e)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Chattanooga Football Club new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (e) must contain an appropriate logo or design representative of Chattanooga Football Club. The plates must be designed in consultation with a representative from the Chattanooga FC Foundation.
3. (3) The funds produced from the sale of the Chattanooga Football Club new specialty earmarked license plates must be allocated to the Chattanooga FC Foundation, in accordance with § 55-4-301. The funds must be used exclusively in this state to enrich the lives of children and families in Chattanooga found in economically or culturally challenged neighborhoods, to build a strong community and healthy lifestyles through partnerships with local churches, schools, and recreation centers, and to support after-school and summer soccer programs that seek to develop creativity, discipline, social skills, and team building.
(f)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Nashville SC new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (f) must contain an appropriate logo or design representative of Nashville SC and be designed in consultation with a representative of Nashville Soccer Club LLC and the Nashville SC Community Fund, a component of the Community Foundation of Middle Tennessee.
3. (3) The funds produced from the sale of Nashville SC new specialty earmarked license plates must be allocated to the Nashville SC Community Fund, a component of the Community Foundation of Middle Tennessee in accordance with § 55-4-301. The funds must be used exclusively to support and enhance communities in this state served by Major League Soccer and Nashville SC.
(g)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Bristol Motor Speedway new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (g) must be designed in consultation with a representative of Bristol Motor Speedway and Speedway Children's Charities.
3. (3) The funds produced from the sale of Bristol Motor Speedway new specialty earmarked license plates must be allocated to Speedway Children's Charities, in accordance with § 55-4-301, to be used exclusively in the eight-county area of Northeast Tennessee in furtherance of the organization's mission to support community and charitable programs and services directed toward the needs of children.

§ 55-4-332. College sports.

(a)
1. (1)
  1. (A) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a University of Tennessee Lady Volunteers' NCAA National Championships new specialty earmarked license plate for a motor vehicle as authorized by § 55-4-210(c).
  2. (B) The purpose of the new specialty earmarked plates is to commemorate and celebrate the University of Tennessee Lady Volunteer Basketball Team's eight (8) NCAA Division I Women's Basketball Championships, which were won in 1987, 1989, 1991, 1996, 1997, 1998, 2007, and 2008.
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain the colors and logo of the University of Tennessee Lady Volunteers and include the language “LADY VOLS NATIONAL CHAMPIONS” in an appropriate design. The plates must be designed in consultation with the president of the University of Tennessee system.
3. (3)
  1. (A) The funds produced from the sale of University of Tennessee Lady Volunteers' NCAA National Championships new specialty earmarked license plates must be appropriated to the University of Tennessee, Knoxville women's athletics department in accordance with § 55-4-301. The funds must be earmarked to be used exclusively to fund scholarships for women's athletics at the University of Tennessee, Knoxville.
  2. (B) The funds must only be expended to fund activities authorized by this subsection (a). Any funds appropriated to the University of Tennessee pursuant to this subsection (a) must remain in reserve until expended for purposes consistent with this subsection (a), and shall not revert to the general fund on any June 30. Any interest earned on moneys appropriated to the University of Tennessee pursuant to this subsection (a) shall not revert on any June 30, but must remain available for appropriation in subsequent fiscal years.
(b)
1. (1)
  1. (A) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a University of Tennessee National Championship new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
  2. (B) The purpose of the new specialty earmarked plates is to commemorate and celebrate the University of Tennessee Volunteer football team's victory in the 1999 Fiesta Bowl and capture of the 1998-1999 National Championship.
2. (2) The new specialty earmarked plates provided for in this subsection (b) must contain the colors and logo of the University of Tennessee Volunteers and include the language “UNIVERSITY OF TENNESSEE NATIONAL CHAMPIONS” in an appropriate design. The plates must be designed in consultation with the president of the University of Tennessee system.
3. (3)
  1. (A) The funds produced from the sale of University of Tennessee National Championship new specialty earmarked license plates must be appropriated to the University of Tennessee in accordance with § 55-4-301. The funds must be deposited in the University of Tennessee, Knoxville general scholarship fund and used exclusively to fulfill the academic mission of the University of Tennessee, Knoxville.
  2. (B) The funds must only be expended to fund activities authorized by this subsection (b). Any funds appropriated to the University of Tennessee pursuant to this subsection (b) must remain in reserve until expended for purposes consistent with this subsection (b), and shall not revert to the general fund on any June 30. Any interest earned on moneys appropriated to the University of Tennessee pursuant to this subsection (b) shall not revert on any June 30, but must remain available for appropriation in subsequent fiscal years.

§ 55-4-333. Colleges and universities.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Alumni Program of the University of Tennessee, Knoxville new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The Alumni Program of the University of Tennessee, Knoxville new specialty earmarked license plate must be of an appropriate design representative of the University of Tennessee, Knoxville. The plates must be designed in consultation with the chancellor of the University of Tennessee, Knoxville.
3. (3) The funds produced from the sale of Alumni Program of the University of Tennessee, Knoxville new specialty earmarked license plates must be allocated to the University of Tennessee in accordance with § 55-4-301. The funds must be used exclusively to support student scholarships and student success initiatives at the University of Tennessee, Knoxville.
4. (4) An application form for the Alumni Program of the University of Tennessee, Knoxville new specialty earmarked license plate must provide the applicant the option to instruct the department to provide the applicant's name, contact information, and renewal date to the University of Tennessee for the sole purposes of alumni relations, development, and institutional reporting. Based upon the applicant's consent as indicated on the application, the department is authorized to transmit applicant information for the new specialty earmarked license plate to the University of Tennessee. The department shall provide this information to the University of Tennessee at least twice per calendar year.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a University of North Carolina new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (b) must contain an appropriate logo or design representative of the University of North Carolina and be designed in consultation with a representative of the University of North Carolina and the UNC General Alumni Association.
3. (3) The funds produced from the sale of the University of North Carolina new specialty earmarked license plates must be allocated to the UNC General Alumni Association in accordance with § 55-4-301. The funds must be used exclusively in this state for alumni support programs and activities.

§ 55-4-334. Historically Black Colleges and Universities (HBCUs).

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Jackson State University new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must bear the official colors and logo of Jackson State University. The design of the plates must be approved by Jackson State University prior to production and afford the trademark protection as Jackson State University requires as otherwise permitted by law. All uses of the colors and logo of Jackson State University inure to the benefit of Jackson State University.
3. (3) The funds produced from the sale of Jackson State University new specialty earmarked license plates must be allocated to the JSUNAA-Memphis Alumni Chapter, in accordance with § 55-4-301. The funds must be used exclusively for its scholarship program and other general alumni association activities.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Hampton University new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must contain the colors and logo of Hampton University and include any other appropriate design representative of the university. The plates must be designed in consultation with a representative from the Chattanooga chapter of the National Hampton Alumni Association (NHAA), Inc.
3. (3) The funds produced from the sale of Hampton University new specialty earmarked license plates must be allocated to the National Hampton Alumni Association, Inc., in accordance with § 55-4-301. The funds must be used exclusively for funding scholarships for students from Tennessee.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Fisk University new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must contain the colors and logo of Fisk University and include any other appropriate design representative of the university. The plates must be designed in consultation with a representative from Fisk University.
3. (3) The funds produced from the sale of Fisk University new specialty earmarked license plates must be allocated to Fisk University, in accordance with § 55-4-301. The funds must be used exclusively to support the university and its mission to emphasize the discovery and advancement of knowledge through education.
4. (4) Notwithstanding § 55-4-202(k)(1), the Fisk University license plate provided for in this subsection (c) is deemed a collegiate plate for purposes of minimum order requirements under § 55-4-202.
(d) [Obsolete. See Compiler's Notes.]

§ 55-4-335. K-12 schools.

(a) [Obsolete. See Compiler's Notes.]
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Robotics in Education new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (b) must be designed in consultation with a representative of Tennessee Valley Robotics.
3. (3) The funds produced from the sale of Robotics in Education new specialty earmarked license plates must be allocated to Tennessee Valley Robotics in accordance with § 55-4-301. The funds must be used exclusively to support robotics in K-12 education through the purchase of robotics equipment for schools in this state.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued an Elizabethton Cyclones new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative from Elizabethton City Schools and the Elizabethton High School Alumni Association, Inc.
3. (3) The funds produced from the sale of the Elizabethton Cyclones new specialty earmarked license plates must be allocated to the Elizabethton High School Alumni Association, Inc., in accordance with § 55-4-301. The funds must be used exclusively to support educational needs of students, including the funding of scholarships.

§ 55-4-336 — 55-4-339. [Reserved]

§ 55-4-340. Medical care, schools, and centers.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a University of Tennessee Health Science Center new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be of an appropriate design representative of the University of Tennessee Health Science Center. The plates must be designed in consultation with a representative of the University of Tennessee Health Science Center, office of communications and marketing.
3. (3) The funds produced from the sale of University of Tennessee Health Science Center new specialty earmarked license plates must be allocated to the University of Tennessee Health Science Center in accordance with § 55-4-301. The funds must be used exclusively to support educational outreach.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Regional Medical Center at Memphis (The MED) new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The purpose of the new specialty earmarked plates provided for in this subsection (b) is to honor the contribution of the Regional Medical Center at Memphis (The MED) in protecting and maintaining the public health and welfare. The plates must be designed in consultation with the Regional Medical Center at Memphis (The MED).
3. (3) The funds produced from the sale of Regional Medical Center at Memphis (The MED) new specialty earmarked license plates must be allocated to the Regional Medical Center at Memphis (The MED), in accordance with § 55-4-301.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Remote Area Medical new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Remote Area Medical.
3. (3) The funds produced from the sale of Remote Area Medical new specialty earmarked license plates must be allocated to Remote Area Medical in accordance with § 55-4-301. The funds must be used exclusively to provide free medical, dental, and vision services to the uninsured and underinsured population in this state.

§ 55-4-341. Children's hospitals.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Monroe Carell Jr. Children's Hospital at Vanderbilt new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The purpose of the new specialty earmarked plates provided for in this subsection (a) is to recognize and support the many contributions to children's health care made by the Monroe Carell Jr. Children's Hospital at Vanderbilt. The plates must bear an appropriate design or logo that represents the commitment to children's health care exhibited by the Monroe Carell Jr. Children's Hospital at Vanderbilt. The plates must be designed in consultation with the Vanderbilt University Board of Trust.
3. (3) The funds produced from the sale of Monroe Carell Jr. Children's Hospital at Vanderbilt new specialty earmarked license plates must be allocated to the Monroe Carell Jr. Children's Hospital at Vanderbilt, in accordance with § 55-4-301.
(b)
1. (1) Owners or lessees of motor vehicles who are residents of the state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an East Tennessee Children's Hospital new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must bear an appropriate design of the East Tennessee Children's Hospital and be designed in consultation with the chair of the board. The design of the plates may be identical to the East Tennessee Children's Hospital plates previously authorized by chapter 876 of the Public Acts of 2002.
3. (3) The funds produced from the sale of East Tennessee Children's Hospital new specialty earmarked license plates must be allocated to the East Tennessee Children's Hospital, in accordance with § 55-4-301. The funds must be used exclusively in furtherance of such organization's activities in this state.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Le Bonheur Children's Medical Center new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The purpose of the new specialty earmarked plates provided for in this subsection (c) is to recognize, commemorate, and celebrate the many healthcare contributions made by Le Bonheur Children's Medical Center. The plates must bear an appropriate design or logo that depicts through words or pictures the many healthcare contributions made by Le Bonheur Children's Medical Center. The plates must be designed in consultation with the board of directors for Methodist Health Systems of Memphis and West Tennessee.
3. (3) The funds produced from the sale of Le Bonheur Children's Medical Center new specialty earmarked license plates must be allocated to the Le Bonheur Children's Medical Center, in accordance with § 55-4-301.
(d)
1. (1) Owners or lessees of motor vehicles who are residents of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Niswonger Children's Hospital new specialty earmarked plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must contain a logo or other design representative of the mission of Niswonger Children's Hospital. The plates must be designed in consultation with the administration and governing body of Niswonger Children's Hospital.
3. (3) Funds produced from the sale of Niswonger Children's Hospital new specialty earmarked plates must be allocated to the Mountain States Health Foundation in accordance with § 55-4-301. The funds must be used for the sole purpose of developing and expanding Niswonger Children's Hospital, the Tri-Cities region's only children's hospital.
4. (4)
  1. (A) Notwithstanding any law to the contrary, a person issued a Children's Hospital at Johnson City Medical Center new specialty earmarked plate authorized and issued prior to July 1, 2009, is entitled to retain the license plate for vehicular use upon compliance with all motor vehicle laws relating to registration and licensing of motor vehicles and payment of all required fees.
  2. (B) Children's Hospital at Johnson City Medical Center new specialty earmarked plates must be included in any calculations for issuance and continuation of issuance of Niswonger Children's Hospital new specialty earmarked plates authorized pursuant to this subsection (d).
  3. (C) A Children's Hospital at Johnson City Medical Center new specialty earmarked plate is not required to be replaced with a redesigned license plate issued pursuant to this subsection (d) until such time as the next regular replacement of the previously issued plate is scheduled; provided, that a person previously issued a Children's Hospital at Johnson City Medical Center new specialty earmarked plate may request a redesigned Niswonger Children's Hospital new specialty earmarked plate, if issued, at the time of their next regular renewal.
  4. (D) If Niswonger Children's Hospital at Johnson City Medical Center new specialty earmarked plates are subsequently deemed obsolete pursuant to § 55-4-202(g)(1), then the determination also applies to all Children's Hospital at Johnson City Medical Center new specialty earmarked plates previously issued.
5. (5) Notwithstanding § 55-4-202(g)(1), the Niswonger Children's Hospital new specialty earmarked license plate authorized pursuant to this subsection (d) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(g)(1).

§ 55-4-342. Medical professions.

(a)
1. (1) Owners or lessees of motor vehicles who are residents of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Nurses new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The purpose of the new specialty earmarked plates provided for in this subsection (a) is to honor the many contributions of this state's nurses in protecting and maintaining the public health and welfare. The plates must be designed in consultation with the Tennessee Nurses Foundation.
3. (3) The funds produced from the sale of Nurses new specialty earmarked license plates must be allocated to the Tennessee Nurses Foundation, in accordance with § 55-4-301. The funds must be used exclusively to benefit the programs of the Tennessee Nurses Foundation.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Respiratory Therapists new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The purpose of the new specialty earmarked plates provided for in this subsection (b) is to honor the valuable and heroic contributions of this state's respiratory therapists in protecting and supporting the public health and welfare. The plates must contain an appropriate logo or other design representative of respiratory therapists in consultation with the commissioner of health.
3. (3) The funds produced from the sale of Respiratory Therapists new specialty earmarked license plates must be allocated to Isaiah 117 House in accordance with § 55-4-301. The funds must be used exclusively for the housing of children before foster placement, including providing essentials such as electricity or food.
4. (4) Notwithstanding § 55-4-202(k)(1), the Respiratory Therapists new specialty earmarked license plate authorized pursuant to this subsection (b) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).

§ 55-4-343. Cancer awareness.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Driving to a Cure (Pink Ribbon) new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must include the phrase “Driving to a Cure” in an appropriate design. The plates must also include a pictorial representation of the universally recognized symbol for breast cancer awareness, the pink ribbon. The plates must be designed in consultation with a representative of the department of health.
3. (3) The funds produced from the sale of Driving to a Cure (Pink Ribbon) new specialty earmarked license plates must be allocated to the department of health, in accordance with § 55-4-301. The funds must be used exclusively for breast screening, prevention, and diagnostic services.
(b) [Obsolete. See Compiler's Notes.]
(c) [Obsolete. See Compiler's Notes.]

§ 55-4-344. Medical condition or disease support and awareness.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Pat Summitt Foundation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be designed in consultation with a representative from the Pat Summitt Foundation.
3. (3) The funds produced from the sale of the Pat Summitt Foundation new specialty earmarked license plates must be allocated to the Pat Summitt Foundation, in accordance with § 55-4-301. The funds must be used exclusively to award grants to nonprofit organizations that advance research for treatment and a cure for Alzheimer's disease, provide support for patients and caregivers, and educate the public on Alzheimer's disease.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Down Syndrome Awareness new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must contain the logo or other appropriate design representative of the Down Syndrome Association of Middle Tennessee. The plates must be designed in consultation with the Down Syndrome Association of Middle Tennessee.
3. (3) The funds produced from the sale of the new specialty earmarked license plates must be allocated to the Down Syndrome Association of Middle Tennessee, in accordance with § 55-4-301. The funds must be used solely to provide education, advocacy, and support resources for individuals with Down Syndrome and their families.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Autism Awareness new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must bear a logo or other appropriate emblem designed to raise public awareness about autism. The plates must be designed in consultation with ASMT, Inc.
3. (3) In accordance with § 55-4-301, funds produced from the sale of the Autism Awareness new specialty earmarked license plates must be allocated to ASMT, Inc. for distribution to ASMT, Inc., Autism Society of East Tennessee, and the Autism Society of the MidSouth. The funds must be used exclusively to support, educate, advocate, and raise public awareness about autism in Tennessee.
(d) [Obsolete. See Compiler's Notes.]
(e)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Lupus Foundation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (e) must be designed in consultation with a representative of Lupus Foundation of America, Inc.
3. (3) The funds produced from the sale of Lupus Foundation new specialty earmarked license plates must be allocated to Lupus Foundation of America, Inc., in accordance with § 55-4-301. The funds must be used exclusively in Tennessee to improve the quality of life for Tennessee residents affected by lupus through programs of research, education, support, and advocacy.
(f)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Crusade Against Darkness new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (f) must be designed in consultation with a representative of Middle Tennessee Lions Sight Service, Inc.
3. (3)
  1. (A) Subject to the requirements of § 55-4-202, the commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Crusade Against Darkness new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
  2. (B) The motorcycle plates authorized by this subsection (f) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(7), as applicable.
4. (4) The funds produced from the sale of Crusade Against Darkness new specialty earmarked license plates must be allocated to Middle Tennessee Lions Sight Service, Inc., in accordance with § 55-4-301. The funds must be used exclusively in furtherance of the organization's activities in this state and its mission to help save eyesight for residents of Middle Tennessee in need.
(g)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Wilder Reign new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (g) must be designed in consultation with a representative of Wilder Reign.
3. (3) The funds produced from the sale of Wilder Reign new specialty earmarked license plates must be allocated to Wilder Reign in accordance with § 55-4-301. The funds must be used exclusively to provide supportive resources to individuals impacted by major medical, mental health, and terminal illnesses.
(h)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Sickle Cell Foundation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (h) must be designed in consultation with a representative from the Sickle Cell Foundation of Tennessee.
3. (3) The funds produced from the sale of the Sickle Cell Foundation new specialty earmarked license plates must be allocated to the Sickle Cell Foundation of Tennessee in accordance with § 55-4-301. The funds must be used exclusively to provide educational awareness, comprehensive social services, and collective supportive impact to all persons affected by Sickle Cell Disease within service areas in Tennessee.

§ 55-4-345. Children and youth programs and support.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Dollywood Foundation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be designed in consultation with a representative from the Dollywood Foundation.
3. (3) The funds produced from the sale of Dollywood Foundation new specialty earmarked license plates must be allocated to the Dollywood Foundation in accordance with § 55-4-301. The funds must be used exclusively to support and promote childhood literacy through Dolly Parton's Imagination Library.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Youth Villages new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (b) must contain an appropriate logo or design representative of the mission of Youth Villages. The plates must be designed in consultation with the chief development officer of Youth Villages.
3. (3) The funds produced from the sale of Youth Villages new specialty earmarked license plates must be allocated to Youth Villages, in accordance with § 55-4-301. The funds must be used exclusively for Youth Villages' Transitional Living Program in Tennessee.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Big Brothers Big Sisters new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be of an appropriate design representative of Big Brothers Big Sisters. The plates must be designed in consultation with a representative of Big Brothers Big Sisters Tennessee Alliance.
3. (3) The funds produced from the sale of Big Brothers Big Sisters new specialty earmarked license plates must be allocated to Big Brothers Big Sisters Tennessee Alliance, in accordance with § 55-4-301. The funds must be used exclusively for mentoring programs and services.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Isaiah 117 House new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (d) must be of an appropriate design representative of Isaiah 117 House. The plates must be designed in consultation with a representative of Isaiah 117 House.
3. (3) The funds produced from the sale of Isaiah 117 House new specialty earmarked license plates must be allocated to Isaiah 117 House, in accordance with § 55-4-301. The funds must be used exclusively to help provide emotional and physical support in a loving home for children awaiting foster placement in Tennessee.
(e)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Improve Hendersonville new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (e) must be designed in consultation with a representative of Improve Hendersonville.
3. (3) The funds produced from the sale of Improve Hendersonville new specialty earmarked license plates must be allocated to Improve Hendersonville, in accordance with § 55-4-301. The funds must be used exclusively to promote and support community and education initiatives sponsored by Improve Hendersonville, including the S'MORE summer reading camp for elementary school students.
(f) [Obsolete. See Compiler's Notes.]
(g)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Stronger Than My Father new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (g) must be designed in consultation with a representative of Stronger Than My Father, Inc.
3. (3) The funds produced from the sale of Stronger Than My Father new specialty earmarked license plates must be allocated to Stronger Than My Father, Inc., in accordance with § 55-4-301. The funds must be used exclusively to support the organization's mission to provide before- and after-school programs for youth and family community and mentoring programs.
(h)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Special Olympics new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (h) must be designed in consultation with a representative of Special Olympics Tennessee.
3. (3) The funds produced from the sale of Special Olympics new specialty earmarked license plates must be allocated to Special Olympics Tennessee in accordance with § 55-4-301. The funds must be used exclusively to promote young athletes' programs in this state for members.
(i)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, must be issued a Tennessee Councils of the Boy Scouts of America new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (i) must contain the official logo or other design representative of the Boy Scouts of America. The plates must be designed in consultation with the Tennessee Councils of the Boy Scouts of America.
3. (3)
  1. (A) The funds produced from the sale of Tennessee Councils of the Boy Scouts of America new specialty earmarked license plates must be allocated to the Middle Tennessee Council, Inc., Boy Scouts of America in accordance with § 55-4-301.
  2. (B) The funds allocated pursuant to subdivision (i)(3)(A) must be distributed to each of the six (6) Tennessee Councils of the Boy Scouts of America in proportion to the number of new specialty earmarked license plates authorized by this subsection (i) that are sold in the counties that comprise each council, which are known as Cherokee Area Council, Chattanooga; Chickasaw Council, Memphis; Great Smoky Mountain Council, Knoxville; Middle Tennessee Council, Nashville; Sequoyah Council, Johnson City; and West Tennessee Area Council, Jackson.
  3. (C) The funds must be used exclusively to fund and support scouting programs and activities in this state.
  4. (D) Prior to initial issuance of new specialty earmarked license plates authorized by this subsection (i), each council of the Tennessee Councils of the Boy Scouts of America shall notify the department of each county comprising that council.
(j)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204, shall be issued a Child Development Services of Murfreesboro new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (j) must be designed in consultation with a representative from Child Development Services of Murfreesboro, Inc.
3. (3) The funds produced from the sale of Child Development Services of Murfreesboro new specialty earmarked license plates must be allocated to the Child Development Services of Murfreesboro, Inc., in accordance with § 55-4-301. The funds must be used exclusively to provide educational programs and supportive services for children and young adults with disabilities.

§ 55-4-346. Pregnancy and adoption.

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Choose Life new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
(b) The Choose Life new specialty earmarked license plate must contain an appropriate logo and design. The plates must be designed in consultation with a representative of Tennessee Right to Life Education Fund, Inc.
(c) The funds produced from the sale of Choose Life new specialty earmarked license plates must be allocated to Tennessee Right to Life Education Fund, Inc., in accordance with § 55-4-301. The funds must be used exclusively to provide resources for women and families facing difficult or unexpected pregnancies; for counseling and financial assistance, including food, clothing, and medical assistance for pregnant women in Tennessee; coordinating statewide awareness campaigns and a toll-free helpline; and reimbursing social service providers who prepare adoptions throughout the state for services and programs targeting at-risk women and families.

§ 55-4-347 — 55-4-349. [Reserved]

§ 55-4-350. Environment.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Drive Electric Tennessee new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must be designed in consultation with a representative of East Tennessee Clean Fuels Coalition.
3. (3) The funds produced from the sale of Drive Electric Tennessee new specialty earmarked license plates must be allocated to East Tennessee Clean Fuels Coalition, in accordance with § 55-4-301. The funds must be used exclusively for electronic vehicle educational purposes.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an I RECYCLE new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must be designed in consultation with a representative of Project 2000, Inc., and contain the language “I RECYCLE”.
3. (3) The funds produced from the sale of I RECYCLE new specialty earmarked license plates must be allocated to Project 2000, Inc., in accordance with § 55-4-301. The funds must be used exclusively in this state to support the organization's mission of providing assistance to communities to encourage and assist in recycling efforts.
4. (4) Notwithstanding § 55-4-202(k)(1), the I RECYCLE new specialty earmarked license plate authorized pursuant to this subsection (b) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1).
(c) [Obsolete. See Compiler's Notes.]

§ 55-4-351. Commerce and industry.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, who is a certified member of the National Association of Realtors, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Tennessee Association of Realtors new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate logo and be designed in consultation with the Tennessee Association of Realtors.
3. (3) The funds produced from the sale of Tennessee Association of Realtors new specialty earmarked license plates must be allocated to the Tennessee Real Estate Educational Foundation, in accordance with § 55-4-301. The funds must be used exclusively to promote consumer protection through the education of real estate professionals in Tennessee.
4. (4) Notwithstanding part 1 of this chapter to the contrary, motor vehicles that are registered with Tennessee Association of Realtors new specialty earmarked license plates are deemed not to be commercial vehicles.
5. (5)
  1. (A) Subject to the requirements of § 55-4-202, the commissioner is authorized to and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Tennessee Association of Realtors new specialty earmarked license plate; provided, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
  2. (B) The motorcycle plates authorized by subdivision (a)(5)(A) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular Tennessee Association of Realtors new specialty earmarked license plate authorized by subdivision (a)(1).
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Linemen Power Tennessee new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must contain the logo or other appropriate design representative of the Tennessee Lineworker Lifeline Fund. The plates must be designed in consultation with a representative of the Tennessee Lineworker Lifeline Fund.
3. (3) The funds produced from the sale of Linemen Power Tennessee new specialty earmarked license plates must be allocated to the Tennessee Lineworker Lifeline Fund in accordance with § 55-4-301. The funds must be used in furtherance of the Tennessee Lineworker Lifeline Fund's activities in this state.
4. (4) Notwithstanding this chapter to the contrary, motor vehicles used for the purpose of passenger transport that are owned by an entity operating under title 65, chapter 25, and that weigh less than the Class 1 weight as provided in § 55-4-113(a)(2)(A), are authorized to be issued a license plate described in this subsection (b).
(c) [Obsolete. See the Compiler's Notes.]

§ 55-4-352. Traffic safety.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Share the Road new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The purpose of Share the Road new specialty earmarked license plates is to raise public awareness about bicyclists and their rights on the road and traffic safety involving motorists and bicyclists.
3. (3) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate logo or design and be designed in consultation with the Jeff Roth Cycling Foundation.
4. (4) The funds produced from the sale of Share the Road new specialty earmarked license plates must be allocated to the Jeff Roth Cycling Foundation, in accordance with § 55-4-301.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Mothers Against Drunk Driving (MADD) new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must contain the logo of Mothers Against Drunk Driving (MADD). The plates must be designed in consultation with the executive director of the Tennessee chapter of Mothers Against Drunk Driving (MADD).
3. (3) The funds produced from the sale of the Mothers Against Drunk Driving (MADD) new specialty earmarked license plates must be allocated to the Tennessee chapter of Mothers Against Drunk Driving (MADD), in accordance with § 55-4-301. The funds must be used exclusively in furtherance of the organization's mission to protect families from drivers under the influence of alcohol, drugs, and other controlled substances, and from underage drinking.
(c)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued an Enjoy the Ride new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with the director of Concerned Motorcyclists of Tennessee/American Bikers Active Towards Education (C.M.T./A.B.A.T.E., Inc.).
3. (3) The funds produced from the sale of the Enjoy the Ride new specialty earmarked license plates must be allocated to C.M.T./A.B.A.T.E., Inc., in accordance with § 55-4-301. The funds must be used exclusively in furtherance of the organization's mission for continued public safety and education on motorcycle awareness.
(d)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Look Twice Save a Life new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked license plates provided for in this subsection (d) must be designed in consultation with a representative of Bikers & Social Clubs 4 Change.
3. (3)
  1. (A) Subject to the requirements of § 55-4-202, the commissioner shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Look Twice Save a Life new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
  2. (B) The motorcycle plates authorized by this subsection (d) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(7), as applicable.
4. (4) The funds produced from the sale of Look Twice Save a Life new specialty earmarked license plates must be allocated to Bikers & Social Clubs 4 Change in accordance with § 55-4-301. The funds must be used exclusively in furtherance of the organization's activities in this state and its mission for continued public safety and education on motorcycle awareness.

§ 55-4-353. Civic awareness and education.

(a)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a The Equity Alliance new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate logo or design representative of The Equity Alliance. The plates must be designed in consultation with a representative from The Equity Alliance.
3. (3) The funds produced from the sale of the new specialty earmarked license plates must be allocated to The Equity Alliance, in accordance with § 55-4-301. The funds must be used exclusively in this state to equip Tennesseans with tools and strategies to engage in the civic process and empower them to take action on issues affecting their daily lives through civic engagement, voter registration, voter education, and other related programs.
(b)
1. (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204, shall be issued a Millennial Debt Foundation new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c).
2. (2) The new specialty earmarked plates provided for in this subsection (b) must contain an appropriate design representative of the Millennial Debt Foundation. The plates must be designed in consultation with a representative of the Millennial Debt Foundation.
3. (3) The funds produced from the sale of the new specialty earmarked license plates must be allocated to the Millennial Debt Foundation, in accordance with § 55-4-301. The funds must be used exclusively for educating the public on the need for fiscal stewardship in government.

Part 4 Mobile Homes

§ 55-4-401. Permit to move mobile home in state.

No mobile home, manufactured home, portable modular unit or house trailer as defined in § 55-4-402, shall be moved into or through this state or upon the public roads or highways of this state unless and until the owner, operator or transporter thereof has obtained a permit as required by this part.

§ 55-4-402. “Mobile home” defined.

“Mobile home” for the purposes of this part means:
1. (1) A self-propelled or nonself-propelled vehicle, with a length exceeding thirty-five feet (35′), so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use thereof for human habitation, and so constructed to permit its being used as a conveyance upon public streets or highways; or
2. (2) Manufactured houses or portable modular units in excess of eight feet six inches (8′6″) in width or when towing vehicle and manufactured home are in excess of sixty feet (60′) in length.

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§ 55-4-403. Time restrictions of transport — Enforcement by electronic surveillance.

(a) Transport of mobile homes may only take place between sunrise and sunset, Monday through Saturday, except for the holidays enumerated in § 55-7-205(l)(2)(B).
(b) Notwithstanding subsection (a), transport of mobile homes eighty-five feet (85′) or greater in length, or fourteen feet (14′) or greater in width, or fourteen feet two inches (14′ 2″) or greater in height, is prohibited in heavily traveled urban areas between the hours of seven o'clock a.m. (7:00 a.m.) to nine o'clock a.m. (9:00 a.m.) and four o'clock p.m. (4:00 p.m.) to six o'clock p.m. (6:00 p.m.).
(c) Notwithstanding any law to the contrary, this section may be enforced using photo, video or other electronic proof of violation.

§ 55-4-404. Issuing of permits in owner's name — Display of permits — Validity of permits.

Any permit required under this part shall be issued in the name of the owner of the vehicle or the motor carrier used to transport the mobile home. The permit shall be displayed in the vehicle used to transport the mobile home so as to be visible from outside the vehicle and shall be produced for inspection upon request by a representative of any law enforcement agency. Short-term permits shall be valid for six (6) days from the date of issuance. Annual permits shall be valid for three hundred sixty-five (365) days from the date of issuance.

§ 55-4-405. Length standards — Single trip or annual permit — Fees.

(a) A permit is required for the transport of any mobile home exceeding one hundred twenty feet (120′) in length, including towing vehicle. Permits issued pursuant to this section must be issued on a single trip or annual permit basis.
(b)
1. (1) The single trip fee for this permit is twenty-five dollars ($25.00).
2. (2) The fee for an annual permit is two thousand dollars ($2,000).

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55-4-409

§ 55-4-406. Width standards — Types of permit — Fee schedule.

(a) A permit is required for the transport of any mobile home exceeding eight feet six inches (8′ 6″) in width. Transport of mobile homes exceeding eighteen feet (18′) in width are not permitted. Permits authorized pursuant to this section may be issued on either a short-term basis or an annual basis for movements not exceeding sixteen feet (16′) in width. Movements in excess of sixteen feet (16′) in width may be permitted only on a single-trip basis and shall be escorted in accordance with § 55-4-110. Single-trip permits are valid for six (6) days from the date of issuance. Annual permits are valid for three hundred sixty-five (365) days from the date of issuance.
(b) The fee schedule for permits issued pursuant to this section is as follows:
1. (1) For single-trip, eight feet six inches (8′ 6″) wide to fourteen feet (14′) wide - fifty dollars ($50.00);
2. (2) For single-trip, eight feet six inches (8′ 6″) wide to sixteen feet (16′) wide - one hundred dollars ($100);
3. (3) For single-trip, in excess of sixteen feet (16′) wide to eighteen feet (18′) wide - two hundred dollars ($200);
4. (4) For annual permit, eight feet six inches (8′ 6″) wide to fourteen feet (14') wide - one thousand dollars ($1,000); and
5. (5) For annual permit, eight feet six inches (8′ 6″) wide to sixteen feet (16′) wide - two thousand dollars ($2,000).

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55-7-205(h)(5)

§ 55-4-407. Permit for exceptionally tall mobile homes — Fee — Routing instructions.

(a) A permit shall be required for the transport of any mobile home exceeding fourteen feet two inches (14′ 2″) in height. Permits authorized pursuant to this section shall be issued on a short-term basis only and shall be accompanied by special routing instructions approved by the department of transportation. The transport of mobile homes exceeding sixteen feet (16′) in height shall not be permitted.
(b) The fee for permits issued pursuant to this section shall be fifty dollars ($50.00).
(c) The department of transportation shall make available, both in printed form and on the department's official website, a list of the overpasses on public roads within the state that have a minimum clearance above the roadway below of less than fourteen feet six inches (14′ 6″). The list shall be updated at least monthly on the website and at least annually in the printed version. The department is authorized to charge a fee for the printed list sufficient to offset the administrative cost of compiling, updating, printing and shipping the list.

§ 55-4-408. Compliance with § 55-7-205.

Transport of mobile homes shall be subject to § 55-7-205 pertaining to excess weight.

§ 55-4-409. Category of size for which permits required.

A permit is required for each category of size, height, width, length and/or weight, that is exceeded by the mobile home being transported, except as provided in § 55-4-405.

§ 55-4-410. Rules and regulations — Affirmative duty of transporter to ensure safety.

(a) The department of transportation is authorized to promulgate rules and regulations prescribing safety precautions and equipment to be utilized by those transporting mobile homes subject to this part.
(b) The transporter and the seller of the mobile home, if the seller is a different person or entity than the transporter, moving a mobile home that is subject to this part shall have the affirmative duty to determine that:
1. (1) The undercarriage for the manufactured home is equipped with adequate brakes that are operated from the towing vehicle; and
2. (2) The route traveled allows safe passage of the mobile home, based upon the height and width of the mobile home.
(c) The affirmative duty created pursuant to this section shall be primarily the transporter's duty. The seller shall be secondarily liable. The affirmative duty to determine the safe passage may be met by use of a front escort vehicle having protrusions equal to the height and width of the mobile home.

§ 55-4-411. Administration by department of transportation — Required posting of placard.

(a) This part shall be administered by the department of transportation, which is authorized to promulgate rules and regulations for the administration of this part.
(b)
1. (1) The department of transportation shall issue to all annual permit holders a placard bearing the applicable permit number and a telephone number to be used to report unsafe or erratic driving to the department of transportation. This placard shall be designed by the department of transportation in consultation with the department of safety. The transporter of a manufactured home under an annual permit shall prominently display this placard on the rear of the manufactured home being moved. Replacement placards shall be issued after a sufficient showing of loss or destruction of the original placard and payment of a fifty-dollar replacement fee.
2. (2) Notwithstanding § 55-4-412, failure to properly display a placard pursuant to subdivision (b)(1) is a Class C misdemeanor punishable only by a fine of fifty dollars ($50.00).
(c) From the fees collected for the issuance of permits under this part, an amount equal to the expenses incurred by the department of transportation in administering this program shall be allocated to the highway fund. The remaining balance shall be allocated to the general fund.

§ 55-4-412. Penalty for violating part.

(a) Any person transporting a mobile home, manufactured house or house trailer, as defined in § 55-4-402, into or through this state, or over any street, road or highway of this state in violation of any provision of this part, commits a Class B misdemeanor punishable as follows:
1. (1) By a fine of two hundred fifty dollars ($250) for the first offense in a twelve-month period;
2. (2) By a fine of five hundred dollars ($500) for the second offense in a twelve-month period; and
3. (3) By a fine of one thousand dollars ($1,000) and a ninety-day revocation of any driver's license for the third or subsequent offense in a twelve-month period.
(b) Within thirty (30) days of conviction for a violation of this section, the clerk of the court of conviction shall give notice of this conviction to the department of transportation.
(c) Upon receipt of notice of a third violation in a twelve-month period, the department of transportation shall suspend the subject permit and the permit holder's privilege to obtain other permits under this part for a period of ninety (90) days from the date of receipt of the notice; provided, that nothing in this subsection (c) shall be construed as prohibiting multiple permit holders from either using other valid permits not subject to suspension, obtaining supplements for other valid permits not subject to suspension or renewing other valid permits not subject to suspension.
(d) This part may be enforced by the department of safety or local law enforcement agencies. Whenever a person is arrested for any violation of this part, the arresting officer may issue a traffic citation to the person in lieu of arrest, continued custody and the taking of the arrested person before a magistrate in accordance with § 55-10-207(b)(3).

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55-4-411(b)(2)

§ 55-4-413. Liability for damages to highways, bridges and other road structures.

(a) The transporter of any mobile home, manufactured home or house trailer subject to this part shall be liable for any and all damages resulting from the mobile home, manufactured home or house trailer striking a guardrail, bridge, concrete barrier, overhead structure or other obstruction while traveling on the public roads or highways of the state.
(b)
1. (1) If during transport, a mobile home, manufactured home or house trailer subject to this part blocks traffic on a controlled-access facility as defined by § 54-16-101 because the vehicle cannot proceed due to height, width or length, the transporter thereof shall pay to the department of transportation a road user fee in the amount of one thousand dollars ($1,000) and the department of transportation shall suspend the subject permit and the permit holder's privilege to obtain other permits under this part for a period of ninety (90) days from the date the department receives notice that the roadway was blocked; provided, that nothing in this subsection (b) shall be construed as prohibiting multiple permit holders from either using other valid permits not subject to suspension, obtaining supplements for other valid permits not subject to suspension or renewing other valid permits not subject to suspension. If the same permit holder blocks traffic on a controlled-access roadway a second time within eighteen (18) months from the date of the first occurrence, the transporter shall pay to the department of transportation the road user fee calculated by the department of transportation using the same formula it uses to calculate incentive payments on road construction projects.
2. (2) If the transporter fails to pay the fees within thirty (30) days of the date the road is blocked, its privilege to obtain permits under this part shall be suspended until payment is made. The department of transportation is authorized to take legal action to collect this fee.
(c) Any person or entity transporting any mobile home, manufactured home or house trailer subject to this part shall, prior to the issuance of a permit pursuant to this part, secure and maintain public liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence. The insurance shall cover the tractor, mobile home, manufactured home or house trailer and any other attachments thereto. Proof of this insurance shall be carried in the vehicle used to transport the mobile home, manufactured home or house trailer and satisfactory proof of the insurance shall be submitted to the department prior to the issuance of a permit pursuant to this part.
(d) Notwithstanding any law to the contrary, the state and any political subdivisions of the state shall be absolutely immune from liability for all damages resulting from a mobile home striking a guardrail, bridge, concrete barrier, overhead structure or other obstruction while traveling on the public roads or highways of the state.

Part 5 Commercial Motor Vehicle Fleets

§ 55-4-501. “Fleet” defined.

As used in this part, unless the context otherwise requires, “fleet” means one thousand (1,000) or more vehicles owned or long-term leased by a corporation or other legal entity and registered in the state pursuant to this part.

§ 55-4-502. Annual fleet registration.

Notwithstanding any law to the contrary, in lieu of staggered vehicle registration, a company may register its fleet on an annual basis so that the registration of all vehicles in the fleet expires in the same month, that month to be requested by the applicant and approved by the commissioner. The commissioner shall approve an applicant's request for fleet registration if the applicant:
1. (1) Provides an application containing information necessary for qualification as a fleet registrant;
2. (2) Provides a list of all vehicles to be included in the fleet; and
3. (3) Pays a one-time filing fee of one hundred dollars ($100) for the applicant.

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55-12-207(b)(1)

§ 55-4-503. Registering officer — Distribution of taxes and fees to county.

(a) The department is the registering officer for the initial application for registration and subsequent renewal applications of fleet registrants. In the application for registration, the applicant shall group vehicles by county of domicile. The commissioner shall collect and distribute to county governments and county government officials the same taxes and fees as would be applicable if the vehicles were registered in the county.
(b) For the purpose of this section, “domicile” means the county where the vehicle is most commonly dispatched or worked.

§ 55-4-504. Permanent registration card and validating sticker.

On approval of the application for fleet registration, the department shall issue a permanent registration card and a permanent validating sticker for each of the qualified vehicles in the fleet. The permanent registration card shall be carried in the vehicle at all times and shall be made available to any law enforcement officer on demand. It shall include all necessary motor vehicle insurance information to properly identify fleet coverage, either self-insurance or commercial carrier. The permanent validating sticker shall be displayed in the manner prescribed by the department.

§ 55-4-505. Adjusting tax valuation and classification fees to establish a uniform month of expiration.

(a) For the purposes of establishing a new fleet registrant, in order to establish a uniform month of expiration, the valuation for the vehicle license tax shall be maintained at the current valuation if it is necessary to calculate a partial year vehicle license tax.
(b) For the purposes of establishing a new fleet registrant, in order to establish a uniform month of expiration, the classification fees and any other motor carrier fees established by law may be discounted on a monthly basis for the purposes of calculating a partial registration year.

§ 55-4-506. Additional vehicles.

If a vehicle is added to the fleet during the registration year, the commissioner shall discount all fees required for registration as prescribed by law. In addition to all registration fees, the registrant shall pay a five-dollar identification fee for each vehicle added to the fleet.

§ 55-4-507. Renewal — Deletion of vehicle — Testing and inspection.

(a) On the renewal of a fleet registration, the department shall require payment of full licensing fees for every vehicle registered in the preceding year unless the vehicle has been properly deleted from the fleet.
(b) In order to delete a vehicle from the fleet, the fleet registrant shall surrender to the department the permanent registration card and the permanent validating sticker. If the card or sticker is lost or stolen, the fleet registrant shall submit a sworn statement giving the circumstances for the inability to surrender the card or sticker.
(c) Registered fleet vehicles will comply with existing state and county/city laws and requirements for testing and inspection. However, required documentation at annual renewal will be provided in the form of a sworn statement of compliance for the list of fleet renewal vehicles.

Part 6 Voluntary Contributions to Organ Donor Programs

§ 55-4-601. Voluntary contributions by motor vehicle registrants to support organ donation programs.

(a) Upon the registration or registration renewal of any motor vehicle in any county in which the county clerk participates in this program, the registrant shall have the opportunity to make a voluntary donation of one dollar ($1.00) for the purpose of promoting and supporting organ donation in the state.
(b) The voluntary contribution shall be in addition to fees payable for the registration of a motor vehicle.
(c) Forms for certificate of vehicle registration renewal furnished by the department shall contain an appropriate designation for the contribution.
(d) The contribution shall be paid, in addition to fees required for motor vehicle registration, to the county clerk in the county in which the motor vehicle is registered, shall be retained by the county clerk, and shall be paid over, no less than quarterly, to a tax-exempt, not-for-profit entity created by the county clerks association for the purpose of promoting and supporting organ donation in the state.

§ 55-4-602. Participation by county clerks.

Each county clerk desiring to participate in this program shall notify the county legislative body of the clerk's participation in writing. A county clerk desiring to cease participation in this program shall notify the county legislative body to that effect in writing.

§ 55-4-603. Contributions not subject to commissions.

The voluntary contributions authorized in this part are not subject to any commissions including, but not limited to, those authorized by § 8-21-401(h)(2).

Part 7 Off-highway Vehicles

§ 55-4-701. Off-highway vehicle license plate.

(a) An owner or lessee of a Class I or Class II off-highway vehicle, as defined in § 55-8-101, who is a resident of this state shall be issued an off-highway vehicle license plate authorized by § 55-4-210(f) upon:
1. (1) Compliance with the applicable provisions of chapters 1-6, including applications for certificates of title, and with rules promulgated by the department; and
2. (2) Payment of the fee applicable to the vehicle as provided in Class H of § 55-4-111(a)(1).
(b) The fees imposed by Class H of § 55-4-111(a)(1) and collected by the department shall be allocated pursuant to § 55-6-107(a) in the same manner as registration fees imposed by this chapter are allocated.
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- 55-4-702(b)
(c) As a condition precedent to operating a Class I or Class II off-highway vehicle upon a county road in this state the operator shall comply with chapter 12 of this title relative to financial responsibility.

§ 55-4-702. Off-highway vehicle temporary permit.

(a) An owner or lessee of a Class I or Class II off-highway vehicle, as defined in § 55-8-101, who is a not a resident of this state, upon complying with rules promulgated by the department and paying both a four-dollar fee and a fee equal to the cost of designing and manufacturing the permit, shall be issued an off-highway vehicle temporary permit authorized for the off-highway vehicles enumerated in § 55-4-210(f)(1); provided, however, that in the event the temporary permit is issued through the offices of the county clerks of the state or a vendor selected by the department an additional fee of two dollars ($2.00) shall be imposed and retained by the clerks or by the vendor as compensation for services.
(b) The four-dollar fee imposed by subsection (a) shall be apportioned in the same manner as provided in § 55-4-701(b).

Chapter 5 Anti-Theft Provisions

Part 1 Violations of Title and Registration Law

§ 55-5-101. Stolen and recovered motor vehicles — Duties of law enforcement officers — Responsibilities attaching to wrecker, salvage and garage businesses — Penalties.

(a)
1. (1) It is the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen to report the theft of the vehicle to the department of safety immediately after receiving the information.
2. (2) The officer, who recovers or upon receiving information of the recovery of any motor vehicle, chassis, engine, transmission or other parts and accessories taken from the vehicle, which has previously been reported stolen, shall, immediately after receiving this information, report the recovery of the vehicle to the department.
3. (3) The reports of the theft of any motor vehicle and the recovery of any motor vehicle shall be made to the Tennessee highway patrol dispatcher in the area in which the theft and/or recovery occurred.
4. (4) It is the duty of the local sheriff's office or police department where any motor vehicle has been reported stolen or recovered to file and maintain a report of the theft and/or recovery, the report to include, but not be limited to, available information as to ownership and the address of the owner, make, year and color of vehicle, license number and manufacturer's identification number, date of theft and/or recovery, name of person reporting theft and location where the theft occurred, name of person reporting recovery of vehicle and location of recovery, condition of vehicle at place of recovery and list of any parts or accessories found adjacent to recovered vehicle, and name and location of any wrecker or garage operator pulling or storing the vehicle, its parts or accessories.
5. (5) It is the further duty of the local sheriff's office or police department to transmit the information in subdivision (a)(4) pertaining to the theft or recovery of any motor vehicle, its chassis, engine, transmission or other parts and accessories thereof, to the Tennessee highway patrol dispatcher as heretofore set forth.
6. (6) It is the duty of both the department and the local sheriff's office or police department receiving information of the recovery of any motor vehicle, its chassis, engine, transmission, or other parts and accessories, to report the recovery to the owner.
(b)
1. (1) No person, firm or corporation engaged in the wrecker and/or garage or automobile salvage business shall remove, pull or store any recovered stolen motor vehicle, chassis, engine, transmission or other parts and accessories, without having first obtained the permission and authorization of either a law enforcement officer, the owner, lienholder or owner's insurer. Upon receiving the required permission to remove, pull or store the vehicle, its chassis, engine, transmission or other parts and accessories, the person, firm or corporation so removing, pulling or storing the motor vehicle or its parts described above, shall immediately notify the Tennessee highway patrol dispatcher of the recovery, the name and address of the owner if known or reasonably ascertainable, the make, year and color of the vehicle, the condition of the vehicle at the place of recovery, and a list of any parts or accessories adjacent to or near the recovered vehicle, the manufacturer's identification number, or engine or transmission number, if ascertainable, the license number if attached to the vehicle or left nearby, the location of recovery and location where the vehicle will be stored, and the name of the person authorizing the removing, pulling or storing of the vehicle or its parts.
2. (2) In the event a motor vehicle is recovered in a stripped or disassembled condition, all recovered parts thereof, including, but not limited to, the chassis, engine, transmission, differential, doors, deck lid, hood, front end clip (fenders and grill), seats, tires and wheels, and any other parts and accessories reasonably inferred to belong with the vehicle shall be taken to the same location, labeled and kept together.
3. (3) In no event shall any part or accessory, including those listed in subdivision (b)(2), be removed from any recovered motor vehicle or its component parts without the written permission of the owner or its insurer.
(c) A permanent record of the same information required to be given to the Tennessee highway patrol in regard to recovered vehicles shall be kept by the person, firm or corporation removing, pulling or storing the recovered vehicle for a period of two (2) years from the date of the recovery, and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. As used in this subsection (c), “recovered vehicle” means any vehicle towed or stored by a person, firm, or corporation engaged in the business of towing or storing vehicles.
(d) Nothing in subsection (c) should be construed to relieve any of the duties and responsibilities placed upon any person, firm or corporation in chapters 14 and 16 of this title.
(e) A violation of this section is a Class A misdemeanor.

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55-5-103(a)(1)

§ 55-5-102. Theft or embezzlement and recovery of registered vehicle — Notice required — Penalty.

(a) The owner, lienholder or insurer of the owner of a registered vehicle that has been stolen or embezzled shall notify the Tennessee highway patrol or the local sheriff's office or police department of the theft or embezzlement, but in the event of an embezzlement, the person shall make the report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.
(b) Every owner or other person who has given any notice under subsection (a) must notify the Tennessee highway patrol or the local sheriff's office or police department of a recovery of the vehicle.
(c) In the event the owner is notified by any law enforcement officer or by a garage or wrecker operator of the recovery of the stolen vehicle, it is the duty of the owner to immediately notify the owner's theft insurer of the vehicle's recovery and its location.
(d) Any person, firm or corporation violating this section commits a Class C misdemeanor.

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55-5-103(a)(1)

§ 55-5-103. Rules and forms for theft or embezzlement reports — Duties of commissioner and department of safety and department of revenue.

(a)
1. (1) The commissioner of safety is authorized and directed to promulgate rules and regulations pertaining to the submission of the reports required under §§ 55-5-101 and 55-5-102. The rules and regulations shall include time limits for the submission of the reports and shall prescribe the forms that the reports shall be submitted upon.
2. (2) The commissioner of safety shall cause to be distributed to the sheriffs' offices and police departments throughout the state the requisite forms for the reporting of the theft and recovery of stolen vehicles and parts. The commissioner of safety shall further prescribe and distribute those forms required of wrecker, garage and automobile salvage operators in regard to the recovery of stolen motor vehicles and parts.
(b)
1. (1) The department of safety, by and through the Tennessee highway patrol dispatchers, upon receiving reports of the theft or recovery of motor vehicles, shall cause this information to be filed with the national crime information center.
2. (2) The department of safety shall further notify the department of revenue of these reports and the department of revenue, upon receiving a report of a stolen or embezzled vehicle as heretofore provided, shall file and appropriately index the same, and shall immediately suspend the certificate of title to the vehicle so reported and shall not transfer the certificate of title until such time as it is notified in writing that the vehicle has been recovered.
(c) The department of revenue shall, at least once each week, compile and maintain in its office a list of all vehicles that have been stolen and embezzled or recovered as reported to it during the preceding week, and this list shall be made immediately available to the department of safety and shall be open to inspection by the general public.
(d) Notwithstanding § 4-7-402 to the contrary, the police department shall have concurrent jurisdiction with the criminal investigation division to investigate theft and recovery of stolen vehicles in any county with a metropolitan form of government and having a population of more than three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census. Nothing in this subsection (d) shall be construed to relieve the duty to report thefts and recoveries of stolen vehicles to the department of safety pursuant to this part.

§ 55-5-104. Temporary taking of vehicle — Joyriding — Obtaining possession fraudulently — Neglect to return — Class E felony.

(a) Any person who, with intent to defraud the owner of any motor vehicle or a person in lawful possession of the motor vehicle, obtains possession of the vehicle from the owner, or the servant, agents or employees of the owner, by agreeing in writing, to pay a rental for use of the vehicle based in whole or part on the distance the vehicle is driven, commits a Class E felony.
(b) Obtaining possession of the vehicle by means of trick, false or fraudulent misrepresentation, or false impersonation of another, or by giving a bad or worthless check as a deposit or in payment of the rental, in obtaining possession of the vehicle, shall be prima facie evidence of intent to defraud.
(c) Any person who, after hiring, leasing or renting a motor vehicle under an agreement in writing, which provides for return of the vehicle to a particular place, or at a particular time, abandons this vehicle, or refuses or willfully neglects to return the vehicle to the place and at the time specified in the agreement, or who secretes, converts, sells or attempts to sell the motor vehicle, or any part of the motor vehicle, commits a Class E felony.
(d) The failure, or refusal, or neglect to return the vehicle within seventy-two (72) hours subsequent to the date or time specified in the written agreement shall be prima facie evidence of willful intent to violate this section; provided, that failure, refusal or neglect to return the vehicle within the seventy-two-hour period shall not be evidence of willful intent if the person provides written notification to the owner within the seventy-two-hour period of the person's intention to return the vehicle and returns the vehicle within twenty-four (24) hours of the notification, or when agreed upon by the owner and the person, and if the person pays the fair rental value for the vehicle.
(e) A violation of this section is a Class E felony.

§ 55-5-105. Chauffeur using automobile without owner's consent — Penalty.

(a) It is unlawful for any chauffeur or any other person in like capacity to use the automobile of another without the owner's permission or consent.
(b) A violation of this section is a Class C misdemeanor.

§ 55-5-106. Required identification numbers.

(a) New Motor Vehicles, Freight Vehicles and Livestock Trailers and Components Manufactured Within This State. All new motor vehicles, new motor vehicle engines and transmissions, new freight vehicles, and new livestock trailers, as specified herein, and manufactured in this state and intended for sale to the general public within this state, shall be required to have placed upon them a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other motor vehicle, freight vehicle or livestock trailer manufactured by the same manufacturer. The vehicle component identification number shall not be the same number as the component identification number for any other like component manufactured by the same manufacturer, but may be the same as the vehicle identification number if the components are installed as original equipment.
(b) New Motor Vehicles, Freight Vehicles and Livestock Trailers Sold Within This State. No new motor vehicle, new freight vehicle or new livestock trailer shall be sold to the general public in this state unless the motor vehicle, freight vehicle or livestock trailer bears a vehicle identification number which shall not be the same as the vehicle identification number of any other motor vehicle, freight vehicle or livestock trailer made by the same manufacturer.
(c) New Components Sold Within the State. No new motor vehicle component shall be sold to the general public in this state unless the same shall bear an identification number, which shall not be the same as the identification number of any other like vehicle component made by the same manufacturer, except that the number may be the same number as the vehicle identification number, if the particular component has been installed as original equipment in the motor vehicle prior to its sale to the general public.
(d) Accessibility of Identification Number. The vehicle identification number required in subsections (a) and (b) shall be easily accessible for inspection.
(e) Definitions. As used in §§ 55-5-106 — 55-5-109:
1. (1) “Component.” Each of the following passenger car components shall be considered a part for the purpose of requiring a component identification number: engines and transmissions;
2. (2) “Freight vehicle” means any vehicle designed to be used on public highways for the purpose of transporting property;
3. (3) “Livestock trailer” means any vehicle, with or without motor power, designed for carrying livestock, including, but not limited to, horses, and for being drawn by a motor vehicle and so constructed that any part of its weight rests upon the towing vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
4. (4) “Motor vehicle” means any vehicle that is self-propelled and designed to be used on public highways;
5. (5) “New passenger cars” means any passenger car that has never been the subject of a sale at retail to the general public;
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6. (6) “Passenger car” means every self-propelled motor vehicle designed for carrying ten (10) passengers or fewer except trackless trolleys, devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires;
7. (7) “Person” means any natural or artificial person, firm, corporation, partnership or other association or business relations; and
8. (8) “Used passenger car” means any passenger car that has been the subject of a sale at retail to the general public.
(f)
1. (1) Any new trailer manufactured in this state and intended for sale to the general public within the state shall be required to have stamped upon the vehicle's metal tongue or metal frame a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other trailer manufactured by the same manufacturer.
2. (2) No new trailer shall be sold to the general public in this state unless the trailer shall bear a vehicle identification number stamped upon the vehicle's metal tongue or metal frame, which shall not be the same as the vehicle identification number of any other trailer made by the same manufacturer.
3. (3) As used in this subsection (f), “trailer” means every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

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§ 55-5-107. Identification numbers — Method of installation.

(a) The identification numbers required by § 55-5-106 shall be placed upon the passenger car and components required to be numbered in a permanent manner so that any attempt to remove, alter, deface, obliterate or destroy them will be ascertainable.
(b) The permanent manner required by §§ 55-5-106 — 55-5-110 may be by any suitable manufacturing process that will result in the number becoming a permanent part of the passenger car or component. They shall be of a height and width easily readable by the naked eye. They may consist of letters, numbers, digits or any combination of them.
(c) The identification numbers required by § 55-5-106 may be in accordance with recommended practices approved by the Society of Automotive Engineers as to material, lettering, manufacturing and installation.
(d) The identification numbers required by § 55-5-106 shall be placed upon the passenger car and required component parts by the manufacturer.

§ 55-5-108. Permanent records of transactions — Bills of sales — Inspections — Contraband subject to forfeiture — Rights of claimants — Sale of forfeited property.

(a)
1. (1) Any person, firm, or corporation engaged in the business of buying or selling used automobile parts shall keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels, steering wheels, automobile radios and automobile tape players, and bumpers. The record must include from whom the item was purchased and the seller's address and driver license number, and to whom the item was sold and the purchaser's address and driver license number, as well as the description of the item and any identifying number or numbers. The records must be kept for a period of three (3) years from the date of the transaction and made available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.
2. (2) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler that is licensed pursuant to § 55-17-109, and is fully compliant with the reporting requirements of § 55-3-203(c), is not required to keep the records required by subdivision (a)(1), with regard to transactions of selling the parts described. All other required records must be kept.
3. (3) Any person, firm, or corporation engaged in the business of selling used automobile parts must provide a bill of sale, including the source of the part, when requested by the purchaser of any major component part, in order to comply with § 55-3-206, which requires the inspection and certification of any rebuilt motor vehicle.
4. (4) Any person, firm, or corporation required to keep records by §§ 55-5-106 — 55-5-110 and knowingly failing to do so commits a Class C misdemeanor.
5. (5) For the purpose of locating stolen vehicles, establishing lawful ownership, possession, titling, or registration, any motor vehicle investigator designated by the commissioner of revenue or the commissioner of safety, except as provided in subdivision (a)(6), may inspect any vehicle, whether intact, wrecked, or dismantled, at an automobile dismantler's lot, salvage lot, or other similar establishment required to keep records under subdivision (a)(1), within this state.
6. (6) Inspection conducted pursuant to subdivision (a)(1), (a)(4), or (a)(5) must be conducted during normal business hours and at a time and in a manner so as to minimize any interference with or delay of business operations. The inspection does not apply to a scrap processor when the scrap processor obtains any vehicle that has been crushed or flattened. “Scrap processor” means any person, firm, or corporation engaged in the business of buying motor vehicles or motor vehicle parts to process into scrap metal for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous or nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap for these purposes.
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- 55-3-206(b)
(b)
1. (1) As used in this subsection (b), unless the context otherwise requires, “property” means any vehicle, aircraft, boat or other vessel, special mobile equipment, boat trailer, mobile self-propelled construction, farm or forestry machinery, similar equipment, or any component part.
2. (2) Any property on which the manufacturer's serial number, engine number, transmission number, vehicle identification number, or other distinguishing number or identification mark has been removed, defaced, covered, altered, destroyed or otherwise rendered unidentifiable is hereby declared to be contraband and subject to forfeiture to the state. This subdivision (b)(2) applies to all persons, including, but not limited to, those persons designated in subsection (a). It is the duty of the commissioner or the commissioner's designee, and of any other state, county, or municipal law enforcement officer or campus police officer as defined in § 49-7-118, internal affairs director or internal affairs special agent of the department of correction, when such person has reason to believe that property constitutes contraband under this section, to seize and impound or otherwise take custody of the property on behalf of the department of safety.
3. (3) Where there is only one (1) claimant to the property seized or taken into the custody of the department of safety, the claimant may elect to give a bond payable to the state in an amount double the value of the property seized, with corporate sureties approved by the commissioner of safety or the commissioner's designee. If a claimant elects to give a bond, the commissioner of safety or the commissioner's designee has the discretion to deliver the property to the claimant, pending a hearing to determine whether or not the property constitutes contraband under this section. The condition of the bond shall be that the obligors shall pay to the state, through the department of safety, the amount of the bond upon failure of the claimant to surrender the property in substantially the same condition as when it was released, to the department of safety upon a final determination adverse to the claimant.
4. (4) Whenever any property believed to constitute contraband under this section comes into the custody of the commissioner of safety or the commissioner's designee, the person from whom the property was taken and any other possible claimant whose interest or title may be found of record in the department of safety shall be notified within a reasonable time. The notice shall be personally served or sent by certified mail, return receipt requested. If the department of safety is unable to determine with reasonable certainty the identities or addresses of all possible claimants, notice by one (1) publication in one (1) newspaper of general circulation in the area where the property was confiscated shall be adequate notice to all possible claimants. Notice by publication may contain multiple listings of property.
5. (5) Any claimant to a property that has come into the custody of the commissioner of safety or the commissioner's designee under this section shall have a right to a hearing before the commissioner of safety or the commissioner's designee under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 67-1-105(a), upon written request or petition, within ten (10) days after receiving notice by personal service, certified mail or publication; provided, that after the hearing is conducted, a decision shall be rendered within forty-five (45) days unless good cause is shown why a longer time may be required. Claimants shall be advised of this right in the notice. The commissioner of safety may waive reimbursement for any or all towing, preservation, or storage charges as the equities of the case may require. If a claimant, in a written request or petition, expresses a desire that the hearing before the commissioner of safety or the commissioner's designee be held in the county where the property in question was seized, that request shall be honored. Failure of the claimant to request a hearing for return of the property within the time provided shall constitute a waiver of all rights, title or interest the claimant may have in the property.
6. (6) Within a reasonable time after the expiration of the ten-day period, the commissioner of safety or the commissioner's designee, upon a hearing when the matter is contested, shall determine the rights, title or interests of all claimants to the property. If a claimant establishes by a preponderance of the evidence the original identification numbers or marks of the property and the claimant's right, title, or interest of the property bearing that number or mark, the commissioner of safety, upon reimbursement for all towing, preservation and storage charges, shall release the property to the claimant, and the department of safety shall issue the claimant a permit to restore the original identification numbers or marks as provided under § 55-5-112(b). If no claimant can establish in this manner the claimant's ownership of the property, the property shall be forfeited to the state.
7. (7) Property forfeited under this section shall be sold by the department of general services as provided by law, or held and titled to the department of safety for its use. The commissioner of safety may contract for the towing, storage, and/or disposal through public auction of all property forfeited to the state. The proceeds of the sales shall be retained by the department of safety for use in vehicle investigations. However, in cases where the property was seized or taken into custody by a state, county or municipal law enforcement agency, the property shall be sold and the proceeds divided equally between the department of safety and the cooperating agency. Future forfeitures or proceeds shall not be anticipated in the adoption and approval of the budget for the department of safety, except expenditures from these proceeds shall be subject to the approval of the commissioner of finance and administration and the comptroller of the treasury.
8. (8) Nothing in this section shall be construed to allow the seizure or impoundment by the department of safety or any other agency or individuals of any nonfactory-made trailers, logging trailers, or homemade trailers.

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55-5-204(a)

§ 55-5-109. Penalties for sale, shipment, or manufacture of passenger cars or components not bearing identification numbers.

Any person, firm or corporation who sells, offers for sale, ships or causes to be shipped into this state, or manufactures a passenger car, passenger car engine or passenger car transmission, the same being intended to be sold at retail within the state, that does not bear an identification number or numbers as set out in this part, commits a Class C misdemeanor.

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§ 55-5-110. Application of §§ 55-5-106 — 55-5-109.

The provisions of §§ 55-5-106 — 55-5-109 requiring vehicle identification numbers on passenger cars only apply to those passenger cars manufactured after January 1, 1969, and designated by the manufacturer as a 1969 or subsequent model.

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§ 55-5-111. Buying, disposing of or possessing motor vehicle, engine or transmission with removed or altered identification mark or number unlawful.

Any person who knowingly buys, receives, disposes of, sells, offers for sale, or has in that person's possession any motor vehicle, engine or transmission removed from a motor vehicle, from which the manufacturer's serial, engine or transmission number or other distinguishing number or identification mark or number placed thereon under assignment from the division has been removed, defaced, covered, altered or destroyed commits a Class A misdemeanor.

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§ 55-5-112. Altering or changing of distinguishing number or identification mark — Restoration of vehicle identification number.

(a) No person shall with fraudulent intent deface, destroy or alter the manufacturer's serial, engine or transmission number or other distinguishing number or identification mark of a motor vehicle or its component parts, nor shall any person place or stamp any serial, engine, transmission or other number or mark upon a motor vehicle or its component parts, except one assigned by the department. A violation of this subsection (a) is a Class E felony.
(b) This section shall not prohibit the restoration of a vehicle identification number upon a motor vehicle or motor vehicle component part by the commissioner of safety or the commissioner's designee, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon motor vehicles or motor vehicle component parts thereof.
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§ 55-5-113. Fraudulent statements in application — Penalty.

Any person who fraudulently uses a false or fictitious name in any application for the registration of a vehicle or certificate of title, or knowingly conceals a material fact, or otherwise commits a fraud in the application, commits a Class C misdemeanor.

§ 55-5-114. Enforcement of motor vehicle laws — Penalties — Enforcement procedures — Operation without registration plates — Penalties — Failure to license mobile home or house trailer.

(a) Employees of the department of safety shall be charged with the duty of policing and enforcing the motor vehicle laws administered by the commissioner of safety, and they shall have authority to make arrests for violations of the provisions, execute search warrants and do all the acts incident thereto in the same manner as other peace officers. The authority to weigh and inspect vehicles shall apply throughout the state, and the officer shall have authority to view the cargo and any bills or invoices or like evidence relating to the gross weight of the vehicle. It is lawful for the employees of the department of safety charged with the enforcement of this section to go armed while on active duty.
(b) Any person, firm or corporation owning or operating any motor vehicle over the roads of this state in excess of the maximum limits provided in this title or with a greater gross weight than that authorized by the registration thereof commits a Class C misdemeanor.
(c)
1. (1) When any vehicle is found to be operated at a weight exceeding the maximum allowable under chapter 7 of this title, the operator may be required to reduce the weight to the maximum therefor specified in order to continue in operation.
2. (2) Any vehicle transporting perishable commodities or livestock may be removed to the nearest place suitable for preserving the character of the cargo removed from that vehicle.
3. (3) When any vehicle is seized, held, unloaded or partially unloaded under this subsection (c), the material shall be cared for by the owner or operator of the vehicle without any liability on the part of the department of safety's agent or officer or of the state or any municipality because of damages or loss.
(d) No vehicle required to be registered under chapters 1-6 of this title shall be operated upon any highway unless there is attached thereto and displayed thereon, when and as required by chapters 1-6 of this title, a valid and outstanding registration plate or plates issued therefor to the owner thereof for the current registration year, or a registration plate or plates issued to the owner thereof with the proper tabs, sticker, or other device attached or affixed thereto indicating a valid renewal of the registration plate or plates. A violation of this subsection (d) is a Class C misdemeanor.
(e) Any operator of a vehicle who fails or refuses to display the certificate of registration therefor and in the case of a freight vehicle refuses to submit the vehicle and load for a weighing when directed by an officer of the law or duly constituted agent of the commissioner of safety commits a Class C misdemeanor.
(f) If any owner or operator fails to license a mobile home or house trailer within a period of fifteen (15) days after first occupancy requiring registration, or if any owner or operator fails to license a mobile home or house trailer prior to moving it on the streets or highways of the state, the person shall, in addition to other fees and taxes due, dating from the time of first use during a given registration year, be assessed a penalty of twenty percent (20%) of the amount of the registration fee and remit it as a part of the tax.
(g) Any violation punishable under this section shall subject the offender to liability also for the payment of any applicable specific fee enumerated in § 8-21-901 and directed to be paid therein or by § 40-25-104. Where imposed because of an arrest made or citation issued by an employee of the department of safety, the fee shall be paid over to the commissioner of safety and deposited by the commissioner of safety to the credit of the state treasurer and become a part of the general fund of the state.

§ 55-5-115. Misuse of evidences of registration a misdemeanor — Penalties.

(a) No person shall lend to another any certificate of title, certificate of registration, registration plate, special plate, or permit issued to such person, if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any certificate of registration, registration plate, or permit not issued for that vehicle or not otherwise lawfully used thereon under chapters 1-6 of this title.
(b) A violation of this section is a Class C misdemeanor.

§ 55-5-116. Altering, falsifying or forging evidences of title, assignments or plates a felony.

It is a Class E felony for any person to:
1. (1) Alter with fraudulent intent any certificate of title, certificate of registration, registration plate, or permit issued by the department or any county clerk of this state by virtue of chapters 1-6 of this title;
2. (2) Alter or falsify with fraudulent intent or forge any assignment upon a certificate of title; or
3. (3) Hold or use the document or plate, knowing the document or plate to have been altered, forged or falsified.

§ 55-5-117. Grounds for suspension or revocation of registrations, certificates of titles, and permits.

(a) The department is authorized to suspend or revoke the registration of a vehicle or a certificate of title, certificate of registration, or registration plate, or any nonresident or other permit in any of the following events:
1. (1) When the department is satisfied that the registration or that the certificate, plate, or permit was fraudulently or erroneously issued;
2. (2) When a registered vehicle has been dismantled or wrecked;
3. (3) When the department determines that the required fee has not been paid and the same is not paid upon reasonable notice and demand;
4. (4) When a certificate of registration, registration plate or permit is knowingly displayed upon a vehicle other than the one for which it was issued; and
5. (5) The commissioner shall be empowered to suspend the permit or right of any nonresident under any reciprocal agreement executed under § 55-4-121 if the nonresident is found to have violated any of the laws of this state regulating motor vehicles.
(b) Nothing in chapters 1-6 of this title shall be construed to affect or change the power of the commissioner to revoke motor vehicle registrations under the financial responsibility law in chapter 12 of this title.

§ 55-5-118. Grounds for suspension or revocation of certificates or special plates and temporary tags or permits of manufacturers, transporters or dealers.

The department is also authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, transporter or dealer and temporary tags or permits issued under chapters 1-6 of this title upon determining that the person is not lawfully entitled to the certificate or plates or has made or knowingly permitted any illegal use of the plates, or has committed fraud in the registration of vehicles, or failed to give notices of transfers when and as required by chapters 1-6 of this title.

§ 55-5-119. Evidences of registration to be returned by owner upon cancellation, suspension or revocation.

(a) Whenever the department as authorized hereunder cancels, suspends, or revokes the registration of a vehicle, or a certificate of title, a certificate of registration or registration plate or plates, or any nonresident or other permit or the license of any dealer or wrecker, the owner or person in possession of the same shall immediately return the evidence of registration, title or license so cancelled, suspended, or revoked to the department.
(b) In cases where the registration plate or plates are revoked by the commissioner of safety under the Financial Responsibility Law of 1977, compiled in chapter 12 of this title, the plate or plates shall be retained by the commissioner of safety, who shall notify the commissioner of revenue that the plate or plates are in the commissioner of safety's possession.
(c) The action of the department in suspending, revoking or canceling any registration, certificate of registration, registration plate or plates, permit or special plate shall be reviewed in the manner provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in § 67-1-105; provided, that the party aggrieved by the action makes a written request for a formal hearing under the Uniform Administrative Procedures Act within ten (10) days of the action complained of.

§ 55-5-120. Penalty for violations.

(a) It is a Class C misdemeanor for any person to violate any of the provisions of chapters 1-6 of this title unless such violation is by chapters 1-6 of this title or other law of this state declared to be a felony.
(b) Unless another penalty is in chapters 1-6 of this title or by the laws of this state provided, a violation of any of the provisions of chapters 1-6 of this title is a Class C misdemeanor.

§ 55-5-121. Violation — Class E felony.

Any person who is convicted of a violation of any of the provisions of chapters 1-6 of this title declared to constitute a felony shall be punished for a Class E felony.

§ 55-5-122. Moving any motor vehicle located on private property unlawful — Exceptions.

(a) It is unlawful for any person, or the person's agent, to move or cause to be moved, any motor vehicle located on private property, from the property, if the owner of the motor vehicle has acquired any interest in the private property by virtue of a lease or any contract, without the express consent of the owner of the motor vehicle; or upon request by the owner or tenant of the property on which the vehicle is located; or unless the person so moving the motor vehicle has acquired an interest in the vehicle by operation of law, a security interest agreement, or is acting pursuant to an order of a court of competent jurisdiction, including a municipal court.
(b) Subsection (a) shall not be construed in any manner to impair or restrict the authority or ability of a municipal or metropolitan government, acting by ordinance, to regulate the parking or towing of any motor vehicle located within the boundaries of the municipality.

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§ 55-5-123. Penalties for violations.

A violation of § 55-5-122 is a Class C misdemeanor.

§ 55-5-124. Treble damages.

In addition to the criminal penalties prescribed by §§ 55-5-122 — 55-5-125, any person who violates § 55-5-122 is civilly liable to the owner of the motor vehicle in a sum treble the amount of the costs incurred by the owner in recovering the motor vehicle so moved.

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55-5-125

§ 55-5-125. Abandoned and junked vehicle laws unaffected.

Sections 55-5-122 — 55-5-124 shall not affect nor prevent the operation of any state law relative to the removal of abandoned and junked motor vehicles.

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55-5-124

§ 55-5-126. Use of stolen plates — Penalty.

(a) It is a Class C misdemeanor for any person to display upon a vehicle, for the purpose of indicating its registration, any license plate known by the user to have been stolen, or reported as lost or stolen in an application made to the department for a replacement plate, or issued as the replacement for a plate falsely reported to have been lost or stolen.
(b) When any person is apprehended while operating an unregistered vehicle on which there is displayed a plate known to the owner or user as having been stolen, reported as lost or stolen, or issued as the replacement for a plate falsely reported to have been stolen, the registration fee for the vehicle shall be in a sum treble the amount of the annual registration fee provided in chapter 4 of this title.

§ 55-5-127. Junked or salvaged motor vehicles — Sale or transfer of certificates of title, identification plates or license plates — Penalties.

(a) It is unlawful for any person, firm or corporation to sell or exchange, offer to sell or exchange, or to give away any certificate of title or manufacturer's identification number plates, serial plates or motor vehicle license plates of any motor vehicle that has been sold as junk or salvage or as a total loss. Every officer, agent or employee of any person, firm or corporation, and every person who authorizes, directs, aids in or consents to the sale or exchange, or offers to sell, exchange or give away the certificate of title or manufacturer's identification number plate, serial plates or motor vehicle license plates, commits a Class E felony.
(b) It is lawful to sell, exchange or give away any motor vehicle license plate that is no longer legally effective and is not used or usable for an illegal purpose.

§ 55-5-128. Seized or repossessed motor vehicles — Notice to sheriff.

(a)
1. (1) If a motor vehicle is seized or repossessed in Tennessee, the sheriff of the county in which the seizure or repossession occurred shall be notified immediately of the action taken; provided, that if the seizure or repossession occurred in a county having a metropolitan form of government, notification shall be made to the metropolitan police department. The notice shall contain the name and address of the owner and a description of the vehicle, including the make, model and serial number.
2. (2) Failure to notify as provided in this section, errors of fact in notification or notification to an incorrect jurisdiction shall not be construed to be grounds to defeat and/or cancel an otherwise permissible seizure and/or repossession.
(b) The notice requirements of this section shall not apply if the owner voluntarily surrenders the vehicle for repossession.

§ 55-5-129. Impounded vehicles — Entry onto private property.

(a) As used in this section, “impound” means removing a vehicle from a private parking lot adjacent to a street, alley, highway, or thoroughfare by a uniformed police officer, to the nearest garage or other place of safety or to a garage designated or maintained by a law enforcement agency.
(b) Authorized personnel of the appropriate law enforcement agency in any county or municipality of this state have the authority to impound any vehicle after determining the existence of any one (1) or more of the following factors:
1. (1) The registration plate displayed on the vehicle is stolen or is otherwise not registered to the vehicle; or
2. (2) The renewal decal displayed on the vehicle is stolen or is otherwise not registered to the vehicle.
(c) Sections 55-16-105 and 55-16-106 shall govern the disposition of any vehicle impounded pursuant to this section.
(d) Law enforcement personnel must secure permission of the owner of any private property before entering onto the property for the purposes of this section.

§ 55-5-130. Reporting theft of motor vehicle from bailee.

Whenever a motor vehicle under a bailee's care has been stolen, the bailee shall report the theft to the appropriate law enforcement agency and to the bailor if the bailor's address is known. Thereafter, the law enforcement agency shall investigate the theft in the same manner as any other stolen motor vehicle investigation.

Part 2 Motor Vehicle Chop Shop Act of 2000

§ 55-5-201. Short title.

This part shall be known and may be cited as the “Motor Vehicle Chop Shop Act of 2000.”

§ 55-5-202. Part definitions.

As used in this part:
1. (1) “Chop shop” means any building, lot, or other premises where one (1) or more persons knew, or should have known, that they were engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle component part that was obtained by theft, or any other unlawful means to either:
  1. (A) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle component part, or to prevent the identification of the motor vehicle or motor vehicle component part; or
  2. (B) Sell or dispose of the motor vehicle or motor vehicle component part;
2. (2) “Motor vehicle” includes every device in, upon, or by which any person or property may be transported or drawn upon a highway, that is self-propelled or which may be connected to and towed by a self-propelled device, and shall also include any and all devices which are self-propelled but are not designed for use upon a highway, including, but not limited to, farm machinery, construction equipment, and water craft;
3. (3) “Motor vehicle component part” includes any and all parts installed upon the “motor vehicle,” including, but not limited to, engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires, wheels, steering wheels, air bags, automobile radios, automobile tape players, and bumpers;
4. (4) “Person” includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity;
5. (5) “Tool, implement, instrumentality” means any tool or device, either electrical, mechanical or electronic that can be and is being used to:
  1. (A) Alter, destroy, disassemble, dismantle, or reassemble any stolen motor vehicle or motor vehicle component part, including, but not limited to, hand tools, power tools, wrenches, air guns, and tool boxes;
  2. (B) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the vehicle identification number on any motor vehicle or motor vehicle component part, to include, but not be limited to, grinders, die stamps, rivet guns, rivets, drills, torches, and welders; or
  3. (C) Sell, dispose, or transport a stolen motor vehicle or stolen motor vehicle component part, including, but not limited to, passenger vehicles, towing vehicles (wreckers or rollbacks), shipping containers, cellular telephones and pagers;
6. (6) “Unidentifiable” means that the uniqueness of a motor vehicle or motor vehicle component part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle theft examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies, specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle theft examination techniques; and
7. (7) “Vehicle identification number” means:
  1. (A) A number or numbers, a letter or set of letters, a character or set of characters, a derivative or derivatives, or a combination thereof, used by the manufacturer for the purpose of uniquely identifying a motor vehicle or motor vehicle component part; or
  2. (B) Any number, set of numbers, a letter or set of letters, a character or set of characters, a derivative or derivatives, or a combination thereof assigned by the department of revenue in the normal course of its duties in salvage conversion or restoration.

§ 55-5-203. Violations and penalties.

(a) It is an offense to:
1. (1) Knowingly own, operate or conduct a chop shop;
2. (2) Transport any motor vehicle or motor vehicle component part to or from a location, knowing the location to be a chop shop;
3. (3) Purchase or receive any motor vehicle or motor vehicle component part from a location knowing the location to be a chop shop; or
4. (4) Sell or transfer any motor vehicle or motor vehicle component part to a location knowing the location to be a chop shop.
(b) A violation of subdivision (a)(1) or (a)(2) is a Class D felony. In addition to the authorized term of imprisonment for a Class D felony, the violation shall also be punished by a minimum mandatory fine of three thousand five hundred dollars ($3,500).
(c) A violation of subdivision (a)(3) shall be punished as theft pursuant to § 39-14-103 and graded pursuant to § 39-14-105 depending upon the value of the motor vehicle or motor vehicle component part purchased or received.
(d) The penalty for a violation of subdivision (a)(4) shall be graded pursuant to § 39-14-105 depending upon the value of the motor vehicle or motor vehicle component part sold or transferred.
(e)
1. (1) In addition to any other punishment, a person convicted of a violation of this section shall be ordered to make restitution to the lawful owner or owners of the stolen motor vehicle or motor vehicle component part, or to the owner's insurer, and to any other person for financial loss sustained as a result of a violation of this section.
2. (2) “Financial loss” includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs and claims payments.
3. (3) “Lawful owner” includes an innocent bona fide purchaser of a motor vehicle or motor vehicle component part who does not know the motor vehicle or motor vehicle component part to be stolen.
(f) The court shall determine the extent and method of restitution.

§ 55-5-204. Seizure of property.

(a) Any motor vehicle or motor vehicle component part with identification numbers or distinguishing numbers or marks that have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed shall be seized, forfeited, and disposed of in accordance with § 55-5-108.
(b) Any tool, implement, or instrumentality used:
1. (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component part;
2. (2) To alter, counterfeit, deface, forge, obliterate, or remove the motor vehicle identification number; or
3. (3) In transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, is declared to be contraband and may be seized by a member of a state or local law enforcement agency and subject to forfeiture in accordance with this part.
(c) When property is seized pursuant to this section, the seizing agency shall remove the property to a place designated by that agency for safe storage pending disposition.
(d) No civil liability shall be attached to any law enforcement officer acting in good faith in regard to the seizure and forfeiture of motor vehicles, motor vehicle component parts, or tools, implements, or instrumentalities pursuant to this section.
(e) For purposes of clarifying this section and consistent with the overall remedial purpose of asset forfeitures, property is subject to seizure and forfeiture upon the arrest of a person who owns, operates or conducts a chop shop, or transports any motor vehicle or motor vehicle component part to or from a chop shop, or sells, transfers, purchases or receives any motor vehicle or motor vehicle component part to or from a chop shop.

§ 55-5-205. Forfeiture of property.

(a) If the state meets its burden of proof, any tool, implement, or instrumentality used:
1. (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component parts;
2. (2) To alter, counterfeit, deface, destroy, forge, obliterate, or remove the motor vehicle identification number; or
3. (3) In the transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts,
  1. shall be forfeited in accordance with this part.
(b) The district attorney general in the county in which the seizure occurs shall bring an action for forfeiture in either chancery or circuit court. The forfeiture action shall be brought within sixty (60) days from the date of seizure.
(c) The clerk of the court shall give notice of the forfeiture proceedings by mailing a certified copy of the complaint in the forfeiture proceedings and instructions on how the action for forfeiture may be contested to each person whose right, title, or interest is of record.
(d) Notice of the proceedings shall be given to any other person as may appear from the facts and circumstances to have any right, title or interest in or to the property.
(e) The owner of the property, or any person claiming an ownership or security interest, may within fourteen (14) days after the certified mailing of the notice, file a verified answer to the complaint and may appear at the hearing on the action for forfeiture.
(f) The district attorney general shall prove by a preponderance of the evidence that the property was used in the commission of a violation of this part, or was possessed to facilitate the violation.
(g) Failure to carry the burden of proof shall operate as a bar to any forfeiture, and the property shall be immediately returned to the person in possession.
(h) If the state meets its burden of proof, the court may order that:
1. (1) The property be destroyed by the agency that seized it or by some other agency designated by the court;
2. (2) The property be retained for use by the seizing agency in furtherance of vehicle theft investigations; or
3. (3) The property be sold and the proceeds are to be used by the seizing agency for vehicle theft investigations only.
(i) Notwithstanding subsection (h), if property is forfeited pursuant to this section and a person claiming a security interest has filed an answer as required by subsection (e), the property shall be forfeited subject to the secured party's interest.
(j) If the property was seized as a result of a joint operation between two (2) or more agencies, the proceeds will be divided between all agencies.

§ 55-5-206. Civil remedies.

(a) Any district attorney general, insurer, or other aggrieved person may institute civil proceedings against any person in a court of competent jurisdiction seeking relief from conduct constituting a violation of this part, § 55-5-111, or § 55-5-112, or if the plaintiff in the proceedings proves the alleged violation by a preponderance of the evidence, the court, after due provision for the rights of innocent persons, may grant relief by entering the appropriate order or judgment, to include, but not be limited to, threefold the actual damages sustained by the person.
(b) Obtaining civil remedy under this section shall not preclude obtaining any other civil or criminal remedy under either this part or any other law. Civil remedies under this section are supplemental and not mutually exclusive.
(c) Any civil remedies under this section are separate to any restitution ordered by the court in the criminal proceedings.

Chapter 6 Fees and Duties of Officers under Title and Registration Law — Disposition of Funds

§ 55-6-101. Fees due department for specified services.

(a) The following fees are due to the department of revenue with regard to services pertaining to the titling and registration of motor vehicles:
1. (1) For issuing a certificate of title there shall be collected, in addition to the registration fee, a sum of five dollars and fifty cents ($5.50). The revenue generated from one dollar and fifty cents ($1.50) of this fee shall be earmarked for the purpose of paying the principal and interest on bonds issued pursuant to chapter 1028 of the Public Acts of 1992. Any funds in excess of the amount necessary to pay the principal and interest shall be earmarked for the purposes of capital projects at state parks. It is the legislative intent that the department of environment and conservation in the planning and development of its capital renovation and improvement programs for state parks give priority to the camp sites, marinas and cabins;
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  - 55-4-101(d)(1)(C)
2. (2) For noting new liens or encumbrances and transferring liens or encumbrances from one (1) lienor to the lienor's assignee upon a certificate of title when the transaction does not involve a change of ownership and where the certificate of title is forwarded to the department together with the application, the sum of eleven dollars ($11.00);
3. (3) For noting on a certificate of title the extension of any mortgage therein described and noted thereon, the sum of eleven dollars ($11.00);
4. (4) For issuing a duplicate certificate of ownership to replace a lost or destroyed certificate, the sum of five dollars and fifty cents ($5.50);
5. (5) For issuing a plate with a new and distinguishing number for a vehicle where the serial or manufacturer's identification number has been removed, destroyed or obliterated, or for replacing a plate and number issued by a manufacturer, the sum of ten dollars ($10.00); and
6. (6) For issuing or duplicating any other certificate or document not specifically enumerated in this section, but not including the initial issuance of a registration certificate, then at a charge that the commissioner deems necessary to cover the actual cost of preparation and distribution thereof, but not to exceed the sum of two dollars ($2.00) each.
(b) The increase of fifty cents (50¢) in the state fees for certificates of title authorized by chapter 276 of the Public Acts of 1989, subject to an annual appropriation in the general appropriations act, shall be used for the purpose of funding action against odometer fraud, including the expenses of odometer fraud related activities of the department of safety and the department of revenue.
(c)
1. (1) Revenue to the state from the fee increases in subdivisions (a)(2)-(4), as provided by chapter 529, §§ 3-5 of the Public Acts of 1993, are earmarked to the department for equipment, staff, and other costs incurred by the department or a county clerk's office under contract with the department pursuant to § 55-3-114(e). [See the Compiler's Notes.]
2. (2) No state funds collected pursuant to the fee increases provided by chapter 529 of the Public Acts of 1993 shall be expended in any county where the additional funds provided in the fee increases provided by chapter 529 are not collected.

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§ 55-6-102. Fees returnable — Causes.

(a) Whenever any application to the department or any county clerk is accompanied by any fee as required by law, and the application is refused or rejected, the fee shall be returned to the applicant.
(b) Whenever the department, or any county clerk of the state, through error, collects any fee not required to be paid hereunder, the fee shall be refunded to the person paying the fee upon application made within six (6) months after the date of the payment.
(c) Whenever the department declines to issue a certificate of title to any purchaser of a motor vehicle required to be registered hereunder, the applicant may, if the applicant has already applied for and received a registration of the motor vehicle, at any time within five (5) days from receipt of formal notice that the applicant's application for a certificate of title has been rejected, surrender the applicant's certificate of registration and registration plate or plates issued for the motor vehicle to the county clerk from whom they were purchased and be thereby entitled to an immediate refund of all the fees paid by the applicant for the registration of the motor vehicle, except, however, that the applicant shall not be entitled to any part of fees paid to the county clerk by virtue of § 55-4-208.

§ 55-6-103. Disposition of fees.

(a) All fees collected by the department by the terms of this chapter and chapter 2 of this title shall be for the benefit of the state and the same when so collected shall be deposited by the commissioner with the state treasurer and shall become a part of the general funds of the state.
(b) All fees required to be paid to the clerks of the various counties shall, unless otherwise specifically provided, be retained by the clerk and handled in the same manner as all other fees collected by the clerk for the clerk's benefit.

§ 55-6-104. Fees due county clerk for specified duties.

(a) The county clerks, as deputies to the registrar of motor vehicles, shall, upon the performance of the duties that the registrar prescribes under the laws governing the titling and licensing of vehicles and upon complying with the requirements of this chapter, be entitled to the following fees from applicants for the following services:
1. (1) For issuing certificates of registration and registration plates, for transferring registration plates from one motor vehicle to another and issuing a certificate therefor, for accepting for surrender certificates of registration and registration plates, for each set of registration plates and certificates of registration, the sum of two dollars and fifty cents ($2.50);
2. (2) For issuing replacement certificates of registration, the sum of three dollars ($3.00) each;
3. (3) For receiving and forwarding to the division each application for certificates of title, including all acknowledgments of signatures thereunder, the sum of eight dollars and fifty cents ($8.50); provided, that three dollars ($3.00) of the fee must be earmarked for the provision of services directly related to titling and registration and must not revert to the county general fund at the end of a budget year if unexpended;
4. (4) For issuing a duplicate certificate of ownership to replace a lost or destroyed certificate, the sum of five dollars and fifty cents ($5.50); and
5. (5) For each transaction where sales tax is collected one dollar ($1.00); except that the fee shall be two dollars ($2.00) where sales tax is collected on the isolated sale of boats and other such vessels.
(b)
1. (1) The county clerks, as deputies to the commissioner under § 55-3-114(a)(2), shall be entitled to the following fees from the department, to be paid on a regular basis as determined by the commissioner, for the following services:
  1. (A) For issuing certificates of title pursuant to § 55-3-114, the sum of two hundred fifty dollars ($250) per month; or
  2. (B) The fee under subdivision (b)(1)(A) shall be the sum of four hundred dollars ($400) per month; provided, that the county clerk scans documents related to the issuance of titles and submits such images to the department electronically.
2. (2) Funds payable as fees under subdivision (b)(1) shall be earmarked for the provision of services directly related to titling and registration and shall not revert to the county general fund at the end of a budget year if unexpended.
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- 55-4-132(c)
(c) In the event that the number of certificates of title issued by a county clerk in a calendar month divided by the number of applications for a certificate of title received by that county clerk in that calendar month yields a ratio of less than fifty-one percent (51%), then the applicable amount provided for in subsection (b) shall be reduced to the amount that results from multiplying the applicable amount in subsection (b) by the ratio calculated in this subsection (c).
(d) The commissioner is authorized to establish a reasonable transactional based payment to compensate the county clerks for the acquisition, maintenance, modernization, enhancement, or replacement of software or equipment and related necessary supplies used in the operation of the titling and registration system.

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§ 55-6-105. Duties of county clerk — Penalties for delinquencies.

(a) In addition to the powers and duties heretofore devolved upon the county clerk, it is the clerk's duty to:
1. (1) Ascertain the names of the owners of all vehicles required to be registered by the terms of chapters 1-6 of this title in the clerk's county, and issue distress warrants against the owner operating the vehicle in violation of chapters 1-6 of this title after April 1 of the year for which the tax in question may be due. In the case of the issuance of these distress warrants, the clerk shall be entitled to collect the fees now provided by law for the issuance of distress warrants;
2. (2) Take registration applications from the owner of any vehicle designated in chapters 1-6 of this title;
3. (3) Collect the fees due the clerk or due any department or division of the state provided for in chapters 1-6 of this title to be collected by the clerk;
4. (4) Distribute the registration plates, which shall be provided by the department, and keep a complete record of all motor vehicles registered in the clerk's county;
5. (5) Forward all applications for certificates of title received by the clerk, together with the original copy of the certificate of registration or transfer certificate of registration issued by the clerk to the department within five (5) working days from when the applications are filed with the clerk and the certificate of registration or transfer certificate of registration issued by the clerk; provided, that an additional five (5) working days shall be allowed for any clerk that issues certificates of title for the state under contract with the state. All applications, certificates and other forms, documents or information required by this subdivision (a)(5) to be forwarded to the department may be electronically scanned and forwarded to the department by electronic means;
6. (6) Notify the department of the surrender of all certificates of registration and registration plates on the same day upon which the certificates of registration and registration plates shall be surrendered to the clerk;
7. (7) Remit and report, not later than the tenth day of each month, to the department all moneys collected by the clerk on behalf of the department under chapters 1-6 of this title for the titling and registration of vehicles made during the calendar month preceding the date of the report. In the case of those vehicles to be registered by the department, the clerk shall forward the application for registration in a timely manner to the department. All reports, applications, and other forms or documents required by this subdivision (a)(7) to be forwarded to the department, or any other listings pertaining to such documents that may be required by the commissioner, may be electronically scanned and forwarded to the department by electronic means;
8. (8) Account to the department for all registration plates so consigned to the clerk; and
9. (9) A county clerk shall not issue a registration for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.
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(b) Any county clerk who is delinquent as much as two (2) days in forwarding the applications for certificate of title, the original copies of the certificates of registration, transfers of registration and surrenders of registrations to the department, or as much as ten (10) days in making the report hereinabove required to be made to the department, commits a Class C misdemeanor. Each day constitutes a separate offense. If any clerk is delinquent as much as ten (10) days in making the remittance required under subdivision (a)(7), there shall be added to the amount of the remittance due a penalty of five percent (5%) of the amount, except that the commissioner shall have the authority to waive the penalty or relieve the clerk of payment of the amount of the penalty.

§ 55-6-106. Reports by department to state treasurer — Remission of moneys.

The department on or before the tenth day of each month, shall report and remit to the state treasurer all moneys so received during the preceding month by the department from the county clerks without any deduction on account of salaries, fees, costs, expenses, or claims, of any description whatsoever.

§ 55-6-107. Distribution and expenditure of funds.

(a)
1. (1) Except as otherwise provided in § 55-4-116(c), the proceeds of the taxes levied by chapter 4 of this title shall be apportioned by a distribution of ninety-eight percent (98%) thereof to the highway fund and two percent (2%) thereof to the general fund. The funding board is authorized to allocate the portions of these funds as are required to meet the annual requirements for payment of the state debt.
2. (2) Notwithstanding subdivision (a)(1), from the distribution to the highway fund the revenue shall be allocated to the general fund in an amount sufficient to fund the cost of issuing motor vehicle registration plates, this amount to be established in the annual appropriations act.
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- 55-4-701(b)
(b) The fees collected under Class (F) of § 55-4-111 shall be allocated on the basis of ninety-five percent (95%) to the county and municipality in which the collection is made and five percent (5%) to the state; provided, that all the fees plus penalties that are collected as a result of assessments and citations, or either of them, written by representatives of the department, shall be allocated to the state. Not later than the tenth day of the month following the month in which these collections are made, the county clerk shall report and remit that portion of the fees allocated to the county and municipality to the proper county and municipality fiscal officers, and that portion of the fees allocated to the state to the commissioner in the same manner as other revenues collected under chapter 4 of this title. The fees paid to the commissioner shall be apportioned in the same manner as other motor vehicle revenue under subsection (a). The distribution of the fees allocated to the county and municipality shall be as follows:
1. (1) One-half (½) of the proceeds shall be expended and distributed in the same manner as the county property tax for school purposes;
2. (2)
  1. (A) The other one-half (½) shall be as follows:
    1. (i) Fees for mobile homes or house trailers located in unincorporated areas, to the county general fund; and
    2. (ii) Fees for mobile homes or house trailers located in incorporated cities and towns, to the city or town in which the mobile home or house trailer is located;
  2. (B) However, a county and city or town may by contract provide for other distribution of the one-half (½) not allocated to school purposes.
(c) The proceeds of the three cents (3¢) or five cents (5¢) per pound overload taxes assessed under § 55-4-113 shall be apportioned by a distribution of eighty percent (80%) thereof to the highway fund and the remaining twenty percent (20%) to the general fund for the expense of administering the law.
(d) Notwithstanding any provision to the contrary, the increases in registration tax revenue generated by the Motor Carrier Funding and Tax Administration Act of 1993 shall be specifically earmarked for use only for the cost of development, implementation, maintenance, and operation of the Tennessee international fuel tax agreement (IFTA) and motor carrier system project. At the close of the fiscal year ended June 30, 1998, and at the close of each fiscal year thereafter, remaining unexpended earmarked funds, if any, shall no longer be considered earmarked for the agreement and project and shall be apportioned and distributed under subsection (a).
(e) Notwithstanding this section or any other law to the contrary, the proceeds derived under chapter 4 of this title from the increases in fees imposed by chapter 181 of the Public Acts of 2017 shall be distributed solely to the highway fund.

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§ 55-6-108. Fines and penalties — Transmittal and expenditure — Enforcement of collection.

(a) All fines, penalties and forfeitures of bonds imposed or collected under chapters 1-6 of this title shall be paid over immediately after receipt thereof to the commissioner, with an accompanying statement setting forth the action or proceedings in which these moneys were collected, the name and residence of the defendant, the nature of the offense and fines, penalty, forfeiture or sentence, if any, imposed.
(b) The commissioner is empowered, in the name of the state, to take all steps necessary to enforce the collection and prompt return of all fines, penalties and forfeitures of bonds, and the fines, penalties and forfeitures of bonds, when so collected, shall be deposited by the commissioner with the state treasurer and shall become a part of the general funds of the state.

§ 55-6-109. Transfer of registration of title acquired as a result of death of spouse.

Any other law to the contrary notwithstanding in chapters 1-6 of this title, no fee, charge, or other cost shall be charged or assessed against any person who acquires title to a motor vehicle as a result of the death of the spouse of this person, if application to transfer ownership and registration is made within one (1) year from the date of the spouse's death.

§ 55-6-110. No fee, charge or other cost to be charged or assessed against OEM headquarters company vehicle titling or registration.

Notwithstanding chapters 1-6 of this title to the contrary, no fee, charge or other cost otherwise applicable under chapters 1-6 of this title shall be charged or assessed against any OEM headquarters company in connection with the titling or registration of any OEM headquarters company vehicle.

Chapter 7 Size, Weight and Load

Part 1 General Provisions

§ 55-7-101. Operation of vehicles injurious to highways must conform to regulations.

No vehicle, truck, engine, or tractor of any kind, whether the vehicle be propelled by steam, gasoline, or otherwise, shall be permitted to operate upon any street, road, highway, or other public thoroughfare that, either by reason of its weight or the character of its wheels, will materially injure the surface or foundation of the street, road, highway, public thoroughfare, including the bridges thereon, unless and until the owner or operator of the vehicle of any kind has complied with the rules and regulations that may be prescribed by the departments of transportation and safety relating to the use of the highways by those vehicles.

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§ 55-7-102. Regulations governing equipment of wheels to protect surface and foundation of roadways.

The department of transportation is empowered to prescribe by regulations the manner in which the wheels of vehicles shall be equipped in order to protect the surface and foundation of streets, roads and highways, including bridges, on the roadways.

§ 55-7-103. Reduction of maximum weight — Notice.

(a) From January 15 to April 15 of each year, and at any other time when, by reason of repairs, weather conditions, or recent construction of the road, the maximum weight permitted would damage the road, the department of transportation may specify any lower maximum weight that, in the discretion of the department, is necessary in order to protect the streets, roads, highways, or other public thoroughfares from unnecessary injury or damage.
(b) Notice of a reduction in weight of load shall be given by the department by posters posted at the termini of the road and all detours for one (1) week before the reduction of load becomes effective.

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§ 55-7-104. Penalty for violation of preceding sections.

Anyone who drives or causes to be driven any vehicle upon any public thoroughfare in violation of §§ 55-7-101 — 55-7-103, or in violation of regulations duly issued thereunder, commits a Class C misdemeanor.

§ 55-7-105. Arrest of violators — Trial — Reduction of overload before moving vehicle — Penalty.

(a) It is the duty of any officer authorized by law to make arrests, when that officer detects any person engaged in the violation of any of the provisions of §§ 55-7-101 — 55-7-103, or regulations issued thereunder, immediately to place in custody and take the person at once before the nearest judge of the court of general sessions for trial, and it is not lawful for any person to move the vehicle overloaded in violation of §§ 55-7-101 — 55-7-103 until the load has been reduced so as to comply with the provisions or a special permit has been obtained.
(b) The failure of the driver or the owner of the vehicle promptly to comply with these provisions is a Class C misdemeanor.

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55-7-106

§ 55-7-106. Liability for damages to highways — Suit by district attorney general.

The owner of any vehicle driven upon the public thoroughfare, in violation of any of §§ 55-7-101 — 55-7-105, or regulations issued thereunder, shall also be liable in an action for damages caused to these public thoroughfares, the action to be prosecuted in the name of the state by the district attorney general of the district in which the violation occurs.

§ 55-7-107. Vehicles hauling timber, pulpwood or logs — Securing of loads.

(a) When timber, pulpwood, or logs are hauled upon a truck, tractor-trailer, or tractor-semitrailer combination, with a rated capacity of more than three-fourths (¾) of a ton, every length of timber, pulpwood, or logs shall be securely fastened with either two (2) chains rated not less than three-eighths inch (⅜″) proof coil, or two (2) wire rope cables of not less than three-eighths inch (⅜″) diameter or any combination of the minimum size chain or cable, or two (2) nylon straps equivalent in tensile strength to the minimum size chain or cable.
(b) If the length of the timber, pulpwood, or logs hauled exceeds thirty-five feet (35′), every length shall be securely fastened with three (3) chains or cables, as described in subsection (a), or a combination of chains and cables, or three (3) nylon straps equivalent in tensile strength to the minimum size chain or cable.

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55-7-108

§ 55-7-108. Log trucks — Improper fastening of load — Penalty.

Any owner, operator, or other person having control over the loading of log trucks, who hauls logs or permits the hauling of logs in violation of § 55-7-107 commits a Class C misdemeanor.

§ 55-7-109. Loose material hauled in open truck bed — Restrictions — Penalties for violations — Exceptions.

(a) Any truck, or other motor vehicle, with an open bed, that is operated on any highway, road, or street open for public use in this state, shall be loaded so that any loose material transported in truck or other motor vehicle remains at least four inches (4″) below the walls of the open bed, measured at the front, back and sidewalls; but the load may be piled higher in the center of the open bed. “Loose material” includes any substance that could spill, drop off, or blow away from the open bed when the vehicle is operated. “Loose material” does not include materials such as sand or salt that are purposely discharged from truck beds to clear roadways or improve traction, and does not include water sprayed on streets for purposes of sanitation.
(b)
1. (1) A violation of this section is a Class C misdemeanor.
2. (2) A charge for violation of this section shall be brought against the hauler whose vehicle is found in violation; however, the hauler may recoup one-half (½) of the fine from the producer or loader of the material hauled in violation of this section.
(c) As used in this section, “hauler” includes both the owner and the driver of a vehicle, and both parties shall be jointly liable. Only one (1) fine shall be imposed on a hauler, regardless of a difference between ownership and operation, and the party or parties paying the fine shall have a right of recoupment against the producer or loader either in whole or in accordance with the producer's or loader's share of payment.
(d)
1. (1) This section shall not include farm produce going to market.
2. (2) This section shall not apply to motor vehicles which transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products and that are loaded in compliance with the four-inch requirement of this section. The exemption shall not apply to any load if any law enforcement officer sees any part of this material blowing off the vehicle.

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§ 55-7-110. Front axle weight.

Whenever a vehicle is weighed by the state, a weight measurement shall also be made under just the front axle.

§ 55-7-111. Varying locations for portable scales.

Notwithstanding any other law to the contrary, the portable scales and those permanent scales not on interstate highways operated by the state shall be used at varying times and at varying locations, for the portable scales, in order to avoid the establishment of any pattern of enforcement that would encourage avoidance of the legal obligations imposed by this title.

§ 55-7-112. Rules concerning equipment and routes.

The commissioner of transportation is authorized to promulgate rules not inconsistent with federal law:
1. (1) Regulating the equipment required for vehicles as a condition to using the system of state highways to assure safety of motorists; and
2. (2) Establishing particular highways upon which commercial motor vehicles may operate.

§ 55-7-113. Identification of vehicles hauling loose material required — Exception.

Any vehicle hauling loose material, except farm produce, as defined in § 55-7-109, shall have affixed, stenciled, or painted on the rear of the vehicle a sign or placard bearing the name of the owner of the vehicle in letters at least six inches (6″) in height, clearly visible to a motorist following the vehicle, and an additional identifying number if the owner has more than one (1) such vehicle.

§ 55-7-114. Safety chains for trailers — Penalty — Exceptions.

(a) In addition to any other attachment, any trailer, semitrailer, or pole trailer operated on the highways of Tennessee shall be attached to the towing vehicle by a chain, securely attached to both vehicles, and reasonably capable of maintaining the attachment in the event of failure by any other attachment device.
(b) The responsibility for providing safety chains for trailers rented, leased, or loaned to farmers by persons customarily doing so for the haulage of farm supplies or crops shall be with the person so renting, leasing, or loaning the trailer.
(c) Failure to comply with this section shall subject the offender to a fine of fifty dollars ($50.00) on a first offense, that may be submitted by the offender to the clerk of the court that has jurisdiction of the offense in the county in which the offense charged was alleged to have been committed, in lieu of appearance in court by the offender. On second and subsequent offenses, the fine shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(d)
1. (1) This section does not apply to farm implements used in tillage, harvesting, or seeding, if the implements were not equipped at the time of manufacture with safety chains, and if the implements are being towed on state or local roads at a speed of less than twenty-five miles per hour (25 mph), except this exemption shall not apply to farm trailers.
2. (2) This section also does not apply to any motor vehicle with an attached gooseneck type trailer or semitrailer with a fifth wheel.

§ 55-7-115. Vehicles exclusively transporting seed cotton modules.

(a) Except as provided in subsection (d), a single motor vehicle used exclusively to transport seed cotton modules shall not exceed a width of one hundred eight inches (108″) when operated on any highway designated by the department of transportation, and shall not exceed a width of one hundred two inches (102″) when operated on any highway not so designated.
(b) Except as provided in subsection (d), a single motor vehicle used exclusively to transport seed cotton modules may exceed the limitation on length provided for a single vehicle by § 55-7-201, but may not exceed a length of fifty-three feet (53′).
(c) Except as provided by subsection (d), a single motor vehicle used exclusively to transport seed cotton modules may exceed the limitation on weight provided for a single vehicle, but the load on any one (1) axle may not exceed twenty thousand pounds (20,000 lbs.), the tandem axle load may not exceed thirty-eight thousand pounds (38,000 lbs.) without van-type cover, thirty-nine thousand four hundred pounds (39,400 lbs.) with van-type cover, and the overall gross weight of the vehicle or vehicles may not exceed fifty-nine thousand four hundred pounds (59,400 lbs.).
(d) A vehicle may not be operated on the national system of interstate and defense highways if it exceeds the maximum size or weight authorized by 23 U.S.C. § 127.

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§ 55-7-116. Criteria for selecting truck weigh-inspection station sites.

The department of transportation shall use the following criteria to select the site of truck weigh-inspection stations:
1. (1) Ability to intercept maximum number of trucks;
2. (2) Resistance to being bypassed by trucks;
3. (3) Proximity of services;
4. (4) Cost of construction of and right-of-way to the station;
5. (5) Avoidance of adverse alignment of the through lanes;
6. (6) Adequate spacing from interchanges and bridges;
7. (7) Effect on environment; and
8. (8) Facilitation of enforcement.

§ 55-7-117. Use of engine compression braking devices.

(a) Truck tractors and semitrailers, as defined in § 55-8-101, shall not use an engine compression braking device, unless the engine compression braking device is equipped with an operational, approved muffler.
(b) As used in this section, “approved muffler” means any muffler that complies with Federal Motor Carrier Safety Regulations on noise emissions, compiled in 49 CFR 325.1 et seq.
(c) A violation of this section is a Class C misdemeanor.
(d) Any local or municipal government may request that the department of transportation place signage within the local or municipal government's jurisdiction, to effectuate the purposes of this section within its jurisdiction. The erection of these signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices. The department of transportation shall have the authority to develop appropriate signage, sign usage, and manufacture and installation guidelines regarding the signs. The local or municipal government shall remit to the department of transportation the cost of the manufacture and installation of the signs. The payment shall be made prior to any expenditure by the state for the manufacture or installation of the signs. The department shall return any unused portion of the estimated cost to the local or municipal government paying for the signs within thirty (30) days of the erection of the signs. If the local cost exceeds the estimated cost, an amount equal to the difference in such costs shall be remitted to the department within thirty (30) days of the local or municipal government receiving an itemized invoice of the actual cost from the department.
(e) The commissioner of transportation is authorized to promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 55-7-118. Use of state funds to enforce electronic logging regulations prohibited.

No state funds shall be expended to enforce electronic logging regulations against any motor vehicle transporting nonhazardous materials for farm purposes that does not travel outside the boundaries of the state.

§ 55-7-119. Sergeant Chris Jenkins Law — Safe transport of ladders on public roadways.

(a) This section is known and may be cited as the “Sergeant Chris Jenkins Law.”
(b) A person who operates a motor vehicle upon a public roadway while transporting a ladder on the motor vehicle or in an open bed or trailer commits an offense if the ladder falls onto the roadway and causes or contributes to a motor vehicle accident.
(c) This section does not alter or amend any requirements in § 65-15-111 pertaining to additional requirements for commercial motor vehicles.
(d) A violation of this section is a Class C misdemeanor, except, that if death or bodily injury results from the motor vehicle accident, then a violation of this section is a Class A misdemeanor.

Part 2 Weight and Length Specifications

§ 55-7-201. Maximum length of vehicles.

(a) For purposes of this section, “truck tractor” means the noncargo carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
(b) No motor vehicle as defined in § 55-1-103 consisting of a straight truck whose length, including any part of its body or load, exceeds forty-five feet (45′) and no straight truck with trailer attached, the total length of which combination, including any part of the body or load, exceeds sixty-five feet (65′) shall be operated on any highway.
(c) Motor vehicles consisting of a truck-tractor and semitrailer or trailer combination shall be permitted to operate over the federal and state highway system; provided, that the towed vehicle shall not exceed fifty-two feet (52′) in length from the point of attachment to the tractor. If the towed vehicle exceeds forty-eight feet (48′) in length from the point of attachment to the tractor and the load on the vehicle does not consist of livestock, motor vehicle parts, or motor vehicles, or any combination of such items, the distance between the kingpin and a point midway between the two (2) rear axles shall not exceed forty-one feet (41′). The distance between the kingpin and the rearmost axle, if the axles are not a tandem axle, shall not exceed forty-four feet (44′) .
1 Backlink
- 55-7-206(f)
(d) Motor vehicles consisting of a truck-tractor and twin trailer combination shall be permitted to operate on the national network of highways, including interstate highways and the additional highways identified in 23 CFR Part 658, Appendix A; provided, that neither of the towed vehicles shall exceed twenty-eight feet six inches (28′ 6″) in length.
(e) No twin trailer truck authorized by this chapter shall be operated on any highway designated as a scenic highway under the authority of title 54, chapter 17. The national network of highways, including interstate highways and the additional highways identified in 23 CFR Part 658, Appendix A, shall not be considered scenic routes for purposes of this chapter.
(f) The limitation as to length stated in this section shall not apply to loads of poles, logs or timber in single length pieces; provided, that no motor vehicle, including any part of the body or load, transporting such material shall be in excess of seventy-five feet (75′) in length unless a permit has first been obtained as authorized in § 55-7-205.
(g) The length limitations described in this section shall be exclusive of safety and energy conservation devices designated by the commissioner except that no device excluded from the limitations of this section shall have by its design or use the capability to carry cargo.
(h) It is not a violation of the length limits set forth in this section when any otherwise properly titled and registered vehicle, which is in compliance with applicable length requirements, is disabled on the highways and requires a tow or other assistance in proceeding to an exit or a repair or terminal facility within one hundred (100) miles of the point where the vehicle became disabled, and the combined lengths of the disabled vehicle and the tow vehicle exceed the limits in this section. This exemption shall only apply to vehicles disabled while operating on the highway, and only when authorized by the owner, terminal manager, owner's agent, or law enforcement official.
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- 55-7-205(n)(5)(B)(i)
(i)
1. (1) Notwithstanding any other maximum vehicle length provision of this section, a stinger-steered automobile transporter with a front overhang of less than four feet (4′) and a rear overhang of less than six feet (6′) shall be permitted to operate on the national network of highways, including interstate highways and the additional highways identified in 23 CFR Part 658, Appendix A, up to a maximum vehicle length of eighty feet (80′).
2. (2) For purposes of this subsection (i), a “stinger-steered automobile transporter” means an automobile transporter, which is a vehicle combination designed and used specifically for the transport of assembled automobiles, that has a fifth wheel located on a drop frame behind and below the rear-most axle of the power unit.
(j)
1. (1) Notwithstanding any other maximum vehicle length provision of this section, a towaway trailer transporter combination shall be permitted to operate on the national network of highways, including interstate highways and the additional highways identified in 23 CFR Part 658, Appendix A, up to a maximum vehicle length of eighty-two feet (82′).
2. (2) For purposes of this subsection (j), a “towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers in which:
  1. (A) The total weight does not exceed twenty-six thousand pounds (26,000 lbs.); and
  2. (B) The trailers or semitrailers carry no property and constitute inventory of a manufacturer, distributor, or dealer of such trailers or semitrailers.
(k) This section shall be enforced in accordance with all applicable provisions of federal law regarding the operation of vehicles on the national network of highways, including interstate highways and the additional highways identified in 23 CFR Part 658, Appendix A.

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§ 55-7-202. Maximum width and height.

(a)
1. (1) No motor vehicle as defined in § 55-1-103 or any trailer or semitrailer, whose width, including any part of the load, exceeds eight feet (8′) (that is, four feet (4′) on each side of the center line of the vehicle), or whose height, including any part of the load, exceeds thirteen and one-half feet (13 ½′), shall be operated on any highway; provided, that this section shall not apply to farm tractors or farm machinery temporarily moving on any highway.
2. (2) Subdivision (a)(1) relating to maximum width restrictions on trailers and semitrailers shall not apply to a trailer or semitrailer utilized for transporting seed cotton or rolled hay bales; provided, that the width of any such trailer or semitrailer, including any part of the load, shall not exceed ten feet (10′) (that is five feet (5′) on each side of the center line of the trailer, or semitrailer), and such movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin, and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility or other federal-aid highway designated by the commissioner of transportation.
3. (3) In the event federal law and regulations permit the operation of passenger buses of widths in excess of eight feet (8′) on the national systems of interstate and defense highways, then there may be operated on highways with four (4) or more lanes, and such other highways as are designated and approved by the commissioner within the state, passenger buses, the width of which do not exceed eight feet six inches (8′ 6″), or such width, not exceeding eight feet six inches (8′ 6″), as is permitted under the federal rules and regulations.
4. (4) It is not a violation of this part to transport a houseboat eighteen feet (18′) in width, or less, on the highways, but any houseboat in excess of eight feet (8′) shall be subject to the fees provided in § 55-7-205.
(b) The approval of the commissioner for buses in excess of eight feet (8′) to operate on streets and roads shall be inoperative unless approved by the legislative body of any city with a population of one hundred seventy thousand (170,000) to two hundred fifty thousand (250,000), according to the 1970 federal census.
(c) Motor vehicles not exceeding eight feet six inches (8′ 6″) in width are permitted to operate over the interstate system and other federal-aid highways designated by the commissioner. Incidental appurtenances and retracted awnings, where the width does not exceed six inches (6″), and safety devices, as designated by the commissioner, shall be excluded from the measurement of width and the provisions contained in § 55-7-205. Within the limitations as provided in this chapter, any such vehicles may use and must confine themselves to the shortest reasonable route to and from the interstate system, other designated highways, and terminals; or, in the case of household goods carriers, to and from points of loading and unloading. Access to facilities in interchange areas adjoining these highways for food, fuel, repairs and rest shall not be denied.
(d) Notwithstanding the limitations in subsection (a), a motor vehicle, as defined in § 55-1-103, or a trailer or semitrailer, whose width, including any part of the load, does not exceed eight feet six inches (8′ 6″) (that is, four feet three inches (4′ 3″) on each side of the center line of the vehicle), and whose height, including any part of the load does not exceed thirteen feet six inches (13′ 6″), may be operated on the federal and state highway system. Any such vehicles may use and must confine themselves to the shortest reasonable route to and from the federal and state highway system, and terminals; or, in the case of household goods carriers, to and from points of loading and unloading. Access to facilities in interchange areas adjoining these highways for food, fuel, repairs and rest shall not be denied.
(e)
1. (1) Notwithstanding the limitations set forth in subsection (a), between one (1) minute past midnight (12:01 a.m.) on the first Friday in March and eleven fifty-nine p.m. (11:59 p.m.) on the first Sunday in November each year, a motor vehicle carrying rafts or rafting apparatus used by an operator for commercial whitewater rafting purposes, when the driver of such motor vehicle possesses written documentation from the department of revenue that such operator is in compliance with the policy of liability insurance provisions in § 65-15-110(b), and having a height, including any part of the load, that exceeds thirteen feet (13′) but does not exceed seventeen and one-half feet (17 ½′) may operate on the following state highway segments:
  1. (A) State Route 40 (United States Highway 64) in Polk County between State Route 33 (United States Highway 411) east of Cleveland and State Route 68 in Ducktown (Ocoee River); and
  2. (B) Interstate 40 in Cocke County between the Foothills Parkway and the Tennessee-North Carolina border (Pigeon River);
  3. and within five (5) miles of such highway segments upon any additional public road as necessary to travel to and from such operator's place of business to such highway or to and from such highway to such operator's river access point, so long as the load is secured and the vehicle is operated in a safe manner at all times.
2. (2) Nothing in this section shall be construed to require the department of transportation or any other entity to design, construct, or maintain overhead structures on or along such highways or public roads with a clearance in excess of thirteen feet (13′) or any otherwise applicable design standard.
(f) This section shall be enforced in accordance with all applicable provisions of federal law regarding the operation of vehicles on the national network of highways, including interstate highways and the additional highways identified in 23 CFR Part 658, Appendix A.

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§ 55-7-203. Maximum weight per axle or group of axles allowed — Exemptions for heavy-duty tow and recovery and emergency fire suppression vehicles.

(a) Except as otherwise provided by law, no freight motor vehicle shall be operated over, on, or upon the public highways of this state where the total weight on a single axle or any group of axles exceeds the weight limitations set forth in subdivisions (b)(1)-(7).
(b)
1. (1)
  1. (A) No axle shall carry a load in excess of twenty thousand pounds (20,000 lbs.).
  2. (B) Axle combinations and fifth wheel placement on the tractor shall ensure equal weight distribution on weight carrying axle combinations, and the axle combinations shall be equipped with brakes having power motivation.
  3. (C) An axle load as set out herein is defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes, not more than forty inches (40″) apart, extending across the full width of the vehicle.
2. (2) The total gross weight concentrated on the highway surface from any tandem axle group shall not exceed thirty-four thousand pounds (34,000 lbs.) for each tandem axle group. “Tandem axle group” means two (2) or more axles spaced more than forty inches (40″) and not more than ninety-six inches (96″) apart from center to center having at least one (1) common point of weight suspension.
3. (3) The total gross weight of a vehicle, freight motor vehicle, truck-tractor, trailer or semitrailer or combinations of these vehicles operated over, on or upon the public highways of this state shall not exceed eighty thousand pounds (80,000 lbs.); provided, that when operating over or on the interstate system of this state the total gross weight shall not exceed the lesser of eighty thousand pounds (80,000 lbs.) or the weight produced by application of the following formula:
  2. Where W = overall gross weight on any group of two (2) or more consecutive axles to the nearest five hundred pounds (500 lbs.), L = distance in feet between the extreme of any group of two (2) or more consecutive axles, and N = number of axles in group under consideration, except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds (34,000 lbs.) each, where the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet (36′) or more, except such vehicles, or combinations thereof operating under special permits now authorized by law; provided, that wherever a maximum permissive gross weight of eighty thousand pounds (80,000 lbs.) or of lengths prescribed in § 55-7-201 or a height of thirteen and one-half feet (13 ½′) is authorized for any vehicle or combination of vehicles, it is the legislative intent that the prescribed weight, length, and height limits shall be strictly enforced, and it is unlawful for any state, county, or municipal officer to allow or permit any additional weight, length or height by way of tolerance or otherwise, except that the commissioner of transportation may issue special permits pursuant to § 55-7-205.
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  - 55-7-205(b)(1)
  - 55-7-206(d)(1)
4. (4) “Freight motor vehicle,” as used in this section, includes both the tractor or truck and the trailer, semitrailer or trailers, if any, and the weight of any combination shall not exceed the maximum fixed herein; provided, that no freight motor vehicle with motive power shall haul more than one (1) vehicle unless otherwise provided.
5. (5) No freight motor vehicle shall haul a trailer on any highway of this state when the trailer (including its load) weighs more than three thousand five hundred pounds (3,500 lbs.). The restrictions on hauling a trailer in excess weight of three thousand five hundred pounds (3,500 lbs.) by a freight motor vehicle, as described in the preceding sentence, shall not be applicable whenever a converter dolly or equivalent fixed connection having the same safety characteristics is appropriately installed or placed under the trailer to be hauled by this freight motor vehicle. For the purposes of this subdivision (b)(5), “trailer” means a vehicle without motive power designed or used for carrying freight or property wholly on its own structure; provided, that it is not unlawful for any motor vehicle subject to this part to have a semitrailer, which, for the purposes hereof, is defined as a vehicle for the carrying of property or freight and so designed that some part of the weight of the semitrailer or its load rests upon or is carried by the motor vehicle to which it is attached. The hauling of a trailer (to the extent herein permitted) or a semitrailer shall be subject to the further provisions hereof. This part is not intended to prohibit the movements of spools carrying wire or cable, when used for construction or repair purposes. The weight limitation respecting trailers shall not be applicable to implements designed to distribute fertilizer while such vehicles are being drawn by a freight motor vehicle between the plant and the farm.
6. (6) If the gross weight of a freight motor vehicle does not exceed the sum obtained by computing the total weight allowable for the number and type of its axles, the driver shall not be cited for violation of an axle weight limitation while transporting crushed stone, fill dirt and rock, soil, bulk sand, coal, clay, shale, phosphate muck, asphalt, concrete, other building materials, solid waste, tankage or animal residues, livestock and agricultural products, or agricultural limestone over the state highway system other than the portion designated as the interstate system.
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  - 47-26-812
  - 55-4-113(a)(7)(E)
7. (7) For purposes of enforcement of this section, weight restrictions shall be deemed to have a margin of error of ten percent (10%) of the true gross or axle weight for all logging, sand, coal, clay, shale, phosphate, solid waste, recovered materials, farm trucks and machinery trucks when being operated over the state highway system other than the portion designated as the interstate system. For the purposes of this subdivision (b)(7):
  1. (A) “Clay truck” means those trucks used for hauling clay from the place of extraction to the place where the clay is used or processed;
  2. (B) “Coal truck” means those trucks used for hauling coal and coal products;
  3. (C) “Farm truck” means those trucks utilized by farmers to load grain, fiber, produce, livestock, milk or other agricultural products produced on their farms and to transport the agricultural commodities to their respective markets. The trucks include farm to market transportation when the truck is operated by the farmer, the farmer's family or employee or a representative hired by the farmer to haul the commodity;
  4. (D) “Logging truck” means those trucks used for hauling logs, pulpwood, bark, wood chips or wood dust from the woods to the mill or from the mill to a loading or storage place or market;
  5. (E) “Machinery truck” means those trucks used for hauling machinery by the owner/operator within a one hundred (100) mile radius of the base location of the owner/operator's area of operation, subject to the limitation of one (1) truck per owner/operator;
  6. (F) “Phosphate truck” means those trucks used for hauling phosphate, phosphate products, or other raw materials used in the manufacture of phosphorus;
  7. (G) “Recovered materials truck” means those trucks used for hauling recovered materials, as defined in § 68-211-802, but only while those materials are being hauled from the point of generation to the facility where they will be processed for subsequent shipment to an end-user;
  8. (H) “Sand truck” means those trucks used for hauling raw sand from the place of extraction to the place where the sand is used or processed; provided, that if the commissioner of transportation is formally notified by an appropriate federal officer that as a result of any provision of Acts 1989, ch. 349, adding sand trucks to this subdivision (b)(7) that Tennessee will lose federal funds, then such act shall be void and inoperative;
  9. (I) “Shale truck” means those trucks used for hauling shale from the place of extraction to the place where the shale is used or processed; and
  10. (J) “Solid waste truck” means those trucks used for hauling solid waste, as defined in § 68-211-802, but only while the solid waste is being collected and being hauled from the place or places of collection to a landfill or disposal facility.
8. (8) Notwithstanding the maximum weight provisions of this section, in order to promote the reduction of fuel use and emissions, the maximum gross vehicle weight limits and axle weight limits for any motor vehicle subject to subdivision (b)(3) and equipped with idle-reduction technology or other emissions-reduction technology shall be increased by the weight of the idle-reduction technology or emissions-reduction technology; provided, that such weight is not more than five hundred fifty pounds (550 lbs.) or the maximum amount allowed by federal law, whichever is greater. At the request of an authorized representative of the department of safety, the motor vehicle operator shall provide proof by means of documentation or by a physical inspection that the vehicle is equipped with such idle-reduction technology or other emissions-reduction technology.
9. (9)
  1. (A) To the extent required by federal law, a vehicle operated by an engine fueled primarily by natural gas or powered primarily by means of electric battery power may exceed any vehicle weight limit under this section, up to a maximum gross vehicle weight of eighty-two thousand pounds (82,000 lbs.), by an amount that is equal to the difference between:
    1. (i) The weight of the vehicle attributable to:
      1. (a) The electric batteries used to power the vehicle; or
      2. (b) The natural gas tank and fueling system carried by that vehicle; and
    2. (ii) The weight of a comparable diesel tank and fueling system.
  2. (B) Subdivision (b)(9)(A) applies only when a vehicle is operating on the interstate highway system or within terminals and facilities for food, fuel, repairs, and rest with reasonable access to and from the interstate highway system.
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- 55-7-205(n)(1)
- 55-7-205(n)(5)
(c) For nondivisible overweight loads exceeding the maximum gross vehicle weight established in this section, the commissioner may issue a special permit in accordance with § 55-7-205 allowing axle weights in excess of the axle weight limits established in subsection (b) as follows:
1. (1) The maximum width of the vehicle, including the truck and semi-trailer or trailer combination, shall not exceed ten feet (10′); provided, however, that the load may exceed ten feet (10′) in width if properly permitted;
2. (2) No single axle shall carry a load in excess of twenty-three thousand pounds (23,000 lbs.);
3. (3) No tandem axle group shall carry a load in excess of forty-six thousand pounds (46,000 lbs.); and
4. (4) No axle group of three (3) axles (tridem) shall carry a load in excess of sixty thousand pounds (60,000 lbs.).
(d)
1. (1) To the extent required by federal law, the vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle operating on the interstate highway system and within reasonable access to and from the interstate highway system to terminals and facilities for food, fuel, repairs, and rest.
2. (2) As used in this subsection (d), “heavy-duty tow and recovery vehicle” means a vehicle that:
  1. (A) Is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and
  2. (B) Has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
(e)
1. (1) To the extent required by federal law, the vehicle weight limitations otherwise set forth in this section do not apply to an emergency fire suppression vehicle operating on the interstate highway system and within reasonable access to and from the interstate highway system to terminals and facilities for food, fuel, repairs, and rest. The following vehicle weight limitations shall apply instead:
  1. (A) A maximum gross vehicle weight of eighty-six thousand pounds (86,000 lbs.);
  2. (B) Twenty-four thousand pounds (24,000 lbs.) on a single steering axle;
  3. (C) Thirty-three thousand five hundred pounds (33,500 lbs.) on a single drive axle;
  4. (D) Sixty-two thousand pounds (62,000 lbs.) on a tandem axle; and
  5. (E) Fifty-two thousand pounds (52,000 lbs.) on a tandem rear drive steer axle.
2. (2) As used in this subsection (e), “emergency fire suppression vehicle” means a vehicle designed to be used under emergency conditions:
  1. (A) To transport personnel and equipment; and
  2. (B) To support the suppression of fires and mitigation of other hazardous situations.
(f) This section shall be enforced in accordance with all applicable provisions of federal law regarding the operation of vehicles.

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§ 55-7-204. Buses — Length limitations — Trailers on school buses prohibited.

(a) A bus with a length of not more than forty-five feet (45′) may be operated on a highway of this state.
(b)
1. (1) No bus with a trailer attached, the total length of which combination, including any part of the body or load, exceeds sixty-five feet (65′) shall be operated on any highway.
2. (2) No school bus as defined in § 55-8-101 transporting children to or from school or for extracurricular activities shall be operated on any highway with a trailer attached.

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§ 55-7-205. Permits for moving vehicles of excess weight or size — Permits for towing vehicles of excess weight, height, length, or width.

(a)
1. (1) The commissioner of transportation has the authority to grant special permits for the movements of freight motor vehicles carrying gross weights in excess of the gross weights set forth in § 55-7-203, or dimensions in excess of the dimensions set forth in §§ 55-7-201 and 55-7-202, and shall charge a fee in accordance with the fee schedules contained in subsection (h) for the issuance of a permit for each movement.
2. (2) The fee provisions shall not apply to farm tractors or farm machinery moving on any highway.
3. (3) It is not necessary to obtain a permit, nor is it unlawful to move any vehicle or machinery in excess of the maximum width and height prescribed in § 55-7-202, used for normal farm purposes only where the vehicle or machinery is hauled on a farm truck as defined in § 55-1-119, or the vehicle or machinery is being transported by a farm machinery equipment dealer or repair person in making a delivery of new or used equipment or machinery to the farm of the purchaser, or in making a pickup and delivery of the farm machinery or equipment from the farm to a shop of a farm equipment dealer or repair person for repairs and return to the farm, and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin, and no part of such movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.
4. (4) It is not necessary to obtain a permit nor is it unlawful to move any trailer or semitrailer utilized for transporting rolled hay bales; provided, that the width of the trailer or semitrailer, including any part of the load, does not exceed ten feet (10′) (that is five feet (5′) on each side of the centerline of the trailer or semitrailer), and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility or other federal-aid highway designated by the commissioner.
5. (5) No fee authorized by this section shall be charged for the issuance or renewal of such special permits to any retail electric service owned by a municipality or electric cooperative corporation, or to any telephone company or to contractors when they are moving utility poles doing work for such utilities.
6. (6) Upon compliance with the appropriate rules and regulations, such electric services, telephone companies, and their contractors, when they are moving utility poles, may be issued special permits for stated periods not exceeding one (1) year.
7. (7) All fees received shall be paid into the state treasury and placed in the highway fund for the administration of this section.
8. (8)
  1. (A) The commissioner has the authority to reduce the maximum gross weight of freight motor vehicles operating over lateral highways and secondary roads where, through weakness of structure in either the surface of or the bridges over the lateral highways or secondary roads, the maximum loads provided by law, in the opinion of the commissioner, injure or damage the roads or bridges.
  2. (B) The county legislative body shall have the same authority as to county roads; provided, however, that any proposed reduction below the weight limits set by the commissioner pursuant to this section shall require a two-thirds (⅔) vote of the county legislative body and shall be based upon the same criteria as used by the commissioner.
  3. (C) To the extent there is a conflict between this subdivision (a)(8) and any other general law or a private act, this subdivision (a)(8) shall govern.
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  - 54-10-216(e)
(b)
1. (1) The commissioner has the authority to grant a special permit with a duration of one (1) year for the movement of a single motor vehicle, that does not exceed the length limitation set forth in § 55-7-115 and the weight limitations set forth in § 55-7-203(b)(3), that has a width greater than one hundred two inches (102″) but not exceeding one hundred eight inches (108″), and that is used exclusively to transport seed cotton modules.
2. (2) This special permit will allow the vehicle to travel upon the interstate system of highways and other federal-aid highways designated by the commissioner.
3. (3) The cost of this special annual permit shall be one hundred dollars ($100).
4. (4) Solely during the harvest season for cotton, the movement of the vehicle operating under a special annual permit shall be unrestricted with respect to day of the week, time or holiday observation. At other times, the movement of the vehicle shall be subject to the rules and regulations which the commissioner has prescribed pursuant to subsection (e).
(c) The commissioner shall, at each bridge and on each lateral highway or secondary road, post signs indicating the maximum gross weight permitted thereon, and it is unlawful to operate any freight motor vehicles thereon with a gross weight in excess of the posted weight limit, and any person violating the rules and regulations of the commissioner upon the secondary or lateral roads commits a Class A misdemeanor.
(d) The commissioner of safety shall, with the approval of the governor, provide means and prescribe rules and regulations governing the weighing of freight motor vehicles, which rules and regulations may make allowances for differentials in weight due to weather conditions.
(e)
1. (1) The commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of these special permits for stated periods not exceeding one (1) year, for the transportation of such oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise, and for the operation of such superheavy or overweight vehicles, motor trucks, semitrailers and trailers, whose gross weight, including load, height, width, or length, may exceed the limits prescribed herein or which in other respects fail to comply with the requirements of this code, as may be reasonably necessary for the transportation of these oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise.
2. (2) For purposes of this subsection (e), a vehicle transporting fluid milk products shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise.
(f) Permits shall be issued and may be renewed only upon the terms and conditions, in the interest of public safety and the preservation of the highways, as are prescribed in general rules and regulations promulgated by the orders of the commissioner.
(g) Rules and regulations so prescribed by the commissioner may require, as a condition of the issuance of these permits, that an applicant shall agree to and give bond with surety (unless an applicant shall by sworn statement furnish satisfactory proof of the applicant's own solvency to the authority issuing the permit) to indemnify the state and/or counties thereof, against damages to roads, or bridges, resulting from the use thereof by the applicant. Each permit and bond, if the commissioner so authorizes, may cover more than one (1) vehicle operated by the same applicant. The operation of vehicles, motor trucks, tractors, semitrailers or trailers in accordance with the terms of any such permit shall not constitute a violation of this part; provided, that the operator thereof shall have a permit, or a copy thereof, authenticated as the commissioner may require, in the operator's possession. The operation of any vehicle, motor truck, semitrailer or trailer, in violation of the terms of the permit, constitutes a violation of law punishable under § 55-7-206.
(h) The commissioner shall charge fees for granting special permits for the movements described in subsection (a) in accordance with the following schedules:
1. (1) Excessive width:
  1. (A) Not more than fourteen feet (14′), twenty dollars ($20.00);
  2. (B) Over fourteen feet (14′) but not more than sixteen feet (16′), thirty dollars ($30.00);
  3. (C) Except as provided in subdivision (h)(1)(D), over sixteen feet (16′), thirty dollars ($30.00), plus five dollars ($5.00) for each additional foot or fraction thereof greater than sixteen feet (16′);
  4. (D)
    1. (i) For houseboats:
      1. (a) Over sixteen feet (16′) but not more than eighteen feet (18′), five hundred dollars ($500);
      2. (b) Over eighteen feet (18′) but not more than twenty feet (20′), seven hundred fifty dollars ($750); and
      3. (c) Over twenty feet (20′), one thousand dollars ($1,000); and
    2. (ii) All permits issued by the department pursuant to subdivision (h)(1)(D)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(D)(i) for movements on Tuesday, Wednesday, or Thursday;
2. (2) Excessive height or length:
  1. Twenty dollars ($20.00);
3. (3) Excessive weight:
  1. Twenty dollars ($20.00) plus six cents (6¢) per ton-mile;
4. (4) Evaluation of bridges and similar structures. The department shall, as it deems necessary, evaluate the capacity of bridges or similar structures to carry the proposed movement of an overweight or overdimensional load along a particular route, and the department shall charge the requestor for this evaluation each time a different route is proposed, as follows:
  1. (A) Movements weighing over one hundred sixty-five thousand pounds (165,000 lbs.) but not more than two hundred fifty thousand pounds (250,000 lbs.), one hundred dollars ($100);
  2. (B) Movements weighing over two hundred fifty thousand pounds (250,000 lbs.) but not more than five hundred thousand pounds (500,000 lbs.), three hundred dollars ($300); and
  3. (C) Movements weighing over five hundred thousand pounds (500,000 lbs.), actual cost;
5. (5) A permit shall be available from the department of transportation on an annual basis for each specific vehicle to be used for transporting overdimensional or overweight loads, or both, except for those vehicles specifically permitted and used to transport cotton seed modules as provided in subsection (b), overdimensional boats used for noncommercial purposes as provided in subdivision (h)(6), mobile homes as provided in § 55-4-406, and towing vehicles used to transport wrecked, disabled, or abandoned vehicles under a towing permit as provided in subdivision (n)(5), as follows:
  1. (A) For vehicles transporting loads up to but not exceeding thirteen feet ten inches (13′10″) in height, ninety feet (90′) in length, or twelve feet six inches (12′6″) in width, one hundred dollars ($100); provided, however, that vehicles transporting loads up to but not exceeding thirteen feet six inches (13′6″) in width may obtain an annual permit upon the condition that such overwidth movements shall be accompanied by an escort vehicle as required in the rules and regulations promulgated by the commissioner in accordance with this section;
  2. (B) For vehicles transporting loads with excess weights up to but not exceeding one hundred thousand pounds (100,000 lbs.), seven hundred fifty dollars ($750);
  3. (C) For vehicles transporting loads with excess weights over one hundred thousand pounds (100,000 lbs.) but not exceeding one hundred twenty thousand pounds (120,000 lbs.), one thousand five hundred dollars ($1,500);
  4. (D) For vehicles transporting loads with excess weights over one hundred twenty thousand pounds (120,000 lbs.) but not exceeding one hundred forty thousand pounds (140,000 lbs.), two thousand two hundred fifty dollars ($2,250);
  5. (E) For vehicles transporting loads with excess weights over one hundred forty thousand pounds (140,000 lbs.) but not exceeding one hundred fifty-five thousand pounds (155,000 lbs.), three thousand dollars ($3,000);
  6. (F) For vehicles transporting loads over one hundred fifty-five thousand pounds (155,000 lbs.) but not exceeding one hundred sixty-five thousand pounds (165,000 lbs.), three thousand five hundred dollars ($3,500);
  7. (G) Vehicles transporting loads that are both overdimensional and overweight shall be charged a separate annual fee for both overdimensional loads and overweight loads as provided in subdivisions (h)(5)(A)-(F);
  8. (H) No annual permit shall be available for any vehicle transporting loads with weights exceeding one hundred sixty-five thousand pounds (165,000 lbs.) or dimensions exceeding thirteen feet ten inches (13′10″) in height, ninety feet (90′) in length, or thirteen feet six inches (13′6″) in width, and any such vehicle shall be required to obtain a special permit for the fee or fees otherwise established in subdivisions (h)(1)-(4) for a vehicle movement with excessive width, height, length, or weight; provided, however, that a vehicle holding an annual permit for excessive weight under subdivisions (h)(5)(B)-(F) may supplement that annual permit by obtaining a single trip permit allowing for the movement of a load with excessive width, height, or length not previously covered by an annual permit under this subdivision (h)(5); and
  9. (I) Notwithstanding any vehicle movement authorized under an annual permit as provided in this subdivision (h)(5), no such vehicle shall be authorized to exceed any vehicle weight limit or limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway; and
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  - 55-4-126(a)
6. (6) A permit shall be available from the department on an annual basis for individual owners of overdimensional boats used strictly for noncommercial pleasure purposes for double the amount of the regular fee described in subdivisions (h)(1) and (2).
(i) The authority issuing the permits has the right to revoke the permits at any time in the event that in the use of the permit the holder of a permit abuses the privilege given thereby, or otherwise makes wrongful use of the permit. The authorized county authorities (as well as the commissioner) may issue permits, but always consistently with rules and regulations, prescribed by the commissioner, for movements over any and all roads, except city streets, within the limits of the county for which they are acting.
(j) A violation of a material provision of a special permit shall render it void.
(k) Any statute, resolution or ordinance to the contrary notwithstanding, the authority of any county or city agency to issue permits is limited with respect to maximums for weight and dimensions to the maximums therefor approved by the commissioner.
(l)
1. (1) Except as otherwise specifically set forth in this section, a special permit issued for movements of an overweight or overdimensional motor vehicle pursuant to subsection (a) shall allow for continuous movement twenty-four (24) hours a day, seven (7) days a week, and shall be valid for ten (10) calendar days for each single trip, except as provided in subdivision (l)(2).
2. (2) A special permit issued by the commissioner for movements described in subsection (a):
  1. (A) Shall not allow movement of vehicles exceeding twelve feet six inches (12′6″) in width, fifteen feet (15′) in height, or ninety feet (90′) in length on the interstate system of highways between the hours of seven o'clock a.m. (7:00 a.m.) to nine o'clock a.m. (9:00 a.m.) and four o'clock p.m. (4:00 p.m.) to six o'clock p.m. (6:00 p.m.) from Monday through Friday in counties having a population exceeding two hundred fifty thousand (250,000), according to the 2010 federal census or any subsequent federal census;
  2. (B) May be subject to restrictions on movements during periods of heavy traffic volume associated with certain holidays, as follows:
    1. (i) Easter: After six o'clock p.m. (6:00 p.m.) on the Thursday preceding Good Friday through and including Easter Sunday;
    2. (ii) Memorial Day: After twelve o'clock (12:00) noon on the preceding Friday through Memorial Day;
    3. (iii) Independence Day: July 3 and July 4; provided, that if July 4 is a Friday, Saturday, Monday, or Tuesday, the weekend day or days immediately following or preceding July 4, as applicable, may also be restricted;
    4. (iv) Labor Day: After twelve o'clock (12:00) noon on the preceding Friday through Labor Day;
    5. (v) Thanksgiving: After twelve o'clock (12:00) noon on the Wednesday before Thanksgiving through Sunday following Thanksgiving; and
    6. (vi) Christmas/New Year's Day: December 24 through January 1; provided, that if December 24 is a Sunday or Monday, the weekend day or days immediately preceding December 24 may also be restricted; provided further, that if January 1 is a Friday or Saturday, the weekend day or days immediately following January 1 may also be restricted;
  3. (C) May be subject to route restrictions based on conditions of the roadway or bridges and the weight or dimensions of the load;
  4. (D) May be subject to restrictions on time of movement during inclement weather or weather-related emergencies when conditions prevail that could make movement unsafe; and
  5. (E) For super heavy or extra-overdimensional loads exceeding one hundred sixty-five thousand pounds (165,000 lbs.), sixteen feet (16′) in width, or fifteen feet six inches (15′6″) in height, the time of movement may be restricted based on conditions of the road, traffic volumes, or other conditions affecting public safety and convenience as the commissioner may determine.
3. (3) This subsection (l) does not apply to special permits issued for movements of:
  1. (A) Mobile homes as defined in § 55-4-402;
  2. (B) Site-built houses;
  3. (C) Houseboats; or
  4. (D) Towing vehicles engaged in emergency towing movements in accordance with subsection (n).
(m) For any motor vehicle issued a special permit pursuant to subsection (a) that has a truck-tractor and semitrailer combination carrying a load in excess of width or length limitations, the load shall be marked as follows for movements between one-half (½) hour after sunset to one-half (½) hour before sunrise:
1. (1) On each side of the projecting load, one (1) red side marker lamp, visible from the side, located so as to indicate maximum overhang; and
2. (2) On the rear of the projecting load:
  1. (A) Two (2) red lamps, visible from the rear, one (1) at each side; and
  2. (B) Two (2) red reflectors, visible from the rear, one (1) at each side, located so as to indicate maximum width.
(n)
1. (1) Notwithstanding this section to the contrary, the commissioner of transportation is authorized to issue a special permit allowing a towing vehicle to transport wrecked, disabled, or abandoned vehicles on the state highway system, including the interstate highway system, when the towing vehicle, or the towing vehicle and towed vehicle in combination, exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b), the maximum vehicle height or width allowed under § 55-7-202, or the maximum vehicle lengths allowed under § 55-7-201.
2. (2) For purposes of this subsection (n):
  1. (A) “Emergency towing movement” means the towing of a wrecked, disabled, or abandoned vehicle from a location within or adjacent to the traffic lanes or shoulders of a highway to the nearest exit or repair or terminal facility within one hundred (100) miles from the location of the wreck, disablement, or abandonment along the highway;
  2. (B) “Secondary towing movement” means any towing movement other than an emergency towing movement; and
  3. (C) “Towing vehicle” means a vehicle used to tow wrecked, disabled, or abandoned vehicles.
3. (3) When transporting a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise.
4. (4) No towing vehicle or combination of towing vehicle and towed vehicle shall be authorized to exceed any total gross vehicle weight limits or axle weight limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway.
5. (5) The commissioner may issue a single trip permit or an annual permit for the movement of a towing vehicle that by itself or in combination with a towed vehicle exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b), the maximum vehicle height or width allowed under § 55-7-202, or the maximum vehicle lengths allowed under § 55-7-201, subject to the following conditions:
  1. (A) When not towing a wrecked, disabled, or abandoned vehicle, the towing vehicle shall not exceed thirteen feet six inches (13′6″) in height, nine feet (9′) in width, or forty-five feet (45′) in length. The maximum gross vehicle weight of the towing vehicle shall not exceed eighty-five thousand pounds (85,000 lbs.). The total weight on any single axle shall not exceed twenty-three thousand pounds (23,000 lbs.); the total weight on any tandem axle group shall not exceed forty-six thousand pounds (46,000 lbs.); and the total weight on any tridem axle group shall not exceed sixty thousand pounds (60,000 lbs.);
  2. (B)
    1. (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall not exceed thirteen feet ten inches (13′10″) in height; twelve feet six inches (12′6″) in width; or ninety feet (90′) in length if the movement is a secondary towing movement that is not exempt from length restrictions under § 55-7-201(h). These size limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(B)(ii); and
    2. (ii) A towing movement exceeding the size limits set in subdivision (n)(5)(B)(i), but not exceeding fifteen feet (15′) in height or sixteen feet (16′) in width, may be permitted under a single trip permit in accordance with the rules of the department of transportation if the movement is accompanied by an escort vehicle or escort vehicles. For the purpose of complying with this escort vehicle requirement, the towing vehicle itself may substitute for a front escort vehicle so long as the towing vehicle is operating with flashing amber lights displayed to the front of the vehicle;
  3. (C)
    1. (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of the towing vehicle and towed vehicle shall not exceed one hundred sixty-five thousand pounds (165,000 lbs.) in total gross vehicle weight. The total weight on any single axle not in a tandem or tridem axle group shall not exceed twenty-five thousand pounds (25,000 lbs.); the total weight on any tandem axle group shall not exceed fifty thousand pounds (50,000 lbs.); and the total weight on any tridem axle group shall not exceed seventy-five thousand pounds (75,000 lbs.). These weight limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(C)(ii); and
    2. (ii) A secondary towing movement exceeding the combined gross vehicle weight of one hundred sixty-five thousand pounds (165,000 lbs.), but not exceeding the maximum axle weight limits established in subdivision (n)(5)(C)(i), may be permitted under a single trip permit in accordance with the rules of the department of transportation, subject to the additional fees and charges provided in subdivision (n)(5)(E);
  4. (D) The single trip permit or annual permit issued pursuant to this subdivision (n)(5) shall be issued to each specific towing vehicle that is engaged in the towing of wrecked, disabled, or abandoned vehicles; and
  5. (E)
    1. (i) The cost of a single trip permit shall be in accordance with the fees established in subdivisions (h)(1)-(3) for overdimensional and overweight permits; provided, however, that if the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.), the cost of the permit shall also include the additional fee of twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4); and
    2. (ii) The cost of an annual towing permit issued pursuant to this subdivision (n)(5) shall be five hundred dollars ($500). No annual permit shall be available for any towing movement where the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.); provided, however, that a towing vehicle holding an annual permit may supplement that annual permit by obtaining a single trip permit allowing for the movement of additional excessive weight at the cost of twenty dollars ($20.00) plus twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4).
6. (6) A towing vehicle with a valid permit under subdivision (n)(5) may be authorized to undertake an emergency towing movement where the combination of the towing vehicle and the towed vehicle exceeds the height, width, or weight limits established in subdivision (n)(5) if the department of transportation, the department of safety, or a local traffic law enforcement agency requests the assistance of the towing vehicle to remove a wrecked, disabled, or abandoned vehicle from the highway. In such case, the wrecked, disabled, or abandoned vehicle shall be towed only to the nearest rest area, weigh station, truck parking area, or other safe location away from the highway traffic lanes and shoulders as designated by the agency requesting the assistance. The department of transportation may require a bridge evaluation pursuant to subdivision (h)(4) and may impose route restrictions based on the condition of the roadway and bridges.
(o) Notwithstanding this section, chapter 4, part 4 of this title, or any other law or regulation to the contrary, the movement of any mobile home not exceeding fourteen feet (14′) in width shall not be required to have more than one (1) escort vehicle to follow the movement, or any escort vehicle to precede the movement, on the interstate highway system or highways with four (4) or more lanes, and such movement shall not be required to have more than one (1) escort vehicle to precede the movement, or any escort vehicle to follow the movement, on two-lane highways.
(p) Notwithstanding subsections (e)-(g) or any other law to the contrary, an applicant for the issuance or renewal of a special permit for the movement of an oversize motor vehicle, or trailer or semitrailer, whose height, including the load, may exceed the limits prescribed in § 55-7-202 is not required, as a condition for the issuance or renewal of the permit, to complete or submit a route survey of the proposed route of travel unless the height of the vehicle and load exceeds fifteen feet six inches (15′6″).

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§ 55-7-206. Penalty for violation of this part — Injunction proceedings — Disposition of fines, penalties and forfeitures.

(a) Each violation of §§ 55-7-201 — 55-7-203 and each violation of restrictions on the maximum gross weight of freight motor vehicles duly adopted and promulgated by the commissioner of transportation, under § 55-7-205, and each violation of rules and regulations duly adopted and promulgated by the commissioner of safety under that section, is a Class C misdemeanor.
(b) Any taxpayers of the state shall have the right by injunction proceedings to enjoin any actual or threatened use of any highway prohibited by the sections referenced in subsection (a).
(c)
1. (1) All fines, penalties and forfeitures of bonds imposed or collected under this section shall be paid over within fifteen (15) days following the last day of the month in which the fines, penalties, and forfeitures of bonds were received to the department of safety with a statement accompanying the same, setting forth the action or proceedings in which moneys were collected, the name and residence of the defendant, the nature of the offense, and fine, penalty or forfeiture imposed.
2. (2) The fines, penalties and forfeitures, when so collected by the department of safety, shall be deposited with the state treasurer and shall become a part of the general funds of the state.
(d)
1. (1) Notwithstanding any other law to the contrary, when any freight motor vehicle is found to be in violation of only § 55-7-203(b)(3), a fine of twenty-five dollars ($25.00) shall be imposed.
2. (2) The courts of general sessions have jurisdiction to hear citations issued pursuant to this provision.
(e) A violation of § 55-7-204 is a Class C misdemeanor, punishable only by a fine of one thousand dollars ($1,000).
(f) Notwithstanding any other law to the contrary, a violation of the first sentence of § 55-7-201(c) is a Class C misdemeanor, punishable only by a fine of one thousand dollars ($1,000).
(g) Notwithstanding this section or any other law to the contrary, any violation of § 55-7-202, relative to excessive width or height, and any violation of permit restrictions on movements of excessive width and height as set forth in regulations duly adopted and promulgated by the commissioner of transportation under § 55-7-205, is a Class C misdemeanor, punishable only by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for these violations. A violation of a permit requirement relative to time restrictions is a Class C misdemeanor, punishable only by a fine of one hundred dollars ($100).

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55-7-205(g)

§ 55-7-207. Exception from length and weight requirements for public transit systems.

(a) As used in this section, unless the context otherwise requires, “publicly owned transit system” means a system of vehicles, designed to carry all persons who desire to use the system, over designated routes within a designated area, which is owned or operated by a county or municipality, incorporated or existing under the laws of Tennessee, or any combination thereof, with any other county or counties, municipality or municipalities, intrastate or interstate, or its or their agencies or instrumentalities, including a transit authority created pursuant to title 7, chapter 56 or other operating or management organization created by any such county, municipality or combination for the purpose of managing a public transportation system.
(b)
1. (1) Section 55-7-202, other than the limitation on height, and § 55-7-204, shall not be applicable to buses owned or operated by publicly owned transit systems as defined above; provided, that the width and weight limitations of 23 U.S.C. § 127, as amended, shall not be exceeded.
2. (2) Subdivision (b)(1) shall apply on all public roads in any county in which is provided by the publicly-owned transit system regularly scheduled public mass transportation service.
(c) This section shall apply only to buses owned and/or operated by a publicly owned transit system that itself is an agency of a metropolitan government or county or municipality whose population according to the 1970 census exceeds four hundred thousand (400,000) but is less than eight hundred thousand (800,000).

§ 55-7-208. Twin trailer trucks.

(a) Notwithstanding any law to the contrary, twin trailer trucks conforming to § 55-7-201 shall be permitted to operate on the interstate system and other federal-aid highways designated by the commissioner of transportation. Within the limitations as provided in this chapter, any such twin trailer truck may use and must confine itself to the shortest reasonable route to and from the interstate system, other designated highways, and terminals; or in the case of household goods carriers, to and from points of loading and unloading; or, where these twin trailers are manufactured or assembled within the state, from the place of manufacture or assembly, to the highways upon which the truck is permitted to operate by this chapter. Access to facilities in interchange areas adjoining these highways for food, fuel, repairs and rest shall not be denied.
(b) The state department, county or municipal agency or department having present authority to designate uses of roads and highways within its jurisdiction has the authority to establish certain reasonable routes over which twin trailer trucks subject to the restrictions in subsection (a) must travel on the highways within the jurisdictional boundaries and control of that county or municipality in the interest of public safety, bearing in mind the need for safe, efficient interstate transportation. The state department, county or municipal agency or department having the authority to designate reasonable routes shall also consider maintenance cost of the routes and safety of the motoring public before designating the routes.

§ 55-7-209. Special requirements for roof trusses.

(a) Notwithstanding any other law, rule or regulation to the contrary, the commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of special permits for a period of one (1) year, for the transportation of manufactured roof trusses that are in excess of the width dimensions set forth in §§ 55-7-201 and 55-7-202.
(b) These special permits for overdimensional manufactured roof trusses shall be subject to the following conditions:
1. (1) For movements not exceeding ten feet (10′) wide, no escort vehicle, special signs, lights and/or markings shall be required;
2. (2) Movements over ten feet (10′) wide but not exceeding twelve feet (12′) wide:
  1. (A) No escort vehicle shall be required to accompany the movement on the interstate highway system, four (4) lane highways, or two (2) lane highways with a minimum pavement or roadway surface width of twenty-four feet (24′);
  2. (B) One (1) escort vehicle shall be required to precede the movement where the minimum pavement or roadway surface width is less than twenty-four feet (24′);
  3. (C) A flagperson shall be required at all bridge structures where the roadway width is less than twenty feet (20′);
  4. (D) The front and rear of the movement shall be appropriately signed and marked; and
  5. (E) Escort vehicles shall be appropriately marked; and
3. (3) Movements over twelve feet (12′) wide but not exceeding fourteen feet (14′) wide:
  1. (A) Front and rear escort vehicles shall be required on all two (2) lane highways. Front escort vehicles shall not be required on interstate highways or four (4) lane highways. Front and rear escort vehicles shall be required on interstate highways where two (2) lanes are traveled;
  2. (B) Towing vehicles and escort vehicles shall be so equipped as to be in radio communication at all times during movement;
  3. (C) The front and rear of the movement shall be appropriately signed and marked;
  4. (D) Escort vehicles shall be appropriately marked; and
  5. (E) Towing vehicles for fourteen feet (14′) wide movements shall be at least fourteen feet six inches (14′ 6″) in length.
(c) Compliance with the conditions specified in subdivisions (b)(2)(D) and (E) and (b)(3)(C) and (D) shall be in accordance with the rules and regulations of the department of transportation relative to overweight and overdimensional movements on Tennessee highways (Tenn. Comp. R. & Regs. ch. 1680-7-1).
(d) Any conflict in the requirements relative to overlength movements, as established by statute, rule or regulation, and the requirements for overwidth movements of manufactured roof trusses established in this section, shall be resolved by applying the more stringent requirements.
(e) The commissioner of transportation shall prescribe an annual fee for a special permit to transport overdimensional manufactured roof trusses. This annual fee shall be predicated upon the department's costs in enforcing this section.

Chapter 8 Operation of Vehicles — Rules of the Road

Part 1 Operation of Vehicles — Rules of the Road

§ 55-8-101. Chapter and part definitions. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

As used in this chapter and chapter 10, parts 1-5, of this title, unless the context otherwise requires:
1. (1) “All-terrain vehicle” means either:
  1. (A) A motorized nonhighway tire vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than two thousand five hundred pounds (2,500 lbs.), and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control; or
  2. (B) A motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads traveling on two (2) wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control;
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  - 47-18-3101(7)(B)
2. (2) “Arterial street” means any United States or state numbered route, controlled access highway, or other major radial or circumferential street or highway designed by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways;
3. (3)
  1. (A) “Authorized emergency vehicle” means vehicles of the fire department, fire patrol, police vehicles or bicycles and emergency vehicles that are designated or authorized by the commissioner or the chief of police of an incorporated city, and vehicles operated by commissioned members of the Tennessee bureau of investigation when on official business;
  2. (B) “Authorized emergency vehicle in certain counties” means vehicles owned by regular or volunteer firefighters in any county with a population of not less than thirty-two thousand seven hundred fifty (32,750) nor more than thirty-two thousand eight hundred (32,800), according to the 1980 federal census or any subsequent federal census, when the vehicles are used in responding to a fire alarm or other emergency call;
  3. (C)
    1. (i) “Authorized emergency vehicle” automatically includes every ambulance and emergency medical vehicle operated by any emergency medical service licensed by the department of health pursuant to title 68, chapter 140, part 3; and, notwithstanding any law to the contrary, regulation of these ambulances and emergency medical vehicles shall be exclusively performed by the department of health, except as provided in § 68-140-326, and no special authorization, approval or filing shall be required pursuant to this chapter by the commissioner of safety;
    2. (ii) “Authorized emergency vehicle” automatically includes every rescue vehicle or emergency response vehicle owned and operated by a state-chartered rescue squad, emergency lifesaving crew or active member unit of the Tennessee Association of Rescue Squads and no special authorization, approval or filing shall be required for the vehicle pursuant to this chapter by the commissioner of safety;
4. (4) “Autocycle” has the same meaning as defined in § 55-1-103;
5. (5) “Automated driving system” or “ADS” means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event;
6. (6) “Automated-driving-system-operated vehicle” or “ADS-operated vehicle” means a vehicle equipped with an automated driving system;
7. (7) “Bicycle” means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20″) in diameter;
8. (8) “Bus” means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
9. (9) “Business district” means the territory contiguous to and including a highway when within any six hundred feet (600′) along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, or office buildings, railroad stations and public buildings that occupy at least three hundred feet (300′) of frontage on one (1) side or three hundred feet (300′) collectively on both sides of the highway;
10. (10) “Certified police cyclist” means any full time, sworn law enforcement officer who is certified by the International Police Mountain Bike Association or has otherwise been certified by the Tennessee peace officer standards and training commission as having received and successfully completed appropriate bicycle training in the performance of law enforcement functions;
11. (11) “Chauffeur” means every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation;
12. (12) “Class I off-highway vehicle” means a motorized vehicle with not less than four (4) nonhighway tires, nor more than six (6) nonhighway tires, whose top speed is greater than thirty-five miles per hour (35 mph), that is limited in total dry weight up to three thousand five hundred pounds (3,500 lbs.), that is eighty inches (80″) or less in width measured from the outside of the tire rim to the outside of the tire rim, and that has a nonstraddle seating capable of holding at least two (2) but no more than four (4) passengers and a steering wheel. “Class I off-highway vehicle” includes mini-trucks;
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  - 47-18-3101(7)(B)
13. (13) “Class II off-highway vehicle” means any off-highway vehicle that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding at least two (2) but no more than four (4) passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. “Class II off-highway vehicle” does not include a snowmobile or other vehicle designed to travel exclusively over snow or ice;
14. (14) “Commissioner” means the commissioner of safety;
15. (15) “Controlled-access highway” means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;
16. (16) “Crosswalk” means:
  1. (A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or
  2. (B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;
17. (17) “Dealer” means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state;
18. (18) “Department” means the department of safety;
19. (19) “Driver” means:
  1. (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle; and
  2. (B) For purposes of an ADS-operated vehicle and when the context requires, the ADS when the ADS is engaged;
20. (20) “Dynamic driving task” means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic. “Dynamic driving task” does not include strategic functions, such as route selection and scheduling;
21. (21)
  1. (A) “Electric scooter”:
    1. (i) Means a device weighing less than one hundred pounds (100 lbs.) that:
      1. (a) Has handlebars and an electric motor;
      2. (b) Is solely powered by the electric motor or human power, or both; and
      3. (c) Has a maximum speed of no more than twenty miles per hour (20 mph) on a paved level surface when powered solely by the electric motor; and
    2. (ii) Does not include an electric bicycle, electric personal assistive mobility device, motorcycle, or motorscooter; and
  2. (B) An electric scooter is a motor-driven vehicle, for purposes of § 55-10-401;
22. (22) “Essential parts” means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;
23. (23) “Established place of business” means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the books and records are kept and a large share of the business is transacted;
24. (24) “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in those proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb;
25. (25) “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;
26. (26) “Flammable liquid” means any liquid that has a flash point of seventy degrees Fahrenheit (70° F.), or less, as determined by a tagliabue or equivalent closed-cup test device;
27. (27) “Foreign vehicle” means every vehicle of a type required to be registered brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state;
28. (28) “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and equipped with safety belts installed for use in the left front and right front seats and that is not capable of exceeding speeds of twenty miles per hour (20 mph);
29. (29) “Gross weight” means the weight of a vehicle without load plus the weight of any load thereon;
30. (30) “Highway” means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel;
31. (31) “Implement of husbandry” means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations;
32. (32) “Intersection” means:
  1. (A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the areas within which vehicles traveling upon different highways joining at any other angle may come in conflict; or
  2. (B) Where a highway includes two (2) roadways thirty feet (30′) or more apart, then every crossing of each roadway of that divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two (2) roadways thirty feet (30′) or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection;
33. (33) “Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic;
34. (34) “License to operate a vehicle” means any operator's or chauffeur's license, or any other license or permit to operate a motor vehicle issued under the laws of this state including:
  1. (A) Any temporary license or instruction permit;
  2. (B) The privilege of any person to drive a motor vehicle whether or not that person holds a valid license; and
  3. (C) Any nonresident's operating privilege as defined in this section;
35. (35) “Local authorities” means every county, municipal and other local board or body having authority to enact ordinances or make regulations relating to traffic under the constitution and laws of this state;
36. (36) “Low speed vehicle” means any four-wheeled electric vehicle, excluding golf carts, whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. Low speed vehicles must comply with the safety standards in 49 CFR 571.500;
37. (37) “Manufacturer” means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state;
38. (38) “Medium speed vehicle” means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to § 55-8-191(b)(1), and otherwise meets or exceeds the federal safety standards set forth in 49 CFR 571.500, except as otherwise provided in § 55-4-136;
39. (39) “Metal tire” means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material;
40. (40) “Minimal risk condition” means a low-risk operating mode in which an ADS-operated vehicle when the ADS is engaged achieves a reasonably safe state upon experiencing a failure of the vehicle's ADS that renders the vehicle unable to perform the entire dynamic driving task;
41. (41) “Motor vehicle”:
  1. (A) Means every vehicle that is self-propelled;
  2. (B) Includes low-speed vehicles and medium-speed vehicles; and
  3. (C) Does not include:
    1. (i) Electric scooters;
    2. (ii) Electric bicycles, as defined in § 55-8-301;
    3. (iii) Motorized bicycles;
    4. (iv) Personal delivery devices;
    5. (v) Motorized wheelchairs; or
    6. (vi) Any vehicle, including a low-speed vehicle or a medium-speed vehicle, that is propelled by electric power obtained from overhead trolley wires but not operated upon rails;
42. (42) “Motorcycle” has the same meaning in § 55-1-103;
43. (43) “Motorscooter” means any two- or three-wheel automatic transmission vehicle with a motor that produces no more than thirty (30) brake horsepower, a motor with a cylinder capacity not exceeding three hundred cubic centimeters (300cc) or an electric motor not to exceed five thousand watts (5,000W), a wheelbase not to exceed sixty-four inches (64″), and a maximum dry weight of four hundred fifty pounds (450 lbs.). “Motorscooter” does not include an electric scooter or personal delivery device;
44. (44) “Motorized bicycle” means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. The operator of a motorized bicycle must be in possession of a valid operator's or chauffeur's license, and shall be subject to all applicable and practical rules of the road. A motorized bicycle may not be operated on a highway of the interstate and defense highway system, any similar limited access multilane divided highway, or upon sidewalks;
45. (45) “Off-highway vehicle” or “off-highway motor vehicle” means any vehicle designed primarily to be operated off public highways, including any Class I off-highway vehicle, Class II off-highway vehicle, all-terrain vehicle, any motorcycle commonly referred to as a dirt bike, or any snowmobile or other vehicle designed to travel exclusively over snow or ice;
46. (46) “Official traffic-control devices” means all signs, signals, markings and devices not inconsistent with this chapter and chapter 10, parts 1-5 of this title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic;
47. (47) “Operator” means:
  1. (A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle; and
  2. (B) For purposes of an ADS-operated vehicle and when the context requires, the ADS when the ADS is engaged;
48. (48) “Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title;
49. (49) “Park,” when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;
50. (50) “Pedestrian” means any person afoot or using a motorized or non-motorized wheelchair;
51. (51) “Pedestrian area” includes a sidewalk, crosswalk, school crosswalk, school crossing zone, or safety zone;
52. (52) “Person” means a natural person, firm, copartnership, association, corporation, or an engaged ADS;
53. (53) “Personal delivery device” means a device that:
  1. (A) Is solely powered by an electric motor;
  2. (B) Is operated primarily on sidewalks and crosswalks;
  3. (C) Is intended primarily for the transport of property on public rights-of-way; and
  4. (D) Is capable of navigating with or without the active control or monitoring of a natural person;
54. (54) “Personal delivery device operator” means an entity that exercises physical control or monitoring over the navigation system and operation of a personal delivery device;
55. (55) “Platoon” means a group of individual motor vehicles that are traveling in a unified manner at electronically coordinated speeds;
56. (56) “Pneumatic tire” means every tire in which compressed air is designed to support the load;
57. (57) “Pole trailer” means every vehicle without motive power designed to be driven by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections;
58. (58) “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations;
59. (59) “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons;
60. (60) “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;
61. (61) “Railroad sign or signal” means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
62. (62) “Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;
63. (63) “Recovered materials” and “recyclable materials” have the same meanings as defined in § 68-211-802;
64. (64) “Recycling vehicle” means any vehicle that is designed and used exclusively for the collection or transportation of recovered materials or recyclable materials;
65. (65) “Residential district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet (300′) or more is in the main improved with residences;
66. (66) “Right-of-way” means the privilege of the immediate use of the roadway;
67. (67) “Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;
68. (68) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively;
69. (69) “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
70. (70) “School bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school;
71. (71) “Semitrailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
72. (72) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians;
73. (73) “Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load;
74. (74) “Solid waste vehicle” means any vehicle engaged in the collecting and transporting of municipal solid waste as defined by § 68-211-802, or recyclable materials as defined by § 68-211-802;
75. (75) “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers. The foregoing enumeration shall be deemed partial and shall not operate to exclude other vehicles that are within the general terms of this subdivision (75);
76. (76) “Specially constructed vehicle” means every vehicle of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
77. (77) “Stop,” when required, means complete cessation from movement;
78. (78) “Stop line” means a white line placed generally in conformance with the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the department of transportation, denoting the point where an intersection begins;
79. (79) “Stopping” or “standing,” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;
80. (80) “Street” means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel;
81. (81) “Streetcar” means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality;
82. (82) “Through highway” means every highway or portion of the highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter. The department of transportation shall be authorized to designate through highways;
83. (83) “Trackless trolley coach” means every motor vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails;
84. (84) “Tractor” means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently;
85. (85) “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel;
86. (86) “Traffic-control signal” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;
87. (87) “Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle;
88. (88) “Truck” means every motor vehicle designed, used or maintained primarily for the transportation of property;
89. (89) “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;
90. (90) “Urban district” means the territory contiguous to and including any street that is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100′) for a distance of one-quarter (¼) mile or more; and
91. (91) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

§ 55-8-101. Chapter and part definitions. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

As used in this chapter and chapter 10, parts 1-5, of this title, unless the context otherwise requires:
1. (1) “All-terrain vehicle” means either:
  1. (A) A motorized nonhighway tire vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than two thousand five hundred pounds (2,500 lbs.), and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control; or
  2. (B) A motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads traveling on two (2) wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control;
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  - 47-18-3101(7)(B)
2. (2) “Arterial street” means any United States or state numbered route, controlled access highway, or other major radial or circumferential street or highway designed by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways;
3. (3)
  1. (A) “Authorized emergency vehicle” means vehicles of the fire department, fire patrol, police vehicles or bicycles and emergency vehicles that are designated or authorized by the commissioner or the chief of police of an incorporated city, and vehicles operated by commissioned members of the Tennessee bureau of investigation when on official business;
  2. (B) “Authorized emergency vehicle in certain counties” means vehicles owned by regular or volunteer firefighters in any county with a population of not less than thirty-two thousand seven hundred fifty (32,750) nor more than thirty-two thousand eight hundred (32,800), according to the 1980 federal census or any subsequent federal census, when the vehicles are used in responding to a fire alarm or other emergency call;
  3. (C)
    1. (i) “Authorized emergency vehicle” automatically includes every ambulance and emergency medical vehicle operated by any emergency medical service licensed by the department of health pursuant to title 68, chapter 140, part 3; and, notwithstanding any law to the contrary, regulation of these ambulances and emergency medical vehicles shall be exclusively performed by the department of health, except as provided in § 68-140-326, and no special authorization, approval or filing shall be required pursuant to this chapter by the commissioner of safety;
    2. (ii) “Authorized emergency vehicle” automatically includes every rescue vehicle or emergency response vehicle owned and operated by a state-chartered rescue squad, emergency lifesaving crew or active member unit of the Tennessee Association of Rescue Squads and no special authorization, approval or filing shall be required for the vehicle pursuant to this chapter by the commissioner of safety;
4. (4) “Autocycle” has the same meaning as defined in § 55-1-103;
5. (5) “Automated driving system” or “ADS” means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event;
6. (6) “Automated-driving-system-operated vehicle” or “ADS-operated vehicle” means a vehicle equipped with an automated driving system;
7. (7) “Bicycle” means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20″) in diameter;
8. (8) “Bus” means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
9. (9) “Business district” means the territory contiguous to and including a highway when within any six hundred feet (600′) along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, or office buildings, railroad stations and public buildings that occupy at least three hundred feet (300′) of frontage on one (1) side or three hundred feet (300′) collectively on both sides of the highway;
10. (10) “Certified police cyclist” means any full time, sworn law enforcement officer who is certified by the International Police Mountain Bike Association or has otherwise been certified by the Tennessee peace officer standards and training commission as having received and successfully completed appropriate bicycle training in the performance of law enforcement functions;
11. (11) “Chauffeur” means every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation;
12. (12) “Class I off-highway vehicle” means a motorized vehicle with not less than four (4) nonhighway tires, nor more than six (6) nonhighway tires, whose top speed is greater than thirty-five miles per hour (35 mph), that is limited in total dry weight up to three thousand five hundred pounds (3,500 lbs.), that is eighty inches (80″) or less in width measured from the outside of the tire rim to the outside of the tire rim, and that has a nonstraddle seating capable of holding at least two (2) but no more than four (4) passengers and a steering wheel. “Class I off-highway vehicle” includes mini-trucks;
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  - 47-18-3101(7)(B)
13. (13) “Class II off-highway vehicle” means any off-highway vehicle that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding at least two (2) but no more than four (4) passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. “Class II off-highway vehicle” does not include a snowmobile or other vehicle designed to travel exclusively over snow or ice;
14. (14) “Commissioner” means the commissioner of safety;
15. (15) “Controlled-access highway” means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;
16. (16) “Crosswalk” means:
  1. (A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or
  2. (B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;
17. (17) “Dealer” means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state;
18. (18) “Department” means the department of safety;
19. (19) “Driver” means:
  1. (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle; and
  2. (B) For purposes of an ADS-operated vehicle and when the context requires, the ADS when the ADS is engaged;
20. (20) “Dynamic driving task” means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic. “Dynamic driving task” does not include strategic functions, such as route selection and scheduling;
21. (21)
  1. (A) “Electric scooter”:
    1. (i) Means a device weighing less than one hundred pounds (100 lbs.) that:
      1. (a) Has handlebars and an electric motor;
      2. (b) Is solely powered by the electric motor or human power, or both; and
      3. (c) Has a maximum speed of no more than twenty miles per hour (20 mph) on a paved level surface when powered solely by the electric motor; and
    2. (ii) Does not include an electric bicycle, electric personal assistive mobility device, motorcycle, or motor-driven cycle; and
  2. (B) An electric scooter is a motor-driven vehicle, for purposes of § 55-10-401;
22. (22) “Essential parts” means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;
23. (23) “Established place of business” means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the books and records are kept and a large share of the business is transacted;
24. (24) “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in those proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb;
25. (25) “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;
26. (26) “Flammable liquid” means any liquid that has a flash point of seventy degrees Fahrenheit (70° F.), or less, as determined by a tagliabue or equivalent closed-cup test device;
27. (27) “Foreign vehicle” means every vehicle of a type required to be registered brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state;
28. (28) “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and equipped with safety belts installed for use in the left front and right front seats and that is not capable of exceeding speeds of twenty miles per hour (20 mph);
29. (29) “Gross weight” means the weight of a vehicle without load plus the weight of any load thereon;
30. (30) “Highway” means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel;
31. (31) “Implement of husbandry” means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations;
32. (32) “Intersection” means:
  1. (A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the areas within which vehicles traveling upon different highways joining at any other angle may come in conflict; or
  2. (B) Where a highway includes two (2) roadways thirty feet (30′) or more apart, then every crossing of each roadway of that divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two (2) roadways thirty feet (30′) or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection;
33. (33) “Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic;
34. (34) “License to operate a vehicle” means any operator's or chauffeur's license, or any other license or permit to operate a motor vehicle issued under the laws of this state including:
  1. (A) Any temporary license or instruction permit;
  2. (B) The privilege of any person to drive a motor vehicle whether or not that person holds a valid license; and
  3. (C) Any nonresident's operating privilege as defined in this section;
35. (35) “Local authorities” means every county, municipal and other local board or body having authority to enact ordinances or make regulations relating to traffic under the constitution and laws of this state;
36. (36) “Low speed vehicle” means any four-wheeled electric vehicle, excluding golf carts, whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. Low speed vehicles must comply with the safety standards in 49 CFR 571.500;
37. (37) “Manufacturer” means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state;
38. (38) “Medium speed vehicle” means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to § 55-8-191(b)(1), and otherwise meets or exceeds the federal safety standards set forth in 49 CFR 571.500, except as otherwise provided in § 55-4-136;
39. (39) “Metal tire” means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material;
40. (40) “Minimal risk condition” means a low-risk operating mode in which an ADS-operated vehicle when the ADS is engaged achieves a reasonably safe state upon experiencing a failure of the vehicle's ADS that renders the vehicle unable to perform the entire dynamic driving task;
41. (41) “Motor vehicle”:
  1. (A) Means every vehicle that is self-propelled;
  2. (B) Includes low-speed vehicles and medium-speed vehicles; and
  3. (C) Does not include:
    1. (i) Electric scooters;
    2. (ii) Electric bicycles, as defined in § 55-8-301;
    3. (iii) Motorized bicycles;
    4. (iv) Personal delivery devices;
    5. (v) Motorized wheelchairs; or
    6. (vi) Any vehicle, including a low-speed vehicle or a medium-speed vehicle, that is propelled by electric power obtained from overhead trolley wires but not operated upon rails;
42. (42) “Motorcycle” has the same meaning in § 55-1-103;
43. (43) “Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor that produces no more than five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc). “Motor-driven cycle” does not include an electric scooter or personal delivery device;
44. (44) “Motorized bicycle” means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. The operator of a motorized bicycle must be in possession of a valid operator's or chauffeur's license, and shall be subject to all applicable and practical rules of the road. A motorized bicycle may not be operated on a highway of the interstate and defense highway system, any similar limited access multilane divided highway, or upon sidewalks;
45. (45) “Off-highway vehicle” or “off-highway motor vehicle” means any vehicle designed primarily to be operated off public highways, including any Class I off-highway vehicle, Class II off-highway vehicle, all-terrain vehicle, any motorcycle commonly referred to as a dirt bike, or any snowmobile or other vehicle designed to travel exclusively over snow or ice;
46. (46) “Official traffic-control devices” means all signs, signals, markings and devices not inconsistent with this chapter and chapter 10, parts 1-5 of this title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic;
47. (47) “Operator” means:
  1. (A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle; and
  2. (B) For purposes of an ADS-operated vehicle and when the context requires, the ADS when the ADS is engaged;
48. (48) “Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title;
49. (49) “Park,” when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;
50. (50) “Pedestrian” means any person afoot or using a motorized or non-motorized wheelchair;
51. (51) “Pedestrian area” includes a sidewalk, crosswalk, school crosswalk, school crossing zone, or safety zone;
52. (52) “Person” means a natural person, firm, copartnership, association, corporation, or an engaged ADS;
53. (53) “Personal delivery device” means a device that:
  1. (A) Is solely powered by an electric motor;
  2. (B) Is operated primarily on sidewalks and crosswalks;
  3. (C) Is intended primarily for the transport of property on public rights-of-way; and
  4. (D) Is capable of navigating with or without the active control or monitoring of a natural person;
54. (54) “Personal delivery device operator” means an entity that exercises physical control or monitoring over the navigation system and operation of a personal delivery device;
55. (55) “Platoon” means a group of individual motor vehicles that are traveling in a unified manner at electronically coordinated speeds;
56. (56) “Pneumatic tire” means every tire in which compressed air is designed to support the load;
57. (57) “Pole trailer” means every vehicle without motive power designed to be driven by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections;
58. (58) “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations;
59. (59) “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons;
60. (60) “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;
61. (61) “Railroad sign or signal” means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
62. (62) “Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;
63. (63) “Recovered materials” and “recyclable materials” have the same meanings as defined in § 68-211-802;
64. (64) “Recycling vehicle” means any vehicle that is designed and used exclusively for the collection or transportation of recovered materials or recyclable materials;
65. (65) “Residential district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet (300′) or more is in the main improved with residences;
66. (66) “Right-of-way” means the privilege of the immediate use of the roadway;
67. (67) “Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;
68. (68) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively;
69. (69) “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
70. (70) “School bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school;
71. (71) “Semitrailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
72. (72) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians;
73. (73) “Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load;
74. (74) “Solid waste vehicle” means any vehicle engaged in the collecting and transporting of municipal solid waste as defined by § 68-211-802, or recyclable materials as defined by § 68-211-802;
75. (75) “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers. The foregoing enumeration shall be deemed partial and shall not operate to exclude other vehicles that are within the general terms of this subdivision (75);
76. (76) “Specially constructed vehicle” means every vehicle of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
77. (77) “Stop,” when required, means complete cessation from movement;
78. (78) “Stop line” means a white line placed generally in conformance with the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the department of transportation, denoting the point where an intersection begins;
79. (79) “Stopping” or “standing,” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;
80. (80) “Street” means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel;
81. (81) “Streetcar” means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality;
82. (82) “Through highway” means every highway or portion of the highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter. The department of transportation shall be authorized to designate through highways;
83. (83) “Trackless trolley coach” means every motor vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails;
84. (84) “Tractor” means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently;
85. (85) “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel;
86. (86) “Traffic-control signal” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;
87. (87) “Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle;
88. (88) “Truck” means every motor vehicle designed, used or maintained primarily for the transportation of property;
89. (89) “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;
90. (90) “Urban district” means the territory contiguous to and including any street that is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100′) for a distance of one-quarter (¼) mile or more; and
91. (91) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

§ 55-8-102. Provisions refer to vehicles upon highways — Exceptions.

(a) The provisions of this chapter and chapter 10, parts 1-5 of this title, relating to the operation of vehicles, refer exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.
(b)
1. (1) This chapter and chapter 10, parts 1-5 of this title apply to the operation of motor vehicles upon streets, roads, and highways within federal reservations or under federal ownership and control if the following conditions exist:
  1. (A) The streets, roads or highways are generally open to public travel; and
  2. (B) The federal agency owning or controlling the streets, roads, or highways enters into an agreement with the county and/or municipality in which the same are located.
2. (2)
  1. (A) Whenever an agreement is entered into pursuant to subdivision (b)(1)(B), the agreement shall describe the streets, roads and highways affected.
  2. (B) The agreement shall be filed with the clerk of court having original jurisdiction to hear and decide violations of the traffic safety laws. Upon filing, the judge of the court may take judicial notice of the agreement.
  3. (C) The streets, roads, and highways covered by the agreement shall be considered public streets, roads, and highways of the state for purposes of enforcement of this chapter or chapter 10, parts 1-5 of this title.

§ 55-8-103. Required obedience to traffic laws — Penalty.

It is unlawful and, unless otherwise declared in this chapter and chapter 10, parts 1-5 of this title with respect to particular offenses, it is a Class C misdemeanor, for any person to do any act forbidden or fail to perform any act required in this chapter and chapter 10 of this title.

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55-8-161(d)

§ 55-8-104. Obedience to police officers.

(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-105. Persons riding animals or driving animal-drawn vehicles.

Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter and chapter 10, parts 1-5 of this title, except those provisions of this chapter and chapter 10, parts 1-5 of this title that by their very nature can have no application.

§ 55-8-106. Public officers and employees — Exceptions.

The provisions of this chapter and chapter 10, parts 1-5 of this title applicable to drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or any other political subdivision of the state, subject to specific exceptions as are set forth in this chapter and chapter 10, parts 1-5 of this title.

§ 55-8-107. Persons working on highways — Exceptions.

Unless specifically made applicable, the provisions of this chapter and chapter 10, parts 1-5 of this title, except those contained in § 55-10-205, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway or the adjacent right-of-way, but shall apply to these persons and vehicles when traveling to or from such work. This section shall not relieve the driver of a motor vehicle or equipment covered by this section from the duty to drive with due regard for the safety of all persons, all as provided by law.

§ 55-8-108. Authorized emergency vehicles.

(a) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this section.
(b)
1. (1) A driver of an authorized emergency vehicle operating the vehicle in accordance with subsection (a) may:
  1. (A) Park or stand, notwithstanding other provisions of this chapter that regulate parking or standing;
  2. (B) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
  3. (C) Exceed the speed limits so long as life or property is not thereby endangered; and
  4. (D) Disregard regulations governing direction of movement or turning in specified directions.
2. (2) Subdivision (b)(1) shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall subdivision (b)(1) protect the driver from the consequences of the driver's own reckless disregard for the safety of others.
(c)
1. (1) The exemptions granted under subsection (b) to a driver of an authorized emergency vehicle shall only apply when the vehicle is making use of audible and visual signals meeting the requirements of the applicable laws of this state, except that while parked or standing, an authorized emergency vehicle shall only be required to make use of visual signals meeting the requirements of the applicable laws of this state.
2. (2) Nothing in this section shall be construed to prohibit the driver of an authorized emergency vehicle, while parked or standing, from making use of both audible and visual signals meeting the requirements of the applicable laws of this state, in the discretion of the driver.
(d) An authorized emergency vehicle operated as a police vehicle may be equipped with or display a red light only in combination with a blue light visible from in front of the vehicle.
(e) Notwithstanding the requirement of this section that drivers of authorized emergency vehicles exercise due regard for the safety of all persons, no municipality or county nor the state or any of its political subdivisions, nor their officers or employees, shall be liable for any injury proximately or indirectly caused to an actual or suspected violator of a law or ordinance who is fleeing pursuit by law enforcement personnel. The fact that law enforcement personnel pursue an actual or suspected violator of a law or ordinance who flees from pursuit shall not render the law enforcement personnel, or the employers of the law enforcement personnel, liable for injuries to a third party proximately caused by the fleeing party unless the conduct of the law enforcement personnel was negligent and that negligence was a proximate cause of the injuries to the third party.

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§ 55-8-109. Obedience to any required traffic-control device.

(a) The driver of any vehicle and the operator of any streetcar shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with this chapter and chapter 10, parts 1-5 of this title, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b)
1. (1) No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
2. (2) Whenever a particular section does not state that signs are required, that section shall be effective even though no signs are erected or in place.
(c) For purposes of this section, “traffic or police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or a person licensed under title 62, chapter 35, or authorized to carry a firearm pursuant to § 38-8-116(b), who is retired in good standing from being a commissioned, POST-certified law enforcement officer and who has notified the chief law enforcement officer in the jurisdiction where the retired officer will be directing or regulating traffic at least twenty-four (24) hours in advance, or as soon as possible in the event of an emergency, prior to performing traffic control functions in such jurisdiction.
(d) A violation of this section is a Class C misdemeanor.

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§ 55-8-110. Traffic-control signals — Inoperative signals.

(a) Whenever traffic is controlled by traffic-control signals exhibiting the words “Go,” “Caution” or “Stop,” or exhibiting different colored lights successively one (1) at a time, or with arrows, the following colors only shall be used and the terms and lights shall indicate and apply to drivers or vehicles and pedestrians as follows:
1. (1) Green alone or “Go”:
  1. (A) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited; and
  2. (B) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk;
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  - 55-8-198(c)(1)
2. (2) Yellow alone or “Caution,” when shown following the green or “Go” signal:
  1. (A) Vehicular traffic facing the signal is warned that the red or “Stop” signal will be exhibited immediately thereafter and that vehicular traffic shall not enter or cross the intersection when the red or “Stop” signal is exhibited; and
  2. (B) Pedestrians facing the signal are advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles;
3. (3) Red alone or “Stop”:
  1. (A) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or if there is a clearly marked stop line preceding the crosswalk, then before such stop line, but if there is neither a crosswalk nor a stop line, then before entering the intersection, and the vehicular traffic shall remain standing until green or “Go” is shown alone. A right turn on a red signal shall be permitted at all intersections within the state; provided, that the prospective turning car shall come to a full and complete stop before turning and that the turning car shall yield the right-of-way to pedestrians and cross traffic traveling in accordance with their traffic signal; provided further, that such turn will not endanger other traffic lawfully using the intersection. A right turn on red shall be permitted at all intersections, except those that are clearly marked by a “No Turns On Red” sign, which may be erected by the responsible municipal or county governments at intersections which they decide require no right turns on red in the interest of traffic safety;
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    55-8-198(i)
  2. (B) No pedestrian facing such signal shall enter the roadway unless entry can be made safely and without interfering with any vehicular traffic; and
  3. (C) A left turn on a red or stop signal shall be permitted at all intersections within the state where a one-way street intersects with another one-way street moving in the same direction into which the left turn would be made from the original one-way street. Before making such a turn, the prospective turning car shall come to a full and complete stop and shall yield the right-of-way to pedestrians and cross traffic traveling in accordance with the traffic signal so as not to endanger traffic lawfully using the intersection. A left turn on red shall be permitted at any applicable intersection except those clearly marked by a “No Turn on Red” sign, which may be erected by the responsible municipal or county governments at intersections that these governments decide require no left turns on red in the interest of traffic safety;
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4. (4) Red with green arrow:
  1. (A) Vehicular traffic facing this signal may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and
  2. (B) No pedestrian facing the signal shall enter the roadway unless entry can be made safely and without interfering with any vehicular traffic;
5. (5) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or before the stop line, but in the absence of any sign or stop line the stop shall be made at the signal;
6. (6) The operator of any streetcar shall obey the signals in subdivisions (a)(1)–(5) as applicable to vehicles;
7. (7) All electric highway, street and road vehicular traffic-control signals in Tennessee shall have a uniform arrangement of the colored lenses in the various signal faces of the signals, as follows: In each signal face, all red lenses in vertical signals shall be located above all yellow and green lenses, and in horizontal signals, to the left of all yellow and green lenses. Yellow lenses shall be located between any red lens or lenses and all other lenses; and
8. (8) Whenever in this state three-light traffic-control signals are used displaying successively green, yellow, and red lights for the direction of motorists and pedestrians, the duration of the yellow plus all red change interval must be determined using engineering practices as identified in the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the department of transportation in accordance with § 54-5-108(b), and the minimum time exposure of the yellow light must be three (3) seconds. A state agency or political subdivision of the state that installs, owns, operates, or maintains any such traffic-control signal light shall set or cause to be set the timing-control device for the signal light in compliance with this subdivision (a)(8) and the MUTCD, as adopted by the department of transportation in accordance with § 54-5-108(b). A state agency or political subdivision of the state that installs, owns, operates, or maintains a traffic-control signal light in an intersection that employs a surveillance camera for the enforcement or monitoring of traffic violations shall not reduce the time exposure of the yellow light at the intersection with the intended purpose of increasing the number of traffic violations.
(b) Notwithstanding any law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the motorcycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the driver of a motorcycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the motorcycle when the signal did not utilize a vehicle detection device or that the device was not in fact inoperative due to the size of the motorcycle.
(c) The driver of any vehicle approaching an intersection that is controlled by a traffic-control signal that is inoperative because of mechanical failure or accident shall come to a full and complete stop at the intersection, and may proceed with due caution when it is safe to do so; provided, that if two (2) or more vehicles enter such an intersection from different directions at approximately the same time, after having come to full and complete stops, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. A traffic-control signal shall not be considered inoperative if the signal is operating in flashing mode. If a signal is operating in flashing mode, it shall require obedience by vehicular traffic pursuant to § 55-8-112.
(d) Notwithstanding any law to the contrary, the rider of a bicycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the bicycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the rider of a bicycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the bicycle when the signal did not utilize a vehicle detection device or that the device was not in fact inoperative due to the size of the bicycle.
(e) It is not a violation of subdivision (a)(3), unless the front tires of a vehicle cross the stop line after the signal is red.

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55-8-133(a)

§ 55-8-111. Pedestrian-control signals.

Whenever special pedestrian-control signals exhibiting the words “Walk” or “Wait” or “Don't Walk” are in place, these signals shall indicate as follows:
1. (1) Walk. Pedestrians facing the signals may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles; and
2. (2) Wait or Don't Walk. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.

§ 55-8-112. Flashing signals.

(a) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
1. (1) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, and the light is clearly visible for a sufficient distance ahead to permit stopping, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; and
2. (2) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in § 55-8-145.

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55-8-110(c)

§ 55-8-113. Display or sale of unauthorized signs, signals or markings.

(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device that purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or that attempts to direct the movement of traffic, or that hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.
(b) No person shall sell or offer for sale any traffic control signal or device for use on any street, road, or highway in this state unless the device conforms to the requirements of this chapter.
(c) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing any commercial advertising.
(d) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(e) Every prohibited sign, signal or marking is declared to be a public nuisance and the authority having jurisdiction over the highway is empowered to remove the sign, signal or marking or cause it to be removed without notice.
(f) A violation of this section is a Class C misdemeanor.

§ 55-8-114. Interference with official traffic-control devices or railroad signs or signals.

(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia or other part of the device, sign or signal.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-115. Driving on right side of roadway — Exceptions.

(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
1. (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
2. (2) When the right half of a roadway is closed to traffic while under construction or repair;
3. (3) Upon a roadway divided into three (3) marked lanes for traffic under the applicable rules thereon; or
4. (4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

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55-8-197(a)(1)

§ 55-8-116. Passing vehicles proceeding in opposite directions.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one (1) line of traffic in each direction, each driver shall give to the other at least one-half (½) of the main-traveled portion of the roadway as nearly as possible.

§ 55-8-117. Overtaking and passing of vehicles.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
1. (1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and
2. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.

§ 55-8-118. Overtaking and passing on the right.

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
1. (1) When the vehicle overtaken is making or about to make a left turn;
2. (2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; and
3. (3) Upon a one-way street, or upon any roadway on which traffic is restricted to one (1) direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall the movement be made by driving off the pavement or main-traveled portion of the roadway.
(c) When overtaking or passing upon the right of another motor vehicle pursuant to this section or other law, the person shall not operate the motor vehicle within a bicycle lane as defined in § 55-8-205.
(d)
1. (1) Notwithstanding this section, the driver of a bus operated by or for a publicly owned transit agency may overtake and pass a vehicle upon the right when operating on the shoulder or right-of-way of any highway on the state system of highways, including interstate highways, when authorized by the department of transportation. Except for authorized emergency vehicles, or recovery vehicles, as defined in § 55-8-132(d), when responding to an emergency call received from a law enforcement agency, the operation of a vehicle on the shoulder or right-of-way of a state highway other than a bus authorized by the department is an offense punishable as a Class C misdemeanor.
2. (2) The department is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (d)(1), including establishing procedures for authorizing the operation of a bus on the shoulder or right-of-way and regulations for ensuring the safety of passengers on a bus and in vehicles operating on the main traveled way of the adjacent highway or right-of-way, such as establishing a maximum speed limit of a bus, limiting the use of the shoulder or right-of-way during peak traffic periods, and installing signs indicating the shoulder or right-of-way is reserved for exclusive use by a bus.
3. (3) As used in this subsection (d), “bus” does not include a school bus.
4. (4) The department may take any action to obtain federal, state, or local assistance for any aspect of implementation of a program to allow a bus to utilize the shoulder or right-of-way of a state highway as provided in subdivision (d)(1); provided, that any funds used for the purposes of this subsection (d) shall be specifically appropriated by reference in the general appropriations act.

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55-8-197(a)(2)

§ 55-8-119. Limitations on overtaking and passing on the left.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction, unless the left side is clearly visible and is free from oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet (100′) of any vehicle approaching from the opposite direction.

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55-8-197(a)(2)

§ 55-8-120. Further limitations on driving to left of center of roadway.

(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
1. (1) When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within three hundred feet (300′) or such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
2. (2) When approaching within one hundred feet (100′) of or traversing any intersection or railroad grade crossing; or
3. (3) When the view is obstructed upon approaching within one hundred feet (100′) of any bridge, viaduct or tunnel.
(b) The limitations of subsection (a) shall not apply upon a one-way roadway.

§ 55-8-121. No-passing zones.

The department of transportation is authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of those zones. When these signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

§ 55-8-122. One-way roads and rotary traffic islands.

(a) The department of transportation may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.
(b) Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
(c) A vehicle passing around a rotary traffic island shall be driven only to the right of the island.

§ 55-8-123. Driving on roadways laned for traffic.

Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this section, shall apply:
1. (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety;
2. (2) Upon a roadway that is divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of this allocation;
3. (3) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such sign; and
4. (4)
  1. (A) Where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five (5) or more vehicles are formed in line, shall turn or pull off the roadway wherever sufficient area exists to do so safely, in order to permit vehicles following it to proceed. As used in this subdivision (4), a slow-moving vehicle is one which is proceeding at a rate of speed that is ten miles per hour (10 mph) or more below the lawful maximum speed for that particular roadway at that time;
  2. (B) Any person failing to conform with subdivision (4)(A) shall receive a warning citation on first offense and be liable for a fine of twenty dollars ($20.00) on second offense, and fifty dollars ($50.00) on third and subsequent offenses;
  3. (C) Subdivision (4)(A) shall not apply to funeral processions, school buses, farm tractors, or implements of husbandry.

§ 55-8-124. Following too closely.

(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.
(b) The driver of any motor truck or motor vehicle towing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle towing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy that space without danger, except that this shall not prevent a motor truck or motor vehicle towing another vehicle from overtaking and passing any like vehicle or other vehicle.
(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy the space without danger. This subsection (c) does not apply to funeral processions.
(d) Except for a motor vehicle in a platoon, no motor truck of more than one and one-half ton rated capacity shall approach any other motor truck of like or greater capacity proceeding in the same direction on any of the highways of this state without the corporate limits of any municipality at a distance nearer than three hundred feet (300′), except in overtaking and passing such other trucks, or unless one (1) or both of these trucks have come to a stop or except in rendering assistance to a disabled or partly disabled truck.
(e) A violation of this section is a Class C misdemeanor.

§ 55-8-125. Driving on divided highways.

Whenever any highway has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any dividing space, barrier or section, except through an opening in the physical barrier or dividing section or space or at a cross-over or intersection established by public authority.

§ 55-8-126. Restricted access.

(a) No person shall drive a vehicle onto or from any controlled-access roadway except at entrances and exits that are established by public authority.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-127. Restrictions on use of controlled-access roadway. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

(a) The department of transportation and local authorities may, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of that roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motorscooter.
(b) The department or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the controlled-access roadway on which the regulations are applicable, and when the signs are erected, a person who disobeys the restrictions stated on the signs commits a Class C misdemeanor.

§ 55-8-127. Restrictions on use of controlled-access roadway. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) The department of transportation and local authorities may, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of that roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle.
(b) The department or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the controlled-access roadway on which the regulations are applicable, and when the signs are erected, a person who disobeys the restrictions stated on the signs commits a Class C misdemeanor.

§ 55-8-128. Vehicle approaching or entering intersection.

(a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway or drive.
(b) When two (2) vehicles enter an intersection from different highways or drives at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(c) The right-of-way rules declared in subsections (a) and (b) are modified at through highways and otherwise as hereinafter stated in this chapter and chapter 10, parts 1-5 of this title.
(d) As used in this section:
1. (1) “Drive” means any way that is open to the use of the public for purposes of vehicular travel and that leads into or from premises that are generally frequented by the public at large; and
2. (2) “Intersection” includes the area within which vehicles traveling upon a highway and a drive that join one another at any angle may come in conflict.

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§ 55-8-129. Vehicle turning left at intersection.

(a) The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but the driver, having so yielded and having given a signal when and as required by this chapter, may make the left turn, and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.
(b) As used in this section, “drive” and “intersection” have the same meanings as defined in § 55-8-128.

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55-8-197(a)(3)

§ 55-8-130. Vehicle entering through highway or stop intersection.

(a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
(b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one (1) or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.
(c)
1. (1) The driver of a vehicle who is faced with a yield sign at the entrance to a through highway, drive, or other public roadway is not necessarily required to stop, but is required to exercise caution in entering the highway, drive, or other roadway and to yield the right-of-way to other vehicles which have entered the intersection from the highway, drive, or other roadway, or which are approaching so closely on the highway, drive, or other roadway as to constitute an immediate hazard, and the driver having so yielded may proceed when the way is clear.
2. (2) Where there is provided more than one (1) lane for vehicular traffic entering a through highway, drive, or other public roadway, if one (1) or more lanes at the entrance are designated a yield lane by an appropriate marker, this subsection (c) shall control the movement of traffic in any lane so marked with a yield sign, even though traffic in other lanes may be controlled by an electrical signal device or other signs, signals, markings or controls.
3. (d) As used in this section, “drive” and “intersection” have the same meanings as defined in § 55-8-128.

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55-8-197(a)(3)

§ 55-8-131. Vehicle entering highway from drive, private road, or private driveway.

The driver of a vehicle about to enter or cross a highway from a drive, private road, or private driveway shall yield the right-of-way to all vehicles approaching on the highway. As used in this section, “drive” has the same meaning as defined in § 55-8-128.

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55-8-197(a)(3)

§ 55-8-132. Operation of vehicles and streetcars on approach of emergency vehicle and when approaching certain stationary vehicles.

(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the applicable laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only:
1. (1) The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and
2. (2) Upon the approach of an authorized emergency vehicle, as stated above, the operator of every streetcar shall immediately stop the streetcar clear of any intersection and keep it in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) Upon approaching a stationary authorized emergency vehicle, when the vehicle is giving a signal by use of flashing lights, a person who drives an approaching vehicle shall:
1. (1) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
2. (2) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
(c)
1. (1) Upon approaching a stationary recovery vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle, when the vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall:
  1. (A) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary recovery vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
  2. (B) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
2. (2) Upon approaching a stationary vehicle that is giving a signal by use of flashing hazard lights, a person who drives an approaching vehicle shall:
  1. (A) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
  2. (B) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
(d) For the purpose of this section unless the context otherwise requires:
1. (1) “Highway maintenance vehicle” means a vehicle used for the maintenance of highways and roadways in this state and is:
  1. (A) Owned or operated by the department of transportation, a county, a municipality or other political subdivision of this state; or,
  2. (B) Owned or operated by a contractor under contract with the department of transportation, a county, a municipality or other political subdivision of this state;
2. (2) “Recovery vehicle” means a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles; and
3. (3) “Utility” means any person, municipality, county, metropolitan government, electric cooperative, telephone cooperative, board, commission, district or any entity created or authorized by public act, private act, or general law to provide electricity, natural gas, water, waste water services, telephone services, or any combination thereof, for sale to consumers in any particular service area.
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(e)
1. (1) The first violation of this section is a Class B misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), or imprisonment not longer than thirty (30) days, or both.
2. (2) A second violation of this section is a Class B misdemeanor punishable by a fine of one thousand dollars ($1,000).
3. (3) A third or subsequent violation of this section is a Class A misdemeanor punishable by a fine of two thousand five hundred dollars ($2,500).
(f) This section shall not operate to relieve the driver of a stationary motor vehicle, authorized emergency vehicle, recovery vehicle, solid waste vehicle, or highway maintenance vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the highway.
(g)
1. (1) A person violating this section may also be prosecuted and convicted for the offense of:
  1. (A) The Class E felony of criminally negligent homicide under § 39-13-212, if the conduct giving rise to the violation of this section is criminally negligent, as defined in § 39-11-302(d), and results in the death of another;
  2. (B) The Class D felony of reckless homicide under § 39-13-215, if the conduct giving rise to the violation of this section is reckless, as defined in § 39-11-302, and results in the killing of another; and
  3. (C) The Class C felony of vehicular homicide under § 39-13-213, if the conduct giving rise to the violation of this section is reckless, as defined in § 39-11-302(c), proximately results in the killing of another and the conduct created a substantial risk of death to another.
2. (2) Nothing in subdivision (g)(1) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense.
(h) Upon approaching a stationary motor vehicle that is located on the shoulder, emergency lane, or median and the vehicle is giving a signal by use of flashing lights, a person who drives an approaching vehicle shall:
1. (1) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the motor vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
2. (2) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

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§ 55-8-133. Pedestrians subject to traffic regulations.

(a) Pedestrians shall be subject to traffic-control signals at intersections as provided in § 55-8-110, and at all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter and chapter 10, parts 1-5 of this title.
(b) Local authorities are empowered to require by ordinances that pedestrians strictly comply with the directions of any official traffic-control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk.

§ 55-8-134. Pedestrians' right-of-way in crosswalks.

(a)
1. (1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
2. (2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Subsection (a) does not apply under the conditions stated in § 55-8-135(b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

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55-8-197(a)(4)

§ 55-8-135. Crossing at other than crosswalks.

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
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(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

§ 55-8-136. Drivers to exercise due care.

(a) Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
(b) Notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm.
(c) A violation of this section is a Class C misdemeanor.

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55-8-197(a)(5)

§ 55-8-137. Pedestrians to use right half of crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

§ 55-8-138. Pedestrians on roadways.

(a) Except as provided in this section, where sidewalks are provided, it is unlawful for any pedestrian to walk or use a wheelchair along and upon an adjacent roadway.
(b) Where sidewalks are not provided or are obstructed, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction.
(c) Where sidewalks are not provided, are obstructed or are not wheelchair accessible, any person using a wheelchair along and upon a highway shall, when practicable, use the wheelchair on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction; provided, that a person using a wheelchair along and upon a highway may use the wheelchair on the right side of the roadway or its shoulder if it is convenient or reasonably necessary for travel by the person.
(d) A violation of this section is a Class C misdemeanor.

§ 55-8-139. Limitations on where person may stand along roadway.

(a) No person shall stand in a roadway for the purpose of soliciting a ride or employment from the occupant of any vehicle.
(b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(c) No person shall loiter or conduct any commercial activity in, or in proximity to, the median of a state highway.
(d) Subsection (c) does not apply to:
1. (1) Employees of, or agents, contractors, or other persons under contract with, or acting on behalf of, the department of transportation; and
2. (2) Employees of, or agents, contractors, or other persons who are under contract with, or acting on behalf of, a county, municipality, or other political subdivision of this state or a utility, and who are permitted by the department of transportation to stand or conduct any activity in, or in proximity to, the median of a state highway.
(e) A violation of this section is a Class C misdemeanor; except, that a person who violates subsection (c) shall receive a warning citation for a first offense.

§ 55-8-140. Required position and method of turning at intersections.

The driver of a vehicle intending to turn at an intersection shall do so as follows:
1. (1) Right Turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;
2. (2) Left Turns on Two-way Roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the center line where it enters the intersection, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection;
3. (3) Left Turns on Other Than Two-way Roadways. At any intersection where traffic is restricted to one (1) direction on one (1) or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the driver's vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in that direction upon the roadway being entered;
4. (4) Local Instructions. Local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by those markers, buttons or signs; and
5. (5) Two-way Left Turn Lanes. Where a special lane for making left turns by drivers proceeding in opposite directions has been established:
  1. (A) A left turn shall not be made from any other lane unless a vehicle cannot safely enter the turn lane;
  2. (B) A vehicle shall not be driven in the left turn lane except when preparing for or making a left turn from or into the roadway;
  3. (C) A vehicle shall not use the left turn lane solely for the purpose of passing another vehicle;
  4. (D) A vehicle shall not enter a left turn lane more than a safe distance from the point of the intended turn;
  5. (E) When any vehicle enters the turn lane, no other vehicle proceeding in an opposite direction shall enter that turn lane if that entrance would prohibit the vehicle already in the lane from making the intended turn; and
  6. (F) When vehicles enter the turn lane proceeding in opposite directions, the first vehicle to enter the lane shall have the right-of-way.

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55-8-142(a)

§ 55-8-141. Turning on curve or crest of grade prohibited — Penalty.

(a) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500′).
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-142. Turning movements — Signal for stop or decrease in speed.

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 55-8-140, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway, unless and until this movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in §§ 55-8-143 and 55-8-144 in the event any other traffic may be affected by this movement.
(b) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give this signal.

§ 55-8-143. Signals for turns.

(a) Every driver who intends to start, stop or turn, or partly turn from a direct line, shall first see that that movement can be made in safety, and whenever the operation of any other vehicle may be affected by such movement, shall give a signal required in this section, plainly visible to the driver of the other vehicle of the intention to make such movement.
(b) The signal required in this section shall be given by means of the hand and arm, or by some mechanical or electrical device approved by the department of safety, in the manner specified in this section. Whenever the signal is given by means of the hand and arm, the driver shall indicate the intention to start, stop, or turn, or partly turn, by extending the hand and arm from and beyond the left side of the vehicle, in the following manner:
1. (1) For left turn, or to pull to the left, the arm shall be extended in a horizontal position straight from and level with the shoulder;
2. (2) For right turn, or pull to the right, the arm shall be extended upward; and
3. (3) For slowing down or to stop, the arm shall be extended downward.
(c) These signals shall be given continuously for a distance of at least fifty feet (50′) before stopping, turning, partly turning, or materially altering the course of the vehicle.
(d) Drivers having once given a hand, electrical or mechanical device signal, must continue the course thus indicated, unless they alter the original signal and take care that drivers of vehicles and pedestrians have seen and are aware of the change.
(e) Drivers receiving a signal from another driver shall keep their vehicles under complete control and shall be able to avoid an accident resulting from a misunderstanding of the signal.
(f) Drivers of vehicles, standing or stopped at the curb or edge before moving these vehicles, shall give signals of their intention to move into traffic, as provided in this section, before turning in the direction the vehicle shall proceed from the curb.

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§ 55-8-144. Signals by hand and arm or signal device.

(a) Any stop or turn signal required by this chapter shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device approved by the department of safety as provided in § 55-8-143, except as otherwise provided in subsection (b).
(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device approved by the department when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the motor vehicle exceeds twenty-four inches (24″), or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet (14′). The latter measurement shall apply to any single vehicle, also to any combination of vehicles.

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§ 55-8-145. Obedience to signal indicating approach of train or other on-track equipment — Penalty.

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail of the railroad, and shall not proceed until that driver can do so safely. These requirements shall apply when:
1. (1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment, which shall mean any self-propelled machinery or vehicle traveling on a railroad track;
2. (2) A crossing gate is lowered or when a human flagger gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;
3. (3) A railroad train or other on-track equipment approaching within approximately one thousand five hundred feet (1,500′) of the highway crossing emits a signal audible from such distance and the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard; or
4. (4) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
(c) A violation of this section is a Class C misdemeanor.

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§ 55-8-146. All vehicles must stop at certain railroad grade crossings — Statutes not to affect common law right of recovery — Penalty.

(a) The department of transportation, and local authorities, with the approval of the department, are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those locations. When stop signs are erected, the driver of any vehicle shall stop within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail of the railroad and shall proceed only upon exercising due care.
(b) None of the provisions of §§ 55-8-145 — 55-8-147 shall be construed as abridging or in any way affecting the common law right of recovery of litigants in damage suits that may be pending or brought against any railroad company or other common carrier.
(c) A violation of this section is a Class C misdemeanor.

§ 55-8-147. Certain vehicles must stop at all railroad grade crossings.

(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus whether or not the school bus is carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail of the railroad, and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, except as provided in this section, and shall not proceed until the driver can do so safely. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
(b) No stop need be made at any crossing where a police officer or a traffic-control signal directs traffic to proceed.
(c) A violation of subsection (a) is a Class B misdemeanor.

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§ 55-8-148. Moving heavy equipment at railroad grade crossings.

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or load clearance of less than one-half inch (½″) per foot of the distance between any two (2) adjacent axles or in any event of less than nine inches (9″), measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Before making any such crossing, the person operating or moving the vehicle or equipment described in subsection (a) shall first stop the same not less than fifteen feet (15′) nor more than fifty feet (50′) from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(c) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be made under the flagger's direction.

§ 55-8-149. Requirements for stop signs — Vehicles and streetcars must stop at stop signs — Penalty.

(a) Every stop sign shall bear the word “Stop” in letters not less than eight inches (8″) in height and the sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign.
(b) Every stop sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as close as practicable to the nearest line of the roadway.
(c) Every driver of a vehicle and every operator of a streetcar approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver or operator has a view of approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic control signal.
(d) A violation of this section is a Class C misdemeanor.

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55-8-130(a)

§ 55-8-150. Emerging from alley, driveway or building.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.

§ 55-8-151. Overtaking and passing school, youth or church bus — Markings — Discharging passengers — Penalties — Installation of cameras on school buses.

(a)
1. (1) The driver of a vehicle upon a highway, upon meeting or overtaking from either direction any school bus that has stopped on the highway for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus, and the driver shall not proceed until the school bus resumes motion or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. Subsection (a) shall also apply to a school bus with lights flashing and stop sign extended and marked in accordance with this subsection (a) that is stopped upon property owned, operated, or used by a school or educational institution, if the bus is stopped for the purpose of receiving or discharging any school children outside a protected loading zone.
2. (2) All motor vehicles used in transporting school children to and from school in this state are required to be distinctly marked “School Bus” on the front and rear thereof in letters of not less than six inches (6″) in height, and so plainly written or printed and so arranged as to be legible to persons approaching the school bus, whether traveling in the same or opposite direction.
3. (3)
  1. (A) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus that is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
  2. (B) For the purpose of this subsection (a), “separate roadways” means roadways divided by an intervening space that is not suitable to vehicular traffic.
4. (4) Except as otherwise provided by subdivisions (a)(1)-(3), the school bus driver is required to stop the school bus on the right-hand side of the road or highway, and the driver shall cause the bus to remain stationary and the visual stop signs on the bus actuated, until all school children who should be discharged from the bus have been so discharged and until all children whose destination causes them to cross the road or highway at that place have negotiated the crossing.
5. (5)
  1. (A) It is a Class C misdemeanor for a person to fail to comply with any provision of this subsection (a) other than the requirement that a motor vehicle stop upon approaching a school bus.
  2. (B) It is a Class A misdemeanor punishable only by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) for a person to fail to comply with the provision of this subsection (a) requiring a motor vehicle to stop upon approaching a school bus; except, that a second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor punishable only by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
  3. (C) A person who violates subdivision (a)(1) and strikes another person with a vehicle, commits a Class E felony; provided, that the person commits a Class C felony if the striking results in the death of the other person.
6. (6) Subdivisions (a)(1)-(5) shall not be applicable to the vehicles of street railway companies, as defined in [former] § 65-16-101 [repealed], while those vehicles are being used for the transportation of school children within a municipality or its environs in the area over which a municipality or a municipal regulatory agency has regulatory jurisdiction under [former] § 65-16-101 [repealed].
(b) Local education agencies (LEAs) are authorized to display a sticker on the rear of school buses directing drivers to remain at a distance of at least one hundred feet (100′) while the bus is in motion, except when lawfully overtaking and passing the school bus. The department of safety shall develop uniform standards for the stickers.
(c)
1. (1) A local education agency (LEA) may purchase, install, operate, and maintain cameras on the exterior of school buses, or may enter into a contract with a private vendor to purchase, install, operate, and maintain cameras on the exterior of school buses, whether owned, contracted, or leased by the LEA, and provide other services related to violations of subdivision (a)(1), on behalf of the LEA, for the purpose of recording images of motor vehicles that are in violation of subdivision (a)(1) for failing to stop upon approaching a school bus.
2. (2) An LEA that installs cameras on the exterior of school buses in accordance with subdivision (c)(1) shall enter into a memorandum of understanding with local law enforcement that includes, but is not limited to, the review of evidence from a camera and overall enforcement. Only POST-certified or state-commissioned law enforcement officers, including school resource officers, as defined in § 49-6-4202, are authorized to review evidence from a camera to determine whether a violation of subdivision (a)(1) has occurred.
3. (3)
  1. (A) In lieu of prosecution for an offense under subdivision (a)(5)(B), where evidence of the offense is based solely from a camera that has been installed on the exterior of a school bus, a person may be issued a notice of violation or citation; however, this subdivision (c)(3)(A) does not preclude the state from prosecuting an offense under subdivision (a)(5)(B), where evidence of the offense is based solely from such camera if the state meets the burden of proof set out in § 39-11-201.
  2. (B) A notice of violation or citation issued for a violation of subdivision (a)(1) that is based solely upon evidence from a camera that has been installed on the exterior of a school bus is considered a nonmoving traffic violation.
  3. (C) The registered owner of the motor vehicle is responsible for payment of a notice of violation or citation; provided, that the owner is not responsible for the violation if the owner submits documentation in accordance with § 55-8-198(e).
  4. (D) The fine for a first notice of violation or citation under this subdivision (c)(3) is two hundred fifty dollars ($250), and the fine for a second or subsequent notice of violation or citation is five hundred dollars ($500).
4. (4)
  1. (A) Notices of violations or citations must be sent in accordance with § 55-8-198(b)(1) to the registered owner of the vehicle that was captured by the camera.
  2. (B) Photographs or video produced by a camera that has been installed on the exterior of a school bus are prima facie evidence that the vehicle described in the citation was operated in violation of subdivision (a)(1). Photographs or video produced by a camera that has been installed on the exterior of a school bus, together with proof that the defendant was the registered owner of the vehicle at the time of the violation, create an inference that the owner of the vehicle was the driver of the vehicle at the time of the alleged violation. The inference may be rebutted if the owner of the vehicle submits documentation in accordance with § 55-8-198(e).
  3. (C) A citation based solely upon evidence obtained from a camera that has been installed on the exterior of a school bus is deemed invalid if the registration information of the motor vehicle for which the citation is issued is not consistent with the evidence recorded by the camera.
5. (5) For a violation of subdivision (a)(1), there is a presumption that the photographs or video produced by a camera that has been installed on the exterior of a school bus provide evidence that the school bus was stopped for the purpose of receiving or discharging school children.
6. (6) Photographs or video produced by a camera that has been installed on the exterior of a school bus depicting a violation of subdivision (a)(1) must be made available for inspection in any proceeding in which the citation or violation is being contested.
7. (7) The notice of violation or citation must include:
  1. (A) The date, location, and time of the alleged violation;
  2. (B) The amount of the fine being assessed;
  3. (C) The means by which the owner may elect to shift responsibility for the payment of the citation to the operator of the vehicle at the time of the alleged violation pursuant to § 55-8-198(e); and
  4. (D) Information detailing the process for contesting the citation, including the applicable court having jurisdiction.
8. (8)
  1. (A) One hundred percent (100%) of the proceeds from any fine imposed under this section that is based solely upon evidence obtained from a camera installed on the exterior of a school bus must be allocated to the LEA without being designated for any particular purpose.
  2. (B)
    1. (i) The LEA may use the proceeds for the purpose of defraying the costs of purchasing, installing, operating, or maintaining the camera, or reimbursing or compensating the vendor with which the LEA contracted regarding the purchase, installation, operation, or maintenance of the camera, the provision of other services related to violations of subdivision (a)(1), or reimbursement to law enforcement for costs related to review and enforcement of violations of subsection (a)(1) allowable under the law.
    2. (ii) If the LEA uses the proceeds for the purpose of reimbursing or compensating a vendor with which the LEA contracted regarding the purchase, installation, operation, or maintenance of the camera, or the provision of other services, then the LEA shall create procedures for such reimbursement or compensation and shall maintain records of the reimbursement or compensation.
9. (9) No more than one (1) citation shall be issued for each distinct and separate traffic offense in violation of subdivision (a)(1) or a municipal ordinance or law that mirrors, substantially duplicates, or incorporates by cross-reference the language of subdivision (a)(1).
10. (10) Any LEA that contracts for transportation services with any persons or entities that own school buses, shall include in each contract a provision requiring the owner to allow the LEA, private vendor, or local law enforcement agency reasonable access to the bus for the purposes of installing, maintaining, or inspecting cameras or obtaining, gathering, or transmitting recorded images from the camera to enforce subdivision (a)(1).
11. (11) Any photograph or video recorded by a camera in accordance with this subsection (c) is admissible as evidence in any proceeding alleging a violation of subsection (a) if the photograph or video meets the standards of admissibility set forth in the Tennessee Rules of Evidence.
12. (12) As used in this subsection (c):
  1. (A) “Camera” means any device that is capable of:
    1. (i) Producing a digital photograph, recorded video, or other recorded image, including an image of a motor vehicle passing or overtaking a school bus and the vehicle's license plate; and
    2. (ii) Recording the time, date, and location of a vehicle at the time the image is recorded;
  2. (B) “Local education agency” or “LEA” means the same as defined by § 49-1-103; and
  3. (C) “School bus” means every motor vehicle owned by a county, city, local board of education, LEA, or private contractor that is operated for the transportation of students to or from any public school or public school-related activities.
(d)
1. (1)
  1. (A) The driver of a vehicle on a highway upon meeting or overtaking from either direction any church bus which has stopped on the highway for the purpose of receiving or discharging passengers shall stop the vehicle before reaching the church bus, and the driver shall not proceed until the church bus resumes motion or is signaled by the church bus driver to proceed or the visual signals on the bus are no longer actuated.
  2. (B) This subsection (d) shall not apply unless the church bus has the same type of safety equipment indicating the bus has stopped as is required for school buses.
2. (2) All motor vehicles used in transporting passengers to and from churches in this state are required to be distinctly marked “Church Bus” on the front and rear thereof in letters of not less than six inches (6″) in height and so plainly written or printed and so arranged as to be legible to persons approaching the church bus, whether traveling in the same or the opposite direction.
3. (3)
  1. (A) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a church bus which is on a different roadway or when upon a controlled access highway and the church bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
  2. (B) For the purpose of subdivision (d)(3)(A), “separate roadways” means roadways divided by an intervening space that is not suitable to vehicular traffic.
4. (4) Except as otherwise provided by this subsection (d), the church bus driver is required to stop the church bus on the right-hand side of the road or highway, and the driver shall cause the bus to remain stationary and the visual stop signs on the bus actuated until all passengers who should be discharged from the bus have been so discharged and until all passengers whose destination causes them to cross the road or highway at that place have negotiated the crossing.
5. (5) Any person failing to comply with the requirements of this subsection (d), requiring motor vehicles to stop upon approaching church buses, or violating any of this subsection (d), commits a Class C misdemeanor.
(e)
1. (1)
  1. (A) The driver of a vehicle on a highway upon meeting or overtaking from either direction any youth bus that has stopped on the highway for the purpose of receiving or discharging passengers shall stop the vehicle before reaching the youth bus, and the driver shall not proceed until the youth bus resumes motion or is signaled by the youth bus driver to proceed or the visual signals on the bus are no longer actuated.
  2. (B) Subdivision (e)(1)(A) shall not apply unless the youth bus has the same type of safety equipment indicating the bus has stopped as is required for school buses.
2. (2) All motor vehicles owned by corporations or organizations used in transporting child passengers to and from child care centers in this state or to and from the activities of religious, charitable, scientific, educational, youth service or athletic institutions or organizations are required to be distinctly marked “Youth Bus” on the front and rear thereof in letters of not less than six inches (6″) in height and so plainly written or printed and so arranged as to be legible to persons approaching such youth bus, whether traveling in the same or the opposite direction.
3. (3)
  1. (A) The driver of a vehicle upon a highway with separate roadways needs not stop upon meeting or passing a youth bus that is on a different roadway or when upon a controlled access highway and the youth bus is stopped in a loading zone that is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
  2. (B) For the purpose of subdivision (e)(3)(A), “separate roadways” means roadways divided by an intervening space that is not suitable to vehicular traffic.
4. (4) Except as otherwise provided by this subsection (e), the youth bus driver is required to stop the youth bus on the right-hand side of the road or highway, and the driver shall cause the bus to remain stationary and the visual stop signs on the bus actuated until all passengers who should be discharged from the bus have been so discharged and until all passengers whose destination causes them to cross the road or highway at that place have negotiated the crossing.
5. (5) Any person failing to comply with the requirements of this subsection (e), requiring motor vehicles to stop upon approaching youth buses, or violating any of this subsection (e), commits a Class C misdemeanor.
6. (6) For purposes of this subsection (e), a “youth bus” means a motor vehicle designed for carrying not less than fifteen (15) passengers and used for the transportation of persons.

§ 55-8-152. Speed limits — Penalties.

(a) Except as provided in subsection (c), it is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of this state in excess of sixty-five miles per hour (65 mph).
(b) “Truck,” as used in this section, means any motor vehicle of one and one-half (1½) ton rated capacity or more.
(c) On all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle or a truck at a rate of speed in excess of seventy miles per hour (70 mph). In the left-hand lane of all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle at a rate of speed less than fifty-five miles per hour (55 mph).
(d)
1. (1)
  1. (A) Except as provided for certain counties in subdivision (d)(2), counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to school grounds that are devoted primarily to normal school day activity. Such speed limit shall be enacted based on an engineering investigation, shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present.
  2. (B) In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who shall drive at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of ninety (90) minutes before the opening hour of a school or a period of ninety (90) minutes after the closing hour of a school, while children are actually going to or leaving school, shall be prima facie guilty of reckless driving.
  3. (C) The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
  4. (D) A municipality may adopt an ordinance by majority vote of the municipal governing body to establish a special speed limit upon a public road, street, or highway within its jurisdiction that is adjacent to or within one-fourth (1/4) mile of a zone classified by the municipality for residential use. Notwithstanding another law to the contrary, a violation of the special speed limit established pursuant to this subdivision (d)(1)(D) is a Class C misdemeanor, punishable by fine only of two hundred dollars ($200).
2. (2) In counties of not less than forty-three thousand seven hundred (43,700) nor more than forty-three thousand eight hundred (43,800) and counties of not less than one hundred forty-three thousand (143,000) nor more than one hundred forty-five thousand (145,000) and counties of not less than eighty-five thousand seven hundred twenty-five (85,725) nor more than eighty-five thousand eight hundred twenty-five (85,825) and counties of not less than four hundred seventy-seven thousand eight hundred (477,800) nor more than four hundred seventy-seven thousand nine hundred (477,900), according to the 1980 federal census or any subsequent federal census, counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to or within one-fourth (¼) mile of school grounds that are devoted to normal school day activities. Such speed limit shall be enacted based on an engineering investigation and shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation. In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who drives at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of forty (40) minutes before the opening hour of a school or a period of forty (40) minutes after the closing hour of a school, while children are actually going to or leaving school, is prima facie guilty of reckless driving. The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
(e)
1. (1) The fees of sheriffs, deputy sheriffs and other police officers, other than salaried officers, for making arrests for violations of the speed restrictions of this chapter, shall be one dollar ($1.00).
2. (2) The reference to sheriffs, deputy sheriffs and other police officers in subdivision (e)(1) also includes constables in counties of this state having a population of:
  3. 3,7004,700
  4. 6,0007,800
  5. 8,4008,500
  6. 8,5358,540
  7. 9,2009,570
  8. 10,77010,780
  9. 11,51211,550
  10. 11,70011,900
  11. 12,00013,000
  12. 14,50014,600
  13. 15,30015,500
  14. 15,75016,000
  15. 17,00017,350
  16. 18,00018,200
  17. 18,30018,900
  18. 19,00019,100
  19. 21,00021,500
  20. 21,60022,300
  21. 23,20023,350
  22. 23,35523,391
  23. 23,39123,450
  24. 23,50023,750
  25. 24,00024,255
  26. 25,60027,500
  27. 27,90028,000
  28. 28,55528,600
  29. 29,25031,250
  30. 31,26033,000
  31. 33,70034,000
  32. 35,48041,800
  33. 41,90050,000
  34. 57,55059,400
  35. 59,50060,050
  36. 60,60062,000
  37. 64,00065,000
  38. 101,000118,400
  39. 118,700200,000
3. according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties.
(f)
1. (1)
  1. (A) Notwithstanding this section to the contrary, the department is authorized to lower the speed limits prescribed in this section, and on the state system of roads and highways, as it deems appropriate due to concerns regarding the roadway, traffic, or other conditions. This authorization to reduce the speed limits set by this section shall be in addition to the authority conveyed by § 55-8-153.
  2. (B) When the department determines that it is necessary to reduce the speed limits set in subsection (a), the commissioner shall so indicate the reduced speed limit via a letter of policy statement, and the commissioner shall cause signs indicating the new speed limit to be erected.
  3. (C) Subject to § 55-8-153(c), the municipalities of the state are authorized to set speed limits on the public roads and streets within their jurisdictions that are not a part of the interstate and national defense highway system nor any access controlled highway on the state road and highway system. In addition, the counties of this state are authorized to set speed limits on the public roads and highways within their jurisdiction that are not a part of the interstate or state highway system. The speed limits for both municipalities and counties shall not exceed fifty-five miles per hour (55 mph).
2. (2) Notwithstanding any law to the contrary, during the period in which this subsection (f) is in effect, any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of fifty-five miles per hour (55 mph) but less than seventy-five miles per hour (75 mph) on a highway of the interstate and defense highway system or a four-lane controlled-access highway which are federal or state highways, or in excess of fifty-five miles per hour (55 mph) or less than sixty-five miles per hour (65 mph) on a highway or road which has an existing speed limit of sixty-five miles per hour (65 mph) as of March 1, 1974, shall be charged with speeding and upon conviction shall not be fined more than the maximum fine nor less than the minimum fine for speeding as provided by law for that violation, nor shall any costs be imposed or assessed against the person. Costs shall be imposed in such cases should the person fail to appear or answer the traffic citation as required by law. The conviction shall not be reported to the department of safety under §§ 55-10-306 and 55-12-115. Such person shall not be required to attend driver education course as provided in § 55-10-301. The conviction for speeding shall not result in suspension or revocation of operator's or chauffeur's license unless the excess speed constitutes reckless driving, as set out herein. This subsection (f) shall not apply to trucks as defined in subsection (b) when traveling in excess of sixty-five miles per hour (65 mph) on all highways of the interstate and defense highway system and four-laned controlled-access highways, which are federal or state routes of this state or when traveling in excess of fifty-five miles per hour (55 mph) on any other highways of this state. A violation of this subsection (f) is a Class C misdemeanor. However, notwithstanding any law to the contrary, a violation of the reduced speed limits set by the department of transportation, pursuant to § 55-8-153, is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The amount of the fine imposed pursuant to § 55-8-153 shall not be less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). Notwithstanding any provision of this subsection (f) to the contrary, no provision of this subsection (f), nor of § 55-8-153, shall be construed so as to prevent the entry of a suspended sentence upon the conviction of a defendant for the first violation of the enhanced penalties provided for when the violation occurs within a work zone and when employees of the department of transportation or construction workers are present and when the trier of fact determines that extraordinary circumstances lead to the violation.
(g)
1. (1) Notwithstanding any law to the contrary, any county having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census may assess any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of the posted speed limits an additional fine of five dollars ($5.00). This fine shall be in addition to any fine assessed under this or any other applicable section.
2. (2) Fines collected pursuant to subdivision (g)(1) shall be placed in a fund to be established by such county. The fund shall be for the sole purpose of erecting and maintaining highway signs.
3. (3) This subsection (g) shall have no effect unless it is approved by a two-thirds (⅔) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state.
(h) Notwithstanding any law or regulation to the contrary, only the department of transportation has the authority to set speed limits on access-controlled roadways designated as being on the state system of highways and on roadways designated as being on the state system of interstate highways.

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§ 55-8-153. Establishment of speed zones.

(a) The department of transportation is empowered to lower the speed limits prescribed in § 55-8-152 in business, urban or residential districts, or at any congested area, dangerous intersection or whenever and wherever the department shall determine, upon the basis of an engineering and traffic investigation, that the public safety requires a lower speed limit.
(b) Appropriate signs giving notice of the lower speed limit shall be erected by the department at such places or put on the highway where the prescribed speed limits are effective.
(c)
1. (1)
  1. (A) The legislative authorities of municipalities shall possess the power to prescribe lower speed limits on highways designated as state highways in their respective jurisdictions when, on the basis of an engineering and traffic investigation, it is shown that the public safety requires a lower speed limit.
  2. (B) Engineering and traffic investigations used to establish special speed zone locations and speed limits by municipalities on state highways shall be made in accordance with established traffic engineering practices and in a manner that conforms to the Tennessee manual on uniform traffic control devices (MUTCD). The investigations shall be documented and documentation shall be maintained by the jurisdiction performing or sponsoring the investigation.
  3. (C) All signs, signals and other forms of public notification of the speed limits, road hazards and other traffic conditions shall comply with the MUTCD.
2. (2) The legislative bodies of municipalities shall also possess the power to prescribe lower speed limits within certain areas or zones, or on designated highways, avenues or streets that are not designated as state highways in their respective jurisdictions, and to erect appropriate signs and traffic signals.
1 Backlink
- 55-8-152(f)(1)(C)
(d) The legislative body of any county, except the legislative bodies of any counties having a commission form of government, has the power to prescribe such lower speed limits as it may deem appropriate on any road being maintained by the county and shall erect appropriate signs and traffic signals. In those counties having a commission form of government, the board of commissioners has the power prescribed in this section.
(e) A violation of the speed limits established by the department pursuant to subsection (a) is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The department, or its agents, are directed to indicate the presence of workers or department employees with signs with flashing amber lights; provided, that this penalty is applicable in highway construction zones only to those speeding violations that have been detected by radar, infrared or similar detection devices. The amount of the fine imposed pursuant to subsection (a) for violations that occur in work zones where the speed limits have been reduced by the department and when employees of the department or construction workers are present shall be not less than two hundred fifty dollars ($250).

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§ 55-8-154. Minimum speed regulation — Turnouts — Passing bays — Penalties — Inapplicable to farm tractors or implements of husbandry.

(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(b) Whenever the department of transportation or a local authority within its respective jurisdiction determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the department or local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
(c) Wherever there exists, at or near the top of any hill or grade, a turnout, passing bay or parking area adjacent to and to the right of any traffic lane of any state or federal highway within the state, any person driving or operating a truck or other slow-moving vehicle upon such traffic lane shall drive the truck or other slow-moving vehicle into and stop the same upon the turnout, passing bay or parking area and permit faster-moving vehicles following the truck or other slow-moving vehicle whose progress is being retarded to pass; provided, that the turnout, passing bay or parking area is marked by a traffic sign.
(d) This section shall not apply to farm tractors or implements of husbandry.
(e) A violation of this section is a Class C misdemeanor.

§ 55-8-155. Special speed limitation on motor-driven cycles — Penalty. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

(a) No person shall operate any motorscooter at any time at a speed greater than thirty-five miles per hour (35 mph) unless the motorscooter is equipped with a head lamp or lamps that are adequate to reveal a person or vehicle at a distance of three hundred feet (300′) ahead.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-155. Special speed limitation on motor-driven cycles — Penalty. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) No person shall operate any motor-driven cycle at any time at a speed greater than thirty-five miles per hour (35 mph) unless the motor-driven cycle is equipped with a head lamp or lamps that are adequate to reveal a person or vehicle at a distance of three hundred feet (300′) ahead.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-156. Special speed limitations — Penalties.

(a) No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour (10 mph).
(b) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed that can be maintained with safety to such bridge or structure, when the structure is signposted as provided in this section.
(c) The department of transportation, upon request from any local authority, shall, or upon its own initiative may, conduct an investigation of any bridge, or other elevated structure constituting a part of the highway, and if it thereupon finds that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles that the structure can safely withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained at a distance of one hundred feet (100′) before each end of the structure.
(d) Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the department and the existence of the signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.
(e) A violation of this section is a Class C misdemeanor.

§ 55-8-157. Charging violations.

In every charge of violation of any speed regulation in this chapter, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, together with the speed limit applicable within the district or at the location.

§ 55-8-158. Stopping, standing or parking outside of business or residential districts, and entrance or exit ramps of highways.

(a) Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle of not less than eighteen feet (18′) shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of two hundred feet (200′) in each direction upon such highway.
(b)
1. (1) This section shall not apply to the driver of any vehicle that is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle in such position.
2. (2) This section shall not apply to the driver of any vehicle operating as a carrier of passengers for hire and holding a certificate of convenience and necessity, or interstate permit issued by the department of safety or any local regulatory transit authority of the state authorizing the operation of that vehicle upon the roads, streets or highways in Tennessee, while taking passengers on that vehicle, or discharging passengers therefrom; provided, that in every event an unobstructed lane of travel of the highway opposite the standing vehicle shall be left for free passage of other vehicles and a clear view of that stopped vehicle shall be available from a distance of two hundred feet (200′) in either direction upon the highway.
3. (3) This section does not apply to a solid waste vehicle while on the paved or improved main traveled portion of a road, street or highway in a manner and to an extent as is necessary for the sole purpose of collecting municipal solid waste, as defined by § 68-211-802; provided, that such vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; and provided further, that the vehicle is stopped so that a clear view of the stopped vehicle is available from a distance of two hundred feet (200′) in either direction upon the highway. In addition to flashing hazard lights, these vehicles shall be required to maintain special lights visible from both the front and the rear indicating that the truck is stopped. The department of safety is authorized to promulgate rules and regulations regarding special lighting required by this subdivision (b)(3). This subdivision (b)(3) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
4. (4) Subsection (a) does not apply to a recycling vehicle while on the paved or improved main traveled portion of a road, street, or highway in a manner and to an extent as is necessary for the sole purpose of collecting or transporting recovered materials or recyclable materials; provided, that the vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided further, that the vehicle is stopped or standing so that a clear view of the vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. This subdivision (b)(4) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
(c) Notwithstanding subsection (a), no person shall stop, park or leave any motor vehicle, whether attended or unattended, upon the paved or unpaved portions of any entrance or exit ramp of any highway; provided, that a driver of a motor vehicle that has become disabled may leave the vehicle on an entrance or exit ramp until such time as the disabled motor vehicle can be repaired or towed, as long as the vehicle is not obstructing the passage of other motor vehicles. Furthermore, the department may take into consideration an emergency situation or compliance with federal laws.

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§ 55-8-159. Officers authorized to remove illegally stopped vehicles.

(a) Whenever any police officer finds a vehicle standing upon a highway in violation of § 55-8-158, the officer is authorized to move the vehicle, or to require the driver or other person in charge of the vehicle to move it, to a position off the paved or main-traveled part of the highway.
(b) Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel, or on any highway, where the vehicle constitutes an obstruction to traffic, the officer is authorized to provide for the removal of that vehicle to the nearest garage or other place of safety, at the expense of the owner.

§ 55-8-160. Stopping, standing or parking prohibited in specific places — Penalty — Exceptions for disabled veterans and persons with physical disabilities.

(a) No person shall stop, stand or park a vehicle outside of the limits of an incorporated municipality, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
1. (1) On a sidewalk; provided, that a bicycle may be parked on a sidewalk if it does not impede the normal and reasonable movement of pedestrian or other traffic, or such parking is not prohibited by ordinance;
2. (2) In front of a public or private driveway;
3. (3) Within an intersection;
4. (4) Within seven and one-half feet (7½′) to fifteen feet (15′) of a fire hydrant. An incorporated municipality shall determine and shall appropriately identify the distance from a fire hydrant to stop, stand or park a vehicle; provided, that this distance conforms to this subdivision (a)(4);
5. (5) On a crosswalk;
6. (6) Within twenty feet (20′) of a crosswalk at an intersection;
7. (7) Within thirty feet (30′) upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
8. (8) Between a safety zone and the adjacent curb or within thirty feet (30′) of points on the curb immediately opposite the ends of a safety zone, unless the department of transportation or local traffic authority indicates a different length by signs or markings;
9. (9) Within fifty feet (50′) of the nearest rail of a railroad crossing;
10. (10) Within twenty feet (20′) of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75′) of that entrance when properly signposted;
11. (11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
12. (12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
14. (14) At any place where official signs prohibit stopping; and
15. (15) In a parking space clearly identified by an official sign as being reserved for persons with physical disabilities, unless, however, the person driving the vehicle has a physical disability or is parking the vehicle for the benefit of a person with a physical disability. A vehicle parking in such a space shall display a certificate or placard as set forth in chapter 21 of this title, or a disabled veteran's license plate issued under § 55-4-256.
  1 Backlink
  - 55-21-106(b)
(b) Subsection (a) does not apply to a certified police cyclist engaged in the lawful performance of duty using a police bicycle as a barrier or traffic-control device at the scene of an emergency or in response to other calls for police service.
(c) No person shall move a vehicle not lawfully under that person's control into any such prohibited area or away from a curb such distance as is unlawful.
(d)
1. (1) This section shall not apply to the driver of any vehicle that is disabled while on the paved or improved or main traveled portion of a road, street or highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position.
2. (2) This section shall not apply to the driver of any vehicle operating as a carrier of passengers for hire who is authorized to operate such vehicle upon the roads, streets or highways in Tennessee, while taking passengers on the vehicle, or discharging passengers from that vehicle; provided, that the vehicle is stopped so that a clear view of the vehicle shall be obtained from a distance of two hundred feet (200′) in each direction, upon the roads, streets or highways.
3. (3) This section does not apply to a solid waste vehicle while on the paved or improved main traveled portion of a road, street or highway in a manner and to an extent as is necessary for the sole purpose of collecting municipal solid waste, as defined by § 68-211-802; provided, that the vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided further, that the vehicle is stopped so that a clear view of the stopped vehicle shall be available from a distance of two hundred feet (200′) in either direction upon the highway. This subdivision (d)(3) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
4. (4) This section does not apply to a recycling vehicle while on the paved or improved main traveled portion of a road, street, or highway in a manner and to an extent as is necessary for the sole purpose of collecting or transporting recovered materials or recyclable materials; provided, that the vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided further, that the vehicle is stopped or standing so that a clear view of the vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. This subdivision (d)(4) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
(e) A violation of this section is a Class C misdemeanor.

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§ 55-8-161. Additional parking regulations.

(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of the vehicle parallel to and within eighteen inches (18″) of the right-hand curb.
(b)
1. (1) Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within eighteen inches (18″) of the left-hand curb of a one-way roadway.
2. (2) Local authorities in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, upon determining that such parking would not interfere with the free movement of traffic nor cause an undue safety hazard, may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within eighteen inches (18″) of the left-hand curb of a roadway.
(c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal aid or state highway, unless the department of transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(d) A county may, by resolution of the county legislative body, prohibit parking on any roadway under its jurisdiction other than a federal aid or state highway when such parking is dangerous to those using the highway or interferes with the free movement of traffic. The county, with respect to highways under its jurisdiction, shall place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, as designated by the county, stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic on those highways. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. The primary responsibility for enforcing this subsection (d) shall be on the county prohibiting parking on any roadway under its jurisdiction. A violation of this section shall be punishable as provided by § 55-8-103. Each day a motor vehicle is in violation of this subsection (d) shall be a separate event. In the interest of public safety a county may remove a motor vehicle that is abandoned or disabled.
(e) Except as provided in subsection (d), the department, with respect to highways under its jurisdiction outside of the limits of municipalities, shall place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, as designated by the department, stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic on those highways. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.

§ 55-8-162. Unattended motor vehicles — Unattended vehicles containing medical or hazardous waste — Penalty and liability — Application to utility — Inapplicability to ADS-operated vehicle.

(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
(b)
1. (1) Notwithstanding any law to the contrary, no person shall leave unsecured and unattended any truck, tractor-trailer or tractor-semitrailer combination, with a rated capacity of more than one (1) ton, containing “medical waste,” as defined in rules promulgated under §§ 68-211-101 — 68-211-122, or “hazardous waste,” as defined in § 68-212-104, in any residential area, or within one thousand feet (1,000′) of any church, school or park.
2. (2)
  1. (A) Except as provided in subdivision (b)(2)(B), a violation of subdivision (b)(1) is a Class A misdemeanor punishable only by a fine of five thousand dollars ($5,000). The fine imposed by this subdivision (b)(2)(A) shall be upon the owner of the truck, tractor-trailer or tractor-semitrailer combination. Each day of continued violation constitutes a separate violation.
  2. (B) In addition to any fine imposed upon the owner pursuant to subdivision (b)(2)(A), the driver's license to drive shall be suspended for six (6) months.
  3. (C) Suspension of the driver's commercial driver license pursuant to subdivision (b)(2)(B) shall not alter the driver's eligibility to maintain a Class D driver license.
3. (3) Nothing in this chapter shall alter the liability imposed by any other provision of law for unlawful disposal of medical waste.
4. (4) This section shall only apply to persons operating any truck, tractor-trailer or tractor-semitrailer combination and transporting materials found to be hazardous under the Hazardous Materials Transportation Act, which requires the motor vehicle to be placarded.
(c)
1. (1) Subsection (b) shall not apply to any utility.
2. (2) As used in subdivision (c)(1), “utility” means any person, municipality, county, metropolitan government, electric cooperative, telephone cooperative, board, commission, district or any entity created or authorized by public act, private act, or general law to provide electricity, natural gas, water, waste water services, telephone services, or any combination thereof, for sale to consumers in any particular service area.
(d) Subsection (a) shall not apply with respect to an ADS-operated vehicle.

§ 55-8-163. Limitations on backing.

The driver of a vehicle shall not back the vehicle unless that movement can be made with reasonable safety and without interfering with other traffic.

§ 55-8-164. Riding on motorcycles.

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle, unless the motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the seat, headlamp illuminated, facing forward, with one (1) leg on each side of the motorcycle.
(c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.
(d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
(e)
1. (1) An operator commits an offense who, on the streets of any municipality, roads of any county, or the highways of this state, carries a child as a passenger on a motorcycle whose feet are not on footpegs; provided, that this subsection (e) shall not apply to persons riding in a motorcycle sidecar.
2. (2)
  1. (A) A violation of this subsection (e) is a Class C misdemeanor.
  2. (B) A person charged with a violation of this subsection (e) may, in lieu of appearance in court, submit a fine of fifty dollars ($50.00) to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
  3. (C) No litigation tax levied pursuant to title 67, chapter 4, part 6 shall be imposed or assessed against anyone convicted of a violation of this subsection (e), nor shall any clerk's fee or court costs, including, but not limited to, any statutory fees of officers, be imposed or assessed against anyone convicted of a violation of this subsection (e).
  4. (D)
    1. (i) The revenue generated by ten dollars ($10.00) of the fifty-dollar ($50.00) fine for a person’s first conviction under this subsection (e), shall be deposited in the state general fund without being designated for any specific purpose. The remaining forty dollars ($40.00) of the fifty-dollar ($50.00) fine for a person’s first conviction under this subsection (e) shall be deposited to the child safety fund as provided in § 55-9-602(f).
    2. (ii) The revenue generated from a person's second or subsequent conviction under this subsection (e) shall be deposited to the child safety fund as provided in § 55-9-602(f).

§ 55-8-165. Obstruction of driver's view or interference with driver's control — Penalties.

(a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding four (4), as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in a position that interferes with the driver's or operator's view ahead or to the sides, or that interferes with the driver's or operator's control over the driving mechanism of the vehicle or streetcar.
(c) A violation of this section is a Class C misdemeanor.

§ 55-8-166. Driving on mountain highways.

The driver of a motor vehicle traveling on mountain highways shall hold that motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of two hundred feet (200′) along the highway, shall give audible warning with the horn of the motor vehicle.

§ 55-8-167. Coasting prohibited — Penalties.

(a) The driver of any motor vehicle, when traveling upon a down grade, shall not coast with the gears of the vehicle in neutral.
(b) The driver of a commercial motor vehicle, when traveling upon a down grade, shall not coast with the clutch disengaged.
(c) A violation of this section is a Class C misdemeanor.

§ 55-8-168. Following fire apparatus prohibited — Penalty.

(a) The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500′) or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-169. Crossing fire hose — Penalty.

(a) No streetcar or vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-170. Putting glass, nails and other substances on highway prohibited — Penalty.

(a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon the highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.
(d) A violation of this section is a Class C misdemeanor.

§ 55-8-171. Operation of bicycles and play vehicles — Penalty — Effect of regulations.

(a) It is a Class C misdemeanor for any person to do any act forbidden or fail to perform any act required in §§ 55-8-171 — 55-8-177.
(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit that child or ward to violate any of the provisions of this chapter and chapter 10, parts 1-5 of this title.
(c) The regulations applicable to bicycles and electric bicycles shall apply whenever a bicycle or electric bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
(d) This section and §§ 55-8-172 — 55-8-177 are applicable to electric bicycles as defined in § 55-8-301.

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§ 55-8-172. Traffic laws apply to persons riding bicycles — Penalty.

(a) Every person riding a bicycle or electric bicycle, as defined in § 55-8-301, upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapter 10, parts 1-5 of this title, except as to those provisions of this chapter and chapter 10, parts 1-5 of this title that by their nature can have no application.
(b) Every person riding a bicycle or electric bicycle, as defined in § 55-8-301, is subject to the special regulations in §§ 55-8-171 — 55-8-177 applicable to bicycles or electric bicycles.
(c) Every person riding an electric bicycle, as defined in § 55-8-301, is subject to the special regulations in part 3 of this chapter applicable to electric bicycles.
(d) A violation of this section is a Class C misdemeanor.

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55-8-171(d)

§ 55-8-173. Riding on bicycles — Playing and use of play vehicles — Penalties.

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, except for a certified police cyclist who is performing duties that require riding in a side dismounting position.
(b) No bicycle shall be used to carry more persons at one (1) time than the number for which it is designed or equipped.
(c) No person shall play on a highway other than upon the sidewalk thereof, within a city or town, or in any part of a highway outside the limits of a city or town, or use thereon roller skates, coasters or any similar vehicle or toy or article on wheels or a runner, except in those areas as may be specially designated for that purpose by local authorities.
(d) A violation of this section is a Class C misdemeanor.

§ 55-8-174. Clinging to vehicles — Penalty.

(a) No person riding upon any bicycle, roller skates, sled or toy vehicle shall attach the bicycle, roller skates, sled or toy vehicle, or that person's own body, to any streetcar or vehicle upon a roadway.
(b) This section shall not be construed to prohibit the attachment of a bicycle trailer or bicycle semitrailer to a bicycle if the trailer or semitrailer is designed specifically for that purpose.
(c) A violation of this section is a Class C misdemeanor.

§ 55-8-175. Riding on roadways and bicycle paths — Penalty.

(a)
1. (1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
  1. (A) When overtaking and passing another vehicle proceeding in the same direction;
  2. (B) When preparing for a left turn at an intersection or into a private road or driveway; or
  3. (C) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, “substandard width lane” means a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
2. (2) This subsection (a) does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control.
(b)
1. (1) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
2. (2) Subdivision (b)(1) does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control or in pursuit of an actual or suspected violator of the law.
(c)
1. (1) This subsection (c) shall be known and may be cited as the “Jeff Roth and Brian Brown Bicycle Protection Act of 2007.”
2. (2) The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet (3′) and shall maintain the clearance until safely past the overtaken bicycle.
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- 55-8-197(a)(6)
(d) A violation of this section is a Class C misdemeanor.

§ 55-8-176. Carrying articles on bicycles — Penalty.

(a) No person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one (1) hand upon the handlebars.
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-177. Bicycle lamps and brakes — Penalties.

(a) Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least five hundred feet (500′) to the front, and either a red reflector or a lamp emitting a red light, which shall be visible from a distance of at least five hundred feet (500′) to the rear, when directly in front of lawful upper beams of head lamps on a motor vehicle.
(b) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within twenty-five feet (25′) from a speed of ten miles per hour (10 mph) on dry, level, clean pavement.
(c) A violation of this section is a Class C misdemeanor.

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§ 55-8-178. Regulations governing nonmotor vehicles and animals — Penalty.

(a) Every driver or person having charge of any nonmotor vehicle, on any of the public roads in or of this state, on meeting and passing another vehicle, shall give one-half (½) of the road by turning to the right, so as not to interfere in passing.
(b) When nonmotor vehicles on public roads are traveling in the same direction, and the driver of the hindmost desires to pass the foremost, each driver shall give one-half (½) of the road, the foremost by turning to the right, and the hindmost to the left.
(c)
1. (1) No driver shall stop a nonmotor vehicle on any of the public roads, for any cause or pretense whatever, without turning so far to the right as to leave at least one-half (½) of the road free, open, and unobstructed for other travelers and vehicles.
2. (2) Subdivision (c)(1) does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control.
(d) Drivers of nonmotor vehicles on public roads shall pass each other in a quiet, orderly, and peaceable manner, and shall not make any noise intended to disturb or frighten the driver or the animals drawing nonmotor vehicles.
(e) No person shall willfully, by noise, gesture or by other means, on or near public roads, disturb or frighten the driver or rider or the animals ridden or drawing vehicles thereon.
(f)
1. (1) An intentional or careless violation of this section is a Class C misdemeanor.
2. (2) A willful or malicious violation of this section, whereby the death of any person is occasioned, is a Class E felony.
(g)
1. (1) All horse-drawn vehicles and/or equipment, whether farm or passenger, shall be equipped with a self-luminous white lamp which shall be visible from the front from a distance of at least five hundred feet (500′) and with a self-luminous red lamp on the rear which shall be visible from a distance of at least five hundred feet (500′) to the rear.
2. (2) This subsection (g) applies only if the horse-drawn vehicle is used as the owner's primary mode of personal or farm transportation and is regularly driven upon public roads or highways or the rights-of-way thereof.
3. (3) This subsection (g) does not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725) or of not less than eighty-eight thousand seven hundred (88,700) nor more than eighty-eight thousand eight hundred (88,800), according to the 1980 federal census or any subsequent federal census.

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55-10-313(a)

§ 55-8-179. Use of raised identifying cane or blaze orange dog leash restricted to blind or deaf persons — Penalty.

(a) No person, unless totally or partially blind or otherwise incapacitated, while on any public street or thoroughfare shall carry in any raised or extended position any cane or similar walking stick colored white or white tipped with red.
(b) No person, unless totally or partially deaf, shall carry, hold, or use on any street, highway, or in any other public place, a leash blaze orange in color on any dog accompanying that person.
(c) A violation of this section is a Class C misdemeanor.

§ 55-8-180. Pedestrians led by guide dog or carrying identifying cane given right-of-way — Penalty.

(a) Whenever any pedestrian guided by a guide dog or dog on a blaze orange leash, or carrying in any raised or extended position a cane or similar stick white in color or white tipped with red, shall undertake to cross any public street or thoroughfare in this state, the driver of each and every vehicle approaching that pedestrian carrying the cane or stick or conducted by such dog shall bring such vehicle to a complete stop and before proceeding shall take all precautions necessary to avoid injuring the pedestrian; provided, that nothing in this section shall be construed as making any person totally or partially blind or otherwise incapacitated guilty of contributory negligence in undertaking to cross any street or thoroughfare without being guided by a trained dog or carrying a cane or stick of the type specified in subsection (a).
(b) A violation of this section is a Class C misdemeanor.

§ 55-8-181. Rights and duties of motorcycle or autocycle operator.

Every person operating a motorcycle or autocycle is granted all of the rights and is subject to all of the duties applicable to the driver of any other vehicle under this chapter and chapter 9 of this title, except as to special regulations in this chapter and except as to those provisions of this chapter and chapter 9 of this title that by their nature can have no application.

§ 55-8-182. Operation of motorcycles on laned roadways.

(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in a manner that deprives any motorcycle of the full use of a lane. This subsection (a) shall not apply to motorcycles operated two (2) abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
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(d) Motorcycles shall not be operated more than two (2) abreast in a single lane.
(e) Motorcycles that are autocycles shall not be operated more than two (2) abreast in a single lane.
(f) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.

§ 55-8-183. Funeral processions.

(a) Funeral processions properly identified by a flashing amber light on the lead vehicle, or identified as a police escort, where the vehicle has visual signals and is equipped with or displays an amber light accompanied by a blue light visible from the front of the vehicle, or led by a properly identified escort, shall have the right-of-way on any street, highway, or road through which they may pass, subject to the following provisions:
1. (1) The operator of the leading vehicle in a funeral procession shall comply with stop signs and traffic-control signals, but when the leading vehicle has progressed across an intersection in accordance with that signal or after stopping as required by the stop sign, all vehicles of the procession may proceed without stopping regardless of the sign or signal when each of these vehicles has its headlights lighted;
2. (2) Vehicles in a funeral procession shall drive on the right-hand side of the roadway and shall follow the vehicle ahead as close as is practical and safe;
3. (3) Operators of vehicles in a funeral procession shall yield the right-of-way to an authorized emergency vehicle giving audible signal by siren and shall yield the right-of-way when directed to do so by a traffic officer;
4. (4) On public highways and interstates, vehicles in a funeral procession shall proceed at a minimum speed of forty-five miles per hour (45 mph); and otherwise, on streets and roads at a speed not to exceed five miles per hour (5 mph) below the posted speed;
5. (5) Vehicles following a funeral procession on a two-lane highway may not attempt to pass the procession; and
6. (6) No operator of a vehicle shall drive between vehicles in a properly identified funeral procession except when directed to do so by a traffic officer.
(b) Motorcycle escorts of properly identified funeral processions may:
1. (1) Notwithstanding § 55-8-182(c) or any other law to the contrary, operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles;
2. (2) Notwithstanding § 55-9-201 or any other law to the contrary, install a bell, siren, or exhaust whistle of a type approved by the sheriff of the county in which the motorcycle is to be operated; provided, that the system is deactivated at all times the motorcycle is not escorting a properly identified funeral procession; and
3. (3) Notwithstanding § 55-9-402 or any other law to the contrary, install a green strobe flashing light system of a type approved by the sheriff of the county in which the motorcycle is to be operated; provided, that the system is deactivated at all times the motorcycle is not escorting a properly identified funeral procession.
(c)
1. (1) Unless complying with the specific order of a law enforcement officer, no operator of a motor vehicle shall knowingly:
  1. (A) Fail to yield the right-of-way to a properly identified funeral procession progressing across an intersection in accordance with subdivision (a)(1);
  2. (B) While following a properly identified funeral procession along a two-lane street, road or highway, pass or attempt to pass a properly identified funeral procession; or
  3. (C) Drive or attempt to drive between the vehicles within a properly identified funeral procession.
2. (2) Each violation of subdivision (c)(1) is punishable by a civil penalty not to exceed fifty dollars ($50.00).
3. (3) For purposes of this subsection (c), to be a “properly identified” funeral procession, the procession must be indicated by a flashing amber light and a auditory signaling device mounted on the lead vehicle or by other properly identified escort, and a flag or other appropriate marking device on each vehicle in the procession indicating that the vehicle is part of the funeral procession.
4. (4) Any county or municipality may adopt the provisions of this subsection (c) for properly identified funeral processions within its jurisdiction by a two-thirds (⅔) vote of the legislative body of that county or municipality. If a county or municipality adopts this subsection (c), the presiding officer of that legislative body shall proclaim and certify its adoption to the secretary of state.

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55-9-402(d)(1)(A)

§ 55-8-184. Indication of ownership on traffic control signs, signals, markers or devices — Unlawful possession — Penalty.

(a) The department of transportation or any agency of local government responsible for erection or maintenance of any traffic-control sign, signal, marker or device is authorized to indicate the ownership of the sign, signal, marker and device in letters on the back of those items in letters not less than one-fourth inch (¼″) nor more than three-fourths inch (¾″) in height by use of a metal stamp, etching, or other permanent marking.
(b) Unlawful possession of any such sign, signal, marker or device is a Class C misdemeanor.

§ 55-8-185. Use of off-highway motor vehicles on highways.

(a) No off-highway motor vehicle as defined in § 55-3-101(c)(2) shall be operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle pursuant to §§ 55-8-101 and 55-4-136; is registered as a Class I or Class II off-highway vehicle pursuant to chapter 4, part 7 of this title, and operated on county roads pursuant to § 55-8-203; is operated or driven pursuant to subsection (c) or (e); or is operated or driven for the purpose of crossing a highway as follows:
1. (1) On a two-lane highway, only to cross the highway at an angle of approximately ninety degrees (90°) to the direction of the roadway and at a place where a quick and safe crossing may be made;
2. (2) With respect to the crossing of a highway having more than two (2) lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and
3. (3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two (2) lanes or having limited access.
(b) Off-highway motor-driven cycles defined in § 55-3-101(c)(2) may be moved, by nonmechanical means only, adjacent to a roadway, in a manner so as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from, areas designed for the operation of off-highway vehicles, when no other route is available. The department or local government authority may designate access routes leading to off-highway parks as suitable for the operation of off-highway vehicles, if such access routes are available to the general public only for pedestrian and off-highway motor vehicle travel.
(c)
1. (1) Notwithstanding any law to the contrary, three- or four-wheel all-terrain vehicles or three- or four-wheel off-highway vehicles may be operated on:
  1. (A) Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County;
  2. (B) State Route 63 between U.S. Highway 27 and Annadell Road within the jurisdiction of the Town of Huntsville in Scott County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; except, that during one (1) day on each weekend, the off-highway vehicles may be operated during the hours of daylight or nighttime until twelve o'clock (12:00) midnight. The operation pursuant to this subdivision (c)(1)(B) shall be approved by a two-thirds (⅔) vote of the local legislative body of the municipality and monitored by a local law enforcement agency. Any local legislative body that has approved the operation of the vehicles pursuant to this subdivision (c)(1)(B) as it existed prior to April 28, 2017, shall not be required to resubmit and reapprove the operation pursuant to this subdivision (c)(1)(B) on or after April 28, 2017;
  3. (C) State Route 62 from its intersection with Wind Rock Road westward to its intersection with Winter Gap Road, then southeastward on Winter Gap Road to its intersection with State Route 61 (Railroad Avenue), then eastward on State Route 61 (Railroad Avenue) to its intersection with State Route 62, within the jurisdiction of Oliver Springs in Anderson County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (⅔) vote of the local legislative body of the municipality and monitored by a local law enforcement agency;
  4. (D) State Route 330 from its intersection with State Route 62 westward to its intersection with State Route 61, then southwestward on West Spring Street to its intersection with Winter Gap Road, within the jurisdiction of Oliver Springs in Anderson County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (⅔) vote of the local legislative body of the municipality and monitored by a local law enforcement agency;
  5. (E) State Route 63 from its intersection with Ershell Collins Road West to its intersection with Titus Hollow Road in Campbell County;
  6. (F) State Route 63 from its intersection with Old Stinking Creek Road West to its intersection with Old Highway 63 in Campbell County;
  7. (G) State Route 116 from its intersection with U.S. Highway 25W (State Route 9) West to its intersection with Better Chance Road in Campbell County;
  8. (H) U.S. Highway 25W (State Route 9) from its intersection with State Route 116 to its intersection with Dogwood Road in Campbell County;
  9. (I) U.S. Highway 25W (State Route 9) from its intersection with North Tennessee Avenue to its intersection with Ivy Dale Road in Campbell County;
  10. (J) U.S. Highway 25W (State Route 9) from its intersection with McClouds Trail to 4267 U.S. Highway 25W South, which segment is approximately two and one-half (2.5) miles long, in Campbell County;
  11. (K) U.S. Highway 25W (State Route 9) from its intersection with Elk Tower on Austin Powder Road to the Peabody Convenience Center in Campbell County;
  12. (L) U.S. Highway 25W (State Route 9) from its intersection with Highcliff Road to its intersection with the Kentucky state line at State Street in Campbell County;
  13. (M) State Route 297 from its intersection with U.S. Highway 25W to its intersection with London Avenue in Campbell County;
  14. (N) State Route 297 from its intersection with Woolridge Pike to its intersection with Whistle Creek Road in Campbell County;
  15. (O) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow Road in Campbell County;
  16. (P) State Route 116 from its intersection with Rattlesnake Ridge Road, which is approximately one and two-tenths (1.2) miles north of State Route 62, then northward on State Route 116 for approximately three and four-tenths (3.4) miles to its intersection with the walking trails of Frozen Head State Park and Trail 27 of Wind Rock Park, within Morgan County between the hours of eight o'clock a.m. (8:00 a.m.) and eight o'clock p.m. (8:00 p.m.);
  17. (Q) State Route 53 beginning from the Granville Marina and Resort and ending at the Sutton Homestead in the Town of Granville;
  18. (R) State Route 167 from mile marker 10 to mile marker 13, within the jurisdiction of Johnson County;
  19. (S) State Route 133 from its intersection with U.S. Highway 421 to the Tennessee-Virginia state line, within the jurisdiction of Johnson County;
  20. (T) U.S. Highway 421 from the Mountain City limits to its intersection with Corner Road, within the jurisdiction of Johnson County;
  21. (U) State Route 13 from the Wayne County – Perry County boundary to its intersection with Turnbo Lane, within the jurisdiction of Perry County;
  22. (V) State Route 329 from its intersection with U.S. Highway 27 to 849 Deer Lodge Highway, within the jurisdiction of the City of Sunbright in Morgan County;
  23. (W) U.S. Highway 27 from its junction with Mill Road northward to its junction with State Route 62, within the jurisdiction of Morgan County;
  24. (X) State Route 167 from its intersection with Rainbow Road to its intersection with Dotson Lane, within the jurisdiction of Mountain City in Johnson County, which segment is approximately one-half (.5) mile;
  25. (Y) Old Burrville Road, which is approximately one-half (.5) mile in length, within the jurisdiction of the City of Sunbright in Morgan County;
  26. (Z) Dyna Tex Road, which is approximately one (1) mile in length, within the jurisdiction of the City of Sunbright in Morgan County;
  27. (AA) Mill Creek Road, the portion of which is within the jurisdiction of the City of Sunbright in Morgan County;
  28. (BB) State Route 173 (Simerly Creek Road) from its intersection with State Route 107 to its intersection with Old Iron Mountain Road within the jurisdiction of Unicoi County;
  29. (CC) State Route 107 from its intersection with State Route 173 (Simerly Creek Road) eastward to its intersection with Lower Stone Mountain Road, which is near Deer Haven Road, within the jurisdiction of Unicoi County;
  30. (DD) State Route 107 from its intersection with Cross Road to its intersection with Red Fork Road within the jurisdiction of Unicoi County;
  31. (EE) State Route 330 from its intersection with Hoskins Gap Road in Anderson County westward to its intersection with Railroad Avenue and then north and westward to its intersection with Winter Gap Road in the jurisdiction of Oliver Springs in Roane County;
  32. (FF) Windrock Road between Main Street and Hoskins Valley Road in Anderson County;
  33. (GG) Hoskins Valley Road between Windrock Road and Hoskins Gap Road in Anderson County;
  34. (HH) Hoskins Gap Road between Hoskins Valley Road and Frost Bottom Road in Anderson County;
  35. (II) State Route 154 from its intersection with Black House Mountain Road southward to its intersection with Laurel Creek Campground Road, then continuing on Laurel Creek Campground Road and ending at the campground, within the jurisdiction of Fentress County; and
  36. (JJ) State Route 297 beginning at its intersection with State Route 154 and ending at Station 11 of the Fentress County fire department, which segment is approximately eight-tenths (0.8) of a mile in length, within the jurisdiction of Fentress County.
2. (2) Drivers operating vehicles pursuant to subdivisions (c)(1) and (3)-(5) shall obey the rules of the road, operate with due care, and the operator and each passenger shall wear a helmet in accordance with § 55-9-302. While on the authorized portion of the highways designated in subdivisions (c)(1) and (3)-(5), the vehicles shall display tail lamps and headlights. Headlights on the vehicles shall, under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person two hundred feet (200′) ahead.
3. (3) Notwithstanding any law to the contrary, any off-highway motor vehicle as defined in § 55-3-101(c)(2) may be operated within the jurisdiction of Johnson County on the segment of State Route 167 from the entrance of the Roan Creek Campground to Doe Mountain, which segment is approximately one-half mile (0.5 mi.).
4. (4) Notwithstanding any law to the contrary, any all-terrain vehicles may be operated on the following portions of highways within the jurisdiction of Anderson County:
  1. (A) State Route 116 from its intersection with Beech Grove Lane to its intersection with U.S. Highway 25W;
  2. (B) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane southward to its intersection with Jacksboro Avenue;
  3. (C) Mountainside Lane from 120 Mountainside Lane to its intersection with Colonial Lane, and then southeastward on Colonial Lane to its intersection with State Route 116 (U.S. Highway 25W);
  4. (D) Boling Road from 167 Boling Road to its intersection with Railroad Avenue, then southward on Railroad Avenue to its intersection with Norris Freeway (U.S. Highway 441), and then eastward on Norris Freeway (U.S. Highway 441) to its intersection with State Route 116 (U.S. Highway 25W);
  5. (E) State Route 116 (U.S. Highway 25W) from its intersection with Fork Mountain Road to its intersection with Windrock Trail, which is designated by the wildlife resources agency as G-71;
  6. (F) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane to its intersection with Better Chance Road;
  7. (G) U.S. Highway 441 (Norris Freeway) from its intersection with State Route 116 (U.S. Highway 25W) to 709 Norris Freeway;
  8. (H) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 74; and
  9. (I) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 75.
5. (5) Notwithstanding any law to the contrary, any Class I or Class II off-highway vehicle as defined in § 55-8-101 that is registered pursuant to chapter 4, part 7 of this title, may be operated on the following state routes that are within the jurisdiction of Hickman County, if the requirements in § 55-8-203(c) and (d) are satisfied:
  1. (A) State Route 48 North from its intersection with State Route 100 to its intersection with Piney River Road, which is approximately eight and seven-tenths miles (8.7 miles), within the jurisdiction of Hickman County;
  2. (B) State Route 100 from its intersection with North Tidwell Road to its intersection with Wrigley Road, which is approximately four and one-tenth miles (4.1 miles), within the jurisdiction of Hickman County; and
  3. (C) State Route 230 West from its intersection with Dodd Hollow Road to its intersection with East Sugar Creek Road, which is approximately one and nine-tenths (1.9 miles), within the jurisdiction of Hickman County.
(d) A violation of this section is a Class C misdemeanor punishable by a fine only of not more than fifty dollars ($50.00).
(e) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an all-terrain vehicle as defined in § 55-8-101 may be operated or driven upon any unpaved streets, roads, or highways, as designated specifically for such purpose upon two-thirds (⅔) vote by the local governing body, and included within the boundaries of an adventure tourism district established pursuant to title 11, chapter 11, part 2, if such all-terrain vehicle complies with the following:
1. (1) The governing body of a municipality or metropolitan government may regulate in any manner, by lawfully enacted ordinance, the operation of any all-terrain vehicle crossing of a street, road or highway solely under the municipality's jurisdiction; provided, that such municipality provides written notification to the department of safety prior to the effective date of the ordinance and posts appropriate signage designating such all-terrain vehicle crossing on such street, road or highway;
2. (2) The governing body of any county may by lawfully enacted resolution regulate the operation of all-terrain vehicles on any street, road or highway solely under the county's jurisdiction; provided, that such county provides written notification to the department of safety prior to such resolution becoming effective and posts appropriate signage designating such street, road or highway for all-terrain vehicle use;
3. (3) An all-terrain vehicle is specifically restricted to only between one-half (½) hour after sunrise and one-half (½) hour before sunset, and the headlight and taillight shall be illuminated during such operation;
4. (4) The operator and all passengers of an all-terrain vehicle shall wear a helmet while driving or operating such vehicle on a street, road or highway;
5. (5) Any additional safety requirements imposed by the local governing body for all-terrain vehicle operation on streets, roads or highways in such municipality, metropolitan government or county; and
6. (6) No all-terrain vehicles shall be operated on any state highway or any highway that is a part of the interstate and defense highway system.
(f) Operation of the following all-terrain vehicles shall be exempt from subsection (e):
1. (1) All-terrain vehicles operated for agricultural purposes; and
2. (2) Publicly-owned and operated all-terrain vehicles that are used for management, law enforcement, emergency services and other such purposes.

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§ 55-8-186. Responsibility for illegal parking.

(a) The responsibility for illegally parking on any road, highway, or street in this state in any restricted zone or space to include, but not limited to:
1. (1) An unauthorized parking space designated for persons with disabilities as provided for in §§ 55-21-106 and 55-21-108;
2. (2) Specifically prohibited places, as provided for in § 55-8-160;
3. (3) No parking zones;
4. (4) Overtime zones or metered parking spaces; or
5. (5) Fire lanes;
6. shall not apply to the registered owner of a rented or leased vehicle parked in violation of law when that owner can furnish sworn evidence that the vehicle was, at the time of the parking violation, leased or rented to another person.
(b) In such instances, the owner of the vehicle shall, within thirty (30) days after notification of the parking violation, furnish to the appropriate court or law enforcement agency, the name, address, and driver license number of the person or company who leased or rented the vehicle. If the owner fails to provide the information within the thirty-day period, then the owner shall become personally liable for the violation.

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4-8-203(c)

§ 55-8-187. Obscene or patently offensive bumper stickers, window signs, or other markings prohibited.

To avoid distracting other drivers and thereby reduce the likelihood of accidents arising from lack of attention or concentration, the display of obscene and patently offensive movies, bumper stickers, window signs or other markings on or in a motor vehicle that are visible to other drivers is prohibited and display of such materials shall subject the owner of the vehicle on which they are displayed, upon conviction, to a fine of fifty dollars ($50.00). “Obscene” or “patently offensive” has the meaning specified in § 39-17-901.

§ 55-8-188. High occupancy vehicles — Lanes.

(a) As used in this section:
1. (1) “Emergency vehicle” means a vehicle of a governmental department or public service corporation when responding to an emergency, a vehicle of a police or fire department, or an ambulance;
2. (2) “High occupancy vehicle” means a public transportation vehicle; privately owned bus; motorcycle; private passenger motor vehicle, including vans and pick-up trucks, carrying no fewer than two (2) passengers; or as otherwise determined by the commissioner of transportation; and
3. (3) “HOV lane” means a lane or set of lanes on a highway facility of any class, so designated by signing, pavement delineation or markings, or other means of positive guidance, that is reserved for the exclusive use of high occupancy vehicles during specified hours of specified days of the week, in order to provide preferential service over traditional, mixed vehicles on that remaining part of the same highway facility.
(b) Drivers shall obey the directions of every official traffic control device that is erected or placed to restrict usage of a lane designated for high occupancy vehicles.
(c) Operation of a vehicle other than a high occupancy vehicle in an HOV lane is an offense. Drivers of emergency vehicles are exempt from this subsection (c).
(d) A violation of this section is a Class C misdemeanor, subject only to imposition of a fine, not to exceed fifty dollars ($50.00), and court costs, not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State or local litigation taxes are not applicable to a case prosecuted under this section.

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§ 55-8-189. Transporting child in truck bed.

(a) A person commits an offense who, on the streets of any municipality, roads of any county, or the highways of this state, transports a child under six (6) years of age in the bed of a truck with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a pickup body style.
(b)
1. (1) A person commits an offense who, on any interstate defense highway or state highway, transports a child between six (6) years of age and under twelve (12) years of age in the bed of a truck with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a pickup body style.
2. (2) A city or county may prohibit, by ordinance or resolution, a person from transporting a child between six (6) years of age and under twelve (12) years of age in the bed of a truck with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a pickup body style on city or county roads or highways.
(c) This section does not apply to a person transporting a child in the bed of such vehicle when that vehicle is being used as part of an organized parade, procession, or other ceremonial event, and when that vehicle is not exceeding the speed of twenty miles per hour (20 mph).
(d) This section does not apply when the child being transported is involved in agricultural activities.
(e) A violation of subsection (a) or subdivision (b)(1) is a Class C misdemeanor.

§ 55-8-190. Street sweeper operation — Liability.

(a) For the purpose of this section, “street sweeper” means a vacuum or broom-type vehicle used for routine mechanized street, road, interstate highway, and/or bridge sweeping to clean and remove sand, dirt, soil, paper, glass, cans, and other debris.
(b) If operated in compliance with the national highway traffic safety administration standards, including the National Highway Safety Manual, a street sweeper may make intermittent stops as necessary to collect tree limbs, debris, and other objects the street sweeper cannot automatically collect and travel at a speed below the lawful minimum speed:
1. (1) On any particular roadway in all nonresidential areas at any time except six thirty a.m. (6:30 a.m.) to eight thirty a.m. (8:30 a.m.) and three thirty p.m. (3:30 p.m.) to six o'clock p.m. (6:00 p.m.) on weekdays;
2. (2) On any particular roadway in all residential areas at any time; or
3. (3) Notwithstanding subdivisions (b)(1) and (2), at any time on any roadway after an emergency or an event that makes street sweeping necessary or desirable.
(c) Absent noncompliance with this section, operator negligence or an intentional tort by an operator, operation of a street sweeper in compliance with this section shall not be a violation of law, and shall not subject the street sweeper to liability for claims for personal injury, property damage or death.

§ 55-8-191. Operation of low speed and medium speed vehicles — Prohibitions — License.

(a)
1. (1) A low speed vehicle as defined in § 55-8-101 may be operated only on streets where the posted speed limit is thirty-five miles per hour (35 mph) or less. This subdivision (a)(1) does not prohibit a low speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than thirty-five miles per hour (35 mph).
2. (2) A county or municipality may prohibit the operation of low speed vehicles on any road under its jurisdiction if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
3. (3) The department of transportation may prohibit the operation of low speed vehicles on any road under its jurisdiction if it determines that the prohibition is necessary in the interest of safety.
(b)
1. (1) A medium speed vehicle as defined in § 55-8-101 may be operated at a rate not to exceed thirty-five miles per hour (35 mph) only on streets where the posted speed limit is forty miles per hour (40 mph) or less. This subsection (b) does not prohibit a medium speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than forty miles per hour (40 mph).
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2. (2) A county or municipality may prohibit the operation of medium speed vehicles on any road under its jurisdiction if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
3. (3) The department of transportation may prohibit the operation of medium speed vehicles on any road under its jurisdiction if it determines that the prohibition is necessary in the interest of safety.
(c) Any person operating a low speed vehicle or medium speed vehicle must have in possession a valid Class D driver license.

§ 55-8-192. Use of portable electronic device by school bus drivers.

(a) No driver shall operate a school bus as defined by § 55-8-101 anywhere in this state while using a portable electronic device:
1. (1) While the vehicle is in motion and while the vehicle is transporting one (1) or more children; or
2. (2) When the vehicle is stopped for the purposes of loading or unloading one (1) or more children from the vehicle.
(b) As used in this section, “portable electronic device” means any:
1. (1) Mobile, cellular, analog, wireless, or digital telephone;
2. (2) Personal digital assistant;
3. (3) Hand-held device with mobile data access;
4. (4) Laptop computer;
5. (5) Pager;
6. (6) Broadband personal communication device;
7. (7) Two-way messaging device;
8. (8) Electronic game;
9. (9) Camera;
10. (10) Portable computing device;
11. (11) Global positioning system, if the driver is using at least one (1) hand to hold the device or to enter data into the device while the school bus is in motion; or
12. (12) Electronic device used to input, write, send, receive, read, or view text or media for present or future communication.
(c) This section shall not apply to:
1. (1) Two-way radio communications, or any device used in a similar manner as two-way radio communications, made to and from a central dispatch, school transportation department, or its equivalent;
2. (2) The use of a device capable of voice communication to report an emergency to the 911 system, a law enforcement agency, fire department, or emergency medical provider; or
3. (3) The use of a portable electronic device for navigation of the school bus and for accurately accounting for students at bus pick-up and drop-off locations through use of the device's global positioning system if:
  1. (A) Neither of the driver's hands are used to hold the device or to enter data into the device while the school bus is in motion;
  2. (B) The device is mounted on the school bus's windshield, dashboard, or center console area in a manner that does not hinder the driver's view of the road; and
  3. (C) The driver views only data related to the navigation of the school bus and student information related to bus pick-up and drop-off locations.
(d) A violation of this section is a Class A misdemeanor, punishable by a minimum period of confinement of not less than thirty (30) days; a minimum fine of not less than one thousand dollars ($1,000); and the court shall order that a person convicted of violating this section is permanently prohibited from operating a school bus as defined by § 55-8-101 in this state.

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55-50-501(d)

§ 55-8-193. Excessive noise from motor vehicles.

(a) No person operating or occupying a motor vehicle on any public street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system including, but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty feet (50′) or more from the vehicle. For the purpose of this section, “plainly audible” means any sound that clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty feet (50′) or more; however, words or phrases need not be discernible and the sound shall include bass reverberation.
(b) This section shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by a municipal or county government or any utility company, for sound emitted unavoidably during a job-related operation, school or community sponsored activities, auctioneers or auctioning activities, boats or other watercraft operated on waters or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of a municipal or county government.
(c) A violation of this section is a Class C misdemeanor punishable by a fine only of up to fifty dollars ($50.00).

§ 55-8-194. Required training for emergency vehicle drivers.

(a)
1. (1) It is the intent of the general assembly that each person who drives an emergency vehicle in an official capacity shall be adequately trained to drive the emergency vehicle. Documentation by the agency providing training shall include:
  1. (A) Training in the operation of the vehicle in emergency and non-emergency situations;
  2. (B) A review of all applicable laws pertaining to emergency vehicles; and
  3. (C) Training to respond to actions of nonemergency vehicles.
2. (2) Each emergency vehicle driver shall take not less than two (2) hours of training annually, and each emergency vehicle driver shall take and pass a comprehensive examination pertaining to subdivisions (a)(1)(A)-(C) every year.
(b) This section shall apply to all law enforcement personnel, firefighters, including volunteer firefighters, rescue personnel, including volunteer rescue personnel, and emergency services personnel.

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4-7-119(b)(1)

§ 55-8-195. Rules and regulations directing truck tractors and semitrailers to specific lanes on certain highways.

(a) The department of transportation is authorized to promulgate rules and regulations directing truck tractors and semitrailers, as defined in § 55-8-101, to specific lanes, as indicated by appropriate highway signage on interstate and multilane divided highways that are three (3) or more lanes in each direction. Rules and regulations promulgated pursuant to this section shall not apply when truck tractors and semi trailers are passing other motor vehicles.
(b) A violation of the rules and regulations promulgated pursuant to this section is a Class C misdemeanor, punishable by a fine of not more than fifty dollars ($50.00).

§ 55-8-196. Attendance at driver education course in county of residence.

Notwithstanding any law to the contrary, whenever a person violating any of the provisions of this chapter or chapter 9 of this title or parts 1-5 of chapter 10 of this title is required, at the discretion of the court, to attend a driver education course approved by the department of safety, in addition to, or in lieu of any portion of, any other penalty imposed, the court has the discretion to allow the violator to attend a driver education course in the person's county of residence, instead of attending a course in the county where the citation was issued. The driver education course shall be approved by the department of safety and operated and conducted in accordance with the requirements of § 55-10-301.

§ 55-8-197. Failure to yield right-of-way.

(a) Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor:
1. (1) Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202;
2. (2) Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections;
3. (3) Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right-of-way as provided in those sections;
4. (4) Section 55-8-134, by failing to yield the right-of-way to pedestrians in crosswalks as provided in the section;
5. (5) Section 55-8-136, by failing to exercise due care as provided in the section; or
6. (6) Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in § 55-8-175(c).
(b) For the purposes of this section, unless the context otherwise requires, “serious bodily injury” means:
1. (1) Substantial risk of death;
2. (2) Serious disfigurement; or
3. (3) Protracted loss or impairment of the function of any bodily member, organ or mental faculty.
(c)
1. (1) A violation of subsection (a) is a Class B misdemeanor if the accident results in serious bodily injury of another.
2. (2) A violation of subsection (a) is a Class A misdemeanor if the accident results in the death of another.
(d) The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another.
(e) Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another.

§ 55-8-198. Citations based on unmanned traffic enforcement cameras.

(a) A traffic citation that is based solely upon evidence obtained from an unmanned traffic enforcement camera that has been installed to enforce or monitor traffic violations shall be considered a nonmoving traffic violation.
(b)
1. (1) Only POST-certified or state-commissioned law enforcement officers shall be authorized to review video evidence from a traffic light signal monitoring system and make a determination as to whether a violation has occurred. If a determination is made that a violation has occurred, a notice of violation or a citation shall be sent by first class mail to the registered owner of the vehicle that was captured by the traffic light signal monitoring system. A notice of violation or a citation shall be sent within twenty (20) business days after the occurrence of the violation, absent exigent circumstances arising from registration irregularities. All notices of violation or citations shall have a Tennessee return address and all responses and payments shall be made to an address in this state. A notice of violation or citation shall allow for payment of the traffic violation or citation within thirty (30) days of the mailing of the notice. No additional penalty or other costs shall be assessed for nonpayment of a traffic violation or citation that is based solely on evidence obtained from unmanned traffic enforcement cameras installed to enforce or monitor traffic violations, unless a second notice is sent by first class mail to the registered owner of the motor vehicle and the second notice provides for an additional thirty (30) days for payment of the violation or citation.
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  - 55-8-151(c)(4)(A)
2. (2) The notice of violation or citation shall state the amount of the fine that is being assessed for the alleged violation. The notice of violation or citation shall state separately any additional fees or court costs that may be assessed if the fine is not paid timely or if the violation or citation is contested and the person is convicted or found guilty of the offense.
3. (3) The person cited may elect not to contest the charge and may, in lieu of appearance in court, submit a fine not more than fifty dollars ($50.00) to the address provided on notice of violation or citation.
4. (4) If the person cited does not pay the traffic citation within the time specified by subdivision (b)(1), then additional fees or court costs may be assessed.
5. (5) If the person cited does not pay the traffic citation as provided in this section and the person cited appears in court at the time specified, or such later date as may be fixed by the court, and the person is convicted or found guilty of, or enters a plea of nolo contendere to the offense, then additional fees or court costs may be assessed.
6. (6) Every notice of violation or citation issued that is based solely upon evidence obtained from any traffic enforcement camera used to enforce or monitor traffic violations of § 55-8-110(a)(3), or any municipal law or ordinance that mirrors, substantially duplicates, or incorporates by cross-reference the language of § 55-8-110(a)(3), shall have printed on the notice or citation the following disclaimer in bold-face type and a font that is the same size as the largest font used on the notice or citation: “Non-payment of this [‘notice’ or ‘citation’] cannot adversely affect your credit score or report, driver license, and/or automobile insurance rates.”
(c) Effective July 1, 2011, a political subdivision of the state that installs, owns, operates or maintains either a traffic-control signal light located in an intersection or any other unmanned traffic enforcement camera for the enforcement or monitoring of traffic violations shall ensure that:
1. (1) The traffic enforcement camera does not identify as a violation of § 55-8-110(a)(3), or any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of § 55-8-110(a)(3), any vehicle that legally entered the intersection during the green or yellow intervals in accordance with § 55-8-110(a)(1) and (2); and
2. (2) Appropriate signage is located not less than five hundred feet (500′) but not more than one thousand feet (1,000′) in advance of the enforcement area of the unmanned traffic enforcement camera informing drivers as to the presence of traffic enforcement cameras at the approaching location. All regulatory and warning signs relating to the intersection or enforcement area shall meet the conventional road size or larger requirements of the MUTCD. Minimum size signing shall not be allowed.
(d) The following vehicles are exempt from receiving a notice of violation:
1. (1) Emergency vehicles with active emergency lights;
2. (2) Vehicles moving through the intersection to avoid or clear the way for a marked emergency vehicle;
3. (3) Vehicles under police escort; and
4. (4) Vehicles in a funeral procession.
(e)
1. (1) Except as otherwise provided in this subsection (e), the registered owner of the motor vehicle shall be responsible for payment of any notice of violation or citation issued as the result of a traffic light monitoring system.
2. (2) An owner of a vehicle shall not be responsible for the violation if, on or before the designated court date, the owner furnishes the court an affidavit stating the name and address of the person or entity that leased, rented or otherwise had care, custody or control of the motor vehicle at the time of the violation.
3. (3) If a motor vehicle or its plates were stolen at the time of the alleged violation, the registered owner must provide an affidavit denying the owner was an operator and provide a certified copy of the police report reflecting such theft.
4. (4) An affidavit alleging theft of a motor vehicle or its plates must be provided by the registered owner of a vehicle receiving a notice of violation within thirty (30) days of the mailing date of the notice of violation.
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(f)
1. (1) Surveillance cameras are not permitted on federal interstate highways except for:
  1. (A) SmartWay cameras;
  2. (B) Other intelligent transportation system cameras; and
  3. (C) Surveillance cameras used to enforce or monitor traffic violations within work zones designated by the department of transportation when employees of the department or construction workers are present; provided, that the cameras are operated only by a state entity.
2. (2) Notwithstanding subdivision (f)(1), in accordance with applicable state and federal laws governing the use or management of highway rights-of-way and subject to the approval of the federal highway administration as required by federal law, the department of transportation is authorized, but not required, to permit the installation of surveillance cameras operated by law enforcement agencies on federal interstate highways and state roads as a non-highway use of the highway right-of-way for the purpose of aiding in criminal investigations or searches for missing or endangered persons to the extent that such use is consistent with the continued use, operations, maintenance, and safety of the highway facility and does not interfere with the free and safe flow of traffic; provided, that these cameras shall not be used to enforce or monitor state or local traffic violations or issue citations for such violations.
3. (3) Prior to the installation and operation of a surveillance camera by a local law enforcement agency under this subsection (f), the local law enforcement agency shall seek approval from the department of transportation. The local law enforcement agency shall demonstrate to the department's satisfaction that:
  1. (A) The manufacturer, surveillance camera, or any of the surveillance camera's components are not:
    1. (i) Produced, assembled, or based in an entity appearing on a sanctions list published under the authority of the United States department of the treasury, office of foreign assets control;
    2. (ii) Prohibited or restricted under Section 889 of the National Defense Authorization Act (48 CFR 52.204-25);
    3. (iii) Prohibited or restricted under Title 2 of the SECURE Technology Act (Public Law 115-390 of 2018); or
    4. (iv) Prohibited or restricted under United States department of commerce regulations on Information and Communications and Services Supply Chain (15 CFR Part 7); and
  2. (B) The manufacturer of and custodian of any data collected by the surveillance camera shall:
    1. (i) Comply with § 55-10-302;
    2. (ii) Ensure that all aspects of the manufacturer's and custodian's data services, data retention, information technology, or other internal data management processes are contained and managed within the United States; and
    3. (iii) Ensure that all data and metadata collected by the surveillance camera are not used for commercial purposes or sold, other than sharing with other law enforcement agencies in the United States as authorized by law.
4. (4) At any time prior to, or following the department's approval of a surveillance camera under this subsection (f), the department may inspect the surveillance camera, components of the surveillance camera, and data collected by the surveillance camera in order to ensure compliance with this subsection (f).
5. (5) The department may consult with the department of safety, or any other state agency to review applications and determine compliance with this subsection (f).
6. (6) The department may revoke its approval and order the removal of surveillance cameras upon a determination that the manufacturer, surveillance camera, or custodian of data collected by a surveillance camera are not in compliance with this subsection (f).
(g) Prior to implementation of any new unmanned traffic enforcement camera used to enforce or monitor traffic violations, the local governing body shall conduct a traffic engineering study for the area being considered. The study shall follow standard engineering practices as determined by the Institute of Transportation Engineers (ITE) and shall be stamped by a professional engineer specializing in traffic engineering and licensed to practice in this state. A vendor of traffic enforcement camera systems shall not be allowed to conduct the traffic engineering study, or to participate in the selection of such traffic engineer, to document the need for a traffic enforcement camera.
(h) No citation shall be issued based solely upon evidence obtained from a traffic enforcement camera that has been installed to enforce or monitor traffic violations of § 55-8-110(a)(3), or any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of § 55-8-110(a)(3), unless the evidence collected shows the target vehicle with its front tire or tires before the stop line when the signal is red, and subsequently shows the same vehicle with its rear tire or tires past the stop line while the signal is red.
(i) A traffic enforcement camera system may be used to issue a traffic citation for an unlawful right turn on a red signal at an intersection that is clearly marked by a “No Turn on Red” sign erected by the responsible municipal or county government in the interest of traffic safety in accordance with § 55-8-110(a)(3)(A). Any other traffic citation for failure to make a complete stop at a red signal before making a permitted right turn as provided by § 55-8-110(a)(3)(A) that is based solely upon evidence obtained from an unmanned traffic enforcement camera shall be deemed invalid.
(j) No more than one (1) citation shall be issued for each distinct and separate traffic offense in violation of a municipal ordinance or a traffic offense as provided in this chapter.
(k) A traffic citation that is based solely upon evidence obtained from an unmanned traffic enforcement camera shall be deemed invalid if the registration information of the motor vehicle for which such traffic citation is issued is not consistent with the evidence recorded by such enforcement camera.
(l)
1. (1) Notwithstanding any law to the contrary, an unmanned traffic enforcement camera that monitors speed shall not be used to issue a citation to any driver for violating the speed limit on any public road or highway; provided, that this subsection (l) shall not apply to an unmanned traffic enforcement camera:
  1. (A) Within the designated distance of a marked school zone; or
  2. (B) On any S-curve of a public road or highway.
2. (2) For purposes of this subsection (l), “S-curve” means a bend in a public road or highway in the shape of an “S” that inhibits a driver's full vision through the bend.
(m)
1. (1) For the purposes of this subsection (m):
  1. (A) “Consumer report” and “consumer reporting agency” have the same meanings ascribed to those terms by § 604 of the Fair Credit Reporting Act (15 U.S.C. § 1681(a)); and
  2. (B) “Credit report” means any written, oral, or other communication of information, including a consumer report, by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing or credit capacity, which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing a consumer's eligibility for credit to be used primarily for personal, family, or household purposes.
2. (2) No person having charge, custody of or control over any records or information regarding a violation of this section, including payments made pursuant to receipt of a notice of violation or a citation, whether timely or delinquent, shall disclose these records or information to a consumer reporting agency. In addition, no information regarding a violation shall be disclosed or identified in any credit report.
(n) A local government shall include in any contract involving unmanned traffic enforcement cameras that the contract must conform to any changes in state law. New and existing contracts, as well as contract renewals occurring after July 1, 2012, shall contain a provision that the contract shall comply with all applicable revisions of state law.

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54-3-114(i)

§ 55-8-199. Prohibited uses of wireless telecommunications devices or stand-alone electronic devices. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) As used in this section:
1. (1) “Stand-alone electronic device” means a portable device other than a wireless telecommunications device that stores audio or video data files to be retrieved on demand by a user;
2. (2) “Utility services” means electric, natural gas, water, wastewater, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure; and
3. (3) “Wireless telecommunications device” means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. “Wireless telecommunications device” does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, autonomous technology, or remote diagnostics system.
(b)
1. (1) A person, while operating a motor vehicle on any road or highway in this state, shall not:
  1. (A) Physically hold or support, with any part of the person's body, a:
    1. (i) Wireless telecommunications device. This subdivision (b)(1)(A)(i) does not prohibit a person eighteen (18) years of age or older from:
      1. (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or
      2. (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or
    2. (ii) Stand-alone electronic device;
  2. (B) Write, send, or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1)(B) does not apply to any person eighteen (18) years of age or older who uses such devices:
    1. (i) To automatically convert a voice-based communication to be sent as a message in a written form; or
    2. (ii) For navigation of the motor vehicle through use of a device's global positioning system;
  3. (C) Reach for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be:
    1. (i) In a seated driving position; or
    2. (ii) Properly restrained by a safety belt;
  4. (D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or
  5. (E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
2. (2) Notwithstanding subdivisions (b)(1)(A) and (B), and in addition to the exceptions described in those subdivisions, a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand while the driver is operating a motor vehicle if:
  1. (A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and
  2. (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee.
(c)
1. (1) A violation of this section is a Class C misdemeanor, subject only to imposition of a fine not to exceed fifty dollars ($50.00). However, if the violation is the person's third or subsequent offense or if the violation results in an accident, the fine is one hundred dollars ($100); or if the violation occurs in a work zone when employees of the department of transportation or construction workers are present or in a marked school zone when a warning flasher or flashers are in operation, the fine is two hundred dollars ($200). Any person violating this section is subject to the imposition of court costs not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State and local litigation taxes are not applicable to a case prosecuted under this section.
2. (2) In lieu of any fine imposed under subdivision (c)(1), a person who violates this section as a first offense may attend and complete a driver education course pursuant to § 55-10-301.
3. (3) Each violation of this section constitutes a separate offense.
(d) This section does not apply to the following persons:
1. (1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when in the actual discharge of their official duties;
2. (2) Campus police officers and public safety officers, as defined by § 49-7-118, when in the actual discharge of their official duties;
3. (3) Emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties;
4. (4) Emergency management agency officers of this state or of any county, city, or town, when in the actual discharge of their official duties;
5. (5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property;
6. (6) Employees or contractors of utility services providers acting within the scope of their employment; and
7. (7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles.
(e) A traffic citation that is based solely upon a violation of this section is considered a moving traffic violation.
(f) The department of transportation is directed to utilize the department's permanent electronic overhead informational displays located throughout this state to provide periodic messages to the motoring public as to this section.
(g) The department of safety is directed to include distracted driving as part of the instructional information used in driver education training.

Part 2 Operation of Vehicles — Rules of the Road — Continued

§ 55-8-201. Operation of a platoon.

1. (a) A person may operate a platoon on the streets and highways of this state after the person provides notification to the department of transportation and the department of safety. The notification provided pursuant to this subsection (a) must include a plan for general platoon operations.
2. (b) If the notification and the plan submitted pursuant to subsection (a) are not rejected by either the department of transportation or the department of safety within thirty (30) days after receipt of the notification and the plan, the person may operate a platoon on the streets and highways of this state.
3. (c) For purposes of a platoon operating pursuant to this section:
  1. (1) Vehicles in the platoon are not a caravan or motorcade;
  2. (2) The lead vehicle in the platoon is not drawing any subsequent vehicle in the platoon; and
  3. (3) If the platoon includes a commercial motor vehicle, an appropriately endorsed driver who holds a valid commercial driver license must be present behind the wheel of each commercial motor vehicle in the platoon.

§ 55-8-202. Motor vehicles equipped with autonomous technology.

(a) No political subdivision may by ordinance, resolution, or any other means prohibit within the jurisdictional boundaries of the political subdivision the use of a motor vehicle equipped with autonomous technology if the motor vehicle otherwise complies with all safety regulations of the political subdivision.
(b)
1. (1) “Autonomous technology” means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event;
2. (2) “Driving mode” means a type of driving scenario with characteristic dynamic driving task requirements including, but not limited to, the following:
  1. (A) Expressway merging;
  2. (B) High speed cruising;
  3. (C) Low speed traffic jam; and
  4. (D) Closed-campus operations;
3. (3) “Dynamic driving task” means the operational and tactical aspects of the driving task, but does not include the strategic aspect of the driving task;
4. (4) “Operational” means steering, braking, accelerating, and monitoring the vehicle and roadway;
5. (5) “Strategic” means determining destinations and waypoints; and
6. (6) “Tactical” includes, but is not limited to, the following:
  1. (A) Responding to events; and
  2. (B) Determining when to change lanes, turn, or use signals.

§ 55-8-203. Off-highway vehicles.

(a) Any Class I or Class II off-highway vehicle as defined in § 55-8-101 registered pursuant to chapter 4, part 7 of this title, may be operated on county roads, if the requirements in this section are met. As used in this section, “county road” means a road that has been classified as a county road pursuant to § 54-10-103 or a road for which a county has otherwise assumed control, and does not include a state highway or an interstate or national defense highway. Nothing in this section authorizes the operation on county roads of any all-terrain vehicle or off-highway vehicles other than Class I or Class II off-highway vehicles.
(b) Any Class I or Class II off-highway vehicle operated on county roads pursuant to subsection (a) may, for the purpose of crossing from one (1) road, field, or area of operation to another, be operated upon a state highway or other noncounty road, except upon the interstate and national defense highway system, if:
1. (1) The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
2. (2) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
3. (3) The operator yields the operator's right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
4. (4) Both the headlights and taillights are illuminated when the crossing is made.
(c) A Class I or Class II off-highway vehicle authorized by subsection (a) may be operated if, while on the county roads:
1. (1) The vehicle is equipped with:
  1. (A) Brakes;
  2. (B) At least two (2) taillights, stoplights, and headlights;
  3. (C) Two (2) turn signal lamps or other devices meeting the requirements of § 55-8-144;
  4. (D) A horn meeting the requirements of § 55-9-201;
  5. (E) A roll bar;
  6. (F) Seat belts for each seat;
  7. (G) A manufacturer-installed or equivalent spark arrester;
  8. (H) A manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; and
  9. (I) A windshield, with or without wipers; except, that if the vehicle is not equipped with a windshield, then the operator and each passenger shall wear glasses containing impact resistant lenses, safety goggles, or a transparent face shield; and
2. (2) The operator shall be at least sixteen (16) years of age and possess a valid driver license from this state or an equivalent license from another state, and otherwise comply with this chapter.
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- 55-8-185(c)(5)
(d) A Class I and Class II off-highway vehicle and any person operating such vehicle is subject to all of the requirements or laws applicable to motor vehicles, including the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12, part 1 of this title, relating to financial responsibility; chapter 50 of this title, relating to driver licenses; and chapters 3 and 4 of this title, relating to titling and registration, except as otherwise provided in chapter 4, part 7 of this title, or this section.
(e) Every person operating a Class I or Class II off-highway vehicle upon a county road pursuant to this section shall obey all of the duties applicable to the driver of a motor vehicle under part 1 of this chapter, and chapter 10, parts 1-5 of this title, except as to those provisions that by their nature can have no application.
(f) A person who violates subsections (a)-(e) commits a Class C misdemeanor.
(g) Operation of the following off-highway vehicles shall be exempt from the registration requirements of chapter 4, part 7 of this title, and equipment and safety requirements of this section:
1. (1) An off-highway vehicle operated on any private or public recreational trail or area;
2. (2) An off-highway vehicle operated on an affiliated trail or area operated by a person or entity which has in place a safety program;
3. (3) Off-highway vehicles operated for agricultural purposes;
4. (4) Publicly-owned and operated off-highway vehicles that are used for wildlife management, law enforcement, emergency services, and other such purposes; and
5. (5) Off-highway motor vehicles operated pursuant to § 55-8-185, except those registered as a Class I or Class II off-highway vehicle pursuant to chapter 4, part 7 of this title, and operated on county roads pursuant to this section.
(h) Nothing in this section requires any person to obtain a license pursuant to chapter 17 of this title in order to transfer, sell, or lease any Class I or Class II off-highway vehicle.

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§ 55-8-204. “Slow Poke Law.”

(a) On interstate and multilane divided highways that are two (2) or more lanes in each direction, a person shall not operate a vehicle in the passing lane, except when overtaking or passing a vehicle that is in a nonpassing lane.
(b) This section shall not apply:
1. (1) When the volume of traffic does not permit the vehicle to safely merge into a nonpassing lane;
2. (2) When inclement weather or an official traffic control device makes it necessary to drive in the passing lane;
3. (3) When obstructions or hazards exist in a nonpassing lane;
4. (4) When avoiding traffic moving onto the highway from an acceleration or merging lane;
5. (5) When highway design makes it necessary to drive in the passing lane to exit or turn left;
6. (6) To authorized emergency vehicles engaged in official duties; or
7. (7) To vehicles engaged in highway maintenance and construction operations.
(c) The department of transportation is authorized to use the department's existing permanent electronic overhead informational displays located on the interstate system to provide periodic messages to the motoring public as to this section, including the restriction on the left lane being used as a passing lane only. The department may develop guidelines for the content, length, and frequency of any message to be placed on the displays.
(d) A violation of this section is a Class C misdemeanor punishable by a fine only of fifty dollars ($50.00).
(e) As used in this section:
1. (1) “Nonpassing lane” means any lane that is to the right of the passing lane; and
2. (2) “Passing lane” means:
  1. (A) The furthermost left lane; or
  2. (B) The lane immediately to the right of the furthermost left lane, during the specified hours of specified days of the week when the furthermost left lane is reserved for the exclusive use of high occupancy vehicles pursuant to § 55-8-188.

§ 55-8-205. Vehicular use of bicycle lanes prohibited — Penalties.

(a) As used in this section, “bicycle lane” means any portion of the roadway set aside for the exclusive use of bicycles.
(b) It is an offense for a person to operate a motor vehicle within a bicycle lane, except under the following situations:
1. (1) When parking, stopping, or leaving standing the motor vehicle pursuant to § 55-8-158, § 55-8-160, or other law, upon the right side of the roadway or the roadway's shoulder or berm; provided, that a carrier of passengers for hire or other motor vehicle used to provide public transportation may only be parked, stopped, or left standing within a bicycle lane temporarily when loading or unloading passengers and when the area adjacent to the right-hand edge or curb of the roadway that is otherwise designated or primarily used to load or unload passengers is obstructed;
2. (2) When turning into an intersecting or adjoining highway, drive, road, or driveway; or
3. (3) When yielding the right-of-way to, or temporarily parking or stopping upon the approach of, an authorized emergency vehicle or police vehicle pursuant to § 55-8-132 or other law.
(c) Any person failing to conform with subsection (b) shall receive a warning citation on first offense and be liable for a fine of twenty dollars ($20.00) on second offense, and fifty dollars ($50.00) on third and subsequent offenses.
(d) Nothing in this section preempts or otherwise affects an ordinance or resolution governing the parking, stopping, or standing of motor vehicles in bicycle lanes that is more restrictive than subdivision (b)(1), whether enacted or modified prior to, or on or after, July 1, 2016, by a municipality or county, including a county with a metropolitan form of government.

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55-8-118(c)

§ 55-8-206. Guidelines for best behavior during traffic stops.

(a) Within six (6) months from May 2, 2017, the department of safety, in consultation with state and local law enforcement agencies, shall develop advisory guidelines concerning best behaviors for drivers to exercise when stopped by law enforcement officers.
(b) After the advisory guidelines are completed and approved by the commissioner, the department of education shall make the advisory guidelines an integral part of driver education in this state.
(c) These advisory guidelines shall be promoted to the public, as the department deems fit, to increase awareness and public safety.
(d) Law enforcement officers shall be trained that citizens may, but are not required to, follow the advisory guidelines established pursuant to this section, and that citizens shall not be liable for any civil damages or subject to any other liability or action for any failure to comply with these guidelines.

§ 55-8-207. Removal of points charged for speeding conviction upon completion of defensive driving course.

A person who is charged with speeding and subsequently convicted and who successfully completes a department-approved defensive driving course within ninety (90) days of the conviction shall have the points charged to the person's driving record for the speeding conviction removed; provided, that five (5) points is the maximum number of points that may be removed from the person's driving record. This section may be applied to only one (1) speeding offense for each driving course completed and only once in a four-year period.

§ 55-8-208. Regulation of use and operation of electric scooter.

Section 55-8-302 applies to an electric scooter and any person operating an electric scooter, including an exclusion from chapters 3 and 4 of this title, relating to titling and registration. Nothing in this section or § 55-8-302 preempts a county, municipality, or metropolitan form of government, by ordinance of its legislative body, from regulating, controlling, or banning the use and operation of electric scooters within the geographic boundaries of the county, municipality, or metropolitan government. The ordinances must be reasonably related to promotion and protection of the health, safety, and welfare of riders, operators, pedestrians, and motorists.

§ 55-8-209. Regulation of use and operation of personal delivery device.

(a) A personal delivery device must:
1. (1) Yield or not obstruct the right-of-way to all other traffic, including pedestrians;
2. (2) Not unreasonably interfere with other traffic, including pedestrians;
3. (3) If the personal delivery device is being operated between sunset and sunrise, be equipped with lighting on both the front and rear of the personal delivery device visible in clear weather from a distance of at least five hundred feet (500') to the front and rear of the personal delivery device; and
4. (4) Not transport hazardous materials regulated under the Hazardous Materials Transportation Act (49 U.S.C. § 5103) that are required to be placarded under 49 CFR Part 172, Subpart F.
(b) A personal delivery device may be operated in a pedestrian area at speeds up to ten (10) miles per hour.
(c) A personal delivery device must:
1. (1) Be equipped with a marker that clearly states the name and contact information of the owner and a unique identification number; and
2. (2) Be equipped with a braking system that enables the device to come to a controlled stop.
(d) A personal delivery device and any entity that operates a personal delivery device is not subject to any requirements or laws applicable to motor vehicles, including the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12, part 1 of this title; the Uniform Classified and Commercial Driver License Act of 1988, compiled in chapter 50 of this title; and chapters 3 and 4 of this title, relating to titling and registration.
(e) Personal delivery devices may be prohibited by local resolutions or ordinances if the local government determines that the prohibition is necessary, in the interest of public safety. This section does not affect the authority of a local authority's law enforcement officers to enforce the laws of this state relating to the operation of a personal delivery device.
(f) An entity that operates a personal delivery device must maintain an insurance policy that includes general liability coverage of not less than one hundred thousand dollars ($100,000) for damages arising from the combined operations of personal delivery devices under a personal delivery device operator's control.

§ 55-8-210. Operation of golf cart on public roadway within boundaries of retail and entertainment district.

(a) As used in this section, “retail and entertainment district” means an area that meets the geographical description set forth in § 57-4-102(29)(D)(ii)(b).
(b) The governing body of any municipality having a population of not less than one hundred sixty-six thousand seven hundred (166,700) and not more than one hundred sixty-six thousand eight hundred (166,800), according to the 2020 and any subsequent federal census, may authorize and regulate the operation of a golf cart on any public roadway within the boundaries of a retail and entertainment district that is not a part of the interstate and national defense highway system, when the roadway is closed to motor vehicular traffic, upon the governing body of the municipality adopting an ordinance by a two-thirds (⅔) vote specifying each roadway that is open for golf cart use. The municipality shall provide written notification to the department of safety prior to such ordinance becoming effective.
(c) The ordinance must require that a golf cart operated on a designated public roadway:
1. (1) Be issued a permit for the golf cart by the municipality; and
2. (2) Display a sticker or permit that identifies that the golf cart is allowed to be operated on specific roadways closed to motor vehicular traffic within the boundaries of the retail and entertainment district.
(d) Following the adoption of such an ordinance, a person who owns, operates, or is employed by a business establishment located within or adjacent to the retail and entertainment district may operate a golf cart on a public roadway closed to motor vehicular traffic pursuant to subsection (b) if:
1. (1) The posted speed limit of the designated public roadway is thirty-five miles per hour (35 mph) or less;
2. (2) The operator of the golf cart does not cross a roadway having a posted speed limit of more than thirty-five miles per hour (35 mph);
3. (3) The golf cart is being operated between one-half (½) hour after sunrise and one-half (½) hour before sunset;
4. (4) The operator and any passengers in the front seat are restrained by a safety belt at all times the golf cart is in forward motion;
5. (5) The golf cart is equipped with the following:
  1. (A) Headlights;
  2. (B) A tail lamp, stop lights, and reflectors or an emblem or placard for slow-moving vehicles;
  3. (C) A mirror; and
  4. (D) Brakes;
6. (6) The headlights of the golf cart are displayed during operation; and
7. (7) The driver possesses a valid driver license.
(e) Any person operating a golf cart on a public roadway closed to motor vehicular traffic under this section is subject to this chapter.
(f) This section does not apply to a golf cart that is not used on a public roadway except to cross a roadway while following a golf cart path on a golf course.

§ 55-8-211. Informational material on how to interact with law enforcement when person is being pulled over.

The department of safety, in consultation with local law enforcement agencies, shall produce informational material on how to interact with law enforcement when a person is being pulled over. This information may include, but is not limited to, the following:
1. (1) What a law enforcement vehicle will look like;
2. (2) How a law enforcement vehicle will act when stopping a person;
3. (3) How a person being stopped can verify the vehicle is operated by a law enforcement officer; and
4. (4) How a person may proceed if the person wants to travel to a safer location for the traffic stop.

§ 55-8-212. Unlawful camping.

(a) It is unlawful for a person to engage in camping:
1. (1) On the shoulder, berm, or right-of-way of a state or interstate highway; or
2. (2) Under a bridge or overpass, or within an underpass, of a state or interstate highway.
(b) Notwithstanding § 39-14-414, a violation of this section is a Class C misdemeanor, punishable only by a fine of fifty dollars ($50.00) and community service work not less than twenty (20) hours nor more than forty (40) hours; except, that a person who violates this section must receive a warning citation for a first offense. In lieu of a fine and community service, the court may require a person convicted under this section to remove litter from the state or local highway system, public playgrounds, public parks, or other appropriate public locations for not less than twenty (20) hours nor more than forty (40) hours.
(c) For purposes of this section, “camping” means:
1. (1) Erecting, placing, maintaining, or using temporary structures, such as tents, tarps, and other temporary shelters, for living accommodation activities, such as sleeping or making preparations to sleep;
2. (2) Carrying on cooking activities, whether by fire or use of artificial means, such as a propane stove or other heat-producing portable cooking equipment; or
3. (3) Sleeping outside of a motor vehicle or making preparations to sleep outside of a motor vehicle, including laying down a sleeping bag, blanket, or other material used for bedding.

Part 3 Electric Bicycles

§ 55-8-301. Part definitions.

As used in this part:
1. (1) “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour (20 mph);
2. (2) “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour (20 mph);
3. (3) “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour (28 mph); and
4. (4) “Electric bicycle” means a device upon which any person may ride that is equipped with two (2) or three (3) wheels, any of which is twenty inches (20″) or more in diameter, fully operable pedals for human propulsion, and an electric motor of less than seven hundred fifty (750) watts, and meets the requirements of one (1) of the three (3) classes of electric bicycles defined in subdivision (1), (2), or (3).

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§ 55-8-302. Requirements and laws applicable to electric bicycles.

An electric bicycle and any person operating an electric bicycle is not subject to any requirements or laws applicable to motor vehicles, including the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12, part 1 of this title; the Uniform Classified and Commercial Driver License Act of 1988, compiled in chapter 50 of this title; and chapters 3 and 4 of this title, relating to titling and registration. Except as otherwise specified by this part, the requirements and laws applicable to bicycles in this title shall apply to electric bicycles.

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55-8-208

§ 55-8-303. Label.

(a) On or after January 1, 2017, every manufacturer or distributor of new electric bicycles intended for sale or distribution in this state shall permanently affix, in a prominent location, to the electric bicycle a label that contains the classification number, top assisted speed, and motor wattage of the electric bicycle, and is printed in Arial font in at least nine-point type.
(b) On or after January 1, 2017, no new electric bicycle shall be sold to the general public in this state unless a label is affixed to the electric bicycle pursuant to subsection (a).
(c) A violation of subsection (a) or (b) is an unfair and deceptive act or practice under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.

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55-8-304

§ 55-8-304. Unlawful modification of electric bicycle.

It is an offense for a person to knowingly modify an electric bicycle so as to change the speed capability of the electric bicycle and not appropriately replace, or cause to be replaced, the label indicating the classification required in § 55-8-303. A violation of this section is a Class C misdemeanor.

§ 55-8-305. Equipment requirements.

(a) No electric bicycle shall be operated upon any street or highway unless the electric bicycle:
1. (1) Complies with applicable equipment and manufacturing requirements for electric bicycles established by state and federal law, including federal standards adopted by the United States consumer product safety commission and compiled in 16 CFR Part 1512; and
2. (2) Is equipped in such a manner that the electric motor is disengaged or ceases to function when the brakes are applied, or that the electric motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.
(b) No class 3 electric bicycle shall be operated upon any street or highway unless it is equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour.
(c) A person who knowingly operates an electric bicycle in violation of subsection (a) or (b) commits a Class C misdemeanor.

§ 55-8-306. Operation of electric bicycle on street or highway or path or trail.

(a)
1. (1) A class 1 electric bicycle or a class 2 electric bicycle may be operated on any part of a street or highway where bicycles are authorized to travel, including a bicycle lane or other portion of a roadway designated for exclusive use by bicyclists, the shoulder or berm, and any path or trail intended for use by bicyclists.
2. (2) A local government or state agency having jurisdiction over any part of any path or trail where bicycles are authorized to travel may regulate or prohibit, by resolution or ordinance if a local government or by rule or policy if a state agency, the operation of a class 1 electric bicycle or class 2 electric bicycle on that path or trail, if the local government or state agency determines that the regulation or prohibition is necessary, in the interest of public safety.
3. (3) No class 3 electric bicycle shall be operated on any part of a path or trail where bicycles are authorized to travel, unless the path or trail is within or adjacent to the street or highway, or the local governing body or state agency having jurisdiction over the path or trail permits, by resolution or ordinance if a local government or by rule or policy if a state agency, the operation of a class 3 electric bicycle on that path or trail.
4. (4) No electric bicycle shall be operated on any sidewalk unless the use of bicycles on sidewalks is authorized by resolution or ordinance if a local government or by rule or policy if a state agency, of the local government or state agency having jurisdiction over that sidewalk, and the electric motor is disabled.
5. (5) Any local resolution or ordinance or state agency rule or policy adopted in accordance with this subsection (a) shall use the definitions in this part for electric bicycle, class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. References to motor vehicles in any local resolution or ordinance shall not be applicable to an electric bicycle.
6. (6) A person who knowingly operates an electric bicycle in violation of subdivision (a)(3) or (a)(4) commits a Class C misdemeanor.
(b) On any roadway, highway, or street, electric bicycles shall be restricted, limited, or excluded by local resolutions and ordinances to the same extent as bicycles are restricted, limited, or excluded.

§ 55-8-307. Prohibited operation of class 3 electric bicycle by person under 14 years of age — Helmet requirements.

(a) It is a delinquent act for a person under fourteen (14) years of age to operate a class 3 electric bicycle upon any street or highway; provided, that the person may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
(b) The operator and all passengers of a class 3 electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet meeting federal standards established by the United States consumer product safety commission or the American Society for Testing and Materials. A label on the helmet shall be affixed signifying the helmet complies with this subsection (b).
(c)
1. (1) A violation of subsection (a) shall be punishable only by a fine not to exceed fifty dollars ($50.00).
2. (2) A person who violates subsection (b) commits a Class C misdemeanor.

Chapter 9 Equipment — Lighting Regulations

Part 1 General Provisions

§ 55-9-101. Chapter definitions. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

As used in this chapter:
1. (1) “Autocycle,” “motor vehicle,” “motorcycle,” “motorized bicycle,” and “motorscooter” have the meanings ascribed to them in § 55-8-101; and
2. (2) “Automated driving system,” “ADS,” and “ADS-operated vehicle” have the meanings ascribed to them in § 55-30-102.

§ 55-9-101. Chapter definitions. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

As used in this chapter:
1. (1) “Autocycle,” “motor vehicle,” “motorcycle,” “motor-driven cycle,” and “motorized bicycle” have the meanings ascribed to them in § 55-8-101; and
2. (2) “Automated driving system,” “ADS,” and “ADS-operated vehicle” have the meanings ascribed to them in § 55-30-102.

§ 55-9-102. Emergency parts and accessories to be carried by various type motor vehicles.

Every motor vehicle, according to its type or character of operation as listed in subdivisions (1) and (2), shall carry at all times the following emergency parts and accessories, which shall be in proper and effective working order and available for immediate use:
1. (1) On every bus, truck, or truck tractor, except pickup trucks having not more than two (2) rear wheels and equipped with emergency flashing lights at front and rear:
  1. (A) At least one (1) fire extinguisher, of a type inspected and labeled by Underwriters' Laboratories, Inc., under classification B, and utilizing an extinguishing agent that does not need protection from freezing (minimum size, two-pound dry chemical type);
  2. (B) One (1) red lantern, when projecting loads are carried; and
  3. (C) One (1) red cloth flag, not less than twelve inches (12″) square, when projecting loads are carried;
2. (2) On every bus, truck, and truck tractor, except pickup trucks having not more than two (2) rear wheels and equipped with emergency flashing lights at front and rear, operating outside the corporate limits of municipalities, excepting buses subject to the general supervision and regulation, jurisdiction and control of the governing body of a municipality under §§ 65-4-101, 65-4-104 and 65-16-101 [repealed], and operating within the territorial limits of the regulatory jurisdiction of the governing body:
  1. (A) All items listed under subdivision (1);
  2. (B) One (1) set of tire chains, for all vehicles likely to encounter conditions requiring them;
  3. (C)
    1. (i) At least three (3) flares or three (3) red emergency reflectors, or three (3) red electric lanterns, unless the motor vehicle is operated solely on streets or highways that are artificially lighted at night;
    2. (ii) Each flare (liquid burning pot torch) or red emergency reflector or red electric lantern shall be capable of being seen and distinguished at a distance of five hundred feet (500′) under normal atmospheric conditions;
    3. (iii) Each flare (pot torch) shall be capable of burning for not less than twelve (12) hours in five miles per hour (5 mph) wind velocity, capable of burning in any air velocities from zero to forty miles per hour (0-40 mph), substantially constructed so as to withstand reasonable shock without leaking, and shall be carried in a metal rack or box. Each red electric lantern shall be capable of operating continuously for not less than twelve (12) hours and shall be substantially constructed so as to withstand reasonable shock without breakage;
    4. (iv) Each red emergency reflector shall conform in all respects to the requirements of the following specifications, and must be approved for use in Tennessee by the department of safety:
      1. (a) Each red emergency reflector shall be comprised of a multiplicity of red reflecting elements on each side, not less than two (2), front and back, every one of which red reflecting elements shall conform as a minimum requirement to the specifications for Class A Reflex Reflectors contained in the SAE Handbook, 1944 edition (published by the Society of Automotive Engineers, 29 West 39th Street, New York, New York). The aggregate candlepower output of the reflecting elements of the device when tested in the perpendicular position at one-third degree (⅓°) as specified by SAE photometric procedure shall be not less than twelve (12);
      2. (b) If the reflecting surfaces or reflector elements would be adversely affected by dust, soot, or other foreign matter, they shall be adequately sealed within the body of the units in which they are incorporated. Each reflector device shall be of such weight and dimensions as to remain stable and stationary when in a forty mile per hour (40 mph) wind on any road surface on which it is likely to be used, and shall be so constructed as to withstand reasonable shock without breakage. Each reflector device shall be so constructed that the reflecting elements shall be in a plane perpendicular to the plane of the roadway when placed thereon; and
      3. (c) Reasonable protection shall be afforded each reflector device, and the reflecting elements incorporated therein, by enclosure in a box or rack from which the three (3) devices readily may be extracted for use. In the event the reflector devices are collapsible, locking means shall be provided to maintain the reflecting elements in effective position, and the locking means shall be readily capable of adjustment without the use of tools or special equipment;
    5. (v) Each unit of a set of three (3) red emergency reflectors shall be marked plainly with the certification of the manufacturer that it fulfills the requirements of these specifications; and
    6. (vi) Each red emergency reflector when used shall be so placed on the highway as to reflect to oncoming vehicles the maximum amount of reflected light;
  4. (D) At least three (3) red burning fusees (if carrier elects to carry and use flares as warning signals), unless the motor vehicle is operated solely on streets or highways that are artificially lighted at night. Each fusee shall be made in accordance with the specifications of the Bureau of Explosives, 30 Vesey Street, New York, New York, and so marked, and shall be capable of burning at least fifteen (15) minutes; and
  5. (E) At least two (2) red flags of cloth, synthetic or man-made material, not less than twelve inches (12″) square, with standards; and
3. (3) On motor vehicles used for the driver education and training course for Class D vehicles as provided by § 55-50-322(f), there may be equipped amber light-emitting diode (LED) lights on the front and rear of the motor vehicles only if the amber light-emitting diode lights are not placed in the driver's line of sight.

§ 55-9-103. Display of warning devices during period of disablement of certain vehicles.

Whenever any bus, truck, or truck tractor, except pickup trucks having not more than two (2) rear wheels and equipped with emergency flashing lights at front and rear, is disabled upon the traveled portion of the highway or the shoulder next thereto, except within a business or residential district of a municipality, the following requirements shall be complied with during the period of the disablement:
1. (1) During the time when lights are required, that is, between one-half (½) hour after sunset and one-half (½) hour before sunrise and at all other times when there is not sufficient light to render clearly discernible a person two hundred feet (200′) ahead, a lighted fusee shall be immediately placed on the roadway at the traffic side of the motor vehicle. As soon thereafter as possible, and in any case within the burning period of the fusee, three (3) lighted flares or pot torches shall be placed on the roadway as follows:
  1. (A) One (1) in the center of the line of traffic occupied by the disabled motor vehicle not less than forty (40) paces or approximately one hundred feet (100′) distant therefrom in the direction of traffic approaching in that line;
  2. (B) One (1) not less than forty (40) paces, or approximately one hundred feet (100′) from the vehicle in the opposite direction;
  3. (C) One (1) at the traffic side of the vehicle approximately ten feet (10′) rearward or forward thereof;
  4. (D) If the motor vehicle is disabled within three hundred feet (300′) of a curve, crest of a hill or other obstruction to view, the flare in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than forty (40) paces, approximately one hundred feet (100′) nor more than one hundred twenty (120) paces, approximately three hundred feet (300′), from the disabled vehicle;
  5. (E) Care should be taken in placing any flare, fusee, or any signal produced by a flame to prevent igniting any gasoline or other inflammable liquid or gas; and
  6. (F) As to every motor vehicle used for the transportation of inflammable liquids or inflammable compressed gas in cargo tanks, whether loaded or empty, the use of flares, pot torches, fusees or any signal produced by a flame is prohibited, and lighted red electric lanterns or red emergency reflectors shall be used in lieu thereof. Every motor vehicle, whether required to carry red electric lanterns or red emergency reflectors or not, may carry the red electric lanterns or red emergency reflectors in lieu of flares, pot torches and fusees. The placement of the red electric lanterns or red emergency reflectors in the event of disablement shall be the same as the requirements for the placing of pot torches, fusees or flares; and
2. (2) During the time that lights are not required, red flags shall be placed in the manner prescribed for the lighted electric lanterns or flares, except that no flag shall be required to be placed at the side of the vehicle; however, if the disablement continues into the period when lights are required, lighted flares or lighted red electric lanterns or red emergency reflectors shall then be placed as prescribed.

§ 55-9-104. Vehicles stopping for causes other than disablement — Display of warning devices.

(a) Whenever any bus, truck or truck tractor is stopped upon the traveled portion of the highway or the shoulder next thereto, except within a business or residential district of a municipality or for any cause other than disablement or for necessary traffic stops, the following requirements shall be complied with during the period of the stop:
1. (1) During the time that lights are required, a lighted fusee or lighted red electric lantern or red emergency reflector shall be immediately placed on the roadway at the traffic side of the motor vehicle. Pickup trucks having not more than two (2) rear wheels may comply with this subdivision (a)(1) by displaying emergency flashing lights at the front and rear; and
2. (2) If the stop exceeds or is intended to exceed ten (10) minutes, the placing of flares, red electric lanterns or red emergency reflectors or flags shall be in the manner prescribed for disabled vehicles. Pickup trucks having not more than two (2) rear wheels may comply with this subdivision (a)(2) by displaying emergency flashing lights at the front and rear.
(b) Except during the time that lights are required to be displayed by § 55-9-401, none of the provisions of this chapter that relate to fire extinguishers, red lanterns, red flags, tire chains, flares, and fusees, shall apply to trucks and pickup trucks owned and operated by any person in the transportation of produce and farm products grown exclusively by that person in transporting them to and from market.

§ 55-9-105. Televisions in motor vehicles — Operation or installation — Applicability — Violations.

(a) A person shall not operate a motor vehicle with a television receiver, a video monitor, or a television or video screen capable of displaying a television broadcast or video signal that produces entertainment or business applications, if the receiver, monitor or screen is intended to display images visible to the driver in a normal position when the vehicle is in motion.
(b) A person shall not install in a motor vehicle a television receiver, a video monitor, or a television or video screen capable of displaying a television broadcast or video signal that produces entertainment or business applications, if the receiver, monitor or screen is intended to display images visible to the driver in a normal position when the vehicle is in motion.
(c) The prohibitions contained in this section shall not apply to:
1. (1) The following equipment when installed in a motor vehicle:
  1. (A) A vehicle information display;
  2. (B) A navigation or global positioning display;
  3. (C) A visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle; or
  4. (D) A television receiver, video monitor, television or video screen or any other similar means of visually displaying a television broadcast or video signal, if the equipment is designed to prevent the driver from viewing the entertainment or business application when the motor vehicle is being driven;
2. (2) Television receivers or monitors used in government-owned vehicles by law enforcement officers in the course of their official duties;
3. (3) A wireless telephone or communication device when used for placing or receiving a telephone call or to access a navigation or global positioning display;
4. (4) Electronic monitors or displays used to monitor livestock being transported;
5. (5)
  1. (A) Computer or other electronic displays or monitors used in utility vehicles by employees of the utility in the course of their official duties; provided, however, that use shall be permitted only while the vehicle is stopped, standing or parked;
  2. (B) As used in subdivision (c)(5)(A), “utility” means any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service or any combination thereof, for sale to consumers in any particular service area; and
  3. (C) As used in subdivision (c)(5)(B), “cooperative” means any cooperative providing utility services, including, but not limited to, electric or telephone services, or both; or
6. (6)
  1. (A) When a motor vehicle's autonomous technology is engaged, an operator may use an integrated electronic display for communication, information, and other uses enabled by the display; provided, that the display is integrated with the vehicle such that it operates and functions in coordination with such autonomous technology and disables automatically any moving images visible to the motor vehicle operator when the autonomous technology is disengaged;
  2. (B) As used in subdivision (c)(6)(A), “autonomous technology” means technology installed on a motor vehicle that has the capability to drive the motor vehicle without the active physical control or monitoring by a human operator.
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    55-30-105(2)
    55-30-108
(d) This section does not apply to local, state or federal law enforcement officers who are engaged in the performance of their official duties.
(e) A violation of this section is a Class C misdemeanor.

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55-30-104

§ 55-9-106. Studded tires.

(a) No person shall use a tire on a vehicle moved on a highway that has on its periphery any block, stud, flange, cleat, or spike or any other protuberances of a material other than rubber that projects beyond the tread of the traction surface of the tire, except as otherwise provided in this section.
(b) A person may operate on a highway a vehicle equipped with a tire that has imbedded in it wire or other material for improving traction on snow and ice during the period of October 1 through April 15 of each year. Such a tire shall be so constructed that the percentage of wire or other material in contact with the roadway does not exceed, after the first one thousand (1,000) miles of use or operation, five percent (5%) of the total tire area in contact with the roadway. During the first one thousand (1,000) miles of use or operation of any such tire, the wire or other material in contact with the roadway shall not exceed twenty percent (20%) of the total tire area in contact with the roadway. The studded tires allowed by this subsection (b) shall not be used at any time on a vehicle with a maximum gross weight of more than nine thousand pounds (9,000 lbs.), unless this a vehicle is a school bus or an emergency vehicle.
(c) It is permissible to use tire chains of reasonable proportions on any vehicle when required for safety because of snow, ice, or other condition tending to cause a vehicle to skid.
(d) It is permissible to use farm machinery with tires having protuberances that will not injure a highway.

§ 55-9-107. Tinted motor vehicle windows.

(a)
1. (1) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle in which any window that has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, codified in 49 CFR 571.205, has been altered, treated or replaced by the affixing, application or installation of any material that:
  1. (A) Has a visible light transmittance of less than thirty-five percent (35%); or
  2. (B) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below seventy percent (70%).
2. (2) Any person who installs window tinting materials in this state for profit, barter, or wages or commissions is defined as a “professional installer” for the purposes of this section; and it is unlawful for a professional installer to apply tinting materials to any motor vehicle so as to cause that motor vehicle to be in violation of this section.
3. (3) All professional installers of window tinting materials shall supply and shall affix to the lower right corner of the driver's window an adhesive label, the size and style of which shall be determined by the commissioner of safety, that includes:
  1. (A) The installer's business name; and
  2. (B) The legend “Complies with Tennessee Code Annotated, § 55-9-107.”
4. (4) All professional installers of window tinting materials shall supply each customer with a signed receipt for each motor vehicle to which tinting materials have been applied that includes:
  1. (A) Date of installation;
  2. (B) Make, model, paint color and license plate number and state;
  3. (C) The legend “Complies with Tennessee Code Annotated, § 55-9-107, at date of installation”; and
  4. (D) The legend “This receipt shall be kept with motor vehicle registration documents.”
5. (5) The owner of any vehicle in question has the burden of proof that the motor vehicle is in compliance with this section.
6. (6)
  1. (A) The restrictions of this subsection (a) do not apply to any of the following motor vehicles:
    1. (i) Any motor vehicle model permitted by federal regulations to be equipped with certain windows tinted so as not to conform to the specifications of subdivision (a)(1)(A) with respect to those certain windows;
    2. (ii) Any motor vehicle bearing commercial license plates or government service license plates that are used for law enforcement purposes, for those windows rearward of the front doors;
    3. (iii) Any motor vehicle that is registered in another state and meets the requirements of the state of registration; and
    4. (iv) Any motor vehicle owned or leased by private investigators or investigations companies licensed pursuant to title 62, chapter 26.
  2. (B) This subdivision (a)(6) shall not be construed in any way to exempt the front door windows of any motor vehicle of any kind from the specifications of subdivision (a)(1)(A).
(b)
1. (1) Notwithstanding subdivision (a)(1) to the contrary, any person with a medical condition that is adversely affected by ultraviolet light may submit a statement to the commissioner from that person's physician certifying that the person has a medical condition that requires reduction of light transmission in the windows of the person's vehicle in excess of the standards established in subsection (a). The commissioner shall submit the certified statement to the department's medical review board for evaluation. If the review board finds the exemption warranted, it shall recommend that the commissioner authorize the exemption, and the degree of tinting exemption that is appropriate. The commissioner shall then supply a certificate or decal, indicating the degree of exemption, to the applicant who shall display it in the motor vehicle.
2. (2) Any applicant aggrieved by a decision of the medical review board or the commissioner may appeal in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The appeal may be made to the chancery court of the county where the aggrieved applicant resides at the option of the applicant.
(c) It is probable cause for a full-time, salaried police officer of this state to detain a motor vehicle being operated on the public roads, streets or highways of this state when the officer has a reasonable belief that the motor vehicle is in violation of subdivision (a)(1), for the purpose of conducting a field comparison test.
(d) It is a Class C misdemeanor for the operator of a motor vehicle to refuse to submit to the field comparison test when directed to do so by a full-time, salaried police officer, or for any person to otherwise violate any provisions of this section.
(e) The commissioner of safety shall establish a standardized method and procedure by which law enforcement officers can readily, and with reasonable accuracy, conduct a field comparison test to determine if a motor vehicle's windows are in compliance with this section.

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§ 55-9-108. Airbags.

(a) For purposes of this section:
1. (1) “Airbag” means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system;
2. (2) “Counterfeit supplemental restraint system component” means a replacement supplemental restraint system component, including, but not limited to, an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively;
3. (3) “Nonfunctional airbag” means a replacement airbag that meets any of the following criteria:
  1. (A) The airbag was previously deployed or damaged;
  2. (B) The airbag has an electric fault that is detected by the vehicle's airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;
  3. (C) The airbag includes a part or object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or
  4. (D) The airbag is subject to the prohibitions of 49 U.S.C. § 30120(j); and
4. (4) “Supplemental restraint system” (“SRS”):
  1. (A) Means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems, as defined in 49 CFR 571.208; and
  2. (B) Includes one (1) or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following:
    1. (i) The airbag operates in the event of a crash; and
    2. (ii) The airbag is designed in accordance with federal motor vehicle safety standards of the specific make, model, and year of the motor vehicle in which it is or will be installed.
(b) A person shall not knowingly manufacture, import, install, reinstall, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component, nonfunctional airbag, or device that does not meet federal motor vehicle safety standards as provided in 49 CFR 571.208.
(c) A person shall not knowingly sell, install, or reinstall in a vehicle, any device that causes the vehicle's diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag, or when no airbag is installed.
(d) A violation of this section is a Class A misdemeanor.

Part 2 Required Equipment on Vehicles

§ 55-9-201. Horn — Bells, sirens or exhaust whistles on emergency vehicles — Penalty for violations.

(a) Every motor vehicle, when operated upon any road, street or highway of the state, shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet (200′), and it is unlawful, except as otherwise provided in this section, for any vehicle to be equipped with or for any person to use upon a vehicle any siren, exhaust, compression or spark plug whistle or for any person at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.
(b) Every police, fire department and fire patrol vehicle, and every ambulance and emergency repair vehicle of public service companies used for emergency calls, shall be equipped with a bell, siren, or exhaust whistle of a type approved by the department, or local police authorities in incorporated cities or towns. Members of volunteer fire departments residing outside of incorporated communities may equip vehicles, to be used in fire patrol work, with warning devices of the type approved by the department or by the sheriff of the county in which the vehicles are to be operated.
(c)
1. (1) Members of regular or volunteer fire departments may equip their privately owned vehicles to be used in responding to a fire alarm or other emergency with warning devices approved by the local fire chief, upon written certification to the local sheriff or police chief that the person is a member of the department. In the event the warning devices are abused or used for other than their intended purpose by a member of the fire department, the local fire chief shall revoke the member's privilege of using the warning devices and shall notify, in writing, the local sheriff or police chief of the revocation.
2. (2) Subdivision (c)(1) shall not apply to counties with populations of:
  3. 83,30083,400
  4. 85,72585,825
  5. 143,900144,000
  6. 250,000300,000
  7. 400,000—
3. according to the 1980 federal census or any subsequent federal census.
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(d)
1. (1) The prohibition in subsection (a) does not apply to any privately-owned motor vehicle that is primarily operated for business purposes by any salesperson, service representative, employee, lessee, or duly authorized agent of an emergency equipment company; provided, that the vehicle is marked with the lettering required by subdivision (d)(3).
2. (2) Any person operating a motor vehicle pursuant to this subsection (d) shall carry a copy of the company's business license or the person's or owner of the company's professional or occupational license, certification or registration issued by this state and appropriate identification issued by the owner of the company.
3. (3) Lettering shall be displayed on the left and right sides of the vehicle identifying the name of the company for which the vehicle is operated and on the front and rear of the vehicle designating it a “Demonstration Vehicle.” The lettering shall be painted or affixed on, or attached to, the vehicle in a permanent manner, and shall be at least three inches (3″) in size.
4. (4) Nothing in this subsection (d) imposes any duty or obligation on a manufacturer of motor vehicles used by or sold to emergency equipment companies to equip the audible warning devices allowed in this subsection (d) at the time of manufacture or sale.
5. (5) Nothing in this subsection (d) shall be construed to permit the operator of an emergency equipment company vehicle from operating any audible warning device authorized by this subsection (d) while the vehicle is on a public road, whether in motion or stationary.
6. (6) As used in this section, “emergency equipment company” or “company” means any entity licensed as required by this state to sell or repair bells, sirens, or exhaust, compression or spark plug whistles, or other audible warning devices or equipment designed for use on motor vehicles that are operated for authorized law enforcement, emergency response, or other public safety activities.
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- 39-16-301(d)(1)
- 39-16-301(d)(2)
(e) A violation of this section is a Class C misdemeanor.

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§ 55-9-202. Mufflers — Muffler cutouts prohibited — Penalty.

(a) It is unlawful for a person to drive a motor vehicle on a road, street, or highway if the motor vehicle is not equipped with a muffler in good working order and in constant operation. A motor vehicle's muffler is deemed to be not in good working order or in constant operation if the motor vehicle produces excessive or unusual noise or annoying smoke.
(b) It is unlawful to use a “muffler cutout” on any motor vehicle upon any road, street or highway.
(c) This section does not apply to farm tractors or implements of husbandry, as those terms are defined in § 55-8-101.
(d) For purposes of this section, “excessive or unusual noise” includes motor noise emitted by a motor vehicle, other than a motorcycle, that is noticeably louder than similar vehicles in the environment and a sound pressure level in excess of ninety-five decibels (95 dB).
(e) It is a defense to prosecution regarding excessive or unusual noise if the person provides satisfactory evidence that the vehicle's muffler does not emit noise in excess of ninety-five decibels (95 dB) as measured in accordance with applicable standards and specifications outlined by the Society of Automotive Engineers.
(f) A violation of this section is a Class C misdemeanor.

§ 55-9-203. Windshield must be equipped with wipers — Penalty.

(a) Every motor vehicle having a windshield shall be equipped with two (2) windshield wipers for cleaning rain, snow or other moisture from the windshield in order to provide clear vision for the driver, unless one (1) windshield wiper cleans to within one inch (1″) of each side of windshield.
(b) A violation of this section is a Class C misdemeanor.

§ 55-9-204. Brakes — Equipment required on various type vehicles — Penalty.

(a) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If these two (2) separate means of applying brakes are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(b) Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one (1) brake, which may be operated by hand or foot.
(c)
1. (1) Every trailer or semitrailer of a gross weight of three thousand pounds (3,000 lbs.) or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and the brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied.
2. (2) Subdivision (c)(1) does not apply to any trailer or semitrailer operating solely intrastate with a gross vehicle weight rating (GVWR) of seven thousand five hundred pounds (7,500 lbs.) or less and equipped with a hydraulic breakaway mechanism that is separate from the hitch itself and utilizes surge brakes. “Surge brakes” is defined as a system complying with SAE Standards J135, J661, J667, and J684 whereby the brakes of a trailer are actuated as a result of the forward pressure of the trailer against the tow vehicle during deceleration.
(d) Every new motor vehicle, trailer, or semitrailer sold after May 21, 1937, in this state and operated upon the highways shall be equipped with service brakes upon all wheels of the vehicle, except trucks and truck tractors having three (3) or more axles need not have brakes on the front wheels, unless these vehicles are equipped with at least two (2) steerable axles, the wheels of one (1) such axle need not be equipped with brakes, except any motorcycle, and except that any semitrailer of less than one thousand five hundred pounds (1,500 lbs.) gross weight need not be equipped with brakes.
(e) The requirements of subdivision (c)(1) and subsection (d) shall not apply to trailers that are not required to be registered and licensed and that are used by or on behalf of farmers:
1. (1) Transporting farm products or livestock from farm to market;
2. (2) Transporting products, equipment, materials or supplies used in agricultural pursuits from market to farm or in their transfer from farm to farm or from one (1) part of a farm to another part of the same farm; or
3. (3) Delivering the trailer to any farm.
(f) A violation of this section is a Class C misdemeanor.

§ 55-9-205. Performance ability of brakes — Penalty.

(a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop the vehicle or vehicles when traveling twenty miles per hour (20 mph) within a distance of thirty feet (30′) when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent (1%).
(b) Under the conditions in subsection (a), the hand brake shall be adequate to stop the vehicle or vehicles within a distance of fifty-five feet (55′) and the hand brake shall be adequate to hold the vehicle or vehicles stationary on any grade upon which operated.
(c) Under the conditions in subsection (a), the service brakes upon a motor vehicle equipped with two (2) wheel brakes only, and when permitted, shall be adequate to stop the vehicle within a distance of forty feet (40′) and the hand brake adequate to stop the vehicle within a distance of fifty-five feet (55′).
(d) All braking distances specified in this section shall apply to all vehicles mentioned, whether the vehicles are not loaded or are loaded to the maximum capacity permitted under this chapter.
(e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
(f) A violation of this section is a Class C misdemeanor.

§ 55-9-206. Trucks to be equipped with rearview mirror.

Any motor truck using the streets, roads, highways, and other public thoroughfares, which, by reason of its construction, either when loaded or unloaded, prevents the driver's view of the rear, shall be equipped with a mirror arranged in a manner and maintained so that the driver or operator may view the roadway to the rear and note the approach of vehicles from the rear of the motor truck.

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55-9-207

§ 55-9-207. Penalty for operating truck without rearview mirror.

Any person driving a motor truck without a rearview mirror, and the owner of the motor truck, operated upon any public thoroughfare, in violation of § 55-9-206, commits a Class C misdemeanor.

§ 55-9-208 — 55-9-211. [Reserved.]

§ 55-9-212. Mudguards on trucks — Penalty.

(a) No person shall operate upon a public highway or street any motor vehicle, including a separate truck tractor (normally used in a tractor-trailer combination), or combination of vehicles having a carrying capacity in excess of three thousand pounds (3,000 lbs.), if the motor vehicle or combination of vehicles is not equipped with rear fenders, mudflaps or mudguards of such size as to substantially prevent the projection of rocks, dirt, water or other substances to the rear. The fenders, flaps or guards shall be of a type approved by the commissioner of safety.
(b) This section shall have no application to farm vehicles, or vehicles used by farmers to haul produce from farm to market, nor shall it apply to vehicles used exclusively for hauling logs.
(c) A violation of this section is a Class C misdemeanor.

§ 55-9-213. Brake fluid — Minimum standards — Penalty.

(a) No person shall have for sale, sell or offer for sale for use in motor vehicle brake systems in this state any hydraulic brake fluid unless of a type or brand approved by the commissioner of safety. No hydraulic brake fluid shall be approved that does not meet the minimum standard of the Society of Automotive Engineers for heavy duty grade hydraulic fluid.
(b) A violation of this section is a Class C misdemeanor.

§ 55-9-214. [Reserved.]

§ 55-9-215. Operation of motor vehicle without adequate energy absorption system prohibited — Alteration of altitude from ground level of passenger car prohibited — Modification of front end by lift blocks prohibited — Modification of steering mechanism prohibited — Exceptions — Enforcement — Penalties.

(a) No person shall operate a motor vehicle on any road, street or highway unless the vehicle is equipped with a bumper or other energy absorption system with an analogous function.
(b)
1. (1) No person shall operate a passenger vehicle, except a four-wheel drive recreational vehicle, of a type required to be registered under the laws of this state upon a public highway or street modified by reason of alteration of its altitude from the ground if its bumpers, measured to any point on a load-bearing member on the horizontal bumper bar, are more than twenty-two inches (22″) above the ground, except that no vehicle shall be modified to cause the vehicle body or chassis to come in contact with the ground or expose the fuel tank to damage from collision or cause the wheels to come in contact with the body under normal operation, and that no part of the original suspension system be disconnected to defeat the safe operation of the suspension system; provided, that nothing contained in this section shall prevent the installation of heavy duty equipment to include shock absorbers and overload springs; and provided further, that nothing contained in this section shall prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear does not affect the control of the vehicle.
2. (2) No person shall operate a four-wheel drive recreational vehicle of a type required to be registered under the laws of this state upon a public highway or street modified by reason of alteration of its altitude from the ground if its bumpers, measured to any point on a load-bearing member on the horizontal bumper bar, are not within the range of fourteen to thirty-one inches (14″-31″) above the ground, except that no vehicle shall be modified to cause the vehicle body or chassis to come in contact with the ground or expose the fuel tank to damage from collision or cause the wheels to come in contact with the body under normal operation, and that no part of the original suspension system be disconnected to defeat the safe operation of the suspension system; provided, that nothing contained in this section shall prevent the installation of heavy duty equipment to include shock absorbers and overload springs; and provided further, that nothing contained in this section shall prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear does not affect the control of the vehicle. In the case of a four-wheel drive vehicle where the thirty-one-inch limitation is exceeded, the vehicle will comply with this section if the vehicle is equipped with a drop bumper. The drop bumper must be bolted and welded to the frame of the vehicle and be made of a strength equal to a stock bumper.
3. (3) No person shall modify or cause to be modified by the use of lift blocks the front end suspension of a motor vehicle.
4. (4)
  1. (A) Maximum frame heights for motor vehicles shall be as follows:
    1. (i) Passenger cars22 inches
    2. (ii) Trucks and recreational vehicles:
      1. (a) 4,500 lbs. and under24 inches
      2. (b) 4,501-7,500 lbs.26 inches
      3. (c) 7,501-10,000 lbs.28 inches
  2. (B) Frame height measurements shall be taken from the bottom of the frame by measuring the vertical distance between the ground and the lowest point of the frame directly below the point in line with the center of the steering wheel.
5. (5) No person shall operate a motor vehicle having a distance greater than four inches (4″) between the body floor and the top of the frame.
6. (6) No person shall modify or cause to be modified the original manufacturer installed steering mechanism, including welding, nor the front spindle where the brake pads mount, on a passenger vehicle or a truck or recreational vehicle with a weight up to ten thousand pounds (10,000 lbs.).
(c) This section does not apply to freight motor vehicles and/or other vehicles that have designs which would intrinsically preclude conformity with this provision. This section also shall not apply to any vehicle that has an unaltered and undamaged stock bumper or energy absorption system as supplied by the manufacturer of the vehicle.
(d) Any law enforcement officer charged with the enforcement of traffic laws and regulations may stop and inspect motor vehicles that appear to be operated in violation of this section. If, upon inspection, the vehicle is found to be in violation of this section, the operator shall be issued a citation stating the particulars of the violation and, in general, the repairs necessary to bring the vehicle into compliance with this section. The citation shall also state a time and place for appearance in a court of competent traffic jurisdiction, not less than fourteen (14) days from the date of the issuance of the citation.
(e) If the vehicle is found not to be in compliance with this section, the operator shall be fined not less than two hundred fifty dollars ($250). Upon conviction of a second or subsequent offense involving the same vehicle for substantially the same defect, the registration of the vehicle and the driver licenses of the operator and the owner of the vehicle, if those persons are different, shall be suspended for one (1) year. The vehicle may, however, be operated for the purpose of traveling to and from an establishment or location where repairs are to be performed.
(f) Nothing in this section shall be construed to establish standards higher than those formulated by the United States department of transportation for bumpers on passenger motor vehicles sold within the United States.

§ 55-9-216. Steering wheels — Penalty for violation.

(a) It is unlawful for anyone to install or maintain a steering wheel of less than twelve inches (12″) in diameter in any motor vehicle operated upon any highway, street or public road of this state; provided, however, that this subsection (a) does not apply to any motor vehicle specially equipped for persons with disabilities or originally equipped with such a steering wheel by the original manufacturer of same.
(b) Any person who violates this section shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each violation.

§ 55-9-217. New tires required on new trailers — Waiver — Violations.

(a) After December 31, 2004, any new trailer manufactured in this state and intended for sale to the general public within this state with a gross vehicle weight rating (GVWR) of three thousand pounds (3,000 lbs.) or less shall be equipped with new tires appropriate for the weight rating of the vehicle.
(b)
1. (1) After December 31, 2004, no new trailer with a GVWR of three thousand pounds (3,000 lbs.) or less shall be sold to the general public in this state unless equipped with new tires appropriate for the weight rating of the vehicle.
2. (2) Notwithstanding subdivision (b)(1), a buyer of a new trailer with a GVWR of three thousand pounds (3,000 lbs.) or less may waive the requirements of subdivision (b)(1) and accept the trailer with used tires from a willing seller. To effectuate the waiver, a buyer shall sign a written waiver acknowledging that the trailer is not equipped with new tires and the buyer's willingness to accept the trailer without new tires, and relieving the seller from any liability for any malfunction of the tires with which the trailer is equipped at the time of the sale.
(c) Nothing in this section shall prohibit the sale of a trailer with a GVWR of three thousand pounds (3,000 lbs.) or less that is not equipped with any tires.
(d) A violation of this section shall be deemed an offense under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18. A civil penalty of not more than one hundred fifty dollars ($150) may be imposed for a violation of this section.

§ 55-9-218. Carbon monoxide detectors.

(a) A recreational vehicle that is leased or rented must have in such vehicle a carbon monoxide detector in proper working order. All leases or rental agreements for a recreational vehicle shall contain language that the carbon monoxide detector in such recreational vehicle was tested, is in proper working order, and that a demonstration of the use of such equipment was performed for the lessee of the recreational vehicle. All leases or rental agreements for recreational vehicles shall contain the following statement, an acknowledgement of which shall be initialed or signed by the lessor and lessee of such vehicle:
1. I CERTIFY THAT AT THE TIME OF THE RENTAL/LEASE OF THIS VEHICLE THAT IT IS EQUIPPED WITH A WORKING CARBON MONOXIDE DETECTOR.
(b) An action for civil damages in a court of competent jurisdiction may be brought against any lessor found violating this section, and damages sustained as a consequence of the lessor's violations may be recovered, together with all costs and attorneys' fees.

Part 3 Required Equipment on Motorcycles and Motor Driven Cycles

§ 55-9-301. [Reserved.]

§ 55-9-302. Crash helmet required for driver and passenger — Exceptions. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

(a) The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motorscooter, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards contained in 49 CFR 571.218, or, if the driver or passenger is twenty-one (21) years of age or older, a helmet meeting the following requirements:
1. (1) Except as provided in subdivisions (a)(2)-(4), the helmet shall meet federal motor vehicle safety standards specified in 49 CFR 571.218;
2. (2) Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (1½″) in diameter;
3. (3) Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and
4. (4) Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation.
(b) This section does not apply to persons riding:
1. (1) Within an enclosed cab;
2. (2) Autocycles, as defined in § 55-1-103, that are fully enclosed;
3. (3) Golf carts;
4. (4) In a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years of age or older; or
5. (5) In a funeral procession, memorial ride under a police escort, or body escort detail; provided, that:
  1. (A) The driver travels at a speed not to exceed thirty (30) miles per hour;
  2. (B) The driver or passenger is twenty-one (21) years of age or older; and
  3. (C) The funeral procession, memorial ride, or body escort detail does not exceed a distance of fifty (50) miles.

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§ 55-9-302. Crash helmet required for driver and passenger — Exceptions. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motor-driven cycle, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards contained in 49 CFR 571.218, or, if the driver or passenger is twenty-one (21) years of age or older, a helmet meeting the following requirements:
1. (1) Except as provided in subdivisions (a)(2)-(4), the helmet shall meet federal motor vehicle safety standards specified in 49 CFR 571.218;
2. (2) Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (1½″) in diameter;
3. (3) Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and
4. (4) Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation.
(b) This section does not apply to persons riding:
1. (1) Within an enclosed cab;
2. (2) Autocycles, as defined in § 55-1-103, that are fully enclosed;
3. (3) Golf carts;
4. (4) In a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years of age or older; or
5. (5) In a funeral procession, memorial ride under a police escort, or body escort detail; provided, that:
  1. (A) The driver travels at a speed not to exceed thirty (30) miles per hour;
  2. (B) The driver or passenger is twenty-one (21) years of age or older; and
  3. (C) The funeral procession, memorial ride, or body escort detail does not exceed a distance of fifty (50) miles.

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§ 55-9-303. Seat for passenger. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

No person shall ride as a passenger upon a motorcycle or motorscooter unless a proper seat for a passenger is installed thereon.

§ 55-9-303. Seat for passenger. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

No person shall ride as a passenger upon a motorcycle or motor-driven cycle unless a proper seat for a passenger is installed thereon.

§ 55-9-304. Windshields — Safety goggles, face shields or glasses. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

Every motorcycle or motorscooter operated upon any highway or public road of this state shall be equipped with a windshield, or, in the alternative, the operator and any passenger on that motorcycle or motorscooter shall be required to wear safety goggles, face shields, or glasses containing impact resistant lenses.

§ 55-9-304. Windshields — Safety goggles, face shields or glasses. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

Every motorcycle or motor-driven cycle operated upon any highway or public road of this state shall be equipped with a windshield, or, in the alternative, the operator and any passenger on that motorcycle or motor-driven cycle shall be required to wear safety goggles, face shields, or glasses containing impact resistant lenses.

§ 55-9-305. Rearview mirrors and footrests. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

All motorcycles and motorscooters operated upon any highway or public road of this state shall be equipped with a rearview mirror and securely attached footrests for the operators and passengers on all motorcycles and motorscooters.

§ 55-9-305. Rearview mirrors and footrests. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

All motorcycles and motor-driven cycles operated upon any highway or public road of this state shall be equipped with a rearview mirror and securely attached footrests for the operators and passengers on all motorcycles and motor-driven cycles.

§ 55-9-306. Violation of this part — Penalty.

A violation of this part is a Class C misdemeanor.

§ 55-9-307. Parent or guardian knowingly permitting minor to violate this part — Penalty. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

Any parent or guardian who knowingly permits a minor to operate a motorcycle or motorscooter in violation of this part commits a Class C misdemeanor.

§ 55-9-307. Parent or guardian knowingly permitting minor to violate this part — Penalty. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

Any parent or guardian who knowingly permits a minor to operate a motorcycle or motor-driven cycle in violation of this part commits a Class C misdemeanor.

§ 55-9-308. Part inapplicable to autocycles — Exception.

Except as provided in § 55-9-302, this part does not apply to autocycles.

Part 4 Lighting Regulations

§ 55-9-401. Lights on vehicles other than motor vehicles — Visibility distance — Penalty.

(a) Every vehicle other than a motor vehicle, when traveling upon a state highway, state aid road or other road, highway or street under the control of the state, the federal government or any political division thereof, dedicated, appropriated or open to public use or travel, shall be equipped with a light attached to and on the upper left side of the vehicle, capable of displaying a light visible five hundred feet (500′) to the front and five hundred feet (500′) to the rear of the vehicle under ordinary atmospheric conditions, and the light shall be displayed during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise and at all other times when there is not sufficient light to render clearly discernible any person on the road or highway at a distance of two hundred feet (200′) ahead of the vehicle.
(b) Cotton wagons used exclusively to transport cotton shall not be required to display the light described in subsection (a), but shall display:
1. (1) A red tail lamp on the lower left corner of the rear of the wagon; and
2. (2) A triangle-shaped slow-moving vehicle identification emblem meeting Standard S276.8 of the American Society of Agricultural Engineers. The emblem shall be placed on the lower left corner of the rear of the wagon. The user of a cotton wagon shall be responsible for the proper function of the symbol or light, except for any malfunction resulting from the act or omission of another person.
(c) No person shall operate on a highway a horse-drawn vehicle that is used on the highway primarily as a means of transportation during the period of time from one-half (½) hour before sunset until one-half (½) hour after sunrise and at all other times when there is not sufficient light to render clearly discernible any person on the road or highway at a distance of two hundred feet (200′) ahead of the vehicle, unless the vehicle:
1. (1)
  1. (A) Is equipped with two (2) reflective type lanterns, one (1) to be placed on the left side of the vehicle and one (1) to be placed on the right side of the vehicle with the lantern on the right side to be placed at least twelve inches (12″) higher than the lantern on the left, and also has a minimum of one hundred square inches (100 sq. in.) of reflector tape placed on the rear of the vehicle, thirty-six inches (36″) of reflector tape placed on each side of the vehicle, and twenty-four inches (24″) of reflector tape placed at the highest point of the left front of the vehicle; and
  2. (B) Is equipped with one (1) red, battery-operated light-emitting diode (LED) flashing light located at the top left-hand corner on the rear of the vehicle. The light must be at least three inches (3″) by three inches (3″); or
2. (2)
  1. (A) Has a minimum of one hundred square inches (100 sq. in.) of reflector tape placed on the rear of the vehicle, thirty-six inches (36″) of reflector tape placed on each side of the vehicle, and twenty-four inches (24″) of reflector tape placed at the highest point of the left front of the vehicle;
  2. (B) Has six inches (6″) of reflector piping tape placed on two (2) locations on the rear, left wheel of the vehicle; and
  3. (C) Is equipped with two (2) reflective type lanterns, one (1) to be placed on the left side of the vehicle and one (1) to be placed on the right side of the vehicle with the lantern on the right side to be placed at least twelve inches (12″) higher than the lantern on the left. Each lantern must be equipped with a red reflective type lens that is at least three inches (3″) by three inches (3″).
(d) During the period of time from one-half (½) hour before sunset until one-half (½) hour after sunrise, any implement of husbandry as defined in § 55-1-108 having a width of more than ninety-six inches (96″), which is towed behind a farm tractor or other motor vehicle, and the lighting of the farm tractor or other motor vehicle is concealed by the implement of husbandry, shall be equipped with two (2) red or amber flashing lamps, one on each side, attached at the rear, or accompanied by a rear escort utilizing its emergency flashers.
(e) A violation of this section is a Class C misdemeanor, punishable only by a fine not to exceed fifty dollars ($50.00); except, the fine imposed for a violation of subsection (c) is ten dollars ($10.00).

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§ 55-9-402. Lights required on motor vehicles — Exceptions — Regulations as to color, type and visibility distance. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a)
1. (1) Every motor vehicle other than a motorcycle, road roller, road machinery or farm tractor shall be equipped with at least two (2) and not more than four (4) headlights, with at least one (1) on each side of the front of the motor vehicle. No nonemergency vehicle shall operate or install emergency flashing light systems, such as strobe, wig-wag, or other flashing lights within the headlight assembly or grill area of the vehicle; provided, however, that a school bus may operate a flashing, wig-wag lighting system within the headlight assembly of the vehicle when the vehicle's visual stop signs are actuated for receiving or discharging school children.
2. (2) Auxiliary road lighting lamps may be used, but not more than two (2) of the lamps shall be lighted at any one (1) time in addition to the two (2) required headlights.
3. (3) No spotlight or auxiliary lamp shall be so aimed upon approaching another vehicle that any part of the high intensity portion of the beam therefrom is directed beyond the left side of the motor vehicle upon which the spotlight or auxiliary lamp is mounted, nor more than one hundred feet (100′) ahead of the motor vehicle.
(b)
1. (1) Every motor vehicle shall be equipped with two (2) red tail lamps and two (2) red stoplights on the rear of the vehicle, and one (1) tail lamp and one (1) stoplight shall be on each side, except that passenger cars manufactured or assembled prior to January 1, 1939, trucks manufactured or assembled prior to January 1, 1968, and motorcycles and motor-driven cycles shall have at least one (1) red tail lamp and one (1) red stoplight. No nonemergency vehicle shall operate or install emergency flashing light systems such as strobe, wig-wag, or other flashing lights in tail light lamp, stoplight area, or factory installed emergency flasher and backup light area; provided, however, that the foregoing prohibition shall not apply to the utilization of a continuously flashing light system. For the purposes of this part, “continuously flashing light system” means a brake light system in which the brake lamp pulses rapidly for no more than five (5) seconds when the brake is applied, and then converts to a continuous light as a normal brake lamp until the time that the brake is released.
2. (2) The stoplight shall be so arranged as to be actuated by the application of the service or foot brake and shall be capable of being seen and distinguished from a distance of one hundred feet (100′) to the rear of a motor vehicle in normal daylight, but shall not project a glaring or dazzling light.
3. (3) The stoplight may be incorporated with the tail lamp.
4. (4) Motor vehicle tail light lamps may operate as following:
  1. (A) A white backup light operates when the motor vehicle is in reverse;
  2. (B) When the driver is in a panic stop condition going forward, the backup lamp pulses or flashes red; and
  3. (C) Upon normal stops of the motor vehicle, there is no action by the backup light.
(c) Each lamp and stoplight required in this section shall be in good condition and operational.
(d)
1. (1) No vehicle operated in this state shall be equipped with any flashing lights in any color or combination of colors that display to the front of the vehicle, other than factory installed emergency flashers, except as provided in this section and for the following vehicles:
  1. (A) Motorcycle escorts of properly identified funeral processions authorized by § 55-8-183 to display green strobe flashing lights;
  2. (B) Vehicles owned by or leased to licensed public or private security services but not personally owned vehicles of security guards may display flashing lights in any color other than red, white, or blue, or in any combination of colors other than red, white, or blue; provided, that the flashing lights authorized by this subdivision (d)(1)(B) for security services vehicles shall not be operated or illuminated while the vehicle is on a public road, in motion or stationary, and shall only be illuminated when patrolling a shopping center or mall parking lot or other private premises or if stopped in a hazardous location for the purposes of warning;
  3. (C) A highway maintenance or utility vehicle or recovery vehicle may display flashing white or amber lights or any combination of flashing white and amber lights pursuant to subsection (e);
  4. (D) A motor vehicle operated for purposes of an emergency equipment company pursuant to subsection (g) may display flashing red, white, blue, or amber lights or any combination of flashing red, white, blue, and amber lights; provided, that emergency equipment company vehicles shall not display or illuminate the lights authorized by this section while the vehicle is on a public road, whether in motion or stationary;
  5. (E) A passenger motor vehicle operated by an organ procurement organization or a person under an agreement with an organ procurement organization may display flashing white or amber lights or flashing white and amber lights in combination when transporting an organ for human transplantation;
  6. (F) A school bus, a passenger motor vehicle operated by a rural mail carrier of the United States postal service while performing the duties of a rural mail carrier, or an emergency vehicle used in firefighting, including ambulances, emergency vehicles used in firefighting that are owned or operated by the division of forestry, firefighting vehicles, rescue vehicles, privately owned vehicles of regular or volunteer firefighters certified in § 55-9-201(c), or other emergency vehicles used in firefighting owned, operated, or subsidized by the governing body of any county or municipality, may display flashing red or white lights or flashing red and white lights in combination; and
  7. (G) Authorized law enforcement vehicles and other vehicles authorized by § 55-9-414 to display flashing red, white, and blue lights in combination.
2. (2) Any emergency rescue vehicle owned, titled and operated by a state chartered rescue squad, a member of the Tennessee Association of Rescue Squads, privately owned vehicles of regular or volunteer firefighters certified in § 55-9-201(c), and marked with lettering at least three inches (3″) in size and displayed on the left and right sides of the vehicle designating it an “Emergency Rescue Vehicle,” any authorized civil defense emergency vehicle displaying the appropriate civil defense agency markings of at least three inches (3″), any ambulance or vehicle equipped to provide emergency medical services properly licensed as required in the state and displaying the proper markings, and any motor vehicle operated for purposes of an emergency equipment company pursuant to subsection (g); provided, that lights authorized by this subdivision (d)(2) for such emergency equipment company vehicle shall not be operated or illuminated while the vehicle is on a public road, whether in motion or stationary, shall also be authorized to be lighted in one (1) or more of the following manners:
  1. (A) A red or red/white visibar type with public address system;
  2. (B) A red or red/white oscillating type light; and
  3. (C) Blinking red or red/white lights, front and rear.
3. (3) No vehicle operated in this state shall be equipped with any steady-burning lights that display to the front of the vehicle in any color other than white or amber or in any combination of colors other than white and amber, except for the following vehicles:
  1. (A) A vehicle equipped with headlamps, daytime running lamps, or other similar devices in any color or combination of colors between white and amber authorized by the Federal Motor Vehicle Safety Standard No. 108, as adopted by the national highway traffic safety administration and compiled in 49 CFR 571.108;
  2. (B) A motor vehicle operated for purposes of an emergency equipment company may display steady-burning red, white, blue, or amber lights, or any combination of steady-burning red, white, blue, and amber lights pursuant to subsection (g); provided, that emergency equipment company vehicles shall not display or illuminate the lights authorized by this section while the vehicle is on a public road, whether in motion or stationary;
  3. (C) A school bus, a passenger motor vehicle operated by a rural mail carrier of the United States postal service while performing the duties of a rural mail carrier, or an emergency vehicle used in firefighting, including ambulances, emergency vehicles used in firefighting that are owned or operated by the division of forestry, firefighting vehicles, rescue vehicles, privately owned vehicles of regular or volunteer firefighters certified in § 55-9-201(c), or other emergency vehicles used in firefighting owned, operated, or subsidized by the governing body of any county or municipality, may display steady-burning red lights;
  4. (D) Authorized law enforcement vehicles and other vehicles listed in § 55-9-414 may display steady-burning red, white, and blue lights in combination; and
  5. (E) A personal vehicle operated by a transportation network company driver may display one (1) or more removable, illuminated, interior trade dress devices in any color other than red or blue, or in any combination of colors other than red or blue, that is issued by a transportation network company and that assists passengers in identifying and communicating with transportation network company drivers. The illuminated display on such a device shall not exceed five (5) candlepower.
(e)
1. (1)
  1. (A) Notwithstanding any law to the contrary, nothing in this section shall prohibit a highway maintenance or utility vehicle, or any other type vehicle or equipment participating, in any fashion, with highway or utility construction, maintenance, or inspection, from operating a white, amber, or white and amber light system on any location on the vehicle or equipment while the vehicle or equipment is parked upon, entering or leaving any highway or utility construction, maintenance, repair or inspection site.
  2. (B) Notwithstanding any law to the contrary, a recovery vehicle designed for towing a disabled vehicle, as defined in § 55-8-132, while in the performance of duties involved with towing an abandoned, immobile, disabled or unattended motor vehicle is authorized to display an amber light that is a strobe, flashing, oscillating or revolving system or any combination of white and amber lights. Such authorized light or lights may be displayed on any location on the vehicle or equipment, other than within the headlight assembly or grill area of the vehicle, in the tail light lamp or stoplight area, or factory installed emergency flasher and backup light area.
  3. (C) Notwithstanding any law to the contrary, an implement of husbandry, as defined in § 55-1-108, and a vehicle used to escort an implement of husbandry is authorized to display a white, amber, or white and amber light system on any location on the implement of husbandry or escort vehicle while the implement or vehicle is on a public road, whether in motion or stationary.
2. (2) As used in this subsection (e), “utility” means any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act, or general law to provide electricity, natural gas, water, waste water services, telephone service, or any combination thereof, for sale to consumers in any particular service area.
3. (3) As used in subdivision (e)(2), “cooperative” means any cooperative providing utility services including, but not limited to, electric or telephone services, or both.
4. (4) Nothing in this subsection (e) imposes any duty or obligation to install or utilize the lighting systems allowed in this section.
(f) Notwithstanding any law to the contrary, nothing in this section shall prohibit a motor vehicle used for the driver education and training course for Class D vehicles as provided by § 55-50-322(f) from operating an amber light-emitting diode (LED) light system on the front and rear of such vehicle other than in the taillight lamp, stoplight area, or factory-installed emergency flasher and backup light area. The amber light-emitting diode light system shall not be placed in the driver's line of sight. Nothing in this subsection (f) imposes any duty or obligation to install or utilize the lighting system allowed in this subsection (f).
(g)
1. (1) The prohibitions in subdivisions (a)(1) and (b)(1), and subsection (d) do not apply to any privately-owned motor vehicle that is primarily operated for business purposes by any salesperson, service representative, employee, lessee, or duly authorized agent of an emergency equipment company; provided, that the vehicle is marked with the lettering required by subdivision (g)(3).
2. (2) Any person operating a motor vehicle pursuant to this subsection (g) shall carry a copy of the company's business license or the person's or owner of the company's professional or occupational license, certification or registration issued by this state and appropriate identification issued by the owner of the company.
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  - 55-9-414(f)(1)
3. (3) Lettering shall be displayed on the left and right sides of the vehicle identifying the name of the company for which the vehicle is operated and on the front and rear of the vehicle designating it a “Demonstration Vehicle.” The lettering shall be painted or affixed on, or attached to, the vehicle in a permanent manner, and shall be at least three inches (3″) in size.
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  - 55-9-414(f)(1)
4. (4) Nothing in this subsection (g) imposes any duty or obligation on a manufacturer of motor vehicles used by or sold to emergency equipment companies to install, maintain or exhibit the lighting system allowed in this subsection (g) at the time of manufacture or sale.
5. (5) Nothing in this subsection (g) shall be construed to permit the operator of an emergency equipment company vehicle from operating any lighting equipment authorized by this subsection (g) while the vehicle is on a public road, whether in motion or stationary.
6. (6) As used in this section, “emergency equipment company” or “company” means any entity licensed as required by this state to sell or repair lighting equipment designed for use on motor vehicles that are operated for authorized law enforcement, emergency response, or other public safety activities.
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- 39-16-301(d)(1)
- 39-16-301(d)(2)
(h) A violation of this section is a Class C misdemeanor.

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§ 55-9-403. Headlamps on motorcycles — Penalty.

(a) Every motorcycle shall be equipped with at least one (1) and not more than two (2) headlamps.
(b) A violation of this section is a Class C misdemeanor.

§ 55-9-404. Lamp at end of train of vehicles — Penalty.

(a) Every motor vehicle and every trailer or semitrailer that is being drawn at the end of a train of vehicles shall carry at the rear a lamp of a type that exhibits a yellow or red light plainly visible under normal atmospheric conditions from a distance of five hundred feet (500′) to the rear of the vehicle, and the light shall be so constructed and placed that the number plate carried on the rear of the vehicle shall under like conditions be so illuminated by a white light as to be read from a distance of fifty feet (50′) to the rear of the vehicle.
(b) This section shall not apply to a single motor vehicle as is required in § 55-9-402, but shall only apply to the last motor vehicle being drawn at the end of a train or group of motor vehicles.
(c) A violation of this section is a Class C misdemeanor.

§ 55-9-405. Lighting devices and reflectors on vehicles having width in excess of 80 inches, truck tractors, and trailers — Lamp or flag on projecting load — Penalties. [Effective until October 1, 2023. See the version effective on October 1, 2023.]

(a) Every motor vehicle other than any passenger car, any road roller, road machinery or farm tractor having a width of eighty inches (80″) or more shall be equipped with at least the following lighting devices and reflectors:
1. (1) On the front, at least two (2) headlamps, an equal number at each side; two (2) turn signals, one (1) at each side; two (2) clearance lamps, one (1) at each side; three (3) identification lamps, mounted on the vertical centerline of the vehicle, or the vertical centerline of the cab where different from the centerline of the vehicle, except that where the cab is not more than forty-two inches (42″) wide at the front roofline, a single lamp at the center of the cab shall be deemed to comply with the requirements for identification lamps. No part of the identification lamps or their mountings may extend below the top of the vehicle windshield;
2. (2) On the rear, two (2) tail lamps, one (1) at each side; two (2) stop lamps, one (1) at each side; two (2) turn signals, one (1) at each side; two (2) clearance lamps, one (1) at each side; two (2) reflectors, one (1) at each side; and three (3) identification lamps, mounted on the vertical center line of the vehicle; provided, that the identification lamps need not be lighted if obscured by a vehicle towed by the truck; and
3. (3) On each side, one (1) side-marker lamp at or near the front, one (1) side-marker lamp at or near the rear; one (1) reflector at or near the front, and one (1) reflector at or near the rear.
(b) Every truck tractor shall be equipped as follows:
1. (1) On the front, at least two (2) headlamps, an equal number at each side; two (2) turn signals, one (1) at each side; two (2) clearance lamps, one (1) at each side; and three (3) identification lamps, mounted on the vertical centerline of the vehicle, or the vertical centerline of the cab where different from the centerline of the vehicle, except that where the cab is not more than forty-two inches (42″) wide at the front roofline, a single lamp at the center of the cab shall be deemed to comply with the requirement for identification lamps. No part of the identification lamps or their mountings may extend below the top of the vehicle windshield; and
2. (2) On the rear, one (1) tail lamp; one (1) stop lamp; two (2) reflectors, one (1) at each side; and, unless the turn signals on the front are so constructed (double faced) and located as to be visible to passing drivers, two (2) turn signals on the rear of the cab, one (1) at each side.
(c) Every semitrailer or full trailer eighty inches (80″) or more in overall width, except converter dollies, shall be equipped as follows:
1. (1) On the front, two (2) clearance lamps, one (1) at each side;
2. (2) On the rear, two (2) tail lamps, one (1) at each side; two (2) stop lamps, one (1) at each side; two (2) turn signals, one (1) at each side; two (2) clearance lamps, one (1) at each side; two (2) reflectors, one (1) at each side; and three (3) identification lamps, mounted on the vertical centerline of the vehicle; provided, that the identification lamps need not be lighted if obscured by another vehicle in the same combination;
3. (3) On each side, one (1) side-marker lamp at or near the front; one (1) side-marker lamp at or near the rear; one (1) reflector at or near the front; one (1) reflector at or near the rear; and, in case of semitrailers and full trailers thirty feet (30′) or more in length, at least one (1) additional side-marker lamp at optional height and at least one (1) additional reflector, the additional side-marker lamp or lamps and reflector or reflectors to be at or near the center or at approximately uniform spacing in the length of the vehicle; and
4. (4) For the purposes of these regulations, “converter dolly” is a motor vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which vehicle converts a semitrailer to a full trailer. Each dolly, when towed singly by another vehicle, and not as part of a full trailer, shall be equipped with one (1) stop lamp, one (1) tail lamp, and two (2) reflectors on the rear. No lighting devices or reflectors are required on the front or sides of any dolly.
(d)
1. (1) Except as provided in subdivision (d)(2), from one-half (½) hour before sunset to one-half (½) hour after sunrise and at all other times when lights are required to be displayed, there shall be attached to the rearmost extremity of any load that projects four feet (4′) or more beyond the rear of the body of the motor vehicle, or at any tailboard or tailgate so projecting, or to the rearmost extremity of any load, carried on a pole trailer, at least one (1) red lamp, securely fastened thereto, which shall be visible from a distance of five hundred feet (500′) to the sides and rear under normal atmospheric conditions. At all other times one (1) red flag, at least eighteen inches (18″) square, made of cloth, synthetic or man-made material, shall be so displayed.
2. (2) This subsection (d) shall apply only to:
  1. (A) Any noncommercial motor vehicle transporting property intrastate; and
  2. (B) Any commercial motor vehicle having a gross vehicle weight rating (GVWR) or a gross combination weight rating (GCWR) of twenty six thousand pounds (26,000 lbs.) or less when such motor vehicle is transporting property intrastate.
3. (3) Title 65, chapter 15, and all applicable federal rules shall apply to all commercial vehicles having a GVWR or a GCWR of more than twenty six thousand pounds (26,000 lbs.).
(e)
1. (1) Except as provided in subdivision (e)(2), a motor vehicle or trailer transporting intrastate a load of logs, long pulpwood, poles, or posts that projects four feet (4′) or more beyond the rear of the body or bed of the vehicle, when the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portions of the highway, must have either of the following securely affixed as close as practical to the end of the projecting load:
  1. (A)
    1. (i) One (1) amber strobe-type lamp, complying with SAE J595, equipped with a multidirectional type lens so mounted as to be visible from the rear and both sides of the projecting load. If the mounting of one (1) amber strobe lamp cannot be accomplished so that it is visible from the rear and both sides of the projecting load, then multiple amber strobe lights, complying with SAE J595, must be utilized so as to meet the visibility requirements of this subdivision (e)(1)(A)(i). The amber strobe lamp must flash at a rate of at least sixty (60) flashes per minute and be plainly visible from a distance of at least five hundred feet (500′) to the rear and sides at a radius of one hundred eighty degrees (180°) of the projecting load; or
    2. (ii) One (1) amber light-emitting diode (LED) light, complying with SAE J595, equipped with a multidirectional type lens, mounted so as to be visible from the rear and from both sides of the projecting load; provided, that if the mounting of one (1) amber LED light cannot be accomplished so that it is visible from the rear and from both sides of the projecting load, then multiple amber LED lights, complying with SAE J595, must be utilized so as to meet the visibility requirements of this subdivision (e)(1)(A)(ii). The amber LED light must flash at a rate of at least sixty (60) flashes per minute and be plainly visible from a distance of at least five hundred feet (500′) from the rear and sides at a radius of one hundred eighty degrees (180°) of the projecting load. The LED light must be constructed of durable, weather-resistant material and may be powered by the vehicle's electrical system or by an independent battery system, or both. If the LED light is powered by an independent battery system, then the driver of the vehicle must have in the driver's immediate possession charged, spare batteries for use in case of battery failure. Any solid state LED lighting that consists of multiple LED lights must not have less than eighty-five percent (85%) of the LED lights in operable condition; or
  2. (B) Two (2) red flags or two (2) fluorescent orange flags, or a combination of such flags, that are each at least eighteen inches (18″) square, made of cloth, synthetic, or man-made material, must be so displayed.
2. (2) From one-half (½) hour before sunset to one-half (½) hour after sunrise and at all other times when lights are required to be displayed, a motor vehicle or trailer transporting intrastate a load of logs, long pulpwood, poles, or posts that projects four feet (4′) or more beyond the rear of the body or bed of the vehicle, when the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portions of the highway, must have the following securely affixed as close as practical to the end of the projecting load:
  1. (A)
    1. (i) One (1) amber strobe-type lamp, or, if applicable, multiple amber strobe lights, meeting the requirements of subdivision (e)(1)(A)(i); or
    2. (ii) One (1) amber light-emitting diode (LED) light, or, if applicable, multiple amber LED lights, meeting the requirements of subdivision (e)(1)(A)(ii); and
  2. (B) At least one (1) red flag or at least one (1) fluorescent orange flag, or both, that is at least eighteen inches (18″) square, made of cloth, synthetic, or manmade material, must also be so displayed.
(f) A violation of this section is a Class C misdemeanor.

§ 55-9-406. Headlights on motor vehicles — Operation during inclement weather — Violation — Penalty — Costs.

(a) The headlights of every motor vehicle shall be so constructed, equipped, arranged, focused, aimed, and adjusted, that they will at all times mentioned in § 55-9-401, and under normal atmospheric conditions and on a level road produce a driving light sufficient to render clearly discernible a person two hundred feet (200′) ahead, but shall not project a glaring or dazzling light to persons in front of the headlights. The headlights shall be displayed during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise, during fog, smoke, or rain and at all other times when there is not sufficient light to render clearly discernible any person on the road at a distance of two hundred feet (200′) ahead of the vehicle.
(b)
1. (1) Operation of headlights during periods of rain, as required in this section, shall be made during any time when rain, mist, or other precipitation, including snow, necessitates the constant use of windshield wipers by motorists.
2. (2) Notwithstanding any law to the contrary, any person who is arrested or receives a traffic citation for violation of subdivision (b)(1), upon conviction, shall not be fined more than the maximum fine nor less than the minimum fine as provided by law for the violation nor shall any cost be imposed or assessed against the person. The conviction shall not be reported to the department of safety under §§ 55-10-306 and 55-12-115.
3. (3) No cost shall be charged under this subsection (b).
4. (4) A violation of this subsection (b) is a Class C misdemeanor.

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§ 55-9-407. Multiple beam road lighting equipment — Use.

Whenever the road lighting equipment on a motor vehicle is so arranged that the driver may select at will between two (2) or more distributions of light from headlights or lamps or auxiliary road lighting lamps or lights, or combinations thereof, directed to different elevations, the following requirements shall apply while driving during the times when lights are required:
1. (1) When there is no oncoming vehicle within five hundred feet (500′), the driver shall use an upper distribution of light; provided, that a lower distribution of light may be used when fog, dust, or other atmospheric conditions make it desirable for reasons of safety, and when within the confines of municipalities where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet (500′) ahead and when following another vehicle within five hundred feet (500′); and
2. (2) When within five hundred feet (500′) of an oncoming vehicle, a driver shall use a distribution of light so aimed that the glaring rays therefrom are not directed into the eyes of the oncoming driver.

§ 55-9-408. Headlights complying with prohibition against glaring and dazzling lights — Anti-glare devices — Mounted height of lamps.

Headlights shall be deemed to comply with § 55-9-406, prohibiting glaring and dazzling lights, if the headlights are of a type customarily employed by manufacturers of automobiles and in addition are equipped with some anti-glare device; provided, that the anti-glare device, or any combination thereof, when properly adjusted, shall prevent any of the bright portions of the headlight beams from rising above a horizontal plane passing through the lamp centers parallel to a level road upon which the loaded vehicle stands and in no case higher than forty-two inches (42″), seventy-five feet (75′) ahead of the vehicle.

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§ 55-9-409. Inspecting and testing lamps emitting glare — Order to remove illegal lamps — Arrest of drivers.

(a) Any member of the highway patrol having reasonable ground to believe that any headlamp or auxiliary driving or fog lamp or any device upon a vehicle emits a glaring light as defined in §§ 55-9-406 and 55-9-408, or otherwise fails to comply with the requirements of this part, may require the driver of the vehicle to stop and submit the lamp to an inspection or test. The officer making the inspection shall require the driver of the vehicle to remove the illegal lamp within twenty-four (24) hours, and may arrest the driver and give the driver a notice to appear, and may further require the driver or the owner of the vehicle to produce in court satisfactory evidence of the removal of the illegal lamp.
(b) In the event any headlight or auxiliary driving or fog light, by reason of faulty adjustment or otherwise, emits a glaring light as defined in §§ 55-9-406 and 55-9-408 or otherwise fails to comply with this part, the officer making the inspection shall direct the driver to make the light or lights conform to the requirements of this part within forty-eight (48) hours. The officer may also arrest the driver and give the driver a notice to appear, and further require the driver or the owner of the vehicle to produce in court satisfactory evidence that the light or lights have been made to conform with the requirements of this part.

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55-9-410

§ 55-9-410. Penalty for refusal or failure to submit to lamp inspection.

Whenever the driver of a vehicle is directed by a member of the highway patrol to stop and submit the lights upon the vehicle to an inspection or test under the conditions stated in § 55-9-409, it is the duty of the driver to stop and submit to the inspection or test, and a failure or refusal to do so is a Class C misdemeanor.

§ 55-9-411, 55-9-412. [Reserved.]

§ 55-9-413. Warning or signal light for rural mail carriers authorized.

The commissioner of safety is authorized to design or develop standards for a safety warning device or flashing signal light that may be used by rural mail carriers when delivering mail. Rural mail carriers may submit for approval to the state official any such device or light and, if approved for safety reasons by the official, may attach and use the device or light on top of any vehicle used by them while the vehicle is in use delivering mail. The device or light may not be used on the vehicle except when the vehicle is in use delivering mail.

§ 55-9-414. Blue flashing emergency lights on motor vehicles unlawful — Exception — Penalty.

(a)
1. (1) Except as provided in subsections (b)-(f), it is an offense for anyone to install, maintain or exhibit blue flashing emergency lights or blue flashing emergency lights in combination with red flashing emergency lights, except full-time, salaried, uniformed law enforcement officers of the state, county, or city and municipal governments of the state, and commissioned members of the Tennessee bureau of investigation when their official duties so require as defined by §§ 38-8-106 and 38-8-107.
2. (2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(b)
1. (1) The prohibition in subsection (a) does not apply to the motor vehicles of constables who are wearing law enforcement uniforms designated by the governing body of the county in which they serve in those counties in which the constables retain law enforcement powers and duties under §§ 8-10-108, 39-17-505, 40-6-210, 55-8-152, 57-5-202 and 57-9-101.
2. (2) Subdivision (b)(1) shall apply only to those counties having a population of:
  3. 11,10011,200
  4. 11,50011,600
  5. 13,97514,500
  6. 43,00044,000
  7. 65,75066,000
  8. 70,00074,000
3. according to the 1970 federal census or any subsequent federal census.
(c) The prohibition of subsection (a) does not apply to official motor vehicles of the sheriff's department being operated by reserve or auxiliary deputy sheriffs duly authorized by the sheriff and appointed pursuant to title 8, chapter 20. These reserve or auxiliary officers operating departmental vehicles shall be in uniform and carry appropriate identification issued by the sheriff.
(d) The prohibition of subsection (a) does not apply to motor vehicles of specially commissioned police officers employed pursuant to § 49-7-118(f) when operating either within five (5) miles of any property owned or operated by the colleges or universities referenced therein, or as may be directed by the chief law enforcement officer of the applicable county.
(e) The prohibition of subsection (a) does not apply to official motor vehicles of a municipal police department being operated by reserve or auxiliary police officers duly authorized by the police chief and qualified pursuant to title 38, chapter 8. The reserve or auxiliary officers operating departmental vehicles shall be in uniform and carry appropriate identification issued by the police chief.
(f)
1. (1) The prohibition in subsection (a) does not apply to any privately-owned motor vehicle that is primarily operated for business purposes by any salesperson, service representative, employee, lessee, or duly authorized agent of an emergency equipment company; provided, that the vehicle is marked with the lettering required by § 55-9-402(g)(3). Any person operating a motor vehicle pursuant to this subsection (f) shall comply with the requirements of § 55-9-402(g)(2).
2. (2) Nothing in this subsection (f) imposes any duty or obligation on a manufacturer of motor vehicles used by or sold to emergency equipment companies to install, maintain or exhibit the lighting system allowed in this subsection (f) at the time of manufacture or sale.
3. (3) Nothing in this subsection (f) shall be construed to permit the operator of an emergency equipment company vehicle from operating any lighting equipment authorized by subsection (a) while the vehicle is on a public road, whether in motion or stationary.
4. (4) As used in this section, the terms “emergency equipment company” or “company” have the same meaning as defined in § 55-9-402.
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- 39-16-301(d)(1)
- 39-16-301(d)(2)

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§ 55-9-415. Operation of vehicle with lamps or spotlights facing backwards — Penalty.

(a)
1. (1) It is an offense for a person to operate any vehicle equipped with auxiliary lamps or spotlights facing backwards on a highway, street or roadway in this state when the lamps or spotlights are in operation.
2. (2) This section does not apply to any emergency vehicle or public utility vehicle.
3. (3) It is not the intent of this section to prohibit the use of the lamps or spotlights for lawful purposes while the vehicle is parked, but the use of the lamps or spotlights shall not interfere with a vehicle operating on a highway, street or roadway.
(b) A violation of this section is a Class A misdemeanor, punishable only by a fine of not less than one thousand dollars ($1,000).

Part 6 Safety Belts

§ 55-9-601. Required — Specifications — Violations — Penalties.

(a)
1. (1) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, an automobile that is manufactured or assembled commencing with the 1964 models, unless the automobile is equipped with safety belts installed for use in the left front and right front seats.
2. (2) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, a passenger motor vehicle that is manufactured or assembled commencing with the 1969 models, unless the passenger motor vehicle is equipped with safety belts installed for use in every designated seating position of the motor vehicle.
(b) All such safety belts shall be of a type and be installed in a manner approved by the department of safety. The department shall establish specifications and requirements of approved types of safety belts and attachments. The department shall accept, as approved, all seat belt installations and the belt and anchor meeting the specifications of the Society of Automotive Engineers.
(c) As used in this section, unless specified otherwise, “passenger car” or “passenger motor vehicle” means any motor vehicle with a manufacturer's gross vehicle weight rating of eight thousand five hundred pounds (8,500 lbs.) or less that is not used as a public or livery conveyance for passengers. “Passenger car” or “passenger motor vehicle” does not apply to motor vehicles that are not required by federal law to be equipped with safety belts.
(d) A violation of this section is a Class C misdemeanor.
(e) No court costs shall be imposed or assessed against anyone convicted of a violation of this section.

§ 55-9-602. Child passenger restraint systems — Violations — Penalties.

(a)
1. (1) Any person transporting any child, under one (1) year of age, or any child, weighing twenty pounds (20 lbs.) or less, in a motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.
2. (2) Notwithstanding § 55-9-603, any person transporting any child, one through three (1-3) years of age weighing greater than twenty pounds (20 lbs.), in a motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a child passenger restraint system in a forward facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.
3. (3) Notwithstanding § 55-9-603, any person transporting any child, four through eight (4-8) years of age and measuring less than four feet, nine inches (4′ 9″) in height, in a passenger motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a belt positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.
4. (4)
  1. (A) If a child is not capable of being safely transported in a conventional child passenger restraint system as provided for in this subsection (a), a specially modified, professionally manufactured restraint system meeting the intent of this subsection (a) shall be in use; provided, however, that this subdivision (a)(4) shall not be satisfied by use of the vehicle's standard lap or shoulder safety belts independent of any other child passenger restraint system. A motor vehicle operator who is transporting a child in a specially modified, professionally manufactured child passenger restraint system shall possess a copy of the physician's signed prescription that authorizes the professional manufacture of the specially modified child passenger restraint system.
  2. (B) A person shall not be charged with a violation of this subsection (a) if the person presents a copy of the physician's prescription in compliance with this subdivision (a)(4) to the arresting officer at the time of the alleged violation.
  3. (C) A person charged with a violation of this subsection (a) may, on or before the court date, submit a copy of the physician's prescription and evidence of possession of a specially modified, professionally manufactured child passenger restraint system to the court. If the court is satisfied that compliance was in effect at the time of the violation, the charge for violating this subsection (a) may be dismissed.
5. (5) A person who is operating an autocycle shall not carry a child as a passenger if such child is required to be secured in a motor vehicle in a manner in accordance with this section unless:
  1. (A) The autocycle has an enclosed cab;
  2. (B) The autocycle meets the federal motor vehicle safety standards for child restraints found in 49 CFR 571.213 and 49 CFR 571.225; and
  3. (C) The child is secured in a manner in accordance with this section.
6. (6) With respect to a vehicle equipped with an ADS, responsibility ascribed in this subsection (a) shall belong solely to the parent, guardian, or other human person accompanying the child in the vehicle, and not to the ADS or the owner of the ADS-operated vehicle.
(b) All passenger vehicle rental agencies doing business in the state shall make available at a reasonable rate to those renting the vehicles an approved restraint as described in subsection (a).
(c)
1. (1) A violation of this section is a Class C misdemeanor.
2. (2) In addition to or in lieu of the penalty imposed under subdivision (c)(1), persons found guilty of a first offense of violating this section may be required to attend a court approved offenders' class designed to educate offenders on the hazards of not properly transporting children in motor vehicles. A fee may be charged for the classes sufficient to defray all costs of providing the classes.
(d) Any incorporated municipality may by ordinance adopt by reference any of the provisions of this section, it being the legislative intent to promote the protection of children wherever and whenever possible.
(e) Prior to the initial discharge of any newborn child from a health care institution offering obstetrical services, the institution shall inform the parent that use of a child passenger restraint system is required by law. Further, the health care institution shall distribute to the parent related information provided by the department of safety.
(f)
1. (1) There is established within the general fund a revolving special account to be known as the child safety fund, hereinafter referred to as the “fund.”
2. (2) All fines imposed by this section shall be sent by the clerk of the court to the state treasurer for deposit in the fund.
3. (3) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this section and § 55-9-610.
4. (4) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
5. (5) Disbursements from, investments of and deposits to the fund shall be administered and invested pursuant to title 9, chapter 4, part 5.
6. (6) The state treasurer may deduct reasonable service charges from the fund pursuant to procedures established by the state treasurer and the commissioner of finance and administration.
7. (7) The department of health is authorized, pursuant to duly promulgated rules and regulations, to determine equitable distribution of the moneys in the fund to those entities that are best suited for child passenger safety system distribution. Funds distributed pursuant to this section shall only be used for the purchase of child passenger safety systems to be loaned or given to the parent or guardian.
2 Backlinks
- 55-8-164(e)(2)(D)(i)
- 55-8-164(e)(2)(D)(ii)
(g)
1. (1)
  1. (A) Notwithstanding § 55-9-603, any person transporting any child, nine through twelve (9-12) years of age, or any child through twelve (12) years of age, measuring four feet, nine inches (4′ 9″) or more in height, in a passenger motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a seat belt system meeting federal motor vehicle safety standards. It is recommended that any such child be placed in the rear seat if available.
  2. (B) Notwithstanding § 55-9-603, any person transporting any child, thirteen through fifteen (13-15) years of age, in a passenger motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a passenger restraint system, including safety belts, meeting federal motor vehicle safety standards.
2. (2) A person charged with a violation of this subsection (g) may, in lieu of appearance in court, submit a fine of fifty dollars ($50.00) to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
3. (3) No litigation tax levied pursuant to title 67, chapter 4, part 6, shall be imposed or assessed against anyone convicted of a violation of this subsection (g), nor shall any clerk's fee or court costs, including but not limited to any statutory fees of officers, be imposed or assessed against anyone convicted of a violation of this subsection (g).
4. (4)
  1. (A) Notwithstanding subsection (f) to the contrary, the revenue generated by ten dollars ($10.00) of the fifty-dollar fine under subdivision (g)(2) for a person's first conviction under this subsection (g), shall be deposited in the state general fund without being designated for any specific purpose. The remaining forty dollars ($40.00) of the fifty-dollar fine for a person's first conviction under this subsection (g) shall be deposited to the child safety fund in accordance with subsection (f).
  2. (B) The revenue generated from the person's second or subsequent conviction under this subsection (g) shall be deposited to the child safety fund in accordance with subsection (f).
5. (5)
  1. (A) Notwithstanding any law to the contrary, no more than one (1) citation may be issued for a violation of this subsection (g) per vehicle per occasion. If the driver is neither a parent nor legal guardian of the child and the child's parent or legal guardian is present in the vehicle, the parent or legal guardian is responsible for ensuring compliance with this subsection (g).
  2. (B)
    1. (i) If no parent or legal guardian is present at the time of the violation, the driver is solely responsible for compliance with this subsection (g) if the vehicle is operated by conventional means.
    2. (ii) If the vehicle is operated by an ADS and:
      1. (a) If no parent or legal guardian is present at the time of the violation, the human person accompanying the child is solely responsible for compliance with this subsection (g);
      2. (b) If no parent or guardian is present at the time of the violation and more than one (1) human person accompanies the child, each person is jointly responsible for compliance with this subsection (g); or
      3. (c) If no human person accompanies the child, the parent or legal guardian of the child is responsible for compliance with this subsection (g).
(h) As used in this section, unless specified otherwise, “passenger motor vehicle” means any motor vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or less, that is not used as a public or livery conveyance for passengers. “Passenger motor vehicle” does not apply to motor vehicles that are not required by federal law to be equipped with safety belts.
(i) A person who has successfully met the minimum required training standards for installation of child restraint devices established by the national highway traffic safety administration of the United States department of transportation, who in good faith installs or inspects the installation of a child restraint device shall not be liable for any damages resulting from any act or omission related to the installation or inspection unless the act or omission was the result of the person's gross negligence or willful misconduct.
(j) Notwithstanding any of this part to the contrary, for any child transported by child care agencies licensed by the department of human services pursuant to title 71, chapter 3, part 5 and transported pursuant to the rules and regulations of the department, such rules and regulations shall remain effective until the department amends the rules and regulations; provided, however, that the department shall either promulgate rules consistent with this part or promulgate rules exceeding, based on applicable federal regulations or standards, this part no later than January 1, 2007.
(k)
1. (1) The failure to use a child restraint system shall not be admissible into evidence in a civil action; provided, however, that evidence of a failure to use a child restraint system, as required by this section, may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:
  1. (A) The plaintiff has filed a products liability claim;
  2. (B) The defendant alleging noncompliance with this section shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and
  3. (C) Each defendant seeking to offer evidence alleging noncompliance with this section has the burden of proving noncompliance with this section, that compliance with this section would have reduced injuries and the extent of the reduction of the injuries.
2. (2) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of the evidence in accordance with this subsection (k) and the Tennessee Rules of Evidence.
3. (3) Notwithstanding this subsection (k) to the contrary, if a party to the civil action is not the parent or legal guardian, then evidence of a failure to use a child restraint system, as required by this section, may be admitted in the action as to the causal relationship between noncompliance and the injuries alleged.

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56-8-104(8)(B)(iv)

§ 55-9-603. Use of safety belts in passenger vehicles — Violations — Penalties — Arrest — Applicability.

(a)
1. (1) No person shall operate a passenger motor vehicle on any highway, as defined in § 55-8-101, in this state unless the person and all passengers four (4) years of age or older are restrained by a safety belt at all times the vehicle is in forward motion.
2. (2) No person four (4) years of age or older shall be a passenger in a passenger motor vehicle on any highway, as defined in § 55-8-101, in this state, unless the person is restrained by a safety belt at all times the vehicle is in forward motion.
(b)
1. (1) This section shall apply only to the operator and all passengers occupying the front seat of a passenger motor vehicle.
2. (2) If the vehicle is equipped with a rear seat that is capable of folding, this section shall only apply to front seat passengers and the operator if the back seat is in the fold down position.
(c) As used in this section, unless specified otherwise, “passenger car” or “passenger motor vehicle” does not include any motor vehicle that is used as a public or livery conveyance for passengers or any motor vehicles that are not required by federal law to be equipped with safety belts, except autocycles as defined in § 55-1-103.
(d)
1. (1) A violation of this section is a Class C misdemeanor. All proceeds from the fines imposed by this subsection (d), except as otherwise provided by subdivisions (d)(2) and (3), shall be deposited in the state general fund and designated for the exclusive use of the division of vocational rehabilitation to assist eligible individuals with disabilities, as defined in § 49-11-602, who have been severely injured in motor vehicle accidents.
2. (2)
  1. (A) A person charged with a violation of this section may, in lieu of appearance in court, submit a fine of thirty dollars ($30.00) for a first violation, and fifty-five dollars ($55.00) for a second or subsequent violation to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
  2. (B) The revenue generated by fifteen dollars ($15.00) of the thirty-dollar fine in subdivision (d)(2)(A) for a person's first conviction shall be deposited in the state general fund without being designated for any specific purpose. Ten dollars ($10.00) of the thirty-dollar fine for the person's first conviction under subdivision (d)(2)(A) shall be deposited in the state general fund and designated for the exclusive use of the division of vocational rehabilitation to assist eligible individuals with disabilities, as defined in § 49-11-602, who have been severely injured in motor vehicle accidents. The remaining five dollars ($5.00) of the thirty-dollar fine for the person's first conviction under subdivision (d)(2)(A) shall be retained by the court clerk.
  3. (C) The revenue generated by thirty dollars ($30.00) of the fifty-five-dollar fine under subdivision (d)(2)(A) for a person's second or subsequent conviction shall be deposited in the state general fund without being designated for any specific purpose. Twenty dollars ($20.00) of the fifty-five-dollar fine for the person's second or subsequent conviction under subdivision (d)(2)(A) shall be deposited in the state general fund and designated for the exclusive use of the division of vocational rehabilitation to assist eligible individuals with disabilities, as defined in § 49-11-602, who have been severely injured in motor vehicle accidents. The remaining five dollars ($5.00) of the fifty-five-dollar fine for the person's second or subsequent conviction under subdivision (d)(2)(A) shall be retained by the court clerk.
3. (3)
  1. (A) Notwithstanding subdivision (d)(2), a person charged with a violation of subsection (i) may, in lieu of appearance in court, submit a fine of thirty dollars ($30.00) to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
  2. (B) Notwithstanding subdivision (d)(2), the revenue generated by fifteen dollars ($15.00) of the thirty-dollar fine under subdivision (d)(3)(A) for a person's first conviction under subsection (i) shall be deposited in the state general fund without being designated for any specific purpose. Ten dollars ($10.00) of the thirty-dollar fine for the person's first conviction under subsection (i) shall be deposited in the state general fund and designated for the exclusive use of the division of vocational rehabilitation to assist eligible individuals with disabilities, as defined in § 49-11-602, who have been severely injured in motor vehicle accidents. The remaining five dollars ($5.00) of the thirty-dollar fine for the person's first conviction under subsection (i) shall be retained by the court clerk.
  3. (C) The revenue generated by five dollars ($5.00) of the thirty-dollar fine under subdivision (d)(3)(A) for a person's second or subsequent conviction under subsection (i) shall be deposited in the state general fund without being designated for any specific purpose. Twenty dollars ($20.00) of the thirty-dollar fine for the person's second or subsequent conviction under subsection (i) shall be deposited in the state general fund and designated for the exclusive use of the division of vocational rehabilitation to assist eligible individuals with disabilities, as defined in § 49-11-602, who have been severely injured in motor vehicle accidents. The remaining five dollars ($5.00) of the thirty-dollar fine for the person's second or subsequent conviction under subsection (i) shall be retained by the court clerk.
(e) Except as otherwise provided by subdivisions (d)(2) and (3), no clerk's fee nor court costs, including, but not limited to, any statutory fees of officers, shall be imposed or assessed against anyone convicted of a violation of this section. No litigation tax levied pursuant to title 67, chapter 4, part 6, shall be imposed or assessed against anyone convicted of a violation of this section.
(f)
1. (1) A law enforcement officer observing a violation of this section shall issue a citation to the violator, but shall not arrest or take into custody any person solely for a violation of this section.
2. (2) The department of safety shall not report any convictions under this section except for law enforcement or governmental purposes.
(g) In no event shall a violation of this section be assigned a point value for suspension or revocation of a license by the department of safety, nor shall the violation be construed as any other offense under this title.
(h) This section does not apply to:
1. (1) A passenger or operator with a physical disability which prevents appropriate restraint in a safety seat or safety belt; provided, that the condition is duly certified in writing by a physician who shall state the nature of the disability, as well as the reason a restraint is inappropriate;
2. (2) A passenger motor vehicle operated by a rural letter carrier of the United States postal service while performing the duties of a rural letter carrier;
3. (3) Salespersons or mechanics employed by an automobile dealer who, in the course of their employment, test-drive a motor vehicle, if the dealership customarily test-drives fifty (50) or more motor vehicles a day, and if the test-drives occur within one (1) mile of the location of the dealership;
4. (4) Water, gas, and electric meter readers, and utility workers, while the meter reader or utility worker is:
  1. (A) Emerging from and reentering a vehicle at frequent intervals; and
  2. (B) Operating the vehicle at speeds not exceeding forty miles per hour (40 mph);
5. (5) A newspaper delivery motor carrier service while performing the duties of a newspaper delivery motor carrier service; provided, that this exemption shall only apply from the time of the actual first delivery to the customer until the last actual delivery to the customer;
6. (6) A vehicle in use in a parade if operated at less than fifteen miles per hour (15 mph);
7. (7) A vehicle in use in a hayride if operated at less than fifteen miles per hour (15 mph);
8. (8) A vehicle crossing a highway from one field to another if operated at less than fifteen miles per hour (15 mph); or
9. (9) An ADS or an ADS-operated vehicle. Except as otherwise provided by § 55-9-606(2), for purposes of an ADS-operated vehicle, a passenger or human operator required to be restrained by a safety belt pursuant to this section is solely responsible for the passenger's or human operator's compliance with such requirement.
(i)
1. (1) Notwithstanding this section to the contrary, no person between sixteen (16) years of age and up to and through the age of seventeen (17) years of age, shall operate a passenger motor vehicle, or be a passenger therein, unless the person is restrained by a safety belt at all times the vehicle is in forward motion.
2. (2) Notwithstanding subdivision (b)(1), this subsection (i) shall apply to all occupants between sixteen (16) years of age and eighteen (18) years of age occupying any seat in a passenger motor vehicle.
3. (3) Notwithstanding subdivision (f)(1), a law enforcement officer observing a violation of this subsection (i) shall issue a citation to the violator, but shall not arrest or take into custody any person solely for a violation of this subsection (i).
(j) Notwithstanding subsection (b), no person with a learner permit or an intermediate driver license shall operate a passenger motor vehicle in this state unless the person and all passengers between the ages of four (4) and seventeen (17) years of age are restrained by a safety belt at all times the vehicle is in forward motion.

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§ 55-9-604. Failure to wear safety belt — Contributory negligence — Evidence.

(a) The failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt shall not be admissible into evidence in a civil action; provided, that evidence of a failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt, as required by this chapter, may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:
1. (1) The plaintiff has filed a products liability claim;
2. (2) The defendant alleging noncompliance with this chapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and
3. (3) Each defendant seeking to offer evidence alleging noncompliance with this chapter has the burden of proving noncompliance with this chapter, that compliance with this chapter would have reduced injuries and the extent of the reduction of the injuries.
(b) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of the evidence in accordance with this section and the Tennessee Rules of Evidence.

§ 55-9-605. Liability of manufacturer.

This part shall not be construed to relieve the manufacturer of any product regulated pursuant to this part from any liability concerning the product that existed prior to April 21, 1986, nor shall any criminal or civil liability for the product be construed to be waived by any provisions of this part. This shall not be construed as establishing, or creating, strict liability on the part of the manufacturer.

§ 55-9-606. Passengers over sixteen years of age — ADS-operated vehicle.

Notwithstanding this part to the contrary:
1. (1) Except as otherwise provided in subdivision (2), the operator of a passenger motor vehicle under this part shall not be fined for the failure of any passenger over sixteen (16) years of age to wear a safety belt; and
2. (2) For purposes of an ADS-operated vehicle and when the ADS is engaged, neither the operator nor the owner shall be fined for the failure of any passenger, regardless of age, to wear a safety belt.
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  - 55-9-603(h)(9)

§ 55-9-607. Program to enforce compliance — Highway signs.

(a) The departments of health and safety shall initiate an educational program designed to encourage compliance with safety belt and child passenger restraint system usage laws. This program shall focus on the effectiveness of restraint devices, the monetary saving and other benefits to the public, and the requirements and penalties specified in this law.
(b) The commissioner of transportation may, within the department of transportation's existing budget, erect signs or add to existing signs along interstate highways within the state a statement to the effect that Tennessee law requires all passengers in a motor vehicle to be wearing safety belts. The number and placement of the signs shall be within the discretion of the commissioner.

§ 55-9-608, 55-9-609. [Reserved.]

§ 55-9-610. Child safety restraints — Programs to increase compliance.

The departments of health and safety shall place a priority on programs directed to increasing compliance with laws requiring child safety restraints. These efforts shall include the following:
1. (1) The department of safety shall supply to health care institutions providing obstetrical services appropriate literature pertaining to child safety restraints for distribution to prospective parents and parents of newborn children; and
2. (2) The departments of health and safety shall coordinate their efforts in visiting prenatal classes offered by health care institutions providing obstetrical services to assure prospective parents understand the requirements of and necessity for child safety restraints.

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55-9-602(f)(3)

Chapter 10 Accidents, Crimes and Penalties

Part 1 Accidents

§ 55-10-101. Accidents involving death or personal injury.

(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close to the scene as possible, but shall then return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of § 55-10-103. The stop shall be made without obstructing traffic more than is necessary. The requirements in this subsection (a) apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
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- 40-35-501(ee)
(b)
1. (1) A violation of subsection (a) is a Class A misdemeanor.
2. (2)
  1. (A) It is a Class E felony for any person to fail to stop or to comply with the requirements of subsection (a) when the person knew or should reasonably have known that death resulted from the accident.
  2. (B) If, as a result of the same course of conduct, a person who is charged with a violation of subdivision (b)(2)(A) is also charged with the offense of vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213 or aggravated vehicular homicide under § 39-13-218, any sentence imposed for a violation of subdivision (b)(2)(A) shall be served consecutive to any sentence imposed for the applicable assault or homicide offense.
(c) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of the person convicted of a violation of this section.
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- 55-10-102(b)(2)
(d) As used in this part, “accident” includes any collision or crash, regardless of the degree of care exercised by the drivers involved or whether it was the result of criminal conduct.
(e) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.

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§ 55-10-102. Accidents involving damage to vehicle.

(a) The driver of any vehicle involved in an accident shall immediately stop the vehicle at the scene of the accident or as close to the scene of the accident as possible or shall return to and in any event remain at the scene of the accident. After all parties have determined and agreed that there is only damage to the vehicles and no suspected injury of any kind to drivers or passengers, all parties shall remain at the scene of the accident until the requirements of § 55-10-103 have been met. The stop shall be made without obstructing traffic more than is necessary. The requirements of this subsection (a) apply to accidents occurring upon highways and the premises of any shopping center, trailer park, or apartment house complex, or any other premises that are generally frequented by the public at large.
(b)
1. (1) Any person failing to stop or to comply with the requirements of subsection (a) under those circumstances, in which damage done to vehicles or property not owned or operated by the person charged with a violation of this section does not exceed one thousand five hundred dollars ($1,500) or would appear to a reasonable person not to exceed one thousand five hundred dollars ($1,500), commits a Class B misdemeanor and may be punished pursuant to § 55-10-301(b).
2. (2) Any person failing to stop or to comply with the requirements of subsection (a) under those circumstances, in which damage done to vehicles or property not owned or operated by the person charged with a violation of this section exceeds one thousand five hundred dollars ($1,500) or would appear to a reasonable person to exceed one thousand five hundred dollars ($1,500), commits a Class A misdemeanor and in addition thereto may be punished pursuant to § 55-10-101(c).
3. (3) In addition to the penalties listed in subdivisions (b)(1) and (2), the commissioner of safety shall suspend the driver license or nonresident motor vehicle operating privilege of any person failing to stop or to comply with the requirements of subsection (a) under those circumstances, if the person is also not in compliance with the Tennessee Financial Responsibility Law, compiled in chapter 12, part 1 of this title. Any suspension under this subdivision (b)(3) shall be for a minimum of one (1) year. Notice of the suspension of the driver license shall be sent by United States mail not less than twenty (20) days prior to the effective date of suspension. The notice shall state that the person is entitled to an administrative hearing held by the commissioner of safety, or the commissioner's designee, pursuant to a request under § 55-12-103(a). A person whose motor vehicle operating privileges have been so suspended may obtain restoration of driving privileges by paying a restoration fee of twenty-five dollars ($25.00) to the commissioner of safety following the expiration of the suspension period.
(c) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.

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§ 55-10-103. Duty to give information and render aid.

(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall give the driver's name, address and the registration number of the vehicle the driver is driving, and shall, upon request and if available, exhibit that driver's operator's or chauffeur's license, or driver license, to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if carrying is requested by the injured person.
(b) The requirements in subsection (a) shall apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
(c) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.

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§ 55-10-104. Duty upon striking unattended vehicles.

(a) The driver of any vehicle that collides with any unattended vehicle shall immediately stop and shall then and there either locate and notify the operator or owner of that vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. Written notices prepared pursuant to this section shall include information pertaining to the insurance policy, including the name of the insurer, of the driver and of the owner of the vehicle. If the driver and the owner have a certificate of compliance with the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12 of this title, issued by the commissioner of safety, a copy of the certificate shall be included in the written notice.
(b) The requirements in subsection (a) shall apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
(c) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.

§ 55-10-105. Duty upon striking fixtures — ADS-operated vehicle.

(a) The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway or on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large, shall take reasonable steps to locate and notify the owner or person in charge of the property of that fact, the driver's name, address, and the registration number of the vehicle that the driver was driving, and shall, upon request and if available, exhibit the driver's operator's or chauffeur's license, or driver license, and shall make report of the accident when and as required in § 55-10-107.
(b) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.

§ 55-10-106. Immediate notice of accident.

(a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of fifty dollars ($50.00) or more shall immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the state highway patrol.
(b) The requirements in subsection (a) shall apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
(c) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.

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§ 55-10-107. Written report of accident.

(a)
1. (1) The driver of a vehicle that is in any manner involved in an accident resulting in bodily injury to or death to any person, or in which damage to the property of any one (1) person, including the driver's, in excess of one thousand five hundred dollars ($1,500) is sustained, shall within twenty (20) days after the accident, forward a written report of the accident to the department of safety; provided, that persons making written reports to the department pursuant to § 55-12-104 shall not be required to make any additional report pursuant to this section, § 55-10-109 or § 55-10-111.
2. (2) If an accident results in damage to state or local government property in excess of four hundred dollars ($400), then the driver of the vehicle involved in the accident shall file a written report in accordance with subdivision (a)(1).
(b) The requirements in subsection (a) shall apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
(c) Written reports prepared pursuant to this section shall include information pertaining to the insurance policy, including the name of the insurer, of the driver and of the owner of the vehicle. If the driver and the owner have a certificate of compliance with the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12 of this title, issued by the commissioner of safety, a copy of the certificate shall be included in the written notice.
(d) With respect to an ADS-operated vehicle, as defined by § 55-30-102, the written reports required under subsection (a) must be completed by the vehicle's owner.

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§ 55-10-108. Additional information — Request for copy of report — Reports open to public inspection — Prohibited uses.

(a) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.
(b)
1. (1) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident, whether the accident has occurred on a highway within this state or on privately owned real property, either at the time of and at the scene of the accident or thereafter, by interviewing the participants or witnesses, shall, within seven (7) calendar days after completing the investigation, forward a report of the accident to the department, and a copy thereof shall be kept in the various district offices of the Tennessee highway patrol. Any motor vehicle officer investigating any accident, at the time of and at the scene of the accident, may have the parties exchange insurance information, which would include the name of each party’s insurance company and the location of an agency of the insurance company. Reports prepared by a law enforcement officer shall include information pertaining to the insurance policy, including the name of the insurance company, if known, of each person involved in the accident. If a person has a certificate of compliance with the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12 of this title, issued by the commissioner of safety, a copy of the certificate shall be included in the report.
2. (2) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that occurs on a road or highway in Tennessee, including federal interstates and defense highways, shall note on the report of the accident if physical barriers are present at the site of such motor vehicle accident.
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- 54-5-1003(f)
(c) Whenever an accident occurs involving operators of railroad locomotives, law enforcement officers making reports of such accidents shall enter the operating permit number issued by the employing railroad instead of the operator's motor vehicle license number.
(d) Upon written request to the commissioner of safety in Nashville by the driver or owner of a vehicle involved in such an accident, or the driver's or owner's agent or legal representative, a copy of any report of a motor vehicle accident investigated by the department shall be forwarded to the requesting party, the written request to be accompanied by four dollars ($4.00) which shall be expendable receipts of the department. Except for personally identifying information described in § 10-7-504(a)(31), the report under subsection (b) shall not be considered confidential within the meaning of § 55-10-114(a). Copies of any reports of a motor vehicle accident investigated by the department that are on file in the various district offices of the Tennessee highway patrol shall be made available for inspection by the parties set forth in this subsection (d), and may be obtained from the station by paying the fee of four dollars ($4.00).
(e) The department of safety shall monitor reports of accidents forwarded to the department by law enforcement agencies to ensure that the reports are being forwarded timely. The department shall notify any law enforcement agency that fails consistently to forward the reports within seven (7) calendar days pursuant to subsection (b).
(f)
1. (1) Any report of a motor vehicle accident investigated by the department or prepared pursuant to subsection (b) is open to public inspection as a public record under the public records laws compiled in title 10, chapter 7, with the exception of personally identifying information as provided in § 10-7-504(a)(31).
2. (2) It is a Class B misdemeanor, punishable only by fine of two thousand five hundred dollars ($2,500) per occurrence for any person to knowingly use the report or information contained in the report for solicitation that is prohibited by a standard of conduct or practice of any profession licensed by this state. Any person requesting the disclosure of personally identifying information who misrepresents that person's identity or makes a false statement on any request submitted pursuant to this chapter commits a Class B misdemeanor, punishable only by a fine of two thousand five hundred dollars ($2,500) per occurrence.
(g) A person who holds a professional license regulated by the executive branch of this state who uses information obtained pursuant to this section in violation of a statute, code of professional ethics, or rule of professional conduct applicable to that person commits a Class B misdemeanor, punishable by fine only of two thousand five hundred dollars ($2,500) per occurrence.
(h) In addition to any other remedies, a person whose personally identifying information is obtained in violation of subdivision (f)(2) or subsection (g) may bring a private right of action individually to recover actual damages against the person or entity committing such violation. The trial court may award a civil penalty up to two thousand five hundred dollars ($2,500) per act or occurrence against such person or entity. The action may be brought in a court of competent jurisdiction in the county where the alleged violation took place or in the county in which the plaintiff resides. Upon a determination of a violation by the trier of fact, the court may award the plaintiff reasonable attorneys' fees and costs. The private right of action provided in this subsection (h) does not apply to contact by persons or entities allowed to obtain personally identifying information pursuant to § 10-7-504(a)(31)(B) or other applicable law.
(i)
1. (1) As used in this subsection (i):
  1. (A) “Accident response service fee” means a fee imposed for the response or investigation by a law enforcement agency of a motor vehicle accident; and
  2. (B) “Entity” includes a governmental entity or agency or a department of a governmental entity.
2. (2) Notwithstanding any other law to the contrary, no person or entity shall impose an accident response service fee on or from an insurance company, the driver or owner of a motor vehicle, or any other person. Nothing in this part prevents any county, municipality or other local government from billing an insurance company, the driver or owner of a motor vehicle, or any other person for ambulance services provided in response to or in conjunction with emergency response to motor vehicle accidents.

§ 55-10-109. When driver unable to report.

(a) An accident report is not required under this part from any person who is physically incapable of making a report during the period of the incapacity.
(b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in § 55-10-106, and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.
(c) Whenever the driver is physically incapable of making a written report of an accident as required in § 55-10-107, and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall within twenty (20) days after learning of the accident make the report not made by the driver.

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§ 55-10-110. False reports.

Any person who gives information reports as required in §§ 55-10-107 — 55-10-109, knowing or having reason to believe that the information is false, commits a Class C misdemeanor.

§ 55-10-111. Accident report forms — Penalty for failure to report.

(a) The department shall advise all suitable agencies or individuals required to submit accident reports the appropriate method to submit such report. The reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicles involved.
(b) Every accident report required to be made by a law enforcement officer shall be transmitted to the department in an electronic format approved and according to the standards established by the department. The report shall contain all of the information required therein unless not available. All other accident reports shall be transmitted to the department on appropriate forms approved by the department.
(c) The commissioner may suspend the license or permit to drive and any nonresident operating privileges of any person failing to report an accident as herein provided until the report has been filed, and the commissioner may extend the suspension for a period not to exceed thirty (30) days. A person failing to make a required report commits a Class C misdemeanor.

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§ 55-10-112. Coroner's report.

Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the department the death of any person within the coroner's or other official's jurisdiction during the preceding calendar month as the result of a traffic accident, giving the time and place of the accident and the circumstances relating thereto.

§ 55-10-113. Garages to report.

The person in charge of any garage or repair shop, to which is brought any motor vehicle that shows evidence of having been involved in an accident of which report must be made as provided in § 55-10-107, or of having been struck by any bullet, shall report to the department within twenty-four (24) hours after the motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of the vehicle.

§ 55-10-114. Public inspection of reports relating to accidents.

(a) All accident reports made by any person or by garages shall be without prejudice to the individual so reporting, and shall be for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, or for the administration of the laws of this state relating to the deposit of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the department may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies having been present at the accident.
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- 55-10-108(d)
(b) No reports or information mentioned in this section shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any party to the trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law.

§ 55-10-115. Department to tabulate and analyze accident reports — Request for copy of crash report by member of general assembly.

(a) The department shall prepare and shall upon request supply to police, coroners, sheriffs and other suitable agencies or individuals, forms for accident reports calling for sufficiently detailed information to disclose with reference to a highway accident the cause, conditions then existing, and the persons and vehicle involved, as provided in § 55-10-111.
(b) The department shall receive accident reports required to be made by this part and may tabulate and analyze those reports and publish annually, or at more frequent intervals, statistical information based thereon as to the number, cause and location of highway accidents.
(c) Based upon its findings after this analysis, the department may conduct further necessary detailed research to more fully determine the cause and control of highway accidents. It may further conduct experimental field tests within areas of the state from time to time to prove the practicability of various ideas advanced in traffic control and accident prevention.
(d)
1. (1) Any member of the general assembly may request, in writing, the department to provide a copy of a crash report received pursuant to this part that occurred in the member's district and that resulted in a person's death. The report must be provided to the member within thirty (30) business days after a confirmed death is reported to the department on the crash report.
2. (2) The written request must include the duration for which the member wishes to receive crash reports, up to three hundred sixty-five (365) days. A member must submit another request after the expiration of the previous request in order to continue receiving crash reports.
3. (3) A crash report that is subject to an ongoing investigation or court order requiring the information be kept confidential shall not be released under this subsection (d).
4. (4) The federal Driver Privacy Protection Act (18 U.S.C. §§ 2721-2725), the Uniform Motor Vehicle Records Disclosure Act, compiled in chapter 25 of this title, and any other state or federal law regarding protection of personally identifiable information apply to any report released under this subsection (d).

§ 55-10-116. Railroad locomotive engineers — Display of operator permits.

Notwithstanding any law to the contrary, whenever an engineer of a railroad locomotive is required to show proof of identity under this title, in connection with operation of the locomotive, to any law enforcement officer, the engineer shall not be required to display an operator's or chauffeur's license, or driver license, but shall display an engineer's operator permit instead.

§ 55-10-117. Removal of vehicles from accident scene where no personal injury has occurred.

(a) Notwithstanding any law to the contrary, a motor vehicle involved in a traffic accident and the driver of the motor vehicle shall be subject to this section.
(b) This section shall apply to any motor vehicle traffic accident that occurs on a divided, controlled access highway or interstate highway of this state.
(c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, the driver of each motor vehicle involved in the traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver license, should remove the vehicle from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median, or to a place otherwise removed from the roadway whenever, in the judgment of the driver, the moving of a vehicle may be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and may be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of the motor vehicle may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and that person may comply with the request.
(d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this section.
(e) This section does not abrogate or affect a driver's duty to file any written report that may be required by law, but compliance with the requirements of this section does not allow a driver to be prosecuted for the failure to stop and immediately report a traffic accident.
(f) This section does not abrogate or affect a driver's duty to stop and give information in accordance with law, nor does it relieve a law enforcement officer of the officer's duty to render a report in accordance with law.

§ 55-10-118. Multiple drivers in vehicle involved in an accident.

If a motor vehicle is involved in an accident and there is more than one (1) driver of the motor vehicle, only the driver contributing to the accident shall be charged with a violation of the rules of the road compiled in chapter 8 of this title.

§ 55-10-119. Detaining drivers involved in accidents involving serious bodily injury or death if driver does not have valid driver license and evidence of financial responsibility.

An officer shall detain a driver without a warrant, as provided in § 40-7-103, and bring the driver before a committing magistrate if the driver:
1. (1) Is involved in an accident resulting in:
  1. (A) Serious bodily injury, as defined in § 55-50-502; or
  2. (B) Death; and
2. (2) Does not have a valid driver license; and
3. (3) Does not have evidence of financial responsibility as required by § 55-12-139.

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§ 55-10-120. Disclosure of information to public — Use of drugs or alcohol as factor in accident — Requirements.

(a) Every law enforcement agency shall have a policy describing when law enforcement personnel may disclose to the public information or law enforcement records concerning the use of drugs or alcohol by a driver as a contributing factor in a motor vehicle accident.
(b) The policy required by subsection (a) shall include a requirement that the law enforcement agency make a good faith effort to notify the immediate family of those involved in the motor vehicle accident of the presence of drugs or alcohol as a contributing factor before such information may be made available to the public.

Part 2 Crimes

§ 55-10-201. Parties to a crime.

Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared in chapter 8 or parts 1-5 of this chapter to be a crime, whether individually or in connection with one (1) or more other persons, or as a principal, agent or accessory, is guilty of the offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of chapter 8 or parts 1-5 of this chapter is likewise guilty of the offense.

§ 55-10-202. Offenses by persons owning or controlling vehicles.

(a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law.
(b) A violation of this section is a Class C misdemeanor.

§ 55-10-203. When arrested person must be taken before a magistrate — Admission to bail.

(a) Whenever any person is arrested for a violation of chapter 8 or parts 1-5 of this chapter, the arrested person shall be taken without unnecessary delay before a magistrate or judge within the county in which the offense charged is alleged to have been committed, who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, in any of the following cases:
1. (1) When a person arrested demands an immediate appearance before a magistrate or judge;
2. (2) When the person is arrested upon a charge of criminally negligent homicide, voluntary manslaughter or murder;
3. (3) When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs;
4. (4) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injury or damage to property; and
5. (5) In any other event when the person arrested refuses to give written promise to appear in court as hereinafter provided.
(b) Any person arrested and charged with violating any provision of chapters 8 and 9 of this title or §§ 55-10-103 — 55-10-310 who is taken before a magistrate or judge as provided in subsection (a) shall be admitted to bail by posting a cash bond, but in no case shall the cash bond exceed the maximum fine and costs for the offense or offenses for which the defendant is charged.

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§ 55-10-204. Illegal cancellation of traffic citation — Audit of citation records.

(a) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this chapter, commits a Class C misdemeanor.
(b) Every record of traffic citations required in chapter 8 and parts 1-5 of this chapter shall be audited by the appropriate fiscal officer of the governmental agency to which the traffic-enforcement agency is responsible, within the time prescribed for the audit of other officers of the agency.

§ 55-10-205. Reckless driving.

(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.
(b) A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen (18) years of age or older.
(c)
1. (1) Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving. In addition to the penalties imposed pursuant to subsection (d), the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation.
2. (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the operator's driving through the flood warning sign or barricade was necessitated by a bona fide emergency.
3. (3) This subsection (c) shall not apply to an emergency vehicle. “Emergency vehicle” means a vehicle of a governmental department or public service corporation when responding to any emergency, or any vehicle of a police or fire department, or any ambulance.
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- 29-20-201(d)
(d)
1. (1) A violation of this section is a Class B misdemeanor.
2. (2) In addition to the penalty authorized by subdivision (d)(1), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c).
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  - 55-10-412(b)

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§ 55-10-206. Off-road vehicles — Prohibited acts — Penalties.

(a) For the purposes of this section, “motor vehicle” means any motor vehicle as defined in § 55-1-103, which possesses a four-wheel drive capability and that is designed and suitable for operation off the highway on natural terrain.
(b) It is unlawful for any person to operate a motor vehicle on private property for the purposes of testing or demonstrating driving skills or ascertaining certain vehicle endurance factors, unless the consent of the owner or person in control of the property has been granted for the activities. The driving skills and vehicle endurance factors include, but are not limited to, cross-country driving, drag racing or testing the motor vehicle's capabilities over natural, rough or muddy terrain.
(c) Any person found guilty of a violation of this section shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) and, in the discretion of the court, the person's driver license shall be subject to suspension for six (6) months.

§ 55-10-207. Traffic citation in lieu of arrest.

(a) As used in this section, “traffic citation” means a written citation or an electronic citation prepared by a law enforcement officer on paper or on an electronic data device with the intent the citation shall be filed, electronically or otherwise, with a court having jurisdiction over the alleged offense.
(b)
1. (1) Whenever a person is arrested for a violation of any provision of chapter 8, 9, 10 or 50 of this title or § 55-12-139, or chapter 52, part 2 of this title, punishable as a misdemeanor, and the person is not required to be taken before a magistrate or judge as provided in § 55-10-203, the arresting officer shall issue a traffic citation to the person in lieu of arrest, continued custody and the taking of the arrested person before a magistrate, except as provided in subsection (h).
2. (2) A law enforcement officer at the scene of a traffic accident may issue a traffic citation to the driver or drivers of any vehicles involved in the accident when, based on personal investigation, the officer has reasonable and probable grounds to believe that the person or persons have committed an offense under chapter 8, 9, 10 or 50 of this title.
3. (3) Whenever a person is arrested for a violation of any provision of chapter 4, part 4 of this title that is punishable as a misdemeanor, the arresting officer may issue a traffic citation to the person in lieu of arrest, continued custody and the taking of the arrested person before a magistrate.
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  - 55-4-412(d)
(c)
1. (1) The traffic citation shall demand the person cited to appear in court at a stated time and it shall state the name and address of the person cited, the name of the issuing officer, and the offense charged. Unless the person cited requests an earlier date, the time specified on the traffic citation to appear shall be as fixed by the arresting officer. The traffic citation shall give notice to the person cited that failure to appear as ordered is punishable as contempt of court. The person cited shall signify the acceptance of the traffic citation and the agreement to appear in court as directed by signing the citation. An electronic signature may be used to sign a citation issued electronically and has the same force and effect as a written signature.
2. (2) Any traffic citation prepared as a paper copy shall be executed in triplicate, the original to be delivered to the court specified therein, one (1) copy to be given to the person cited, and one (1) copy to be retained by the officer issuing the citation.
3. (3) Replicas of traffic citation data sent by electronic transmission shall be sent within three (3) days of the issuance of the citation to the court having jurisdiction over the alleged offense. Any person issued a traffic citation prepared by a law enforcement officer electronically shall be provided with a paper copy of the traffic citation. A law enforcement officer who files a citation electronically shall be considered to have certified the citation and has the same rights, responsibilities, and liabilities as other citations issued pursuant to this section.
(d) Whenever a traffic citation has been prepared, accepted, and the original citation delivered to the court as provided herein, the original citation delivered to the court shall constitute a complaint to which the person cited must answer and the officer issuing the citation shall not be required to file any other affidavit of complaint with the court.
(e)
1. (1) Each court clerk shall charge and collect an electronic traffic citation fee of five dollars ($5.00) for each traffic citation resulting in a conviction. Such fee shall be assessable as court costs and paid by the defendant for any offense cited in a traffic citation delivered that results in a plea of guilty or nolo contendere, or a judgment of guilty. This fee shall be in addition to all other fees, taxes and charges. One dollar ($1.00) of such fee shall be retained by the court clerk. The remaining four dollars ($4.00) of the fee shall be transmitted monthly by the court clerk to the law enforcement agency that prepared the traffic citation that resulted in a plea of guilty or nolo contendere, or a judgment of guilty.
2. (2) All funds derived from the electronic traffic citation fee that are transmitted to the law enforcement agency that prepared the traffic citation pursuant to subdivision (e)(1) shall be accounted for in a special revenue fund of such law enforcement agency and may only be used for the following purposes:
  1. (A) Electronic citation system and program related expenditures; and
  2. (B) Related expenditures by such local law enforcement agency for technology, equipment, repairs, replacement and training to maintain electronic citation programs.
3. (3) All funds derived from the electronic citation fee set aside for court clerks pursuant to subdivision (e)(1) shall be used for computer hardware purchases, usual and necessary computer related expenses, or replacement. Such funds shall be preserved for those purposes and shall not revert to the general fund at the end of a budget year if unexpended.
4. (4) The local legislative body of any county or municipality may, by majority vote, adopt a resolution or ordinance to authorize a county or municipal court clerk to charge and collect electronic traffic citation fees pursuant to this subsection (e). Any electronic traffic citation fee imposed pursuant to an ordinance or resolution under this subdivision (e)(4) shall terminate five (5) years from the date on which the ordinance or resolution is adopted.
(f) Prior to the time set for the person to appear in court to answer the charge, the person cited may elect not to contest the charge and may, in lieu of appearance in court, submit the fine and costs to the clerk of the court. The submission to fine must be with the approval of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed. The submission to fine shall not otherwise be exclusive of any other method or procedure prescribed by law for disposition of a traffic citation that may be issued for a violation of any provision of this chapter or chapter 8, 9, or 50 of this title or § 55-12-139 or chapter 4, part 4 of this title.
(g) If the person cited has not paid the traffic citation upon submission to fine as provided in this section and the person cited fails to appear in court at the time specified, or such later date as may be fixed by the court, the court may issue a warrant for the person's arrest or may declare a judgment of forfeiture for the offense charged. The judgment of forfeiture shall in no case be more than the total amount of fine and costs prescribed by law for the offense and may be collected in the manner provided in § 40-24-105.
(h)
1. (1) This section shall not be applicable to any person arrested for a violation of any of the offenses enumerated in § 55-10-203, or to any person arrested for a violation of any provision of this chapter or chapter 8, 9 or 50 of this title that is punishable by a fine of more than fifty dollars ($50.00) or by imprisonment for more than thirty (30) days. This section shall not supersede § 40-7-118, nor shall it require the use of a traffic citation in lieu of arrest in any of the circumstances specified in § 40-7-118(d).
2. (2) This section shall not be applicable to a person who is subject to arrest pursuant to § 55-10-119.
(i) Notwithstanding any other law to the contrary, all traffic citations used in Tennessee shall contain, as a minimum, the following information:
1. (1) Citation number;
2. (2) Violator's first name, middle name or middle initial, last name and date of birth;
3. (3) Violator's driver license number, state of issuance and class of the license;
4. (4) Whether or not the license is a commercial driver license;
5. (5) The vehicle make, model, year, color, and owner;
6. (6) The license plate number, year, and state of issuance;
7. (7) Whether or not the vehicle is a commercial motor vehicle;
8. (8) Whether or not the vehicle is transporting hazardous materials requiring placards;
9. (9) Whether or not the vehicle can transport sixteen (16) or more passengers;
10. (10) The offense committed, including the date and time, if applicable;
11. (11) The location of the offense;
12. (12) The issuing officer's name, rank, badge/ID number, and employing agency; and
13. (13) The time, date, location, and court where the offense will be heard.

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§ 55-10-208. Uniform traffic citation form.

(a) Every law enforcement officer in this state who is authorized to issue traffic citations may use a uniform traffic citation form prescribed by the department of safety.
(b) The department is authorized and directed to promulgate a uniform traffic citation form which may be used exclusively by all law enforcement officers and agencies in this state in issuing citations for traffic law violations.

§ 55-10-209. Aggravated reckless driving.

(a) A person commits aggravated reckless driving who:
1. (1) Commits the offense of reckless driving, as defined in § 55-10-205; and
2. (2) Intentionally or knowingly impedes traffic upon a public street, highway, alley, parking lot, or driveway, or on the premises of a shopping center, trailer park, apartment house complex, or any other premises accessible to motor vehicles that are generally frequented by the public at large.
(b)
1. (1) A violation of this section is a Class A misdemeanor.
2. (2) In addition to the penalty authorized by subdivision (b)(1), the court may assess a fine of two thousand five hundred dollars ($2,500) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c).
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  - 55-10-412(b)

Part 3 Penalties and Procedure

§ 55-10-301. Penalty for violations of chapters 8 and 9 and parts 1-5 of this chapter.

(a) Any person violating any of the provisions of chapters 8 and 9 of this title and parts 1-5 of this chapter where a penalty is not specifically prescribed commits a Class C misdemeanor.
(b)
1. (1) Any person violating any of the provisions of chapters 8 and 9 of this title and parts 1-5 of this chapter may be required, at the discretion of the court, to attend a driver education course approved by the department of safety in addition to or in lieu of any portion of other penalty imposed; provided, that the course is approved by the department, it may be operated and conducted by a:
  1. (A) County, municipality or other entity of local government;
  2. (B) Nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3) (26 U.S.C. § 501(c)(3)); or
  3. (C) Private entity that:
    1. (i) Is licensed by the secretary of state to conduct business in this state, if required of the entity by state law;
    2. (ii) Is registered with the department of revenue for all applicable taxes; and
    3. (iii) Conducts at least two (2) courses per calendar year, whether in person or online.
2. (2) A reasonable fee between fifty dollars ($50.00) and one hundred seventy-five dollars ($175) may be assessed for the driver education or driver improvement course; provided, that no one shall be refused admittance for inability to pay. This fee shall apply only to driver improvement courses that may be required pursuant to this section, and shall not apply to any program offered pursuant to title 49, chapter 1, or to any other driving instruction school.
3. (3) By operating a driver education or improvement course pursuant to this subsection (b), the entity operating or conducting the course consents to the inspection of all records concerning the course by the department of safety; provided, that inspection made pursuant to this subdivision (b)(3) shall not preclude inspection of any records pursuant to any other provision of law.
4. (4) Each court clerk shall provide a list of approved entities in the county to any person ordered to attend a driver education or improvement course.
5. (5) Upon certification to the court clerk that a court ordered driver education or improvement course has been completed, the court clerk shall report the completion to the department of safety. The report shall be accomplished on the abstract of record of the court referenced in § 55-10-306.
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- 55-10-102(b)(1)
(c) Subsection (b) shall not apply to any person who holds a Class A, B, or C license and is charged with any violation, except a parking violation, in any type of motor vehicle.
(d) Subsection (b) shall not apply to any person who holds any class of driver license and who is charged with any violation, except a parking violation, while operating a commercial motor vehicle.

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§ 55-10-302. Automated license plate recognition system — Limitation on storage of data.

1. (a) As used in this section, unless the context otherwise requires:
  1. (1) “Automated license plate recognition system” means one (1) or more fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data;
  2. (2) “Captured plate data” means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automated license plate recognition system; and
  3. (3) “Governmental entity” means any lawfully established department, agency or entity of this state or of any political subdivision of this state.
2. (b) Any captured plate data collected or retained by any governmental entity through the use of an automated license plate recognition system may not be stored for more than ninety (90) days unless the data is retained or stored as part of an ongoing investigation, and in that case, the data shall be destroyed at the conclusion of either:
  1. (1) An investigation that does not result in any criminal charges being filed; or
  2. (2) Any criminal action undertaken in the matter involving the captured plate data.

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55-8-198(f)(3)(B)(i)

§ 55-10-303. Disposition of collections.

(a) All fines, penalties and forfeitures of bonds imposed or collected under any of the provisions of chapters 8 and 9 of this title, parts 1-5 of this chapter and § 55-12-139, except such as may be imposed or collected under § 55-10-401, shall, within fifteen (15) days following the last day of the month in which the fines, penalties and forfeitures of bond were received, be paid to the commissioner of safety, with a statement accompanying the same, setting forth the action or proceeding in which the moneys were collected, the name and residence of the defendant, the nature of the offense and fines, penalties, forfeitures or sentence, if any, imposed.
(b) The fines, penalties, and forfeitures of bonds imposed or collected under § 55-10-401 shall be paid to the jurisdiction that initiated the arrest; provided, that the collections that were initiated by state officers shall be retained and deposited in the general funds of the county wherein the case is tried. In counties having a population over six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, the collections shall be retained and deposited in the general fund of the county wherein the case is tried, except that whenever the case is tried in a municipal court of a municipality that lies in any county falling within the population category hereinbefore provided, the collections shall be retained and deposited in the general fund of the municipality.

§ 55-10-304. Collections of fines and penalties.

The commissioner of safety is empowered in the name of the state to take all steps necessary to enforce the collection and prompt return of all the fines, penalties, and forfeitures of bonds; and the same when so collected shall be credited to the department of safety and used to carry out chapters 8 and 9 of this title, parts 1-5 of this chapter and § 55-12-139.

§ 55-10-305. Cases — How tried.

No judge shall try any case except upon warrant duly prepared in the form required by law, which shall be preserved with the other papers pertaining to the judge's office, and no such judge shall collect any fine or cost imposed in any case involving a violation of chapters 8 and 9 of this title, parts 1-5 of this chapter and § 55-12-139, until that judge has completed the entries pertaining to the case in a docket kept for the making of the judge's records. All such dockets shall be preserved and shall be at all times subject to inspection upon demand of any person named therein, and by all state officials or their duly authorized representatives. All judges shall deliver upon request, without charge, to the accused a receipt showing in detail the amount of fine and cost imposed upon and paid by the accused. No judge shall divide the fees of the judge's office with any constable, sheriff, or other state officer, or with any individual who may assist in making an arrest or furnish evidence in a case arising under chapters 8 and 9 of this title, parts 1-5 of this chapter and § 55-12-139. Any judge violating any of the provisions of this section or failing or refusing to make returns of convictions and fines or penalties imposed in chapters 8 and 9 of this title, parts 1-5 of this chapter and § 55-12-139, shall be subject to removal for misdemeanor in office.

§ 55-10-306. Record of traffic cases — Report of convictions to department.

(a) Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation or other legal form of traffic charge deposited with or presented to the court or the traffic violations bureau of its jurisdiction, and shall keep a record of every official action by the court or the traffic violations bureau of its jurisdiction in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint, warrant, or citation deposited with or presented to the court or traffic violations bureau.
(b)
1. (1) Except as provided by § 55-50-409, within thirty (30) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of chapter 8, parts 1-5 of this chapter and § 55-12-139 or other law regulating the operation of vehicles on highways, every such magistrate or judge of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle.
2. (2) Upon receipt of the fee of sixty-five dollars ($65.00) as specified in § 55-12-129, the commissioner shall make a payment of ten dollars ($10.00) for the furnishing of a completed report of a conviction resulting in suspension or revocation, including forfeiture of bail not vacated or payment of a fine or penalty, for one (1) or more of the offenses of reckless driving, driving while intoxicated or drugged, drag racing, driving while unlicensed, driving on a revoked or suspended license, driving an unregistered vehicle, driving a vehicle with revoked registration, failing to stop after a traffic accident, or vehicular homicide.
(c) The abstract must be made on a form furnished by the commissioner and shall include the following information:
1. (1) Driver's first name, middle name or middle initial, last name, and residence address;
2. (2) Driver's date of birth;
3. (3) Driver license number, class of license, and state of issuance;
4. (4) A statement as to whether or not the license is a commercial driver license;
5. (5) The license plate number, year, and state of issuance of the vehicle involved;
6. (6) A statement as to whether or not the offense was committed in a commercial motor vehicle;
7. (7) A statement as to whether or not the vehicle was transporting hazardous materials requiring placards;
8. (8) A statement as to whether or not the vehicle could transport sixteen (16) or more passengers;
9. (9) The date the offense occurred;
10. (10) The offense the driver was charged with;
11. (11) The date of the conviction;
12. (12) The violation of which the person was convicted;
13. (13) The plea, the judgment, or whether bail was forfeited;
14. (14) The number of the offense (e.g., 1st offense, 2nd offense);
15. (15) The blood alcohol level of the person, if convicted of a violation of § 39-13-106, § 39-13-213, § 55-10-401 or § 55-50-405;
16. (16) The amount of any fine or costs assessed for the violation;
17. (17) Whether a driver education or improvement course was completed and the date of completion of the course, if eligible under § 55-10-301;
18. (18) The name of the arresting agency;
19. (19) The name of the county and court in which the conviction occurred; and
20. (20) Whether or not there was in effect at the time of the violation an automobile liability policy or bond with respect to the operation of the motor vehicle involved.
(d) Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
(e) The department shall keep all abstracts received under this section at its main office and the same shall be open to public inspection during reasonable business hours.
(f)
1. (1) The administrative office of the courts, in conjunction with the department of safety, shall, on an annual basis, provide information and training to the clerks of court concerning the importance and necessity of preparing and forwarding to the department of safety the abstract forms for the convictions required by this section.
2. (2) The training and information required by this subsection (f) is not required to take the same form every year; provided, that the information is conveyed in a manner designed to be viewed, understood and retained by the clerks. The information may be conveyed one year by a training session at the annual court clerks conference and another year may be conveyed by mailing, e-mail or telephone.
3. (3) Any such training shall also include the effect and consequences of any changes in the abstract reporting requirements that may result from changes in state and federal law.
4. (4) The training and information distribution required by this subsection (f) shall apply to all clerks of court having original jurisdiction over traffic offenses, including municipal court clerks.

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§ 55-10-307. Adoption of statutes and regulations by municipalities — Exceptions.

(a) Any incorporated municipality may by ordinance adopt, by reference, any of the appropriate provisions of chapter 8 of this title, §§ 55-10-101 — 55-10-310, 55-12-139, 55-50-301, 55-50-302, 55-50-304, 55-50-305, 55-50-311, and 55-10-312, and may by ordinance provide additional regulations for the operation of vehicles within the municipality, which shall not be in conflict with the listed sections. All fines, penalties, and forfeitures of bonds imposed or collected under the terms of §§ 55-50-311 and 55-50-312, shall be paid over to the appropriate state agency as provided in § 55-50-604.
(b) The offenses enumerated in subdivisions (b)(1)-(5) are state offenses and any person arrested for violation of the offenses shall be tried for violation of state law in state courts or in courts having state jurisdiction in which the jurisdiction shall be exclusive. Any existing ordinance presently regulating any of the enumerated offenses and any such ordinance enacted after July 1, 1977, is declared void and of no effect. The enumerated offenses are:
1. (1) Driving while intoxicated or drugged, as prohibited by § 55-10-401;
2. (2) Failing to stop after a traffic accident, as prohibited by part 1 of this chapter;
3. (3) Driving while license suspended or revoked, as prohibited by § 55-50-504;
4. (4) Drag racing, as defined and prohibited by § 55-10-501; and
5. (5) Possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), while operating a motor vehicle in this state. A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.

§ 55-10-308. Enforcement within municipalities — Suspension of authorization.

(a) For purposes of this section:
1. (1) “Interstate highway” means a portion of any highway designated and known as part of the national system of interstate and defense highways; and
2. (2) “Marked law enforcement vehicle” means a law enforcement vehicle equipped with:
  1. (A) At least one (1) light bar assembly designed to display more than one (1) steady burning, flashing, or revolving beam of light with three hundred sixty degrees (360°) visibility;
  2. (B) A horn, siren, electronic device, or exhaust whistle from which audible signals may sound; and
  3. (C) Graphics, markings, or decals clearly identifying the agency or department on at least three (3) of the following four (4) sides:
    1. (i) Front;
    2. (ii) Rear;
    3. (iii) Left side; or
    4. (iv) Right side.
(b) Where chapter 8 of this title and §§ 55-10-101 — 55-10-310 apply to territory within the limits of a municipality, the primary responsibility for enforcing the sections shall be on the municipality which shall be further authorized to enforce the additional ordinances for the regulation of the operation of vehicles as it deems proper.
(c) Notwithstanding subsection (b), any municipality having a population of at least two thousand five hundred (2,500) and no more than ten thousand (10,000), according to the 2010 federal census or any subsequent federal census, with at least one (1) entrance ramp to and at least one (1) exit ramp from an interstate highway within the limits of such municipality, or any municipality having a population of less than two thousand five hundred (2,500), according to the 2010 federal census or any subsequent federal census, with at least two (2) entrance ramps to and at least two (2) exit ramps from an interstate highway within the limits of such municipality, may regulate enforcement of chapter 8 of this title and §§ 55-10-101 — 55-10-310, on the portions of any interstate highway lying within the territorial limits of the municipalities exercise if:
1. (1) The local legislative body of the municipality authorizes such enforcement of the rules of the road;
2. (2) Any ordinance or resolution authorizing the enforcement of rules of the road is submitted to the commissioner of safety; and
3. (3) The municipality enforces the rules of the road in full compliance with the rules promulgated by the commissioner of safety; provided, that this restriction shall not apply to drug interdiction officers employed by the municipality while the officers are actively serving with any judicial district drug force.
(d) Any municipal law enforcement agency enforcing rules of the road on interstate highways pursuant to subsection (c) shall use only marked law enforcement vehicles. Graphics, markings, or decals that are transparent, translucent, or create a holographic effect do not clearly identify the agency or department for purposes of this subsection (d).
(e)
1. (1) The commissioner may refuse to issue or may suspend for up to three (3) years the authorization of a municipality, having a population of ten thousand (10,000) or less, according to the 2010 federal census or any subsequent federal census, to enforce the rules of the road on the interstate highways, if the commissioner determines that the municipality is not complying with the requirements set forth in this section or the rules promulgated by the department.
2. (2) Suspension of authorization shall be made in writing and sent by certified mail, return receipt requested, to both the chief law enforcement officer and the mayor of the municipality no less than thirty (30) days prior to the effective date of the suspension of authority.
3. (3) The municipal law enforcement agency shall have twenty (20) days from receipt of the suspension notice to provide proof to the department that the municipal law enforcement agency is complying with the rules promulgated by the department. Timely submission of proof to the department shall stay a suspension until the department makes a determination regarding the suspension of authority of the municipality to enforce the rules of the road on the interstate highways.
4. (4) If the proof submitted pursuant to subdivision (e)(3) is acceptable to the department, the commissioner shall inform in writing the chief law enforcement officer and mayor that the suspension is being rescinded.
5. (5) If the proof submitted pursuant to subdivision (e)(3) is not acceptable to the department, the commissioner shall inform the chief law enforcement officer and the mayor and the suspension of authorization shall be reinstituted.
(f) No municipality having a population of ten thousand (10,000) or less, according to the 2010 federal census or any subsequent federal census, and with at least two (2) entrance ramps to and at least two (2) exit ramps from an interstate highway shall be authorized to enforce chapter 8 of this title and §§ 55-10-101 — 55-10-310 when the contiguous stretch of the interstate highway between such entrance and exit ramps does not lie solely within the territorial limits of the municipality.

§ 55-10-309. Reexamination.

Any judge having jurisdiction over offenses committed under any statute of this state or municipal ordinance of any city or town regulating the operation of motor vehicles on highways shall have the authority to require any person brought before the judge's court for an alleged violation to submit to a reexamination by the department of safety when the judge has good cause to believe that the person, by reason of physical or mental disability, would not be able to operate a motor vehicle with safety upon the highways, or, in the discretion of the judge, would create a hazard to the driving public. However, the operator's or chauffeur's license of the person shall not be withheld or suspended pending the reexamination.

§ 55-10-310. Uniformity of interpretation.

Chapter 8, parts 1-5 of this chapter and § 55-12-139 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact them.

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§ 55-10-311. Prima facie evidence of ownership of automobile and use in owner's business — No vicarious liability by dealers for loaner vehicles.

(a) In all actions for injury to persons and/or to property caused by the negligent operation or use of any automobile, auto truck, motorcycle, or other motor propelled vehicle within this state, proof of ownership of the vehicle shall be prima facie evidence that the vehicle at the time of the cause of action sued on was being operated and used with authority, consent and knowledge of the owner in the very transaction out of which the injury or cause of action arose, and the proof of ownership likewise shall be prima facie evidence that the vehicle was then and there being operated by the owner, or by the owner's servant, for the owner's use and benefit and within the course and scope of the servant's employment. The prima facie evidence rules of the preceding sentence shall also apply in cases of the negligent operation of a vehicle being test-driven by a prospective purchaser with the knowledge and consent of the seller or the seller's agent, whether or not the seller or the seller's agent is present in the vehicle at the time of the alleged negligent operation.
(b) Any automobile dealer who provides a loaner vehicle to a customer without charge while the customer's vehicle is being serviced or repaired by the dealer shall not be vicariously liable under any vicarious liability theory, to any person injured as the result of an accident caused in whole or in part by a customer driving a loaner vehicle provided by the dealer where the dealer was provided with proof of insurance by the customer prior to the customer being provided with the loaner vehicle.
(c) This section is in the nature of remedial legislation and it is the legislative intent that it be given a liberal construction.

§ 55-10-312. Registration prima facie evidence of ownership and that operation was for owner's benefit — Exception for dealers' loaner vehicles.

(a) Proof of the registration of the motor-propelled vehicle in the name of any person shall be prima facie evidence of ownership of the motor propelled vehicle by the person in whose name the vehicle is registered; and the proof of registration shall likewise be prima facie evidence that the vehicle was then and there being operated by the owner or by the owner's servant for the owner's use and benefit and within the course and scope of the servant's employment.
(b) Subsection (a) shall not apply to any automobile dealer who provides a customer a loaner vehicle without charge while the customer’s vehicle is being serviced or repaired by the dealer. The dealer shall not be vicariously liable under any vicarious liability theory, to any person injured as the result of an accident caused in whole or in part by a customer driving a loaner vehicle provided by the dealer where the dealer was provided with proof of insurance by the customer prior to the customer being provided with the loaner vehicle.

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§ 55-10-313. Employer's liability for violations by employee driving nonmotor vehicle — Liability of driver.

(a) The employer of any driver of a nonmotor vehicle who violates § 55-8-178, intentionally or through carelessness, is liable to an action for damages at the suit of anyone who, in person or property, sustains an injury thereby.
(b) The person so offending, as well as that person's employer, shall be liable to a civil action for all damages consequent on the violation.

§ 55-10-314. Liability for spill of hazardous waste from twin trailer truck.

If any person who is driving or in physical control of a twin trailer truck that contains hazardous waste, as defined in § 68-212-104, is adjudicated to have been at fault in a court of competent jurisdiction for an accident resulting in a spill of the hazardous waste, the employer of the person shall be jointly and severally responsible for:
1. (1) Damages incurred as a result of the spill; and
2. (2) Any clean-up cost that may result from the spill.

§ 55-10-315. Traffic violation conviction fee.

(a) Any municipality with a population of not less than one hundred sixty thousand (160,000) nor more than one hundred seventy thousand (170,000), according to the 1990 federal census or any subsequent federal census, by ordinance may levy a fee of up to seventy-five cents (75¢), to be collected on all convictions for traffic violations when the traffic citation was issued or the arrest was effected by a law enforcement officer of the municipality. “Traffic violation” for purposes of this section means a violation of any provision of chapter 8 or 9 of this title or parts 1-5 of this chapter, or a violation of a municipal ordinance regulating traffic, or both state law and local ordinance violations. Municipal ordinances regulating traffic include those that regulate parking.
(b) When the ordinance levying the fee applies to state traffic law violations, the municipal recorder, clerk, or other record keeping official shall forward a certified copy of the ordinance to the court handling traffic violations for the area in which the municipality is located. The court shall then collect the fee in accordance with the terms of the ordinance and remit revenues from the fee to the municipality monthly.
(c) Revenues from the fee shall be used by the municipality for traffic safety, traffic education and drug education programs.
(d) In addition to the fee authorized in subsection (a), those municipalities designated in subsection (a) may also by ordinance levy a fee of up to two dollars ($2.00) on each conviction for a traffic violation when the traffic citation is issued or the arrest is effected by a law enforcement officer of the municipality. Except for subsection (c), all pertinent provisions of this section applicable to the fee authorized in subsection (a) shall also apply to the fee authorized by this subsection (d). Revenues from the fee authorized in this subsection (d) shall be used to purchase or maintain, or both, an automated information system to support enforcement of traffic safety laws.

§ 55-10-316. Entry into shopping center or office park premises for inspection purposes.

Upon receiving written permission of the property owner or manager, a state, county or municipal law enforcement officer is authorized to go onto the premises of any shopping center, or office park, which is generally open to the public at-large in order to inspect any motor vehicle to determine if the vehicle is properly registered and licensed and, where applicable, if a county wheel tax or similar local fee on a motor vehicle is due and owing.

§ 55-10-317. Enforcement of traffic laws on certain privately owned streets.

Notwithstanding any other law to the contrary, an officer of any state, county, or municipal law enforcement agency that is charged with the responsibility of enforcing traffic laws may also enforce traffic laws, issue citations for violations thereof and impose fines in accordance with state law or county or municipal ordinance, as appropriate, on privately owned streets that are dedicated as rights-of-way for traffic and are located within a residential development having a combination of single family dwellings and multi-family dwellings. The enforcement of traffic laws within a private residential development shall be initiated only after the majority of residents in that development have submitted a written petition to the appropriate local governing body requesting the enforcement of traffic laws on the private street. If the local governing body approves the petition, the governing body shall establish the traffic laws in the development in the same manner as it does for public streets within its jurisdiction.

Part 4 Alcohol and Drug Related Offenses

§ 55-10-401. Driving under the influence prohibited — Alcohol concentration in blood or breath.

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while:
1. (1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess;
  1 Backlink
  - 55-10-411(a)
2. (2) The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more; or
  1 Backlink
  - 69-9-217(j)(2)
3. (3) With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102.

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§ 55-10-402. Penalty for violations of § 55-10-401 — Alternative facilities for incarceration — Public service work — Monitoring — Inpatient alcohol and drug treatment.

(a)
1. (1)
  1. (A) Any person violating § 55-10-401, shall, upon conviction for the first offense, be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days.
  2. (B) Any person violating § 55-10-401, upon conviction for the first offense with a blood alcohol concentration of twenty-hundredths of one percent (0.20%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours.
2. (2)
  1. (A) Any person violating § 55-10-401, shall, upon conviction for second offense, be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days.
  2. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(2)(A), as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first:
    1. (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and
    2. (ii) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
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    40-35-303(c)(2)(C)(v)
3. (3)
  1. (A) Any person violating § 55-10-401, shall, upon conviction for third offense, be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days.
  2. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(3)(A), as a condition of probation the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first:
    1. (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and
    2. (ii) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
4. (4) Any person violating § 55-10-401, upon conviction for a fourth offense, shall be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony.
5. (5)
  1. (A) Any person violating § 55-10-401, upon conviction for a fifth offense, shall be sentenced as a Class D felon and shall be sentenced to serve not less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony. This subdivision (a)(5) applies if the person:
    1. (i) Has at least four (4) previous convictions for violations of § 55-10-401, or any other applicable prior conviction as described in § 55-10-405(c);
    2. (ii) Commits a fifth violation of § 55-10-401; and
    3. (iii) Commits the fifth violation on or after July 1, 2019.
  2. (B) In addition to the required term of imprisonment for a fifth offense, all of the collateral consequences of a violation of § 55-10-401, including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a fifth offender.
6. (6)
  1. (A) A sixth or subsequent conviction for violating § 55-10-401, or any other applicable prior conviction as described in § 55-10-405(c), is a Class C felony and any person sentenced under this subdivision (a)(6) shall be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony. For this subdivision (a)(6) to be applicable, the person shall:
    1. (i) Have at least five (5) previous convictions for violations of § 55-10-401, or any other applicable prior conviction as described in § 55-10-405(c);
    2. (ii) Commit a sixth or subsequent violation of § 55-10-401; and
    3. (iii) Commit the sixth or subsequent violation on or after July 1, 2016.
  2. (B) In addition to the required term of imprisonment for a sixth or subsequent offense, all of the collateral consequences of a violation of § 55-10-401, including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a sixth or subsequent offender.
(b)
1. (1) If a person is convicted of a violation of § 55-10-401, and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, the person's sentence shall be enhanced by a mandatory minimum period of incarceration of thirty (30) days. The incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 55-10-401.
2. (2) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 55-10-401, the person commits a Class D felony and shall be punished as provided in § 39-13-106, for vehicular assault.
3. (3) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 55-10-401, the person commits a Class B felony and shall be punished as provided in § 39-13-213(b)(2), for vehicular homicide involving intoxication.
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- 37-1-403(c)(2)
(c) Subdivisions (b)(1)-(3) constitute an enhanced sentence, not a new offense.
(d)
1. (1) After service of at least the minimum sentence day for day, the judge has the discretion to require an individual convicted of a violation of § 55-10-401 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work in a recycling center or other appropriate location for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided in this section; provided, that any person sentenced to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations or to work in a recycling center shall be allowed to do so at a time other than the person's regular hours of employment.
2. (2)
  1. (A) The court may order any person convicted of a violation of § 55-10-401 to be subject to monitoring using one (1) or more of the following:
    1. (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device;
    2. (ii) Electronic monitoring with random alcohol or drug testing;
    3. (iii) Global positioning monitoring system, as defined in § 40-11-152. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419, subject to the availability of funds; or
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      55-10-419(a)(1)(A)(i)(b)
      55-10-419(g)(2)(A)(ii)
    4. (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment.
  2. (B) If the court orders a person to be subject to monitoring as provided in subdivision (d)(2)(A), the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall:
    1. (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device;
    2. (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and
    3. (iii) Immediately notify the court of any of the person's violations of this subdivision (d)(2), which shall be considered a violation of the conditions of probation.
3. (3) Notwithstanding this part to the contrary, a person violating § 55-10-401, upon conviction for a third or subsequent offense, shall pay all costs associated with an ignition interlock device, transdermal monitoring device, global positioning monitoring system, or any other monitoring device and is not eligible for electronic monitoring indigency fund assistance under this part, regardless of whether the person is indigent.
(e) All persons sentenced under this part shall, in addition to service of at least the minimum sentence, be required to serve the difference between the time actually served and the maximum sentence on probation.
(f)
1. (1) An offender sentenced to a period of incarceration for a violation of § 55-10-401, shall be required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. The sheriff or chief administrative officer of a local jail or workhouse may use alternative facilities for the incarceration of an offender convicted of a violation of § 55-10-401.
2. (2)
  1. (A) As used in this subsection (f), “alternative facilities” include, but are not limited to, vacant schools or office buildings or any other building or structure that would be suitable for housing DUI offenders for short periods of time on an as-needed basis and licensed through the department of mental health and substance abuse services for the state.
  2. (B)
    1. (i) The court may approve a private appropriately licensed substance abuse treatment program as an “alternative facility.” If a person is ordered to participate in a court-approved private appropriately licensed substance abuse treatment program, that person shall be responsible for the cost and fees involved with the program, whether it be a prepayment or pay as you go program. The court does not have the authority to order the expenditure of public funds to provide for participation in such a program. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual.
    2. (ii) A local governmental entity is immune from liability for a cause of action or claim for damages arising out of a person's participation in a private appropriately licensed substance abuse treatment program approved by the court as an alternative facility under this subdivision (f)(2)(B).
3. (3) Nothing in this subsection (f) shall be construed to give an offender a right to serve a sentence for a violation of § 55-10-401, in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility shall have no effect upon the validity of the sentence.
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- 69-9-219(c)(4)(A)
(g) [Deleted by 2023 amendment.]
(h)
1. (1) The clinical substance abuse assessment required before a person is ordered to participate in a substance abuse treatment program as a condition of probation pursuant to subdivisions (a)(2) or (a)(3), shall be administered to the person by qualified alcohol and drug abuse treatment personnel, as that term is defined by rules promulgated by the department of mental health and substance abuse services. If the assessment determines the person is in need of substance abuse treatment, the court may, using the assessment to determine the appropriate level of care, order the person referred to an appropriate substance abuse treatment program licensed or certified by the department of mental health and substance abuse services, including a certified drug court or DUI court.
2. (2) A person ordered to attend a substance abuse treatment program pursuant to subdivisions (a)(2) or (a)(3) shall receive sentence reduction credits from the period of incarceration imposed by the court as follows:
  1. (A) Day-for-day credit for the period of time the person spends in a residential treatment program; and
  2. (B) One (1) day of credit for every nine (9) hours of successfully completed intensive outpatient treatment.
3. (3)
  1. (A) Upon the successful completion of the substance abuse treatment program, the program provider shall notify the court of the fact that treatment was successfully completed and the number of days the person spent in residential treatment, or the number of hours spent in intensive outpatient treatment, whichever is applicable. The court shall calculate the sentence reduction credits the person has earned based upon the service provider's report.
  2. (B) If the person ceases to attend the substance abuse treatment program, the service provider shall notify the court of the person's absence within three (3) business days of the date the provider knew or should have known of such absence. If the person fails to successfully complete the program for any other reason, the provider shall notify the court of such failure.
4. (4) A person who does not successfully complete the substance abuse treatment program to which the person is ordered is in violation of the person's probation, and the court shall order the person committed to the county jail or workhouse for service of the full period of the mandatory minimum confinement required by law and any portion of confinement in excess of the minimum imposed by the court that the court deems necessary. The person shall receive no sentence reduction credits for any time spent in the substance abuse treatment program prior to failure to complete the program.
5. (5) Upon successful completion of a substance abuse treatment program, the person shall be required to report to the county jail or workhouse to serve the remainder of any mandatory period of confinement required by law and imposed by the court. Failure to do so is a violation of the person's probation.
6. (6) If a person voluntarily attends residential treatment after arrest but before sentencing, the person may receive sentence reduction credits for completion of residential treatment if the person is ordered to treatment by the judge as a condition of probation. However, before commencing any court-ordered treatment program, the person must undergo a clinical substance abuse assessment as provided in subdivision (h)(1), serve the mandatory minimum sentence provided in subdivision (a)(2)(B) or (a)(3)(B), and follow the recommendations of the assessment.
7. (7) If the court orders intensive outpatient treatment, it may also order:
  1. (A) The use of transdermal monitoring devices or other alternative alcohol or drug monitoring devices. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a device for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a device that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419;
  2. (B) The use of electronic monitoring with random alcohol or drug testing;
  3. (C) The use of a global positioning monitoring system, as defined in § 40-11-152. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419, subject to the availability of funds; or
  4. (D) The use of any other monitoring device the court believes necessary to ensure the person complies with the results of the assessment and the conditions of probation.
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- 69-9-219(c)(1)(C)(ii)(a)
- 69-9-219(c)(1)(D)(ii)(a)
(i)
1. (1) Ordering a person to treatment as a condition of probation pursuant to subdivision (a)(2), (a)(3), and subsection (h) for a second or third violation of § 55-10-401 is solely within the discretion of the judge as an available sentencing option. Failure to grant such person such treatment is not appealable, except for abuse of discretion.
2. (2) Nothing in this section shall be construed as creating a right for a person convicted of a second or third violation of § 55-10-401 to receive:
  1. (A) A clinical substance abuse assessment;
  2. (B) Intensive outpatient treatment;
  3. (C) Residential treatment;
  4. (D) Enrollment in a state certified treatment program, including drug court or DUI court; or
  5. (E) Any sentence reduction credits for substance abuse treatment that would reduce the period of incarceration imposed by the court other than those earned and retained pursuant to subdivision (h)(2)(A) and (B).
3. (3)
  1. (A) Nothing in this section authorizing a judge to order any of the options specified in subdivision (i)(2) shall be construed to affect or limit any restrictions a judge may place or is required to place on a person convicted of a second or third violation of § 55-10-401 by other provisions of law, including the use of an ignition interlock device under § 55-10-409.
  2. (B) This section governs those instances in which a person is convicted of a second or third violation of § 55-10-401 and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to this section. In those instances in which the person is a second or third offender but the judge declines to order treatment pursuant to this section, or in which the person is convicted of a first or fourth or subsequent violation of § 55-10-401, § 55-10-410 applies.
(j)
1. (1) The court is not empowered to order the expenditure of public funds to provide treatment. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. When making a finding as to the indigency of an accused, the court shall take into consideration:
  1. (A) The nature of the program services rendered;
  2. (B) The usual and customary charges for rendering such program services in the community;
  3. (C) The income of the person regardless of source;
  4. (D) The poverty level guidelines compiled and published by the United States department of labor;
  5. (E) The ownership or equity of any real or personal property of the person; and
  6. (F) Any other circumstances presented to the court that are relevant to the issue of indigency.
  1 Backlink
  - 55-10-410(a)(5)
2. (2) If a person ordered to participate is not indigent and participates in a program that provides treatment without cost to an individual, that person shall be obligated to pay for treatment in the same manner as provided in § 33-2-1102. If a person ordered to participate, participates in a court approved private treatment program, that person shall be responsible for the cost and fees involved with the program.
1 Backlink
- 40-35-303(d)(11)(B)
(k) If a person commits a second or third violation of § 55-10-401 prior to July 1, 2014, but the conviction for such offense does not occur until after July 1, 2014, the person shall elect to the judge at the time of conviction whether to come within the provisions of chapter 902 of the Public Acts of 2014, or be sentenced in accordance with the law in effect at the time the offense was committed.

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§ 55-10-403. Fines for violations of § 55-10-401 — Restitution.

(a) A person convicted for a violation of § 55-10-401, shall be fined as follows:
1. (1) For a first offense, the person shall be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500);
2. (2) For a second offense, the person shall be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500);
3. (3) For a third offense, the person shall be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000);
4. (4) For a fourth or subsequent offense, the person shall be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000);
5. (5) For any offense while accompanied by a child under eighteen (18) years of age, the person shall be fined one thousand dollars ($1,000) in addition to the fine for the DUI offense.
(b) Unless the judge, using the applicable criteria set out in § 40-14-202(b), determines that a person convicted of violating § 55-10-401 is indigent, the minimum applicable fine shall be mandatory and shall not be subject to reduction or suspension. All fines are to be paid on the date sentence is imposed unless the court makes an affirmative finding that the defendant lacks a present ability to pay. The court shall then order a date certain before which payment shall be made. Should the defendant fail to comply with the order of the court, the clerk shall notify the court of the failure for further proceedings.
(c) The minimum and maximum fines for driving under the influence of an intoxicant shall continue to be collected and distributed as they were prior to July 1, 2013.
(d) The payment of restitution to any person suffering physical injury or personal losses as the result of such offense, if such person is economically capable of making such restitution, shall be imposed as a condition of probation under § 55-10-410.
1 Backlink
- 55-10-410(a)(4)

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§ 55-10-404. Driving prohibitions — Restricted licenses — Revocation and suspension — Commercial licenses and vehicles.

(a)
1. (1) The court shall prohibit any person convicted of a violation of § 55-10-401 from driving a vehicle in this state for a period of:
  1. (A) One (1) year, if the conviction is a first offense;
  2. (B) Two (2) years for a second offense;
  3. (C) Six (6) years for a third offense; and,
  4. (D) Eight (8) years for a fourth or subsequent offense.
2. (2) In the interest of public safety, a driver who has been prohibited from driving a vehicle in this state pursuant to this subsection (a) may apply for a restricted license subject to § 55-10-409.
(b) Nothing in this part shall be construed so as to in any way limit, change, alter, repeal, or amend § 55-50-303, § 55-50-501, or § 55-50-502, nor to limit the power or authority of the department of safety to revoke or suspend a driver license, permit, or privilege under chapter 50 of this title. Nothing in this section shall be construed to prohibit the issuance of a restricted license in accordance with § 55-10-409.
(c) A person holding a commercial driver license or operating a commercial motor vehicle at the time of the violation of § 55-10-401 for which they are convicted will also be subject to § 55-50-405.

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§ 55-10-405. Prior convictions — Driving record as evidence.

(a) Except as provided in subdivision (c)(1), for the sole purpose of enhancing the punishment for a violation a person who is convicted of a violation of § 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in this part if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 55-10-401 that resulted in a conviction for such offense. If, however, the date of a person's violation of § 55-10-401 is within ten (10) years of the date of the present violation, then the person shall be considered a multiple offender and is subject to the penalties imposed upon multiple offenders by this part. If a person is considered a multiple offender under this part, then every violation of § 55-10-401 that resulted in a conviction for such offense occurring within ten (10) years of the date of the immediately preceding violation shall be considered in determining the number of prior offenses. However, a violation occurring more than twenty (20) years from the date of the instant violation shall never be considered a prior offense for that purpose.
(b) If a person is convicted of a violation of § 55-10-401 in this state, for purposes of determining if the person is a multiple offender, the state may use a conviction for an offense committed in another state that would constitute the offense of driving under the influence of an intoxicant under § 55-10-401, boating under the influence under § 69-9-217(a), vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, if committed in this state. If an offense in a jurisdiction other than this state is not identified as one (1) of the offenses named in this subsection (b), it shall be considered a prior conviction if the elements of the offense are the same as the elements of the comparable offense in this state.
1 Backlink
- 55-50-502(c)(3)(B)(i)
(c)
1. (1) For purposes of determining if a person convicted of a violation of § 55-10-401 is a multiple offender, a prior conviction for vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218 shall be treated the same as a prior conviction for driving under the influence of an intoxicant under § 55-10-401; provided, the person was convicted of the prior offense at any time before committing the present violation of § 55-10-401, regardless of whether the prior offense occurred within ten (10) years of the date of the present violation.
2. (2) For purposes of determining if a person convicted of § 55-10-401 is a repeat or multiple offender, a prior conviction for boating under the influence under § 69-9-217(a) must be treated the same as a prior conviction for driving under the influence of an intoxicant under § 55-10-401 if the person was convicted of the prior offense within ten (10) years of the date of the present violation.
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(d) A certified computer printout of the official driver record maintained by the department of safety constitutes prima facie evidence of a prior conviction of driving under the influence of an intoxicant, vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide. Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits. If the defendant alleges error in the driving record in a written motion, the court may require that a certified copy of the judgment be provided for inspection by the court as to validity prior to the introduction of the department printout into evidence.

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§ 55-10-406. Breath and blood tests to determine alcohol or drug content of a motor vehicle operator's blood.

(a) A law enforcement officer who has probable cause to believe that the operator of a motor vehicle is driving while under the influence of any intoxicant, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof as prohibited by § 55-10-401, or committing the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, may request that the operator of the vehicle submit to test or tests for the purpose of determining the alcohol or drug content, or both, of that operator's blood.
(b)
1. (1) Breath tests may be administered under the following circumstances:
  1. (A) The operator's implied consent to submit to breath tests pursuant to subdivision (d)(1);
  2. (B) The operator's consent to submit to breath tests;
  3. (C) A search warrant;
  4. (D) Incident to a lawful arrest for any of the offenses set out in subsection (a); or
  5. (E) When breath tests are required to be administered pursuant to subdivision (c)(1).
2. (2) Blood tests may be administered under the following circumstances:
  1. (A) The operator's implied consent to submit to blood tests pursuant to subdivision (d)(1);
  2. (B) The operator's consent to submit to blood tests;
  3. (C) A search warrant;
  4. (D) Without the consent of the operator if exigent circumstances to the search warrant requirement exist; or
  5. (E) When blood tests are required to be administered pursuant to subdivision (c)(2) and with a search warrant or without a warrant, if exigent circumstances to the search warrant requirement exist.
(c)
1. (1)
  1. (A) A law enforcement officer shall administer or cause to be administered breath tests for the purpose of determining the alcohol content of the operator's blood if the officer has appropriate testing equipment available and has probable cause to believe that one (1) or more of the events in subdivision (c)(2)(A) have occurred;
  2. (B) A law enforcement officer shall administer or cause to be administered blood tests for the purpose of determining the alcohol or drug content of the operator's blood if one (1) or more of the requirements for blood tests set out in subdivision (b)(2) are present and the officer has probable cause to believe that one (1) or more of the events in subdivision (c)(2)(A) have occurred; and
  3. (C) A law enforcement officer administering breath or blood tests shall decide whether to administer or cause to be administered breath tests, blood tests, or both tests, for determining the alcohol or drug content of the operator's blood.
2. (2)
  1. (A) A law enforcement officer shall administer or cause to be administered breath tests, blood tests, or both tests, pursuant to subdivision (c)(1) if the operator:
    1. (i) Has been involved in a collision resulting in the injury or death of another and the operator of the vehicle has committed a violation of § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401;
    2. (ii) Has committed a violation of § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401; and a passenger in the motor vehicle is a child under eighteen (18) years of age; or
    3. (iii) Has committed a violation of § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401; and has a prior conviction of a violation of § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401; or an offense committed in another state or territory that, if committed in this state, would constitute the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), aggravated vehicular homicide under § 39-13-218, or driving under the influence of an intoxicant under § 55-10-401.
  2. (B) The blood tests required to be administered under subdivision (c)(1)(B) shall be performed in accordance with the procedure set forth in this section and § 55-10-408, and shall be performed, pursuant to a search warrant as described in subdivision (b)(2)(C) or if exigent circumstances to the search warrant requirement exist as described in subdivision (b)(2)(D), regardless of whether the operator consents to the tests.
  3. (C) The results of breath or blood tests required by subdivision (c)(2)(A) may be offered as evidence by either the state or the operator of the vehicle in any court, administrative hearing, or official proceeding relating to the collision or offense, subject to the Tennessee Rules of Evidence.
(d)
1. (1) The operator of a motor vehicle in this state is deemed to have given implied consent to breath tests, blood tests, or both tests, for the purpose of determining the alcohol or drug content of that operator's blood. However, no such tests may be administered pursuant to this section unless conducted at the direction of a law enforcement officer having probable cause to believe the operator was in violation of one (1) or more of the offenses set out in subsection (a) and the operator signs a standardized waiver developed by the department of safety and made available to law enforcement agencies.
2. (2) Any law enforcement officer who requests that the operator of a motor vehicle submit to breath tests, blood tests, or both tests, authorized pursuant to subsection (a), shall, prior to conducting the test, advise the operator that refusal to submit to the tests:
  1. (A) Will result in the suspension by the court of the operator's driver license; and
  2. (B) May result, depending on the operator's prior criminal history, in the operator being required to operate only a motor vehicle equipped with a functioning ignition interlock device, if the operator is convicted of a violation of § 55-10-401, as described in § 55-10-405.
3. (3) If the operator is not advised of the consequences of the refusal to submit to breath tests, blood tests, or both tests, the court having jurisdiction over the offense for which the operator was placed under arrest shall not have the authority to suspend the license of an operator or require the operator to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-417 for a violation of this subsection (d).
4. (4) Except as may be required by a search warrant or other court order, if the operator is placed under arrest, requested by a law enforcement officer to submit to breath tests, blood tests, or both tests, advised of the consequences for refusing to do so, and refuses to submit, the operator shall be charged with violating subdivision (d)(1). The determination as to whether an operator violated subdivision (d)(1) shall be made:
  1. (A) At the same time and by the same court as the court disposing of the offense for which the operator was placed under arrest, upon an oral or written motion of the state; or
  2. (B) At the operator's first appearance or preliminary hearing in the general sessions court, but no later than the case being bound over to the grand jury, if the state does not make a motion pursuant to subdivision (d)(4)(A).
  1 Backlink
  - 55-10-407(d)
(e)
1. (1)
  1. (A) If blood tests of the operator of a motor vehicle are authorized pursuant to this section, a qualified practitioner who, acting at the written request of a law enforcement officer, withdraws blood from an operator for the purpose of conducting tests to determine the alcohol or drug content in an operator's blood, will not incur any civil or criminal liability as a result of the withdrawing of the blood, except for any damages that may result from the negligence of the person so withdrawing.
  2. (B) Neither the hospital nor other employer of a qualified practitioner listed in subdivision (e)(2) will incur any civil or criminal liability as a result of the act of withdrawing blood from any operator, except in the case of negligence.
2. (2) For purposes of this section, a “qualified practitioner” is a:
  1. (A) Physician;
  2. (B) Registered nurse;
  3. (C) Licensed practical nurse;
  4. (D) Clinical laboratory technician;
  5. (E) Licensed paramedic;
  6. (F) Licensed emergency medical technician approved to establish intravenous catheters;
  7. (G) Technologist;
  8. (H) A trained phlebotomist who is operating under a hospital protocol, has completed phlebotomy training through an educational entity providing such training, or has been properly trained by a current or former employer to draw blood; or
  9. (I) Physician assistant.
  1 Backlink
  - 55-10-408(a)
(f) Any operator who is unconscious as a result of a collision, is unconscious at the time of arrest or apprehension, or is otherwise in a condition rendering the operator incapable of refusal, shall not be subjected to blood tests unless law enforcement has obtained a search warrant or exigent circumstance exceptions to a search warrant apply.
(g) Provided probable cause exists for criminal prosecution for any of the offenses specified in subsection (a), nothing in this section affects the admissibility into evidence in a criminal prosecution of any analysis of the alcohol or drug content of the defendant's blood that was not compelled by law enforcement but was obtained while the defendant was hospitalized or otherwise receiving medical care in the ordinary course of medical treatment.
(h) Nothing in this section affects the admissibility in evidence, in criminal prosecutions for vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213(a)(2), aggravated vehicular assault under § 39-13-115, or aggravated vehicular homicide under § 39-13-218, of any analysis of the alcohol or drug content of the defendant's blood that has been obtained in accordance with this section and tested according to § 55-10-408.
(i) Nothing in this section affects the admissibility in evidence, in criminal prosecutions for any of the offenses set out in subsection (a), of any analysis of the alcohol or drug content of the defendant's blood that has been obtained by consent and tested according to § 55-10-408.
(j) The results of blood tests or breath tests authorized and conducted in accordance with this section and § 55-10-408:
1. (1) Shall be reported in writing by the person making the analysis, shall have noted on the report the time at which the sample analyzed was obtained from the operator, and shall be made available to the operator, upon request; and
2. (2) Shall be admissible in evidence at the trial of any person charged with an offense specified in subsection (a).
(k) The fact that a law enforcement officer failed to request that the operator charged with an offense specified in subsection (a) submit to blood or breath tests is admissible as evidence at the trial of the charged offense.
(l) As used in this section, “operator” means any person driving or in physical control of any automobile or other motor-driven vehicle as described and prohibited by § 55-10-401.

§ 55-10-407. Penalty for violations of § 55-10-406.

(a) If the court finds that the driver violated § 55-10-406, the driver is not considered as having committed a criminal offense; provided, however, that the court shall revoke the license of the driver for a period of:
1. (1) One (1) year, if the person does not have a prior conviction as defined in subsection (e);
2. (2) Two (2) years, if the person does have a prior conviction as defined in subsection (e);
3. (3) Two (2) years, if the court finds that the driver involved in a collision, in which one (1) or more persons suffered serious bodily injury, violated § 55-10-406 by refusing to submit to such a test or tests; and
4. (4) Five (5) years, if the court finds that the driver involved in a collision in which one (1) or more persons are killed, violated § 55-10-406 by refusing to submit to such a test or tests.
(b) If a person's driver license is suspended for a violation of § 55-10-406 prior to the time the offense for which the driver was arrested is disposed of, the court disposing of such offense may order the department of safety to reinstate the license if:
1. (1) The person's driver license is currently suspended for an implied consent violation and the offense for which the driver was arrested resulted from the same incident; and
2. (2) The offense for which the person was arrested is dismissed by the court upon a finding that the law enforcement officer lacked sufficient cause to make the initial stop of the driver's vehicle.
(c) The period of license suspension for a violation of § 55-10-406 runs consecutive to the period of license suspension imposed following a conviction for § 55-10-401 if:
1. (1) The general sessions court or trial court judge determines that the driver violated § 55-10-406; and
2. (2) The judge determining the violation of § 55-10-406 finds that the driver has a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the violation of § 55-10-406 for:
  1. (A) Implied consent under § 55-10-406;
  2. (B) Underage driving while impaired under § 55-10-415;
  3. (C) The open container law under § 55-10-416; or
  4. (D) Reckless driving under § 55-10-205, if the charged offense was § 55-10-401.
(d) Any person who violates § 55-10-406 by refusing to submit to either test or both tests, pursuant to § 55-10-406(d)(4), shall be charged by a separate warrant or citation that does not include any charge of violating § 55-10-401 that may arise from the same occurrence.
(e)
1. (1) For the purpose of determining the license suspension period under subsection (a), a person who is convicted of a violation of § 55-10-401 is not to be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a) if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 55-10-401 that resulted in a conviction for such offense. If, however, the date of a person's violation of § 55-10-401 is within ten (10) years of the date of the present violation, then the person shall be considered a multiple offender and is subject to the penalties imposed upon multiple offenders by this part. If a person is considered a multiple offender under this part, then every violation of § 55-10-401 that resulted in a conviction for such offense occurring within ten (10) years of the date of the immediately preceding violation is considered in determining the number of prior offenses. However, a violation occurring more than twenty (20) years from the date of the instant violation is never considered a prior offense for that purpose.
2. (2) For the purpose of determining the license suspension period under subsection (a), the state shall use a conviction for the offense of driving under the influence of an intoxicant, vehicular homicide involving an intoxicant, vehicular assault involving an intoxicant, aggravated vehicular homicide involving an intoxicant, or aggravated vehicular assault involving an intoxicant that occurred in another state or territory, as defined in § 55-10-405.
3. (3) For the purpose of determining the license suspension period under subsection (a), a prior conviction for the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218 is treated the same as a prior conviction for a violation of driving under the influence of an intoxicant under § 55-10-401.

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§ 55-10-408. Tests for alcohol or drug content of blood — Procurement and processing of samples — Results — Additional testing.

(a) The procurement of a sample of a person's blood for the purpose of conducting a test to determine the alcohol content, drug content, or both, of the blood shall be considered valid if the sample was collected by a person qualified to do so, as listed in § 55-10-406(e)(2), or a person acting at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health.
(b)
1. (1) Upon receipt of a specimen forwarded to the director's office or an accredited crime laboratory for analysis, and the “toxicology request for examination” form, which shall indicate whether or not a breath alcohol test has been administered and the results of that test, the director of the Tennessee bureau of investigation or the director of an accredited crime laboratory shall have the specimen examined for alcohol concentration, the presence of narcotics or other drugs, or for both alcohol and drugs, if requested by the arresting officer, county medical examiner, or any district attorney general. The office of the director of the Tennessee bureau of investigation or the director of an accredited crime laboratory shall execute a certificate or report that indicates the name of the accused, the date, the time, and by whom the specimen was received and examined, and a statement of the alcohol concentration or presence of drugs in the specimen.
2. (2) As used in this section, “accredited crime laboratory” shall be limited to those crime laboratories that:
  1. (A) Are owned and operated by this state or a political subdivision of this state;
  2. (B) Are accredited under ISO/IEC/17025, with associated supplemental requirements; and
  3. (C) Provide testing within the scope of the accreditation sufficient to meet the requirements as forensic service providers.
(c) When a specimen taken in accordance with this section is forwarded for testing to the office of the director of the Tennessee bureau of investigation, a report of the results of this test shall be made and filed in that office, and a copy mailed to the district attorney general for the district where the case arose.
(d) The certificate provided for in this section shall, when duly attested by the director of the Tennessee bureau of investigation or the director's duly appointed representative, be admissible in any court, in any criminal proceeding, as evidence of the facts therein stated, and of the results of the test, if the person taking or causing to be taken the specimen and the person performing the test of the specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause.
(e) The person tested shall be entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of that person's own choosing and at that person's own expense; provided, that the medical laboratory is licensed pursuant to title 68, chapter 29.

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§ 55-10-409. Restricted driver license — Ignition interlock device — Geographic restrictions.

(a) Notwithstanding any of this part to the contrary, a person whose license has been suspended by the court pursuant to § 55-10-404 is not eligible for, and the court shall not have the authority to grant or order, the issuance of a restricted driver license if, based on the record of the department, the person:
1. (1) Has a prior conviction for the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218 in this state or a similar offense in another state; or
2. (2) Seriously injured or killed another person in the course of the conduct that resulted in the driver's conviction under § 55-10-401 or a similar offense in another state. A driver who has committed such an offense shall not be eligible for and the court shall not have the authority to grant the issuance of a restricted motor vehicle operator's license until such time as the period of suspension mandated by § 55-10-404 has expired, notwithstanding the fact that it may be the driver's first conviction.
(b)
1. (1)
  1. (A)
    1. (i) Except as provided in subsection (a), if a person's motor vehicle operator's license has been revoked pursuant to § 55-10-404 or § 55-10-406, the person may apply to the trial judge or a judge of any court in the person's county of residence having jurisdiction to try charges for driving under the influence for a restricted driver license.
      1 Backlink
      
      55-10-417(a)(2)
    2. (ii) If the person's present conviction for driving under the influence of an intoxicant is an offense for which subdivision (b)(2)(B) requires the court to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device, the court may order the issuance of a restricted motor vehicle operator's license subject to such limitations. The court shall have discretion to order additional limitations, including but not limited to geographic restrictions as provided in subsection (c), on the restricted motor vehicle license.
    3. (iii) If the person's violation of § 55-10-406 or present conviction for driving under the influence of an intoxicant is not an offense for which subdivision (b)(2)(B) requires the court to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device, the court may order the issuance of a restricted motor vehicle operator's license. The court shall have discretion to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device or place additional limitations on the person's restricted license; provided, however, that a restricted license issued pursuant to this subdivision (b)(1)(A)(iii) without an ignition interlock requirement shall be subject to geographic restrictions as provided in subsection (c).
  2. (B)
    1. (i) A Tennessee resident, whose operator's license has been revoked because of a conviction in another jurisdiction for operating a motor vehicle while under the influence of an intoxicant, may apply for a restricted license to a judge of any court in the person's county of residence having jurisdiction to try charges for driving under the influence. The court may order the issuance of a restricted motor vehicle operator's license. The court shall have discretion to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device or place additional limitations on the person's restricted license; provided, however, that a restricted license issued pursuant to this subdivision (b)(1)(B)(i) without an ignition interlock requirement shall be subject to geographic restrictions as provided in subsection (c). If the person has a prior conviction within the past ten (10) years for a violation of § 55-10-401 or § 55-10-421, in this state or a similar offense in any other jurisdiction, the court shall be required to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device.
    2. (ii) If a copy of the judgment of conviction certified by the court that tried the case in the other jurisdiction accompanies the restricted license application, the court may issue such order allowing the person so convicted to operate a motor vehicle including such restrictions ordered by the court that tried the case in the other jurisdiction provided such restrictions do not conflict with Tennessee statutes or regulations.
  3. (C) A person ordered to operate only a motor vehicle that is equipped with a functioning ignition interlock device pursuant to this subsection (b) may apply for assistance to meet the requirement pursuant to § 55-10-419, except as provided in subdivision (b)(2)(C).
2. (2)
  1. (A) Upon application by a person who is not prohibited from having a restricted license under subsection (a), the judge of the court may order the issuance of a restricted license in accordance with § 55-50-502(c) allowing the person to operate a motor vehicle for the limited purposes set forth in subdivision (c)(1).
  2. (B) If the judge approves the restricted license application of a person who is not prohibited from having a restricted license under subsection (a), the judge shall also order the person to install and keep a functioning ignition interlock device as a condition of probation if, at the time of the offense:
    1. (i) The person was convicted of a violation of § 55-10-401 and had a blood or breath alcohol concentration of eight hundredths of one percent (0.08%) or higher or a combination of alcohol in any amount and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
    2. (ii) The person was convicted of § 55-10-401 and was accompanied by a person under eighteen (18) years of age;
    3. (iii) The person was involved in a traffic accident for which notice to a law enforcement officer is required under § 55-10-107, and the accident is the proximate result of the person's intoxication; or
    4. (iv) The person violated the implied consent law under § 55-10-406, and has a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for:
      1. (a) Implied consent under § 55-10-406;
      2. (b) Underage driving while impaired under § 55-10-415;
      3. (c) The open container law under § 55-10-416;
      4. (d) Reckless driving under § 55-10-205, if the charged offense was § 55-10-401;
      5. (e) Reckless endangerment under § 39-13-103, if the charged offense was driving under the influence under § 55-10-401; or
      6. (f) Driving under the influence under § 55-10-401.
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      55-10-425(b)(3)(D)
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    55-10-417(a)(2)
    55-10-418(e)(1)
    55-10-425(b)(3)
    55-10-425(b)(4)(A)
    55-10-425(b)(4)(B)
  3. (C) A person convicted of § 55-10-401, who is eligible for a restricted license under subsection (a) and who is not required to have an interlock device pursuant to subdivision (b)(2) or other section, may request the court order the installation and use of an ignition interlock in lieu of geographic restrictions or additional limitations on the restricted license. The person shall pay all costs associated with the device and is not eligible for electronic monitoring indigency fund assistance under § 55-10-419.
  4. (D) A court may also order a person whose license has been suspended pursuant to § 55-10-407 to operate only a motor vehicle that is equipped with a functioning ignition interlock with or without geographic restrictions which shall remain on the vehicle during the entire period of the restricted license. A person ordered to operate only a motor vehicle that is equipped with a functioning ignition interlock device pursuant to this subdivision (b)(2)(D) may apply for assistance to meet the requirement pursuant to § 55-10-419.
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    55-10-418(e)(2)
    55-10-419(b)
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  - 55-10-419(c)
(c)
1. (1) If a court issues an order allowing a person to operate a motor vehicle with geographic restrictions, the court shall specify the necessary time and places of permissible operation of a motor vehicle, for the limited purposes of going to and from:
  1. (A) And working at the person's regular place of employment;
  2. (B) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer;
  3. (C) A court-ordered alcohol safety program;
  4. (D) A college or university in the case of a student enrolled full time in the college or university;
  5. (E) A scheduled interlock monitoring appointment;
  6. (F) A court ordered outpatient alcohol and drug treatment program;
  7. (G) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c); and
  8. (H) Medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness.
2. (2) A court order issued under subsection (b) may be presented within ten (10) days after the date of issuance to the department, accompanied by a fee of sixty-five dollars ($65.00) and proof to the satisfaction of the department that a functioning ignition interlock device has been installed and will be maintained on one (1) or more vehicles to be operated by the person for the duration of the restricted license, if such installation and maintenance is required by subdivision (b)(2)(B) or the court's order. If the person has first successfully completed a driver license examination, the department shall forthwith issue a restricted license specifying that such restricted license authorizes the person to operate only noncommercial vehicles equipped with a functioning ignition interlock device, if required, and embodying additional limitations imposed by the court upon the person.
3. (3) If the violation resulting in the person's conviction for driving under the influence or the person's violation of § 55-10-406 occurred prior to July 1, 2013, the law in effect when the violation occurred shall govern the person's eligibility for a restricted motor vehicle operator license unless the person petitions the court to consider the person's eligibility under the law in effect when the petition is filed.
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- 55-10-425(b)(4)(B)
(d)
1. (1) Unless otherwise prohibited by subsection (a), the trial judge or a judge of any court in the person's county of residence having jurisdiction to try charges for driving under the influence may order the issuance of a restricted motor vehicle operator's license in accordance with § 55-50-502 to any person whose motor vehicle operator's license has been revoked pursuant to § 55-10-404 and who has a prior conviction within the past ten (10) years for a violation of § 55-10-401 or § 55-10-421, in this state or a similar offense in any other jurisdiction.
2. (2)
  1. (A) If the court orders the issuance of a restricted motor vehicle operator's license pursuant to this subsection (d), the court shall also order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device. The restriction shall be for the entire period of the restricted license.
  2. (B) Sections 55-10-417, 55-10-418 and 55-10-419 shall apply when a person is ordered to operate only a motor vehicle that is equipped with a functioning ignition interlock device pursuant to this subsection (d).
  2 Backlinks
  - 55-10-418(e)(3)
  - 55-10-419(c)
(e) If a person is required by court order issued pursuant to this section, whether issued due to statutory requirement, in the court's discretion, or at the defendant's request, to operate only a motor vehicle that is equipped with a functioning ignition interlock device, and the offense for which the ignition interlock device is ordered occurs on or after July 1, 2016, the compliance-based provisions of § 55-10-425 shall govern the required periods of continuous operation, default interlock orders, authorized removal of the device, and other enforcement aspects of the court's order set out in § 55-10-425.

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§ 55-10-410. Probation conditions — Access to inmates by alcohol and drug treatment organizations.

(a) In addition to incarceration, fines and license ramifications the sentencing judge has the discretion to impose any conditions of probation which are reasonably related to the offense, but shall impose the following conditions:
1. (1)
  1. (A)
    1. (i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and
    2. (ii) A drug and alcohol assessment or treatment; or
    3. (iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or
  2. (B) In lieu of or in addition to subdivision (a)(1)(A), the judge may order the offender to attend a victims impact panel program if such a program is offered by the county where the offense occurs and, if the court finds the offender has the ability to pay, to pay a fee of not less than twenty-five ($25.00) nor more than fifty dollars ($50.00) as determined by the governing authority of the program and approved by the sentencing judge, to the program to offset the cost of participation by the offender; or
2. (2) Upon the second or subsequent conviction for violating § 55-10-401, involving being under the influence of a controlled substance or controlled substance analogue, § 39-17-418, involving the possession of a controlled substance, or § 39-17-454, involving the possession of a controlled substance analogue, participation in a program of rehabilitation at an alcohol or drug treatment facility, if available;
3. (3) Upon a third or subsequent conviction for violating § 55-10-401, involving the use of alcohol, the court shall order the person to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events upon release on probation. This requirement may be waived by the judge in the best interest of justice, if the person has already completed a ninety-day period of continuous sobriety as a condition of release on bail;
4. (4) Restitution as provided in § 55-10-403(d);
5. (5) Notwithstanding any other law to the contrary, if a person convicted of a violation of § 55-10-401 has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order such person to undergo a drug and alcohol assessment and receive treatment as appropriate. Unless the court makes a specific determination that the person is indigent, the expense of such assessment and treatment shall be the responsibility of the person receiving it. Notwithstanding § 55-10-402(j)(1) and (2), if the court finds that the person is indigent, the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund established in § 40-33-211(c)(2) pursuant to a plan and procedures developed by the department of mental health and substance abuse services;
6. (6) The alcohol and drug assessment and treatment provisions of this section shall only apply in instances where a person is convicted of a first or fourth or subsequent violation of § 55-10-401, or where a person is convicted of a second or third violation of § 55-10-401 but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to § 55-10-402.
(b) The sheriff of each county shall develop a written policy that permits alcohol and drug treatment organizations to have reasonable access to persons confined in the county jail or workhouse convicted of or charged with a violation of this part.

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§ 55-10-411. Presumption of impairment — Notice of penalties for additional offenses — Allegation of prior convictions — Mandatory service of minimum sentence — No defense that person is lawful user of substance — Strip searches — Jurisdiction of general sessions court — Part definitions. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) For the purpose of proving a violation of § 55-10-401(a)(1), evidence that there was, at the time alleged, eight-hundredths of one percent (0.08%) or more by weight of alcohol in the defendant's blood shall create a presumption that the defendant's ability to drive was sufficiently impaired thereby to constitute a violation of § 55-10-401(1).
2 Backlinks
- 39-13-106(a)
- 39-13-213(a)(2)
(b)
1. (1) Any person convicted of an initial or subsequent offense shall be advised, in writing, of the penalty for second and subsequent convictions, and, in addition, when pronouncing sentence the judge shall advise the defendant of the penalties for additional offenses. Written notice by the judge shall inform the defendant that a conviction for the offense of driving under the influence of an intoxicant committed in another state shall be used to enhance the punishment for a violation of § 55-10-401 committed in this state.
2. (2) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege the prior conviction or convictions for a violation of driving under the influence of an intoxicant under § 55-10-401, boating under the influence under § 69-9-217(a), vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, setting forth the time and place of each prior conviction or convictions. When the state uses a conviction for the offense of driving under the influence of an intoxicant, boating under the influence, aggravated vehicular homicide, vehicular homicide, aggravated vehicular assault, vehicular assault, or adult driving while impaired committed in another state for the purpose of enhancing the punishment for a violation of § 55-10-401, the indictment or charging instrument must allege the time, place, and state of the prior conviction.
  1 Backlink
  - 55-10-421(b)
(c) No person charged with violating § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 — 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other diversion program nor shall any person convicted under such sections be eligible for suspension of sentence or probation pursuant to former § 40-21-101 [repealed] or any other law authorizing suspension of sentence or probation until such time as the person has fully served day for day at least the minimum sentence provided by law.
(d) Nothing in chapter 591 of the Public Acts of 1989, the Sentencing Reform Act of 1989, shall be construed as altering, amending or decreasing the penalties established in this section for the offense of driving under the influence of an intoxicant.
(e) The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part.
(f) No person arrested for a violation of § 55-10-401 shall be subjected to a strip search or body cavity search, unless the officer has probable cause to believe the arrested person is concealing a weapon or contraband in a body cavity. Contraband includes, but is not limited to, illegal drugs.
(g) No judge of the general sessions court has jurisdiction to punish any person violating § 55-10-401 under the small offense law.
(h) The following definitions shall apply to this part:
1. (1) All definitions at § 55-8-101;
2. (2) “Functioning ignition interlock device” means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device and which devices, on all new installations after July 1, 2013, must employ technology capable of taking a photo identifying the person providing the breath sample, recording the date, the time and the test result along with the photo of the person providing the test and storing such information on the device for transfer to remote storage and reporting; provided, however, that the department of safety shall permit the continued installation by an ignition interlock provider of an ignition interlock device that is not capable taking photos or recording and storing the information required by this subdivision for up to six (6) months from May 13, 2013;
3. (3) “Ignition interlock provider” means an entity that has been approved and certified by the department of safety to provide the installation, monitoring and removal of functioning ignition interlock devices in this state; and
4. (4) “Test” means any chemical test designed to determine the alcoholic or drug content of the blood. The specimen to be used for the test shall include blood, urine or breath.

§ 55-10-412. Disposition of fines — Collection of increased fines — County fund — Disposition of fund.

(a) A portion of any fine imposed upon a person for a violation of § 55-10-401, up to the maximum fine actually imposed, shall be returned to the sheriff of a county jail or to the chief administrative officer of a city jail for the purpose of reimbursing the sheriff or officer for the cost of incarcerating the person for each night the person is actually in custody for a violation of § 55-10-401. This reimbursement shall be in the same amount as is provided by § 8-26-105, and shall not in any event be less than the actual cost of maintaining the person and shall be reimbursed in the manner provided by § 8-26-106.
(b) The proceeds from the increased portion of the fines for driving under the influence of an intoxicant provided for in chapter 948 of the Public Acts of 1994, the additional fines for reckless driving, under § 55-10-205(d)(2), and the additional fines for aggravated reckless driving, under § 55-10-209(b)(2) must be collected by the respective court clerks and then deposited in a dedicated county fund. This fund does not revert to the county general fund at the end of a fiscal year but remains for the purposes set out in this section. For the purposes of this section, the “increased portion of the fines for driving under the influence of an intoxicant” means the first one hundred dollars ($100) collected after the initial collection of two hundred fifty dollars ($250) on a first offense, the first one hundred dollars ($100) collected after the initial collection of five hundred dollars ($500) on a second offense, and the first one hundred dollars ($100) collected after the initial collection of one thousand dollars ($1,000) on a third or subsequent offense.
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(c) The respective counties shall be authorized to expend the funds collected pursuant to subsection (b) by appropriations to any of the following:
1. (1) Alcohol, drug, and mental health treatment facilities licensed by the department of mental health and substance abuse services;
2. (2) Metropolitan drug commissions or other similar programs sanctioned by the governor's Drug Free Tennessee program for the purposes of chapter 948 of the Public Acts of 1994;
3. (3) Organizations exempted from the payment of federal income taxes by § 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. § 501(c)(3)), whose primary mission is to educate the public on the dangers of illicit drug use, alcohol abuse, or the co-occurring disorder of both alcohol and drug abuse and mental illness or to render treatment for alcohol and drug addiction, or the co-occurring disorder of both alcohol and drug abuse and mental illness;
4. (4) Specialized court programs and specialized court dockets that supervise offenders who suffer from alcohol and drug abuse, or the co-occurring disorder of both alcohol and drug abuse and mental illness;
5. (5) Organizations that operate drug, alcohol, or co-occurring disorder treatment programs for the homeless or indigent;
6. (6) Agencies or organizations for purposes of drug testing of offenders who have been placed on misdemeanor probation; and
7. (7) The employment of a probation officer for the purposes of supervising drug and alcohol offenders.
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§ 55-10-413. Additional fees — Ignition interlock fee — Alcohol and drug addiction treatment fee — Blood alcohol concentration test (BAT) fee — Blood alcohol or drug concentration test (BADT) fee — TBI toxicology unit intoxicant testing fund.

(a) In addition to all other fines, fees, costs and punishments now prescribed by law, an ignition interlock fee of forty dollars ($40.00) shall be assessed for each violation of § 55-10-401, which occurred on or after July 1, 2010, and resulted in a conviction for such offense.
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(b) In addition to all other criminal penalties, costs, taxes and fees now prescribed by law, any person convicted of violating § 55-10-401 will be assessed a fee of five dollars ($5.00), to be paid into the state treasury and deposited to the credit of the fund established pursuant to § 9-4-206.
1 Backlink
- 9-4-206(a)
(c)
1. (1) In addition to all other fines, fees, costs and punishments now prescribed by law, an alcohol and drug addiction treatment fee of one hundred dollars ($100) shall be assessed for each conviction for a violation of § 55-10-401.
2. (2) All proceeds collected pursuant to subdivision (c)(1), shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the special “alcohol and drug addiction treatment fund” administered by the department.
(d)
1. (1) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), or in counties having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, a blood alcohol concentration test (BAT) fee in the amount of seventeen dollars and fifty cents ($17.50) will be assessed upon conviction of an offense of driving while intoxicated for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained and administered by a law enforcement agency in the counties or where breath, blood or urine has been analyzed by a publicly funded forensic laboratory.
2. (2) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a metropolitan form of government with a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, a BAT fee in an amount to be established by resolution of the legislative body of any county to which this subdivision (d)(2) applies, not to exceed fifty dollars ($50.00), will be assessed upon conviction of an offense of driving while intoxicated for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained and administered by a law enforcement agency in the counties or where breath, blood or urine has been analyzed by a publicly funded forensic laboratory.
3. (3) This fee shall be collected by the clerks of various courts of the counties and forwarded to the county trustee on a monthly basis and designated for exclusive use by the law enforcement testing unit of the counties if the BAT was conducted on an evidential breath testing unit. If the blood alcohol test was conducted by a publicly funded forensic laboratory, the fee shall be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis and designated for exclusive use by the publicly funded forensic laboratory.
4. (4) In counties having a metropolitan form of government with a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, this fee shall be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis. If the BAT was conducted on an evidential breath testing unit, seventeen dollars and fifty cents ($17.50) of the fee shall be designated for exclusive use by the law enforcement testing unit of the county. The county trustee shall deposit the remainder of the fee in the general fund of the county. If the blood alcohol test was conducted by a publicly funded forensic laboratory, seventeen dollars and fifty cents ($17.50) of the fee collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis shall be designated for exclusive use by the publicly funded forensic laboratory. The county trustee shall deposit the remainder of the fee in the general fund of the county.
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(e) Notwithstanding any other law to the contrary, in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census, upon conviction for a violation of § 55-10-401, § 55-10-415, § 55-10-421 or § 55-50-408, the court shall assess against the defendant a blood alcohol concentration test (BAT) fee to be established by the county legislative body of any county to which this subsection (e) applies in an amount not to exceed fifty dollars ($50.00) for obtaining a blood sample for the purpose of performing a test to determine the alcoholic or drug content of the defendant's blood pursuant to § 55-10-406 that is incurred by the governmental entity served by the law enforcement agency arresting the defendant. The fee authorized by this subsection (e) shall only be assessed if a blood sample is actually taken from a defendant convicted of any of these offenses and the test is actually performed on the sample.
(f)
1. (1) In addition to all other fines, fees, costs, and punishments now prescribed by law, including the fee imposed pursuant to subsection (d), a blood alcohol or drug concentration test (BADT) fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction for driving under the influence of an intoxicant under § 55-10-401, vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), simple possession or casual exchange of a controlled substance under § 39-17-418, reckless driving under § 55-10-205, or aggravated vehicular homicide under § 39-13-218, for each offender who has taken a breath alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency for the purpose of determining the breath alcohol content or has submitted to a chemical test to determine the alcohol or drug content of the blood or urine.
2. (2) The fee authorized in subdivision (f)(1) shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the state general fund, to be used only as appropriated by the general assembly.
3. (3) Any moneys in the TBI toxicology unit intoxicant testing fund as of June 30, 2018, shall revert to the general fund on such date, to be used only as appropriated by the general assembly.
(g)
1. (1) In addition to all other fines, fees, costs and punishments now prescribed by law, including the fee imposed pursuant to subsection (d), a blood alcohol or drug concentration test (BADT) fee in the amount of one hundred dollars ($100) shall be assessed upon conviction for a violation of § 39-13-106, § 39-13-213(a)(2), § 39-13-218 or § 55-10-401, if the blood or urine of the convicted person was analyzed by a publicly funded forensic laboratory or other forensic laboratory operated by and located in counties having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), according to the 2000 federal census or any subsequent federal census, for the purpose of determining the alcohol or drug content of the blood.
2. (2) The fee authorized in subdivision (g)(1) shall be collected by the clerks of the various courts of the counties and shall be forwarded to the county trustees of those counties on a monthly basis and designated for the exclusive use of the publicly funded forensic laboratory in those counties.

§ 55-10-414. Seizure and forfeiture of vehicles.

(a) The vehicle used in the commission of a person's second or subsequent conviction of § 55-10-401, or the second or subsequent conviction of any combination of § 55-10-401, and a statute in any other state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this section.
(b) In order for subsection (a) to be applicable to a vehicle, the conviction making the vehicle subject to seizure and forfeiture must occur in Tennessee and at least one (1) of the previous convictions must have occurred within five (5) years of the current conviction.
(c) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's second or subsequent DUI conviction is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while under the influence of alcohol or drugs. Driving a motor vehicle while under the influence of alcohol or drugs endangers the lives of innocent people who are exercising the same privilege of riding on the state's highways. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while under the influence of alcohol or drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who have demonstrated a pattern of driving a motor vehicle while under the influence of alcohol or drugs.
(d) Only POST-certified or state-commissioned law enforcement officers will be authorized to seize these vehicles under this section.

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§ 55-10-415. Underage driving while impaired — Penalties.

(a) A person under twenty-one (21) years of age shall not drive or be in physical control of an automobile or other motor-driven vehicle while:
1. (1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and self-control that the driver would otherwise possess; or
2. (2) The alcohol concentration in the person's blood or breath is two-hundredths of one percent (0.02%) or more.
(b) The fact that a person who drives while under the influence of narcotic drugs or barbital drugs is or has been lawfully entitled to use the drugs does not constitute a defense to a violation of this section.
(c) This section establishes the offense of underage driving while impaired for a person under twenty-one (21) years of age. The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.
(d) The offense of underage driving while impaired by a person eighteen (18) years of age or older but under twenty-one (21) years of age is a Class A misdemeanor punishable by:
1. (1) Driver license suspension of one (1) year;
2. (2) A fine of two hundred fifty dollars ($250); and
3. (3) Public service work, in the discretion of the court.
(e) The act of underage driving while impaired by a person under eighteen (18) years of age is a delinquent act punishable by:
1. (1) Driver license suspension of one (1) year;
2. (2) A fine of two hundred fifty dollars ($250); and
3. (3) Public service work, in the discretion of the court.

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§ 55-10-416. Open container law.

(a)
1. (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
2. (2) For purposes of this section:
  1. (A) “Open container” means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
  2. (B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and
  3. (C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
(b)
1. (1) A violation of this section is a Class C misdemeanor, punishable by fine only.
2. (2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.
(c) This section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of the vehicle by its driver, or be construed to limit the penalties authorized by law for violation of the ordinance or resolution.

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§ 55-10-417. Ignition interlock devices.

(a)
1. (1)
  1. (A) A court may order the installation and use of an ignition interlock device for any conviction of § 55-10-401, if the driver's license is no longer suspended or revoked or the driver does not have a prior conviction as defined in § 55-10-405. The restriction may apply for up to one (1) year after the person's license is reinstated.
  2. (B) The provisions of this subdivision (a)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401, shall only apply when the court is not otherwise required to order an ignition interlock device by this part.
  2 Backlinks
  - 55-10-418(e)(4)
  - 55-10-419(c)
2. (2) If a person is convicted of a first offense of § 55-10-401, and the person is not required to operate only a motor vehicle with an ignition interlock device pursuant to § 55-10-409(b)(2)(B), and the person is otherwise eligible for a restricted license pursuant to § 55-10-409(b)(1)(A)(i), such person may request and the court may order the installation and use of an ignition interlock device in lieu of geographic restrictions or additional limitations on the restricted license. A person so requesting shall pay all costs associated with the ignition interlock device and no funds from the electronic monitoring indigency fund shall be used to pay any cost associated with the device, regardless of whether or not the person is indigent.
3. (3) If a person is ordered to install and use the device due to the requirements of § 55-10-409 or subdivision (a)(1) or (a)(2) due to a violation of either § 55-10-401 or § 55-10-406, then the restriction must be a condition of probation or supervision for the entire period of the restriction.
(b) Upon ordering a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court must establish a specific calibration setting of two-hundredths of one percent (0.02%) blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started.
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- 55-10-425(d)(1)(A)
(c) Upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court must:
1. (1) State on the record the requirement for and the period of use of the device and so notify the department of safety;
2. (2) Notify the department of corrections, the department of safety or any other agency, department, program, group, private entity or association that is responsible for the supervision of the person ordered to drive only a motor vehicle with a functioning ignition interlock device;
3. (3) Direct that the records of the department reflect that the person may not operate a motor vehicle that is not equipped with a functioning ignition interlock device; and
4. (4) Direct the department to attach or imprint a notation on the motor vehicle operator's license of any person restricted under this section, stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
(d) Upon the court ordering a person to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1), the court, the department of correction or any other agency, department, program, group, private entity or association that is responsible for the supervision of such person shall:
1. (1) Require proof of the installation of the functioning ignition interlock device on at least one (1) motor vehicle operated by such person;
2. (2) Require periodic reporting by the person for verification of the proper operation of the functioning ignition interlock device;
3. (3) Require the person to have the system monitored for proper use and accuracy by an entity approved by the department of safety at least every thirty (30) days, or more frequently as the circumstances may require; and
4. (4) Notify the court of any of the person's violations of this part.
(e)
1. (1) If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device, and such person owns or operates more than one (1) motor vehicle, the court shall also order the person to elect a motor vehicle such person will operate exclusively during the interlock period and order the device to be installed on such motor vehicle prior to applying for a motor vehicle operator's license of any kind and shall show proof of such installation and operation of such device at the time of making application for a motor vehicle operator's license to the department of safety or to the court. A person may elect to have a functioning interlock device installed on more than one (1) motor vehicle.
2. (2) If the motor vehicle that the person has elected to exclusively operate during the interlock period is no longer being used by such person, the person shall have any replacement motor vehicle exclusively used by such person installed with a functioning ignition interlock device and notify the department of safety and any agency, department, program, group, private entity or association that is responsible for the supervision of such person.
(f) A person prohibited under this part from operating a motor vehicle that is not equipped with a functioning ignition interlock device shall not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(g) A person shall not attempt to start or start a motor vehicle equipped with a functioning ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with a functioning ignition interlock device.
(h) No person shall:
1. (1) Tamper with, or in any way attempt to circumvent, the operation of a functioning ignition interlock device that has been installed in a motor vehicle;
2. (2) Operate a motor vehicle that is not equipped with a functioning ignition interlock device when the person has been ordered by the court or required by statute to only operate a vehicle equipped with such an interlock device; or
3. (3) Operate a motor vehicle outside the geographic limitations or during restricted times when geographic or time restrictions are ordered by the court.
(i) A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with a functioning ignition interlock device.
(j)
1. (1) Except as provided in subdivision (j)(5), a person who violates subsection (f), (g), (h), or (i) commits a Class A misdemeanor.
2. (2) If the violation is the person's first violation, the person shall be sentenced to a minimum of forty-eight (48) hours of incarceration.
3. (3) If the violation is the person's second violation, the person shall be sentenced to a minimum of seventy-two (72) hours of incarceration.
4. (4) If the violation is the person's third or subsequent violation, the person shall be sentenced to a minimum of seven (7) consecutive days of incarceration.
5. (5) The penalty provisions of this subsection (j) shall not apply if the starting of a motor vehicle equipped with a functioning ignition interlock device, or the request to start a motor vehicle equipped with a functioning ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle.
6. (6) A person who is convicted for a violation of subdivision (h)(2) shall be required to complete an additional consecutive three-hundred-sixty-five-day ignition interlock usage period as provided in § 55-10-425, regardless of whether the person has already completed an ignition interlock usage period for the underlying violation of § 55-10-401.
(k) A person who was required under this subsection (k), as it existed on June 30, 2022, to install and use an ignition interlock device on a motor vehicle for six (6) months following reinstatement of the person's driver license after two (2) or more convictions for § 55-10-401 within five (5) years, may petition the department for reinstatement of the person's driver license. If the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department must reinstate the driver license.
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- 55-10-418(e)(5)
- 55-10-419(c)
(l) If a person is required by a court order issued pursuant to this section, by statutory requirement, in the court's discretion, or at the defendant's request, to operate only a motor vehicle that is equipped with a functioning ignition interlock device, and the offense for which the ignition interlock device is ordered occurs on or after July 1, 2016, then the compliance-based provisions of § 55-10-425 must govern the required periods of continuous operation, default interlock orders, authorized removal of the device, and other enforcement aspects of the ignition interlock requirements set out in § 55-10-425.
(m) ln addition to all other fines, fees, costs, and punishments now prescribed by law, upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court shall assess a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an ignition interlock or other electronic monitoring device. All proceeds collected pursuant to this subsection (m) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419.

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§ 55-10-418. Maximum allowable fee — Reports.

(a) From January 1, 2011, until June 30, 2012:
1. (1) An ignition interlock provider shall not charge more than seventy dollars ($70.00) for installing one (1) ignition interlock device; and
2. (2) An ignition interlock provider shall not charge more than a total of one hundred dollars ($100) per month for leasing, purchasing, monitoring, removing and maintaining an ignition interlock device.
(b) By July 1, 2012, the department of safety shall establish, through rules and regulations promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5:
1. (1) The maximum fees that may be charged for installing, leasing, purchasing, monitoring, removing and maintaining an ignition interlock device; and
2. (2) Requirements that ensure that certified ignition interlock providers have the ability to provide devices to any resident in the state.
(c)
1. (1) From January 1, 2011, until January 1, 2012, the department of safety in consultation with the treasurer shall conduct a study to determine:
  1. (A) The amount of fee that should be established pursuant to § 55-10-413(a) in order to keep the electronic monitoring indigency fund solvent;
  2. (B) The maximum fees to be charged pursuant to subsection (b), taking into consideration the goal of making the interlock device affordable to all offenders in this state; and
  3. (C) The necessary requirements that should be established in order to ensure that providers have the ability to provide devices to any resident in the state.
2. (2) The department of safety shall report the findings of its study conducted pursuant to subdivision (c)(1) to the judiciary committees of the senate and the house of representatives on or before January 1, 2012.
(d) Any licensed ignition interlock provider providing a functioning ignition interlock device to a person pursuant to this part shall report to the department of correction, or any other agency, department, program, group, private entity or association that is responsible for the supervision of a person who is ordered to drive only a motor vehicle with a functioning ignition interlock device installed on such vehicle as a condition of such person's probation, any evidence of such person's:
1. (1) Altering, tampering with, bypassing, or removing a functioning ignition interlock device;
2. (2) Failing to abide by the terms or conditions ordered by the court, including, but not limited to, failing to appear for scheduled monitoring visits; and
3. (3) Attempting to start the motor vehicle while under the influence of alcohol.
(e) The department of safety, beginning February 1, 2012, and thereafter annually, on or before February 1, shall report in writing to the judiciary committee of the senate and the criminal justice committee of the house of representatives the number of offenders who have, in the previous year, had installed on their motor vehicles functioning ignition interlock devices and whether the installation of each device was pursuant to the requirement set out in:
1. (1) § 55-10-409(b)(2)(B);
2. (2) § 55-10-409(b)(2)(D);
3. (3) § 55-10-409(d)(2);
4. (4) § 55-10-417(a)(1); or
5. (5) § 55-10-417(k).
(f) For purposes of this section, “previous year” means from January 1 to December 31 of the year immediately preceding the February 1 reporting date.
(g) An ignition interlock provider shall charge an annual administrative fee of twelve dollars and fifty cents ($12.50) from each ignition interlock user. The proceeds of the fee shall be transmitted to the department of safety and shall be used to fund the administrative costs of implementing compliance-based ignition interlock use, pursuant to § 55-10-425.

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§ 55-10-419. Electronic monitoring indigency fund — Account for ignition interlock devices — Account for other monitoring devices — Responsibility for costs to comply with ignition interlock requirements — Indigency. [Effective until October 1, 2023. See the version effective on October 1, 2023.]

(a)
1. (1)
  1. (A)
    1. (i) There is created in the state treasury a fund known as the electronic monitoring indigency fund. The fund shall be composed of two (2) accounts, each of which shall be used for one (1) of the following purposes:
      1. (a) The eligible costs associated with the lease, purchase, installation, removal, and maintenance of ignition interlock devices or with any other cost or fee associated with a functioning ignition interlock device required by this part for persons determined by the court to be indigent; and
      2. (b) The eligible costs associated with the use of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device, if required by the court pursuant to § 40-11-152, § 55-10-402(d)(2)(A)(iii) or (h)(7), or any other statute specifically authorizing payment under this section, for persons determined by the court to be indigent.
    2. (ii) The money in the two (2) accounts created by subdivision (a)(1)(A)(i) may be commingled for investment purposes, but will be accounted for separately with separate accounting for each account's principal and income. The account for ignition interlock devices shall contain state-appropriated monies as well as a portion of the fees assessed in accordance with this section and as provided in other applicable law. The account for other monitoring devices, as provided in subdivision (a)(1)(A)(i)(b), shall contain excess funds from the ignition interlock account as well as money from each local government that chooses to utilize this fund, and may contain state-appropriated monies. The treasurer is authorized to transfer money from one (1) account to the other to pay for eligible devices.
  2. (B) Notwithstanding subdivision (a)(1)(A), no more than two hundred dollars ($200) per month shall be expended from the fund to pay the costs associated with an indigent person's interlock ignition device, pursuant to subdivision (a)(1)(A)(i)(a), or other monitoring device pursuant to subdivision (a)(1)(A)(i)(b).
2. (2) Moneys in the fund shall not revert to the general fund of the state, but shall remain available to be used as provided for in subdivision (a)(1).
3. (3) Interest accruing on investments and deposits of the electronic monitoring indigency fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year.
4. (4) Moneys in the electronic monitoring indigency fund account shall be invested by the state treasurer in accordance with § 9-4-603.
(b) Except as otherwise provided in § 55-10-409(b)(2)(D), the costs incurred in order to comply with the ignition interlock requirements shall be paid by the person ordered to install a functioning ignition interlock device, unless the court finds such person to be indigent. If a court determines that a person is indigent, the court shall order such person to pay any portion of the costs which the person has the ability to pay, as determined by the court. Any portion of the costs the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to subsection (a).
(c) Whenever a person ordered to install a device pursuant to § 55-10-409(b)(2), § 55-10-409(d)(2), § 55-10-417(a)(1) or § 55-10-417(k) asserts to the court that the person is indigent and financially unable to pay for a functioning ignition interlock device, it shall be the duty of the court to conduct a full and complete hearing as to the financial ability of the person to pay for such device and, thereafter, make a finding as to the indigency of such person.
(d) A person is indigent and financially unable to pay for a functioning ignition interlock device if the person is receiving an annual income, after taxes, of one hundred eighty-five percent (185%) or less of the poverty guidelines updated periodically in the federal register by the United States department of health and human services under the authority of 42 U.S.C. § 9902(2).
(e) Every person who informs the court that the person is financially unable to pay for a functioning ignition interlock device shall be required to complete an affidavit of indigency that is designed by the administrative office of the courts for purposes of assisting the court in making its determination pursuant to subsection (c). If the person intentionally misrepresents, falsifies or withholds any information required by the affidavit of indigency, such person commits perjury as set out in § 39-16-702.
(f) In the event that the state treasurer determines or anticipates that the electronic monitoring indigency fund has or will have insufficient funds to pay for eligible claims or invoices as they are received, the state treasurer is authorized to stop accepting, determining eligibility for, or paying claims or invoices submitted by providers of ignition interlock devices, transdermal monitoring devices, other alternative alcohol or drug monitoring devices, or global positioning monitoring devices for a period of time determined by the state treasurer. The state treasurer may begin accepting or paying claims or invoices submitted by providers of ignition interlock devices, transdermal monitoring devices, other alternative alcohol or drug monitoring devices, or global positioning monitoring devices with service dates on or after the date on which the state treasurer determines that there is a sufficient amount of money in the fund. The state treasurer shall notify providers and the administrative office of the courts of the anticipated date that provider claims and invoices will be accepted and paid from the fund again. The state treasurer may establish an order of priority for paying claims and invoices from the fund after the period of insolvency.
(g)
1. (1) All proceeds collected pursuant to §§ 55-10-413(a) and 69-9-219(c)(11) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund.
2. (2) The fees assessed pursuant to §§ 55-10-413(a) and 69-9-219(c)(11) shall be allocated as follows:
  1. (A) Thirty dollars and fifty cents ($30.50) to the electronic monitoring indigency fund for the purpose of paying for the following for persons found to be indigent by the court:
    1. (i) All the costs associated with the lease, purchase, installation, removal, and maintenance of a functioning ignition interlock device or with any other cost or fee associated with a functioning ignition interlock device required by this part;
    2. (ii) All the costs associated with the use of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device, if required by the court pursuant to § 40-11-152 or § 55-10-402(d)(2)(A)(iii) or (h)(7); and
    3. (iii) All the administrative costs incurred by the department of treasury in administering the electronic monitoring indigency fund;
  2. (B) Four dollars fifty cents ($4.50) to the Tennessee Hospital Association for the sole purposes of making grants to hospitals that have been designated as critical access hospitals under the Medicare rural flexibility program for the purposes of purchasing medical equipment, enhancing high technology efforts and expanding healthcare services in underserved areas;
  3. (C) One dollar twenty-five cents ($1.25) to the department of mental health and substance abuse services to be placed in the alcohol and drug addiction treatment fund;
  4. (D) One dollar twenty-five cents ($1.25) to the department of safety, Tennessee highway safety office, for the sole purpose of funding grant awards to local law enforcement agencies for purposes of obtaining and maintaining equipment and personnel needed in the enforcement of alcohol related traffic offenses;
  5. (E) One dollar twenty-five cents ($1.25) to the department of safety to be used to defray the expenses of administering this part; and
  6. (F) One dollar twenty-five cents ($1.25) to the department of finance and administration, office of criminal justice programs, for the sole purpose of funding grant awards to halfway houses whose primary focus is to assist drug and alcohol offenders. In order for a halfway house to qualify for such grant awards it shall provide:
    1. (i) No less than sixty (60) residential beds monthly with occupancy at no less than ninety-seven percent (97%) per month, or if a halfway house with nonresidential day reporting services, it shall serve no less than two hundred (200) adults monthly;
    2. (ii) Safe and secure treatment facilities, and treatment to include moral recognition therapy, adult education programming that includes preparation toward obtaining a high school equivalency credential approved by the state board of education, anger management therapy, and domestic and family counseling; and
    3. (iii) Transportation to and from work, mental health or medical appointments for each of its residents.
3. (3)
  1. (A) Beginning in fiscal year 2013-2014, any surplus in the electronic monitoring indigency fund shall be allocated as follows:
    1. (i) Fifty percent (50%) of such surplus shall be transmitted to the department of mental health and substance abuse services and placed in the alcohol and drug addiction treatment fund; and
    2. (ii) Fifty percent (50%) of such surplus shall be used by the department of safety, Tennessee highway safety office, to provide grants to local law enforcement agencies for purposes of obtaining and maintaining equipment or personnel needed in the enforcement of alcohol-related traffic offenses.
  2. (B) Beginning on July 1, 2013, and annually thereafter, the treasurer shall conduct an analysis to determine the solvency of the electronic monitoring indigency fund. The treasurer may declare a surplus if the analysis determines that there is a balance in excess of the amount necessary to maintain the solvency of the fund, and shall report the amount of any surplus to the commissioner of finance and administration for inclusion in the annual budget document prepared pursuant to title 9, chapter 4, part 51.
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- 69-9-219(c)(11)
(h) For purposes of this section, “previous year” means from January 1 to December 31 of the year immediately preceding the February 1 reporting date.
(i) The money in the electronic monitoring indigency fund's ignition interlock account shall be used to pay for eligible costs associated with ignition interlock devices, and the money in the account for transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices shall pay for eligible costs associated with such devices, subject to the treasurer's ability to transfer funds between the two (2) accounts. Periodically, the treasurer shall determine whether there is excess money in the fund's ignition interlock account that may be transferred to the account for transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices to pay for costs associated with such devices. If there is no excess money, the treasurer shall not pay eligible claims or invoices for transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices until there is excess money in the ignition interlock account to be transferred to the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account, or until the state appropriates monies in the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account.
(j) No later than a date certain established by the treasurer, each local government shall have the option to participate in the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account by having the costs for eligible devices paid from the fund for each local government's indigent defendants. The local government shall demonstrate participation through a resolution legally adopted and approved by the local government's legislative body providing acceptance of the liability associated with participation and containing the maximum liability that the local government commits to its participation in the fund. For each subsequent year of participation and no later than a date certain established by the treasurer, the local government shall notify the treasurer of the budgeted amount that is approved for participation in the fund within thirty (30) days from when a budget is approved by the local legislative body and shall provide a copy of the approved budget to the treasurer. The state will provide funds matching each local government's maximum liability or budgeted amount for participation in the fund, subject to an appropriation by the state. Each participating local government will pay fifty percent (50%) of the costs associated with transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices for indigent defendants within the local government's jurisdiction, and the state will match the local government's cost by providing the other fifty percent (50%) of funding.
(k) In obtaining money from participating local governments, the state may either bill the local governments for costs associated with eligible devices or draw revenue from the local government's state-shared taxes.
(l) In paying claims or invoices for indigent defendants in a participating city or county, the state shall only pay for the costs associated with transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices when the local government has remitted fifty percent (50%) of the total eligible costs to the state.
(m) A local government may withdraw from participation in the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account at any time and reenter as a participant within the time frame established by the treasurer. After a local government's withdrawal from participation, the local government shall continue to pay all outstanding liabilities for eligible devices.
(n) The electronic monitoring indigency fund shall be administered by the treasurer. Through the administration of the fund, the treasurer shall have the authority to:
1. (1) Determine that the money is paid out of the fund for eligible devices and offenses pursuant to applicable laws and rules; and
2. (2) Promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the administration of the fund.
(o) For the efficient administration of the fund, providers of ignition interlock devices, transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices shall:
1. (1) Submit a claim to the treasurer electronically on a form prescribed by the treasurer no later than ninety (90) calendar days after the device has been ordered by the court accompanied by:
  1. (A) The court order requiring the device;
  2. (B) The affidavit of indigency; and
  3. (C) An attestation from the provider for each claim indicating that the charges contained in the claim are true and accurate and do not contain duplicate claims or charges previously submitted to the treasurer for reimbursement;
2. (2) Submit invoices to the treasurer no later than one hundred eighty (180) calendar days from the date of service;
3. (3) Submit amendments to documents previously submitted or new documentation in support of a claim or invoice to the treasurer no later than ninety (90) calendar days after the provider's receipt of the amended or new documentation; and
4. (4) Submit any additional information or complete any additional forms requested by the treasurer.
(p) The provider shall ensure that the court orders submitted to the treasurer do not contain handwritten changes and are submitted on a uniform court order prescribed by the treasurer.
(q) If a provider filing a claim or invoice for reimbursement from the fund knowingly makes a false, fictitious, or fraudulent statement or representation, or knowingly submits false, fictitious, or fraudulent documentation or information to the treasurer for reimbursement, the provider may be liable under the False Claim Act, compiled in title 4, chapter 18.
(r) If a provider is overpaid from the fund for any reason, the treasurer is authorized to exercise a right of set-off against any amount due to the provider from the fund.

§ 55-10-420. License to provide compliance-based ignition interlock services.

(a) As used in this section:
1. (1) “In writing” means either by written electronic communication or by written physical communication;
2. (2) “Manufacturer” means an individual or entity responsible for the design, construction, or production of an ignition interlock device that has been approved by the ignition interlock program as meeting all of the minimum requirements set forth in the ignition interlock device program rules;
3. (3) “Permanent revocation” means the indefinite revocation of an entity's or individual's license or ability to perform the actions authorized under this section;
4. (4) “Service center” means an entity designated by the manufacturer and approved by the ignition interlock program to provide services, including, but not limited to, installation, inspection, maintenance, and removal of an ignition interlock device within this state;
5. (5) “Subcontractor” means an individual or entity, other than a service center or technician, seeking to provide intermediary services for a manufacturer, including, but not limited to, opening and managing service centers and installing and monitoring ignition interlock devices;
6. (6) “Technician” means a person affiliated with a service center and engaged in the installation, inspection, maintenance, and removal of ignition interlock devices in this state; and
7. (7) “Temporary suspension” means the partial or full removal of an entity's or individual's license or ability to perform the actions authorized in this section, for a period of not more than one (1) year.
(b) A manufacturer, service center, technician, or subcontractor must be licensed by the department of safety in order to provide compliance-based ignition interlock services under this section.
(c)
1. (1) The department shall establish the requirements for each license category by rule pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A manufacturer, service center, technician, or subcontractor must apply to the department for a license to operate in this state. The application must be on a form published by the department and must be accompanied by the fee set by the department under subdivision (c)(2).
2. (2) The department may impose an initial application fee not to exceed two hundred fifty dollars ($250) and a renewal application fee not to exceed one hundred fifty dollars ($150). Fees paid under this subsection (c) must only be used to fund the ignition interlock program within the department. Fee amounts must be established by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) If an applicant meets the requirements for the license type for which the applicant applied, then the department must issue the applicant a license valid for one (1) year.
(e)
1. (1) If a licensee's renewal application is received by the department at least sixty (60) days prior to the expiration of the licensee's current license, then the licensee is authorized to continue to perform new installations of ignition interlock devices after the expiration date of the license so long as the department has not issued a denial of a renewal.
2. (2) If a licensee's renewal application is received by the department less than sixty (60) days prior to the expiration date of the licensee's current license, then the licensee is not authorized to perform new installations of ignition interlock devices after the expiration date of the license until a renewal has been issued by the department. In addition to the renewal fee, the licensee is subject to a late fee not to exceed one hundred dollars ($100).
3. (3) The department must inform the licensee in writing of the date the renewal application was received by the department.
(f) A former licensee who has not held an active license for more than (1) year from the date of expiration of the previous license is not eligible for renewal and must apply as an initial applicant.
(g)
1. (1) The department may temporarily suspend or permanently revoke a license, either in whole or in part, of a licensee who violates this section or rules promulgated by the department. Temporary suspension or permanent revocation may include, but is not limited to:
  1. (A) Ceasing the licensee's ability to perform new installations of ignition interlock devices; and
  2. (B) Ceasing the licensee's ability to open any new service centers.
2. (2) If a license is permanently revoked, then the department may require the licensee to pay for the licensee's existing customers to transition to a new ignition interlock device, regardless of manufacturer.
(h)
1. (1) An individual or entity may seek administrative review of the department's denial of an initial application, denial of a renewal application, temporary suspension, or permanent revocation.
2. (2) In order to seek administrative review under this subsection (h), the individual or entity must submit the request for review in writing to the ignition interlock division. The request for review under this subsection (h) must include the individual's or entity's reasoning for the request and supporting documentation. The ignition interlock division shall forward the request to the colonel of the highway patrol or the colonel's designee for review and a final determination.
3. (3) The colonel or the colonel's designee shall review the department's records regarding the individual or entity and the supporting documentation provided by the individual or entity, and render a determination in writing within thirty (30) business days of the division's receipt of the request.
4. (4) Following the determination, the individual or entity may seek judicial review of the decision of the colonel or the colonel's designee as provided by § 4-5-322.
(i) The department may promulgate rules pursuant to the Uniform Administrative Procedures Act in order to carry out this section; provided, that the rules shall not exceed the authority granted in this section. All licenses and licensees are subject to rules promulgated pursuant to this section.

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§ 55-10-421. Adult driving while impaired.

(a) Effective July 1, 2003, the offense of adult driving while impaired is repealed.
(b) Nothing in the repeal of the offense of adult driving while impaired shall be construed to prohibit or prevent the use of any conviction for the offense occurring prior to July 1, 2003, for any of the purposes set out in § 55-10-405, § 55-10-406, § 55-10-409, § 55-10-411(b)(2), § 55-10-603(2)(A)(x) or § 55-50-502(c)(3)(B)(ii).

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§ 55-10-422. Program development fee required for applicants for restricted license for vehicle with ignition interlock device.

A person whose license has been suspended pursuant to this part and who applies for a restricted license to operate only a motor vehicle that is equipped with a functioning ignition interlock device shall be required to pay a program development fee of eight dollars ($8.00). The fee required by this section shall terminate on June 30, 2014.

§ 55-10-423. Confidentiality of information about interlock program participant.

All documents, records, identifying information, monitoring data or results and other information recorded, collected, maintained, transmitted or stored by an ignition interlock provider about or concerning an interlock program participant is confidential and not available for public inspection. All such information shall retain its confidentiality when it is transmitted, electronically or otherwise, maintained and stored, examined or used by a monitoring authority. Only authorized employees of an ignition interlock provider or monitoring authority may view any document made confidential by this section.

§ 55-10-424. “Transdermal monitoring device” defined.

As used in this part, “transdermal monitoring device” means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.

§ 55-10-425. Compliance-based removal of ignition interlock device.

(a)
1. (1) Effective July 1, 2016, the authorized removal of any functioning ignition interlock device that is required by a court order, by statutory requirement, in the court's discretion, or at the defendant's request, must be compliance-based in accordance with this section.
2. (2) As used in this section:
  1. (A) “Ignition interlock provider” means a provider that is licensed by the department pursuant to § 55-10-420;
  2. (B) “Ignition interlock usage period” means a three-hundred-sixty-five-consecutive-day period or the entire period of the person's driver license revocation, whichever is longer; and
  3. (C) “In writing” means either electronically or by regular mail.
(b)
1. (1) Except as provided in subdivision (b)(2), upon application by a person who is not otherwise prohibited from having a restricted license, the court must order the installation and use of a functioning ignition interlock device for the ignition interlock usage period. The consecutive-day requirement must be considered to commence on the date of interlock installation, provided that the person applies for the person's restricted license within ten (10) days of the issuance of a court order authorizing a restricted license. If the person does not have a court order or does not apply within ten (10) days, then the ignition interlock usage period must commence on the date of issuance of the driver license with interlock restrictions under subdivision (b)(2).
2. (2)
  1. (A) If a functioning ignition interlock device is required, ordered, or requested to be installed and used pursuant to subdivision (a)(1), then the ignition interlock usage period required by subdivision (b)(1) and the final one-hundred-twenty-day period of violation-free use required by subdivision (d)(1) are applicable regardless of whether the person applies for a restricted license during the revocation period.
  2. (B) The department shall not reinstate a driver license to a person who did not apply for a restricted driver license during the period of license revocation, regardless of whether the person had an ignition interlock device installed, until the person shows the department proof of a current ignition interlock installation. Upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period must commence on the date the license is reinstated and must continue for the full ignition interlock usage period that matches the person's license revocation period until compliance has been established as required in this section.
  3. (C) The department shall not accept a court order waiving any ignition interlock requirements if the court order is not in compliance with this part.
3. (3) If the court determines that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B), the court shall make specific findings of fact on a form provided by the department that the factors listed in § 55-10-409(b)(2)(B) do not exist in the instant case. The findings of fact shall include the following:
  1. (A) The person's actual blood or breath alcohol concentration (BAC) demonstrating that the person did not have a blood or breath alcohol concentration of eight-hundredths of one percent (0.08%) or higher, or a combination of alcohol in any amount and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
  2. (B) There was no person in the vehicle with the person who was under eighteen (18) years of age;
  3. (C) The person was not involved in an accident, or the accident did not require a report under § 55-10-107, or the accident was not the proximate result of the person's intoxication; and
  4. (D) The person is not charged with violating the implied consent law or, if the person is so charged, the person did not have a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for any of the offenses set out in § 55-10-409(b)(2)(B)(iv).
4. (4)
  1. (A) If the court fails to make a specific finding that § 55-10-409(b)(2)(B) is not applicable in the instant case, if the finding made by the court is incomplete, or if the finding does not contain adequate information for the department to determine the applicability of § 55-10-409(b)(2)(B), the person shall be required by default to install and use a functioning ignition interlock device for the ignition interlock usage period.
  2. (B) If the court orders that a restricted license be issued without an ignition interlock device required, and the court's findings of fact demonstrate that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B), the restricted driver license shall be subject to the geographic restrictions of § 55-10-409(c).
(c)
1. (1) A person required to install and use only a functioning ignition interlock device pursuant to this section is prohibited from:
  1. (A) Removing or causing to be removed the ignition interlock device from the motor vehicle;
  2. (B) Failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device; and
  3. (C) Tampering with or circumventing the ignition interlock device.
2. (2) Unless as otherwise provided in subsection (h), the person must maintain the device in working order for the ignition interlock usage period.
3. (3) Failure to comply with the requirements of this subsection (c) will result in the ignition interlock usage period starting over.
(d)
1. (1) During the final one-hundred-twenty-day period of an ignition interlock usage period, the person shall not:
  1. (A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath alcohol concentration in excess of the two-hundredths of one percent (0.02%) blood alcohol concentration calibration setting required by § 55-10-417(b); provided, however, that a person is not in violation of this subdivision (d)(1)(A) for attempting to start the motor vehicle, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests;
  2. (B) Fail to take or skip a rolling retest when required by the ignition interlock device; provided, however, that a person is not in violation of this subdivision (d)(1)(B) for failing to take or skipping a rolling retest if a review of the digital images associated with the test confirms that the motor vehicle was not occupied by the driver at the time of the retest;
  3. (C) Fail a rolling test required by the ignition interlock device with a breath alcohol concentration in excess of two-hundredths of one percent (0.02%); provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing a rolling test, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; or
  4. (D) Remove the ignition interlock device from the motor vehicle, except for necessary maintenance, replacement, or repair as determined by the department, or as allowed by subsection (h).
2. (2)
  1. (A) Failure to comply with subdivisions (d)(1)(A)-(C) must result in the extension of the ignition interlock usage period by one hundred twenty (120) days during which the person must remain in compliance with subdivisions (d)(1)(A)-(C) in order to avoid additional extension.
  2. (B) Failure to comply with subdivision (d)(1)(D) must result in the restart of the full ignition interlock usage period as prescribed in subdivision (c)(3).
3. (3) The requirement to have an interlock device shall not be removed from the person's driver license unless the requirements of this subsection (d) have been met.
(e)
1. (1) If at any time during the ignition interlock usage period, the department determines that the person has committed a violation of subsection (c), then the ignition interlock usage period must start again from the date compliance was reestablished.
2. (2) Notwithstanding subdivision (e)(1), if at any time during the final one hundred twenty (120) days of the ignition interlock usage period, the department determines that the person has committed a violation of subsection (d), then the one-hundred-twenty-day period must start again from the date of the violation.
(f)
1. (1)
  1. (A) Upon completion of the ignition interlock usage period, the person must take the motor vehicle to an ignition interlock provider for a final download of the person's data file and a determination as to whether the person has successfully completed the ignition interlock usage period without violations of subsection (c) and whether the final one-hundred-twenty-day period was completed without violations of subsection (d).
  2. (B) The ignition interlock provider must send the data file from the person's final download to the department within two (2) business days.
  3. (C) If the person has successfully completed the ignition interlock usage period without violations of subsection (c) and the final one-hundred-twenty-day period was completed without violations of subsection (d), then the ignition interlock provider must issue a compliance determination form to the person. If the person has not successfully completed the ignition interlock usage period without violations of subsection (c), or the final one-hundred-twenty-day period was not completed without violations of subsection (d), then the ignition interlock provider must notify the person of noncompliance and the resulting extension of the ignition interlock requirement on the compliance determination form. The ignition interlock provider must use the compliance determination form published by the department.
  4. (D) If the ignition interlock provider issues a certificate of compliance, then the ignition interlock division within the department must issue an interlock removal form authorizing the removal of the ignition interlock restrictions from the person's driver license and the removal of the ignition interlock device from the person's motor vehicle; provided, that the department's review of the person's records indicates the person has been in compliance during the ignition interlock usage period.
  5. (E) The person may take the interlock removal form to a driver services center and apply for the removal of the ignition interlock requirements and reinstatement of the person's driver license or the issuance of a photo identification license. If the person meets all requirements for driver license reinstatement and pays all reinstatement fees, then the department must reinstate the driver license.
  6. (F) If the ignition interlock provider notifies the person that the provider's records indicate the person has not complied with the conditions in subsection (c) or (d) during the required periods, then the person may either accept the extension of the ignition interlock requirement or request that the provider reconsider the finding of noncompliance and consider evidence of compliance provided by the person. If the provider confirms the finding of noncompliance, then the person may either accept the extension of the ignition interlock requirement or request an administrative compliance review by the department pursuant to subdivision (f)(2).
2. (2)
  1. (A) A person who has had the person's ignition interlock usage period extended by a provider may request, in writing, an administrative compliance review by the department. Any evidence of compliance the person intends to present to the department must be included with the written request.
  2. (B) The department shall review the request, including any evidence provided by the person and the records provided by the provider, within thirty (30) days of receiving the request. Following the department's review, the department shall notify the person and the provider of the department's determination in writing.
  3. (C) If the department determines that the person was in compliance with subsections (c) and (d), then the department shall issue an interlock removal form.
  4. (D) If the department determines that the person was not in compliance for the required periods, then the department shall inform the person of the determination in writing. The person may seek judicial review of the department's administrative compliance review determination as provided by § 4-5-322.
3. (3) When removing an ignition interlock device on or after July 1, 2016, a certified ignition interlock provider may in good faith rely on a person's interlock removal form that removal of the ignition interlock device is lawful.
(g) This section applies to offenses committed on or after July 1, 2016, for which a person is required by a court order, a statutory requirement, in the court's discretion, or at the defendant's request, to operate only a motor vehicle that is equipped with a functioning ignition interlock device. To the extent not inconsistent with this section, the procedural provisions and geographic restrictions of §§ 55-10-409 and 55-10-417, the provider fees of § 55-10-418, and the electronic monitoring indigency fund and indigency provisions of § 55-10-419 must, if applicable, continue to apply. If any provision of those sections is in conflict with this section, this section must apply.
(h)
1. (1) This subsection (h) applies to persons required to have an ignition interlock device installed on their vehicle under subsection (c) when that vehicle is unable to be operated due to:
  1. (A) Damage from an accident or other uncontrollable circumstance where the person's intoxication was not a proximate cause; or
  2. (B) Repairs based on normal wear and tear of a vehicle or due to a recall.
2. (2) A person whose vehicle is unable to be operated under subdivision (h)(1) may request the department toll the required consecutive three-hundred-sixty-five-day period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the ignition interlock provider that the vehicle was involved in a traffic crash, the vehicle is being repaired, or other uncontrollable circumstance through no fault of the person required to have ignition interlock.
3. (3)
  1. (A) If the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted.
  2. (B) Other proof may consist of, but is not limited to:
    1. (i) A written statement from the insurance company regarding repairs;
    2. (ii) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or
    3. (iii) Other documentation acceptable to the department.
4. (4) The ignition interlock provider shall forward the request and documentation to the department within five (5) business days of receipt.
5. (5) The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if the tolling period has been granted or denied, and, if denied, the reason for the denial.
6. (6) If granted, a toll period shall be for thirty (30) days. At the end of the thirty-day period, if the vehicle is still unable to be operated and the person cannot have an ignition interlock device installed on a different vehicle, the person shall submit additional proof, as specified in subdivision (h)(3), to the department showing the vehicle is still undergoing repairs or other acceptable reason that the ignition interlock device cannot be installed on a different vehicle. The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if any additional toll period has been granted or denied, and, if denied, the reason for the denial.
7. (7) At the end of any thirty-day period, if no new request has been submitted and granted, then the three-hundred-sixty-five-day period shall resume with the person being required to maintain an ignition interlock device for the period of time that was remaining on the day the tolling period began.
8. (8) The tolling period in this subsection (h) does not relieve a person from the requirement to only operate a vehicle that is equipped with an ignition interlock device.
9. (9)
  1. (A) A person aggrieved by the denial of their request to have the three-hundred-sixty-five-day period tolled under this subsection (h) may, within ten (10) business days of the date of the denial, request a review by the commissioner or the commissioner's designee. The request for review shall include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believes the denial was incorrect.
  2. (B) The commissioner or the commissioner's designee shall, within ten (10) business days of receiving the request for review, make a determination in writing, based on information in the department's records and the information provided by the person requesting the review, whether or not the thirty-day toll period should be granted.
  3. (C) The request for review will stay the continuation of the three-hundred-sixty-five-day period until the commissioner or commissioner's designee's ruling is issued.
  4. (D) A person may appeal the commissioner or commissioner's designee's ruling pursuant to § 4-5-322.
(i)
1. (1) If a person is unable to produce enough breath volume to operate an ignition interlock device, then the person may apply to the department for a waiver of the ignition interlock requirement.
2. (2) An application for a waiver must be on a form developed by the department, and the following documents must be submitted with the application:
  1. (A) A statement by an ignition interlock provider, dated within sixty (60) days of the application, that an ignition interlock device cannot be adjusted to allow the person to use the device and register the person's breath alcohol level; and
  2. (B) Statements from at least two (2) licensed physicians who have examined the person at an in-office appointment, dated within sixty (60) days of the application, indicating that the person has a medical condition that renders the person unable to provide a deep lung breath sample for analysis by an ignition interlock device.
3. (3) A person who fails to submit the documents required in subdivision (i)(2) at the time of application must be provided an additional thirty (30) days to submit the documents before the department may deny the waiver for the failure to submit the required documents.
4. (4) Within sixty (60) days after receipt of a waiver application and all required documents, the department shall review the application and the statements from the interlock provider and the physicians, and determine if a person is unable to operate an ignition interlock device and the failure to grant an interlock waiver would constitute a hardship based on the person's work or medical needs.
5. (5) Upon determining that a person is unable to operate an ignition interlock device and the failure to grant a waiver would constitute a hardship under subdivision (i)(4), the department may issue a waiver of the person's ignition interlock requirement. The waiver form issued by the department must specify the necessary times and places of permissible operation of a motor vehicle for the limited purposes of going to and from:
  1. (A) Work at the person's regular place of employment;
  2. (B) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer;
  3. (C) A court-ordered alcohol safety program;
  4. (D) A college or university in the case of a student enrolled full time in the college or university;
  5. (E) A court-ordered outpatient alcohol and drug treatment program;
  6. (F) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c); and
  7. (G) Medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness.
6. (6)
  1. (A) The time and geographic restrictions must be required for the entire period of license revocation, or the entire period an ignition interlock device was required based on the law at the time of the person's conviction.
  2. (B) A person who receives a waiver must carry the waiver form at all times while the person is operating a motor vehicle. A person who does not have the waiver form while operating a motor vehicle is considered to be driving on a revoked license.
7. (7) A person who has been granted a waiver form by the department must take the form, accompanied by a fee of sixty-five dollars ($65.00), to a driver services center to apply for a restricted driver license.
8. (8) The denial of a waiver under this subsection (i) may be appealed in accordance with the rules and procedures for appeals through the department's driver improvement division. The department shall not issue a license without an ignition interlock restriction during the pendency of the appeal.
(j)
1. (1) A nonresident, as defined in § 55-50-102, who is required to install and maintain an ignition interlock device pursuant to this part may request a waiver developed by the department to be completed by the nonresident's home state. Upon acceptance of the completed waiver by the department, the ignition interlock installation requirement must be waived.
2. (2) If at any time the nonresident becomes a resident, as defined in § 55-50-102, of this state, then the resident must comply with the requirements of this section and the ignition interlock usage period will commence on the date of driver license issuance with proof that an ignition interlock device has been installed on the motor vehicle.
(k) A person required to have a functioning ignition interlock device pursuant to this part shall not operate a motor vehicle without a functioning ignition interlock device.
(l) A person who is subject to § 55-10-409 or this section may petition a court with proper jurisdiction for reinstatement of the person's driver license under this part regardless of the date when the person first became subject to those limitations. If the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the court may order reinstatement. Upon receipt of the court order, if the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department shall reinstate the license.

4 Backlinks

§ 55-10-426. Contract service providers.

(a) As used in this section, “contract service provider”:
1. (1) Means a private entity that enters into a written contract or agreement with a government entity of this state to provide supervision of offenders using an electronic monitoring device; and
2. (2) Does not include:
  1. (A) An ignition interlock provider; or
  2. (B) An electronic monitoring device manufacturer or producer.
(b) A contract service provider must:
1. (1) Have a written contract with the government entity containing the following:
  1. (A) A description of the responsibilities of the contract service provider and the services to be rendered;
  2. (B) Requirements for bonding of staff;
  3. (C) Staffing levels and standards of supervision, including the type and frequency of contacts;
  4. (D) Procedures for handling indigent offenders;
  5. (E) Reporting procedures and circumstances for violations;
  6. (F) Reporting and recordkeeping procedures;
  7. (G) Default and contract termination procedures; and
  8. (H) A schedule listing the fees and charges assessed to the offenders supervised by the contract service provider; and
2. (2) Maintain general liability insurance coverage of at least one million dollars ($1,000,000) at all times while providing contract services and provide the government entity with written documentation of the insurance coverage.
(c) A contract service provider has the following responsibilities:
1. (1) Providing services for the supervision of offenders assigned to the contract service provider by the court;
2. (2) Training all employees who have contact with offenders to provide accurate information regarding the offender's case and to maintain confidentiality;
3. (3) Requiring a fingerprint-based criminal background check in accordance with subsection (n) on every employee prior to the employee beginning employment;
4. (4) Maintaining an employee folder for every employee containing the job application, signed confidentiality statements as required by this section, training records, criminal justice experience, documentation of education, and the written notice from the contracting government entity pursuant to subsection (n) stating whether the employee meets criteria or does not meet criteria for employment based on the criminal background check;
5. (5) Prohibiting the solicitation of offenders for products or services that present a conflict of interest;
6. (6) Ensuring the quality of case management and execution of all court orders in a professional manner;
7. (7) Being responsible for the actions of all employees carried out within the scope of employment;
8. (8) Being accountable to the contracting government entity and the court in reporting the status of cases assigned to the contract service provider for supervision;
9. (9) Notifying the contracting government entity in writing within ten (10) days of an owner, director, or employee being charged with, arrested for, entering a plea of guilty or nolo contendere to, or being convicted of a misdemeanor offense involving moral turpitude or a felony offense; and
10. (10) Employing a person as a director who is responsible for the direct supervision of caseworkers.
(d) Each director of a contract service provider must:
1. (1) Have a bachelor's degree from an accredited college or university in the field of criminal justice, administration, social work, or behavioral science, and two (2) years of experience in criminal justice or social work. Four (4) years of professional administrative experience with an organization providing services in the field of criminal justice or social work may be substituted for a bachelor's degree;
2. (2) Sign a confidentiality statement agreeing to hold offender records confidential;
3. (3) Be of good moral character and not have been convicted of or pled guilty or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony offense within the last ten (10) years unless a pardon has been obtained, or have an outstanding warrant for the employee's arrest;
4. (4) Supply a fingerprint sample to be submitted for a criminal background check in accordance with subsection (n); and
5. (5) Complete orientation training within six (6) months of beginning operations and annual in-service training as required by this section.
(e) A person employed as a caseworker with a contract service provider must:
1. (1) Be at least twenty-one (21) years of age;
2. (2) Have at least two (2) years of experience with a criminal justice or social services agency, or an associate degree from an accredited college or university;
3. (3) Complete orientation training within six (6) months of beginning employment duties and annual in-service training as required by this section;
4. (4) Be of good moral character and not have been convicted of or pled guilty or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony offense within the last ten (10) years unless a pardon has been obtained, or have an outstanding warrant for the employee's arrest;
5. (5) Supply a fingerprint sample to be submitted for a criminal background check in accordance with subsection (n);
6. (6) Sign a confidentiality statement agreeing to hold offender records confidential; and
7. (7) Sign a statement that is cosigned by the contract service provider director and indicates that the caseworker has received an orientation on the policies, procedures, and guidelines relevant to the caseworker's job duties.
(f) An employee other than a caseworker may assist a caseworker with case-related administrative duties, but shall not have decision-making authority with respect to offenders. An employee who provides services to offenders, who has access to contract service provider records, who has telephone or face-to-face contact with offenders, or who has access to offender data must meet the following requirements:
1. (1) Be at least twenty-one (21) years of age;
2. (2) Sign a confidentiality statement agreeing to hold offender records confidential;
3. (3) Sign a statement that is cosigned by the contract service provider director and indicates that the employee has received an orientation on the policies, procedures, and guidelines relevant to the employee's job duties;
4. (4) Be of good moral character and not have been convicted of or pled guilty or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony offense within the last ten (10) years unless a pardon has been obtained, or have an outstanding warrant for the employee's arrest;
5. (5) Supply a fingerprint sample to be submitted for a criminal background check in accordance with subsection (n);
6. (6) Have at least a high school diploma or an equivalent diploma; and
7. (7) Complete orientation training within six (6) months of beginning employment duties and annual in-service training as required by this section.
(g) Contract service providers must provide training to all employees consisting of a minimum of forty (40) hours of orientation training that must be completed within six (6) months of employment and twenty (20) hours of annual in-service training. The training must include:
1. (1) Orientation to electronic monitoring;
2. (2) An overview of types of equipment used for electronic monitoring;
3. (3) Training related to an overview of the criminal justice system;
4. (4) Instruction on recognizing and reading court orders;
5. (5) Public relations;
6. (6) Media relations;
7. (7) Family and offender orientation;
8. (8) The importance of recordkeeping;
9. (9) Data entry and familiarization with forms;
10. (10) Installing and troubleshooting equipment;
11. (11) Staff and victim safety issues; and
12. (12) Relevant legal issues.
(h) All contract service providers shall provide the contracting government entity with a report in such detail and at such time intervals as required by the contracting government entity and the court.
(i)
1. (1) All records of the contract service provider must be maintained in a secure and confidential manner.
2. (2) Each contract service provider shall maintain the following records and must make the records available and accessible for inspection by the contracting government entity and the court:
  1. (A) Written contracts or agreements for services;
  2. (B) Court orders for all offenders assigned for supervision;
  3. (C) Accounting ledgers and related documents;
  4. (D) Payment receipts issued to offenders for all funds received;
  5. (E) Offender case history and management reports and documents; and
  6. (F) Other documents pertaining to the case management of each offender assigned for supervision.
3. (3) Each contract service provider must make all records, files, and other documentation pertaining to an individual offender available to a law enforcement agency requesting the records in writing if the offender is the subject of an investigation or a potential witness in an active case.
(j) A contract service provider shall not:
1. (1) Assess, collect, or disburse any funds pertaining to the collection of court-ordered monies, except by written order of the court;
2. (2) Offer any program service or component for an additional fee unless the fee charge has been ordered by the court; or
3. (3) Assert or represent that it is owned, operated, or endorsed by this state or any political subdivision of this state.
(k) If a contract service provider becomes associated with another corporation, enterprise, or agency, whether through acquisition, merger, sale, or other transaction, then the contract service provider shall notify the contracting government entity and the court in writing within ten (10) days of the effective date of the transaction. The written notice must contain the names, addresses, and telephone numbers of all primary parties, the effective date of the merger, sale, or consolidation, and the nature of the business relationship of the new contract service provider. A violation of this subsection (k) may result in a breach of contract for all services rendered.
(l) The director of the contract service provider must immediately notify the contracting government entity and the court in writing of any change in the contract service provider's location, address, or telephone number.
(m) The following persons may not own, operate, direct, or serve as an employee or agent of a contract service provider:
1. (1) A person for whom owning, operating, directing, or serving as an employee or agent of the contract service provider would pose an actual, potential, or apparent conflict of interest due to the existence of a fiduciary, business, or personal relationship with any offender, or due to the existence of any other relationship that would place the owner, operator, employee, or agent in a position to exert undue influence on, exploit, take undue advantage of, or breach the confidentiality of any offender; or
2. (2) A judge, public probation or parole officer or employee, court employee, detention or correctional agency employee, law enforcement agency employee, or any spouse thereof, if the contract service provider's services are provided within the same jurisdiction served by the judge, public or private probation office, court, detention or correctional agency, or law enforcement agency.
(n) A fingerprint-based criminal background check required by this section must be conducted by the Tennessee bureau of investigation, the federal bureau of investigation, or both. The contract service provider is responsible for the cost of the criminal background check, and the cost must be consistent with the fee schedule established by the federal bureau of investigation. The results of the criminal background check must be forwarded to the contracting government entity. The contracting government entity shall:
1. (1) Determine by rule or policy which employees of the government entity may have access to the results of the criminal background check;
2. (2) Inform the contract service provider in writing whether the employee meets criteria or does not meet criteria for employment based on the results of the criminal background check; and
3. (3) Maintain the confidentiality of all criminal background check information received pursuant to this section.

§ 55-10-427. Silas Gable Flatt Law — Providing vehicle to intoxicated individuals or individuals with suspended or revoked license — Penalty.

(a) It is an offense for a person to knowingly provide a motor vehicle to another person who the provider of the vehicle knows or reasonably should know is under the influence of an intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof.
(b) It is an offense for a person to knowingly provide a motor vehicle to another person who the provider of the vehicle knows or reasonably should know is a person whose driver license has been suspended or revoked by the court pursuant to § 55-10-404 unless:
1. (1) The person receiving the motor vehicle has been granted a restricted driver license pursuant to § 55-10-409; and
2. (2) The motor vehicle is being provided for a purpose permissible under the court order granting the person's restricted driver license.
(c)
1. (1) A person who violates this section commits a Class A misdemeanor.
2. (2) If the violation is the person's first violation, then the person shall be sentenced to a minimum of forty-eight (48) hours of incarceration.
3. (3) If the violation is the person's second violation, then the person shall be sentenced to a minimum of seventy-two (72) hours of incarceration.
4. (4) If the violation is the person's third or subsequent violation, then the person shall be sentenced to a minimum of seven (7) consecutive days of incarceration.

Part 5 Drag Racing

§ 55-10-501. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Drag racing” means:
  1. (A) The use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle;
  2. (B) The use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a certain time limit;
  3. (C) The use of any one (1) or more motor vehicles for the purpose of comparing the relative speeds of the vehicle or vehicles, or for comparing the relative speeds of the vehicle or vehicles within a certain distance or within a certain time limit;
  4. (D) The use of one (1) or more motor vehicles in an attempt to outgain, outdistance or to arrive at a given destination simultaneous with or prior to that of any other motor vehicle; or
  5. (E) The use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles;
2. (2) “Participant” means that person or persons who operate any motor vehicle or motor vehicles upon the public highways of this state, or that of any municipality or political subdivision thereof, for the purpose of drag racing, and also any person or persons who arrange for, supervise, or in any way and manner set in motion any drag racing, regardless of whether or not such person or persons may be the operator of, or be a passenger in, any motor vehicle participating in drag racing; and
3. (3) “Public highways” means all of the streets, roads, highways, expressways, bridges and viaducts, including any and all adjacent rights-of-way, that are owned, constructed, and/or maintained by the state, and/or any municipality or political subdivision of the state, and any and all highways, roads, streets, etc., that have been dedicated to the public use.

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§ 55-10-502. Drag racing — Penalties.

(a) Drag racing is a Class A misdemeanor, and any person who operates a motor vehicle upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by the public at large, or who is a participant therein, for the purpose of drag racing commits the offense of drag racing unless the premises are properly licensed for this purpose.
(b) If the violation of subsection (a) results in the serious bodily injury of a participant, passenger, bystander or other person, drag racing shall be punished as provided in § 39-13-106(b) for vehicular assault.
(c) Any motor vehicle used to commit the offense of drag racing or to flee after commission of the offense of drag racing is, upon conviction for the offense, subject to seizure and forfeiture as provided in title 40, chapter 33, part 1.

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55-10-503(a)(1)

§ 55-10-503. Additional penalties — Restricted licenses — Revocation of license.

(a)
1. (1) In addition to the punishment prescribed in § 55-10-502, the department shall revoke, for a period of one (1) year, the driver license of any person or persons convicted of drag racing.
2. (2) Notwithstanding subdivision (a)(1), the trial judge has the discretion to allow the continued use of a restricted motor vehicle operator's license or order the issuance of a restricted motor vehicle operator's license to a person convicted of drag racing for the first time to the same extent, for the same purposes, under the same conditions and in the same manner as is authorized in § 55-10-409 for persons convicted for the first time of driving under the influence of an intoxicant.
(b) In addition to the punishment prescribed in subdivision (a)(1), the department shall permanently revoke the driver license of any person or persons convicted of drag racing for the second time within a ten-year period, and the person or persons shall not thereafter be entitled to drive or operate a motor vehicle upon any public highway of this state.

Part 6 Reinstatement of License by Motor Vehicle Habitual Offender

§ 55-10-601. Petition for reinstatement of license by motor vehicle habitual offender.

A person whose driver license has been revoked or restricted due solely to the person's status as a motor vehicle habitual offender prior to July 1, 2019, may petition the court that originally made such a finding to reinstate the person's driver license. Upon receiving a petition for a reinstated driver license, the court shall determine whether the person's driver license was subject to revocation or restriction under prior law due solely to the person's status as a motor vehicle habitual offender and, if so, order the reinstatement of the person's driver license. The person may provide a copy of the court's order to the department of safety, which shall then reissue the person's driver license without restriction.

Part 7 Juvenile Offender Act

§ 55-10-701. Denial of driving privileges by court.

(a) When a person, younger than eighteen (18) years of age, but thirteen (13) years of age or older, commits any offense or engages in any prohibited conduct described in this subsection (a), then at the time the person is convicted of the offense, or adjudicated a delinquent child, unruly child or status offender, the court in which the conviction or adjudication occurs shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction or adjudication, an order of denial of driving privileges for the offender. This section applies to any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale, or consumption of any alcoholic beverage, wine or beer, or any controlled substance as defined and enumerated in title 39, chapter 17, part 4, or involving the possession or carrying of a weapon on school property, as defined and enumerated in § 39-17-1309(b) or (c). The denial of driving privileges authorized by this section applies when the prohibited conduct occurs before the offender is eighteen (18) years of age, regardless of when a conviction or determination occurs. The department shall promulgate a form “order of denial” for use by the courts.
(b) If a court has issued an order of denial of driving privileges pursuant to this section, the court, upon motion of the offender, may review the order and may withdraw the order at any time the court deems appropriate, except as provided in the following:
1. (1) A court may not withdraw an order for a period of ninety (90) days after the issuance of the order if it is the first order issued by any court with respect to the petitioning person;
2. (2) A court may not withdraw an order for a period of one (1) year after the issuance of the order if it is the second or subsequent such order issued by any court with respect to the petitioning person; and
3. (3) A court may not withdraw an order involving a violation of part 4 of this chapter, concerning the operation of a motor vehicle while intoxicated or impaired.
(c) For a motion for withdrawal under this section to be properly before a court for consideration, the local district attorney general must have received at least ten (10) days' prior notice of the motion, together with the time and place where it will be considered. The motion must be joined in by a custodial parent or legal guardian of the offender, if the offender is an unemancipated juvenile at the time the motion is made. A custodial parent or legal guardian must appear in court with the offender if the offender is an unemancipated juvenile at the time the motion is made. The motion shall state whether any prior orders of denial have been issued by any court and shall include as exhibits any prior orders of denial so issued.
(d) The local district attorney general or assistant district attorney general has the right to appear, present evidence and be heard at proceedings under this section.

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§ 55-10-702. Denial or suspension of driving privileges by department of safety.

(a) In addition to any other authority to suspend driving privileges under this chapter, the department of safety shall deny or suspend all driving privileges of any person upon receipt of an order of denial of driving privileges issued pursuant to § 55-10-701. The suspension shall be imposed without a hearing. The driving privileges of the person shall be suspended in accordance with the following:
1. (1) Upon receipt of the first order denying driving privileges, the department shall impose a suspension of one (1) year, or until the person reaches seventeen (17) years of age, whichever is longer; and
2. (2) Upon receipt of a second or subsequent order denying driving privileges, the department shall impose a suspension of two (2) years or until the person reaches eighteen (18) years of age, whichever is longer.
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- 55-10-706(a)
(b) If on appeal an underlying conviction or adjudication of an alcohol, wine, beer or drug offense, or weapons offense is overturned to an extent that nullifies the application of § 55-10-701, the department, upon receipt of a certified copy of the final order, shall timely reinstate any driving privileges that were suspended or denied because of the issuance of the original order of denial.

§ 55-10-703. Withdrawal of denial order — Eligibility for driver license — Driver safety or alcohol education programs.

If a court withdraws an order issued pursuant to § 55-10-701, the offender may obtain a certified copy of the order of withdrawal and within ten (10) days after it is issued present it, along with an application fee of twenty dollars ($20.00), to the department of safety, and the offender shall become eligible to receive a Tennessee driver license upon reaching proper age, complying with all testing requirements and paying all other driver license fees. Additionally, before an offender becomes eligible to receive a driver license under this section, the court shall require the offender to complete, to the court's satisfaction, a driver's safety course certified by the department or an early intervention program or a youth alcohol safety education program certified by the department of mental health and substance abuse services or weapons safety course certified by the department of safety.

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55-10-706(a)

§ 55-10-704. Confiscation of offender's driver license.

At the time of a conviction or adjudication by the court, the court shall remove from the offender's possession any Tennessee driver license currently held by the offender and forward it to the driver control division. If the offender is the holder of a driver license from another jurisdiction, the court shall not collect the offender's driver license, but shall notify the division of the conviction or adjudication and the division shall notify the appropriate individuals in the licensing jurisdiction. The court shall, however, in accordance with this part, send to the division an order of denial of driving privileges in this state.

§ 55-10-705. Restricted motor vehicle operator's license.

(a)
1. (1) If an order of denial has been issued pursuant to § 55-10-701 and it is the first order of denial so issued by any court for the offender, then upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3).
2. (2) If an order of denial has been issued pursuant to § 55-10-701 and it is the second or subsequent order of denial so issued by any court for the offender, then, after the expiration of at least one (1) year from the date of the entry of the latest order of denial or after the offender reaches seventeen (17) years of age, whichever is later, upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3).
3. (3) No restricted license may be issued under this section unless the court finds by clear and convincing evidence that an economic, educational or health-related hardship will result without the restricted license. A restricted license shall not be granted for travel to and from an educational institution if reasonable parental transportation is available or free transportation is provided by the educational institution, school district or local governmental agency. This restricted license shall not be granted for travel to and from social events or extracurricular school activities. This restricted license may be granted for travel to and from and working at the person's regular place of employment if reasonable public transportation is not available and the person's earnings are essential to the well-being of the family unit. An order allowing a restricted license shall state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle and shall be made a part of the judgment of the court. The offender may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of twenty dollars ($20.00), to the department of safety which shall forthwith issue a restricted license embodying the limitations imposed; provided, that the person must first reach proper age and comply with all testing requirements. After proper application and until the restricted license is issued, a certified copy of the order of judgment of the court may serve as the motor vehicle operator's license.
4. (4) For a motion under this section to be properly before a court for consideration, the local district attorney general must have received at least ten (10) days' prior notice of the motion, together with the time and place it will be considered. The motion must be joined in by a custodial parent or legal guardian of the offender, if the offender is an unemancipated juvenile at the time the motion is made. A custodial parent or legal guardian must appear in court with the offender if the offender is an unemancipated juvenile at the time the motion is made. The motion shall state whether any prior orders of denial have been issued by any court and shall include as exhibits any prior orders of denial so issued.
5. (5) The local district attorney general or assistant district attorney general has the right to present evidence and be heard in proceedings under this section.
(b) Any restricted license issued under this section shall be subject to renewal in the same manner as other licenses.
(c) In the prosecution of second or subsequent offenders, the indictment, petition, or charging instrument must allege any prior orders of denial imposed for the violation of any provisions of this part, setting forth the time and place of each order.
(d) If a court orders the issuance of a restricted license to any person pursuant to this section, and the person is an unemancipated juvenile, the court shall order the custodial parent or legal guardian to certify to the court, in writing, at six (6) week intervals the person's continuing compliance with the restrictive conditions.

§ 55-10-706. Expiration of denial period — Eligibility for license — Driver safety or alcohol education programs.

(a) On the expiration of the applicable period of denial set out in § 55-10-702(a), if a person has not become eligible to receive a license under § 55-10-703, then, for a person to be eligible to receive a Tennessee driver license, the person must pay a twenty dollar ($20.00) reinstatement fee, comply with all testing requirements and pay all other driver license fees.
(b) Additionally, before an offender becomes eligible to receive a driver license under this section, the court shall require the offender to complete, to the court's satisfaction, a driver safety course certified by the department of safety or an early intervention program or a youth alcohol safety education program certified by the department of mental health and substance abuse services or weapons safety course certified by the department of safety.

§ 55-10-707. Construction of part — Penalties supplemental.

(a) This part shall not be construed to limit in any way § 55-50-303 or § 55-50-502, nor to limit the power and authority of the department of safety to revoke or suspend a driver license under chapter 50 of this title.
(b) The penalties imposed by this part shall be in addition to and supplemental to any other penalties imposed by law.

§ 55-10-708. Data search to determine offender status — Applicants for restricted license or removal of denial order.

(a) Notwithstanding any other provision of this part to the contrary, any district attorney general or assistant district attorney general shall be authorized to call upon the driver control division to search the data compiled for the purpose of ascertaining whether a person applying for a restricted license under this part or applying for a withdrawal of an order of denial under this part has had other orders of denial or restricted licenses issued.
(b) Upon request of any district attorney general or assistant district attorney general, the driver control division shall send the requestor a certified copy of such other orders of denial or restricted licenses.

§ 55-10-709. Inspection of records.

Any record developed pursuant to this part shall be subject to the same limited inspection provisions found in §§ 37-1-153 and 37-1-154.

§ 55-10-710. Provisions of part in pamphlets for schools and driver license examination manuals.

The department of safety shall prepare a pamphlet describing this part for distribution to students in all schools. The department shall also describe this part in the driver manual used to prepare applicants for the license examination.

§ 55-10-711. Denial of driving privileges — Expunction from records — Requirements.

If a person's driving privileges have been denied pursuant to this part, when the person becomes eighteen (18) years of age, all records relating to the denial maintained by the court in which the conviction or adjudication occurred and by the department of safety shall be expunged and the driving record maintained by the department on the person shall not reflect that a denial of driving privileges occurred. This section shall apply only upon the expiration of the denial or suspension previously ordered by the juvenile court judge and when all requirements for reinstatement have been met.

Part 8 Tennessee Unattended Children in Motor Vehicle Safety Act

§ 55-10-801. Short title.

This part shall be known and may be cited as the “Tennessee Unattended Children in Motor Vehicle Safety Act.”

§ 55-10-802. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Motor vehicle” means any self-propelled vehicle, including a truck, truck tractor, motor bus, or other vehicle not operated exclusively or driven on fixed rails or tracks; and
2. (2) “Unattended child” means a child younger than seven (7) years of age who is not accompanied by another person who is at least thirteen (13) years of age.

§ 55-10-803. Offense of leaving child unattended in motor vehicle — Penalty.

(a) It is an offense for a person responsible for a child younger than seven (7) years of age to knowingly leave that child in a motor vehicle located on public property or while on the premises of any shopping center, trailer park, or any apartment house complex, or any other premises that is generally frequented by the public at large without being supervised in the motor vehicle by a person who is at least thirteen (13) years of age, if:
1. (1) The conditions present a risk to the child's health or safety;
2. (2) The engine of the motor vehicle is running; or
3. (3) The keys to the motor vehicle are located anywhere inside the passenger compartment of the vehicle.
(b) A violation of this section is a Class B misdemeanor punishable only by a fine of two hundred dollars ($200) for the first offense.
(c) A second or subsequent violation of this section is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).

§ 55-10-804. Community education course for violators.

(a) Any person violating this part may be required, at the discretion of the court, to attend a community education course approved by the department of safety that includes education on the dangers of leaving young children unattended in motor vehicles in addition to or in lieu of any portion of other penalty imposed. If the course is approved by the department, it may be operated and conducted by a:
1. (1) County, municipality or other entity of local government;
2. (2) Nonprofit organization as defined by the Internal Revenue Code (26 U.S.C. § 501(c)(3)); or
3. (3) Private entity that:
  1. (A) Is licensed by the secretary of state to conduct business in this state, if required of the entity by state law;
  2. (B) Is registered with the department of revenue for all applicable taxes; and
  3. (C) Conducts at least two (2) courses per calendar year, whether in person or online.
(b) A reasonable fee between fifty dollars ($50.00) and one hundred seventy-five dollars ($175) may be assessed for the community education course. No fee shall be assessed upon proof of a person's inability to pay. The fee shall apply only to community education courses that may be required pursuant to this section, and shall not apply to any program offered pursuant to title 49, chapter 1, or to any other driving instruction school.
(c) By operating a community education course pursuant to subsection (a), the entity operating or conducting the course consents to the inspection of all records concerning the course by the department of safety; provided, that inspection made pursuant to this subsection (c) shall not preclude inspection of any records pursuant to any other applicable law.
(d) Each court clerk shall provide a list of approved entities in the county to any person ordered to attend a community education course.
(e) Nothing in this section shall be construed to prohibit prosecution under any other law.

Chapter 12 Financial Responsibility

Part 1 Tennessee Financial Responsibility Law of 1977

§ 55-12-101. Short title.

This part shall be known and may be cited as the “Tennessee Financial Responsibility Law of 1977.”

§ 55-12-102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Autocycle” means an autocycle as defined in § 55-1-103;
2. (2) “Bond” means irrevocable bond executed by a corporate surety company licensed to do business as a corporate surety company in this state, with penalties of like amounts as those pertaining to an insurance policy or the amount of damages suffered, whichever is less, the bond to guarantee the payment of any final judgment which might thereafter be rendered against the bonded party resulting from the accident up to and including the total amount of the bond, except the bond may specify a limited payment to those persons who have at the time of its execution filed claims with the commissioner, and shall contain a clause therein that it shall remain in force for one (1) year from the date of the accident or until final determination of any court action brought as a result of the accident, whichever may be the longer period of time;
3. (3) “Commissioner” means the commissioner of safety, unless otherwise indicated or unless the context otherwise requires;
4. (4) “Judgment” means any judgment that shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof;
5. (5) “License” means any license, temporary instruction permit, or temporary license issued under the laws of this state, or any other state, pertaining to the licensing of persons to operate motor vehicles within this state;
6. (6) “Motor vehicle” means every self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with motor vehicles, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. “Motor vehicle” does not include “motorized bicycle” as defined in § 55-8-101;
7. (7) “Motor vehicle liability policy” means an “owner's policy” or “operator's policy” of liability insurance, certified as provided in § 55-12-120 or § 55-12-121 as proof of financial responsibility, and issued, except as otherwise provided in § 55-12-121 by an insurance carrier duly licensed or admitted to transact business in this state, to or for the benefit of the person named therein as insured;
8. (8) “Nonresident” means every person who is not a resident of this state;
9. (9) “Nonresident operating privileges” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation of a motor vehicle, or the use of a motor vehicle owned by the nonresident, in this state;
10. (10) “Operator” means:
  1. (A) For purposes of a conventionally operated vehicle, every person who is in actual physical control of a motor vehicle whether or not licensed as an operator or chauffeur under the laws of this state;
  2. (B) For purposes of a vehicle operating in a platoon, as defined by § 55-8-101, the person in control of the lead vehicle of the platoon; and
  3. (C) For purposes of an ADS-operated vehicle, as defined by § 55-30-102, and when the ADS is engaged, the ADS;
11. (11) “Owner” means a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this part;
12. (12) “Proof of financial responsibility” or “proof of financial security” means:
  1. (A)
    1. (i) If proof is required after December 31, 1989, but prior to January 1, 2009, such proof means:
      1. (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident;
      2. (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than ten thousand dollars ($10,000) for damage to property in any one (1) accident;
      3. (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or
      4. (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000);
    2. (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 1989, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(A)(i)(a)-(d) as of the first renewal after that date;
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  2. (B)
    1. (i) If proof is required after December 31, 2008, but prior to January 1, 2017, proof means:
      1. (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident;
      2. (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident;
      3. (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or
      4. (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000);
    2. (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2008, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(B)(i)(a)-(d) as of the first renewal after December 31, 2008;
  3. (C)
    1. (i) If proof is required after December 31, 2016, but prior to January 1, 2023, proof means:
      1. (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident;
      2. (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident;
      3. (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or
      4. (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000);
    2. (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2016, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(C)(i)(a)-(d) as of the first renewal after December 31, 2016;
  4. (D)
    1. (i) If proof is required after December 31, 2022, proof means:
      1. (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident;
      2. (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident;
      3. (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or
      4. (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); and
    2. (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2022, is not in violation of the law if the policy meets the limits specified in subdivisions (12)(D)(i)(a)-(d) as of the first renewal after December 31, 2022;
13. (13) “Registration” means a registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles; and
14. (14) “State” means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.

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§ 55-12-103. Administration — Enforcement — Rules and regulations — Appeals — Judicial review.

(a) Except as otherwise specifically provided, the commissioner shall administer and enforce this chapter, may make rules and regulations necessary for its administration, and shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under this chapter; provided, that the requests are made within twenty (20) days following the order or act and that failure to make the request within the time specified shall without exception constitute a waiver of the right.
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(b) Any person aggrieved by an order or act of the commissioner under this chapter may seek judicial review of the order or act as provided by § 4-5-322.

§ 55-12-104. Report of accident required — Suspension of registration or operating privileges for failure to report — Restoration — Access to information.

(a)
1. (1) The operator of a motor vehicle that is in any manner involved in an accident within this state in which any person is killed or injured, or in which damage to the property of any one (1) person, including the operator, in excess of one thousand five hundred dollars ($1,500) is sustained, shall report the matter in writing to the commissioner within twenty (20) days after the occurrence of the accident. If the operator fails or is physically incapable of making the report, the owner of the motor vehicle involved in the accident shall, upon learning of the accident, report the matter in writing to the commissioner. The operator or the owner shall make other and additional reports relating to the accident as the commissioner shall require.
2. (2) If an accident results in damage to state or local government property in excess of four hundred dollars ($400), then the driver of the vehicle involved in the accident shall file a written report in accordance with subdivision (a)(1).
(b) The form of the accident report required under this section shall contain information sufficient to enable the commissioner to determine whether the requirements for the deposit of security under this part are inapplicable by reason of the existence of insurance or other exceptions specified in this part. The commissioner may rely upon the accuracy of the information, unless and until there is reason to believe that the information is erroneous.
(c) If a report of the accident is not received by the commissioner of safety within twenty (20) days, as required by subsection (a), the commissioner may issue a notice of suspension of the operator's license and, immediately upon request by the commissioner of safety, the commissioner of revenue shall issue a notice of suspension of the registration of the motor vehicle involved. Notices of the suspension of the operator's license and the motor vehicle's registration shall be sent by United States mail not less than twenty (20) days prior to the effective date of suspension. Each notice shall state that the vehicle's operator or owner, or both, are entitled to an administrative hearing held by the commissioner of safety, or the commissioner's delegate, pursuant to a request under § 55-12-103(a). The commissioner of safety shall suspend the license or nonresident operating privileges, and shall request that the commissioner of revenue suspend the motor vehicle registration of any person involved in an accident as a motor vehicle operator or owner in this state who willfully fails, refuses or neglects to make or have filed an accident report on that person's behalf. A person whose motor vehicle operating privileges have been so suspended may obtain restoration of driving privileges by filing a report of the accident and paying a restoration fee of twenty-five dollars ($25.00) to the commissioner of safety. If the registration of the motor vehicle involved in the accident has been suspended, upon receipt of that payment, the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately.
(d) The requirements of this section in regard to the filing of the accident report shall not apply to:
1. (1) Vehicles owned by the United States, this state, or any political subdivision of this state or any municipality therein; or the operator of any vehicle so owned, when the vehicle is involved in an accident;
2. (2) The owner or operator of any vehicle where there is no physical contact with another vehicle or object or person; or
3. (3) The owner of a vehicle that at the time of the accident was parked, unless the vehicle was parked at a place where parking at the time of the accident was prohibited under any applicable law or ordinance.
(e) At any time after five (5) years from the date of suspension, the department of safety may, in its own discretion, or upon request of the person required to file an accident report, withdraw the suspension of the driver's operating privileges and the commissioner of revenue, upon request by the commissioner of safety and upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55- 4-112 or § 55-4-113, shall immediately reinstate the motor vehicle owner's registration; provided, that the records of the department of safety establish that the person, during the preceding five (5) years, has not been convicted of any offense authorizing or requiring suspension, revocation, prohibition, or cancellation of a license or registration upon order of the department or a court arising from a conviction for a violation of the law.
(f)
1. (1) Parties involved in an accident that is reported to the department as required in subsection (a) shall be permitted to obtain a copy of any document on file with the department that contains proof of financial responsibility that has been filed by other involved parties in the same accident.
2. (2) Requests for these documents shall be made in writing by the individual seeking the information on a form supplied by the department. Only one (1) document may be received for each form received, and each request shall be accompanied by a fee of five dollars ($5.00), payable to the department.
3. (3) In no event shall the information supplied by the department include policy limits.
(g) The owner of an ADS-operated vehicle, as defined by § 55-30-102, is solely responsible for compliance with the requirements for filing the accident report under subsection (a).

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§ 55-12-105. Security deposit following accident — Acceptable proof of financial security — Revocation of registration or operating privileges for failure to deposit security — Notice — Appeal.

(a) The commissioner shall, upon receiving an accident report of an accident occurring in this state that has resulted in bodily injury, or death, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500), and upon determining that there is a reasonable possibility of a judgment against the owner, operator, or both, and upon receiving notice of a claim filed against the owner, operator, or both, revoke the license and shall request the commissioner of revenue to immediately revoke all registrations of the owner, operator, or both, of a motor vehicle involved in the accident, and in case of a nonresident, the privilege of operating a motor vehicle within this state and of the use within this state of any motor vehicle owned by the nonresident, unless the operator, owner, or both, deposits security in a sum that shall be sufficient in the judgment of the commissioner, and in no event less than one thousand five hundred dollars ($1,500), to satisfy any judgment or judgments resulting from the accident that may be recovered against the operator, owner, or both.
(b) The following, and only the following, shall be acceptable proof of financial security:
1. (1) Filing of written proof of insurance coverage with the commissioner on forms approved by the commissioner;
2. (2) The deposit of cash with the commissioner of no less than the amount specified in § 55-12-102, or in the total amount of all damages suffered, whichever is less, subject to a minimum deposit of one thousand five hundred dollars ($1,500);
3. (3) The execution and filing of a bond with the commissioner of no less than the amount specified in § 55-12-102, or in the total amount of all damages suffered, whichever is less, subject to a minimum bond of one thousand five hundred dollars ($1,500); or
4. (4) The submission to the commissioner of notarized releases executed by all parties who had previously filed claims with the department as a result of the accident.
(c) Any notice of revocation issued under this section shall be sent by United States mail to the last known address of the operator and owner not less than twenty (20) days prior to the effective date of revocation, and shall state the amount required as security, and that the operator, owner, or both are entitled to an administrative hearing conducted by the commissioner of safety or the commissioner's delegate pursuant to a request under § 55-12-103(a). Any request for an administrative hearing must be submitted in writing on or before the effective date of the proposed revocation.
(d) Notwithstanding this section to the contrary, if an accident results in damage to state or local government property in excess of four hundred dollars ($400), then this section shall apply, and if a deposit of cash or an execution and filing of a bond is made as proof of financial security, then the minimum security deposit or bond is five hundred dollars ($500).

§ 55-12-106. Exceptions to requirement of security and revocation — Additional acceptable proof of financial security.

The requirements of security and revocation contained in this part shall not apply to:
1. (1) An operator or owner, if the owner had in effect at the time of the accident, an automobile liability policy or bond with respect to the vehicle involved in the accident, except that an operator shall not be exempt under this subdivision (1) if, at the time of the accident, the vehicle was being operated without the owner's permission, either expressed or implied;
2. (2) An operator who is not the owner of the vehicle involved in the accident, if there was, in effect at the time of the accident, an automobile liability policy or bond with respect to driving a vehicle not owned by the operator;
3. (3) An operator or owner whose liability for damages resulting from the accident is, in the judgment of the commissioner, covered by another form of liability insurance policy or bond;
4. (4) Any owner qualifying as a self-insurer or to any operator of a vehicle owned by a person qualifying as a self-insurer as outlined in § 55-12-111;
5. (5) Any operator or owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;
6. (6) An owner of a motor vehicle, if at the time of the accident the vehicle was being operated without the owner's permission, either expressed or implied, or was parked by a person who had been operating the motor vehicle without permission;
7. (7) Any owner or operator who shall submit, on or before the date of revocation, proof satisfactory to the commissioner of acceptance of liability for the accident and an agreement concerning the payment of damages satisfactory to all parties claiming damages. This exemption shall not apply, however, if the owner or operator fails to carry out the terms of the agreement. The commissioner may at any time within three (3) years after the accident, upon notice of such failure, take any action that might have been taken had the agreement not been made;
8. (8) Vehicles owned by the United States, this state or any political subdivision of this state or any municipality therein, or to the operator of any vehicle so owned, when the vehicle is involved in an accident;
9. (9) Any vehicle owned and operated by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission;
10. (10) Any person licensed and engaged in the business of renting or leasing motor vehicles to be operated on the public highways shall be required only to furnish proof of financial ability to satisfy any judgment or judgments rendered against the person in the person's capacity as owner of the motor vehicle, and shall not be required to furnish proof of its financial ability to satisfy any judgment or judgments rendered against the person to whom the motor vehicle was rented or leased at the time of the accident;
11. (11) A driver or owner of a vehicle that, at the time of the accident, was parked, unless the vehicle was parked at a place where parking at the time of the accident was prohibited by any applicable law or ordinance, or unless the vehicle was parked in an otherwise unlawful manner;
12. (12) Any person employed by the government of the United States, while the person is acting within the scope of the office or employment and is involved in a motor vehicle accident;
13. (13) An owner or operator of any vehicle where there is no physical contact with another vehicle or object or person, unless a judgment has been obtained;
14. (14) A driver or owner of a vehicle who has submitted to the commissioner on or before the date of revocation notarized releases executed by all parties who have previously filed claims with the department as a result of the accident; or
15. (15) Any person who has obtained a discharge in bankruptcy that discharged all claims against the person because of the accident listed in the petition; provided, that the discharge shall not relieve the person from the requirements of giving and maintaining proof of financial responsibility as required by § 55-12-126, and the person must pay a restoration fee of sixty-five dollars ($65.00) and pass the driver license examination.

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§ 55-12-107. Minimum requirements of insurance policy or bond for security — Acceptable proof of existence of insurance or bond.

(a) No policy or bond shall be effective under § 55-12-106, unless issued by an insurance company or surety company licensed to do business in this state, except as provided in subsection (b), and unless the policy or bond provides security not less than the amounts specified in § 55-12-102.
(b) No policy or bond shall be effective under § 55-12-106 with respect to any motor vehicle that was not registered in this state or that was registered elsewhere as of the effective date of the policy or bond or the most recent renewal thereof, unless the policy or bond executes a power of attorney authorizing the commissioner to accept service on its behalf of notice or process of any action upon the policy or bond arising out of the accident.
(c) The commissioner may rely upon the accuracy of the information in the report of an accident as to the existence of insurance or a bond unless and until the commissioner has reason to believe that the information is erroneous.

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§ 55-12-108. Duration of suspension or revocation for failure to report accident or deposit security — Restoration — Determination of fault inadmissible in court of law.

(a) Any license, registration, or nonresident's operating privilege suspended or revoked under authority of this part shall remain suspended or revoked and shall not be renewed, nor shall any license or registration be issued to the person until:
1. (1) The person whose driver license and registration have been suspended by authority of § 55-12-104 shall file an accident report and pay a restoration fee of twenty-five dollars ($25.00);
2. (2) A court has rendered a final judgment that relieves the revoked person of any liability for the accident for which failure to deposit security caused revocation;
3. (3) One (1) year from the date of the accident has expired and proof is submitted that no court action has been brought as a result of the accident or when the revoked party has deposited security;
4. (4) A court has rendered a judgment and the judgment is paid, payment of which relieves the revoked party of any further liability for the accident for which failure to deposit security caused revocation;
5. (5) The owner or operator files with the commissioner notarized releases executed by all parties who have previously filed claims with the department as a result of the accident;
6. (6) The person submits a discharge in bankruptcy that discharges all claims of persons involved in the accident with that person; provided, that the discharge from payment of the claims shall not relieve the person from the financial responsibility requirements specified in subdivision (a)(8);
7. (7) The owner or operator submits proof satisfactory to the commissioner of acceptance of liability for the accident and an agreement satisfactory to all parties claiming damages concerning the payment of damages; provided, however, that, if the owner or operator fails to carry out the terms of the agreement, the commissioner may at any time within three (3) years after the accident, upon notice of such failure, take any action that the commissioner might have taken had the agreement not been made; or
8. (8) The person, in addition to the requirements of subdivisions (a)(3)-(7) for restoration of privileges, shall also give and maintain proof of financial responsibility as required under § 55-12-126, pay a sixty-five-dollar restoration fee and pass the driver license examination as a condition precedent to the restoration of such privileges.
(b) The determination by the department as to fault shall be purely an administrative decision and shall not be admissible in any court of law.
(c) If a motor vehicle operator or owner has met the requirements set forth in subsection (a) to have the registration of a motor vehicle reinstated, the commissioner of revenue, upon request of the commissioner of safety and upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, shall immediately make that reinstatement.

§ 55-12-109. Report of suspension or revocation of nonresident's operating privileges — Revocation or suspension of resident's registration and operating privileges for accidents in other states — Restoration. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) When a nonresident's operating privilege is suspended or revoked pursuant to this part, the commissioner shall transmit a certified copy of the record of this action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of the other state provides for action in relation thereto similar to the provisions set forth in subsection (b).
(b) Upon receipt of a certification that the operating privilege of a resident of this state has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident under circumstances that would require the commissioner to suspend or revoke a nonresident's operating privilege had the accident occurred in this state, the commissioner shall suspend or revoke the license and immediately upon request by the commissioner of safety, the commissioner of revenue shall suspend or revoke all registrations of the operator and owner of a motor vehicle involved in the accident. The suspension or revocation shall continue until the resident furnishes the commissioner of safety evidence of compliance with the law of the other state relating to the deposit of such security, gives and maintains proof of financial responsibility as required under § 55-12-126, pays a sixty-five-dollar restoration fee to the commissioner of safety, and passes a driver license examination as a condition precedent to the restoration of such privilege. If the motor vehicle operator or owner has met the requirements set forth in this subsection (b) to have the registration of a motor vehicle reinstated, the commissioner of revenue, upon request of the commissioner of safety and upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, shall immediately make that reinstatement.
(c) At any time after five (5) years from the date of revocation, the department of safety may, in its own discretion, or upon request of the person required to furnish proof of financial responsibility, release the requirement of that proof, if the records of the department of safety establish that the person, during the preceding five-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license or registration by the department of safety, the department of revenue or a court arising from a conviction for a violation of the law. If the department of safety, pursuant to this subsection (c), releases the requirement that a person furnish proof of financial responsibility, and if that person's motor vehicle registration has been revoked or suspended due to failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55- 4-112 or § 55-4-113, the registration shall be reinstated immediately. Notwithstanding any other law to the contrary, this subsection (c) shall not apply if there is an unsatisfied judgment based on a motor vehicle accident.

§ 55-12-110. Proof of damages sustained — Determination of amount of financial security required.

(a) Any party who has suffered damages as a result of an accident may submit to the commissioner an affidavit or an accident report showing thereon the amount of damages suffered. The affidavit or accident report, when properly executed, shall, for the purpose of this chapter, be accepted by the commissioner as satisfactory evidence to indicate the amount of actual damages, unless evidence to the contrary is received, in which case the commissioner shall, for the purposes of this chapter, determine the damages from written evidence submitted to the commissioner.
(b) In no case shall security be required that is greater in amount than that specified in § 55-12-102, and in no event shall this security be in an amount less than five hundred dollars ($500).
(c) In any case where the amount of security required in this section is questioned by any party required to deposit security, that party shall deposit security in the maximum amount as designated in subsection (b) until the amount of actual damages suffered is determined by a final judgment of a court of competent jurisdiction.

§ 55-12-111. Self-insurers.

(a) Any person in whose name more than twenty-five (25) vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c).
(b) Any recognized religious sect or division having established tenets or teachings and that has been in existence at all times since December 31, 1950, may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c) if the department determines that all of the following conditions are met:
1. (1) Members of the religious sect or division operate more than twenty-five (25) motor vehicles that are registered in this state and are either owned or leased by them;
2. (2) The members hold a common belief in mutual financial assistance in time of need to the extent that they share in financial obligations of other members who would otherwise be unable to meet their obligations;
3. (3) The religious sect or division is financially solvent and not subject to any actions in bankruptcy, trusteeship, receivership or any other court proceeding in which the sect or division's financial solvency is in question;
4. (4) Neither the religious sect or division nor any of its participating members has any judgments arising out of the operation, maintenance or use of a motor vehicle taken against them that have remained unsatisfied for more than thirty (30) days after becoming final; and
5. (5) There are no other factors that cause the department to believe that the religious sect or division and its members are not of sufficient financial ability to pay judgments taken against them.
(c) The commissioner has the discretion, upon the application of the person or religious sect or division, to issue a certificate of self-insurance when satisfied that the person or religious sect or division is possessed and will continue to be possessed of an ability to pay any judgments that might be rendered against the person or religious sect or division.
(d) The commissioner may, at any time after the issuance of a certificate of self-insurance, cancel the certificate by giving thirty (30) days' written notice of cancellation should there be reason to believe that the person or religious sect or division to whom this certificate was issued is no longer qualified as a self-insurer under this section.

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§ 55-12-112. Custody of security — Payment of judgments — Return of deposit.

(a) Any money deposited with the commissioner in compliance with the requirements of this chapter shall be deposited by the commissioner in the custody of the state treasurer, and shall be applicable only to the payment of a judgment or judgments rendered against the person making the deposit or the person in whose behalf the deposit was made. The commissioner is authorized to pay out of any funds deposited in compliance with the requirements of this chapter, the amount of any final judgment returned against the party making the deposit or the person in whose behalf the deposit was made, upon receipt of a certified copy of the final judgment.
(b) After expiration of one (1) year from the date of the accident for which deposit has been made, the commissioner shall, upon receipt of a sworn statement of the party making the deposit that no court action has been brought as a result of the accident for which the deposit was made, return the deposit to the person making the deposit. Should the commissioner have reason to believe that this sworn statement is not true, additional proof may be required to substantiate the statement as the commissioner considers necessary.

§ 55-12-113. “Conviction” defined.

“Conviction” includes a failure to satisfy a citation, a refusal to submit to a drug or alcohol test, or a forfeiture of bail or other security deposited to secure the defendant's appearance in court, which forfeiture has not been vacated.

§ 55-12-114. Suspension of all registrations upon suspension or revocation of license — Exception upon filing proof of financial responsibility — Release — Compliance by Tennessee resident moving to or returning from another state. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Whenever the commissioner of safety, under any law of this state, suspends or revokes the license of any person by reason of a conviction, then the commissioner of safety shall request that the commissioner of revenue suspend or revoke all registrations in the name of that person and those registrations shall be suspended or revoked immediately; provided, that the registrations in the name of that person shall not be suspended, unless otherwise required by law, if that person has previously given or shall immediately give and shall maintain for three (3) years, proof of financial responsibility.
(b) Prior to the issuance of a restricted license as authorized by §§ 55-10-409, 55-50-502 and 55-50-505, the licensee shall give and maintain for the duration of the license's suspension or revocation proof of financial responsibility as required by § 55-12-126.
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- 55-50-502(j)(10)
(c) When the person's license or registrations or both license and registrations are restored after suspension or revocation, the person shall give and shall maintain for three (3) years proof of financial responsibility as required by § 55-12-126, pay a one hundred-dollar restoration fee and pass the driver license examination as a condition precedent to the restoration of the license. Any person convicted of driving on a revoked license pursuant to § 55-50-504, when the original suspension or revocation was made for a violation of an offense not requiring mandatory revocation, shall pay a sixty-five-dollar restoration fee. Upon restoration of a person's license, the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, that registration shall be reinstated immediately.
(d) At any time after five (5) years from the date of revocation, the department of safety may, in its own discretion, or upon request of the person required to furnish proof of financial responsibility, release the requirement of that proof, if the records of the department of safety establish that the person, during the preceding five-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license or registration by the department of safety or by the department of revenue, and has not suffered suspension, revocation, prohibition, or cancellation of license as ordered by the department of safety or by a court. If the department of safety, pursuant to this subsection (d), releases the requirement that a person furnish proof of financial responsibility, and if that person's motor vehicle registration has been suspended or revoked due to failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment of the appropriate motor vehicle registration fees to the commissioner of revenue provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately. Notwithstanding any other law to the contrary, this subsection (d) shall not apply if there is an unsatisfied judgment based on a motor vehicle accident.
(e) A Tennessee resident who moves to another state during the period of any cancellation, suspension, or revocation in this state shall be deemed to be in compliance with this section when certification is received by the department that financial responsibility laws have been met in the new state, and upon meeting all other requirements and conditions for reinstatement of driving privileges in this state. If the person returns to this state as a legal Tennessee resident and reapplies for a Tennessee driver license, the requirements for regaining driving privileges shall be the same as any other Tennessee resident.
(f) When any driver licensed in another state applies for a Tennessee driver license, and a cancellation, suspension, or revocation action from the former state is in effect, the department, upon compliance with provisions of this title, may issue a Tennessee driver license to the driver as if the original action had been taken in this state.

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§ 55-12-114. Suspension of all registrations upon suspension or revocation of license — Restoration fee — Exception upon filing proof of financial responsibility — Release — Compliance by Tennessee resident moving to or returning from another state. [Effective on January 1, 2024. See the version effective until January 1, 2024.]

(a) Whenever the commissioner suspends or revokes the license of a person by reason of a conviction, the commissioner shall request that the commissioner of revenue suspend or revoke all registrations in the person's name, and the commissioner of revenue shall suspend or revoke those registrations immediately; provided, that the registrations in the person's name must not be suspended or revoked, unless otherwise required by law, if the person provides and maintains proof of financial responsibility for the length of the license's revocation or suspension.
(b) Prior to the issuance of a restricted license as authorized by § 55-10-409, § 55-50-502, or § 55-50-505, the licensee shall provide to the department of safety proof of financial responsibility as required by § 55-12-126. The licensee shall maintain such proof of financial responsibility for the duration of the license's suspension or revocation, as required by § 55-12-126.
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- 55-50-502(j)(10)
(c) When a person's license is restored after suspension or revocation, the person shall pay a one-hundred-dollar restoration fee, unless the person was convicted of driving on a revoked license pursuant to § 55-50-504 and the original suspension or revocation was made for a violation of an offense not requiring mandatory revocation, in which case the person shall pay a sixty-five-dollar restoration fee. If the license has been expired, revoked, or suspended for more than one (1) renewal cycle, as described in § 55-50-337, then the person must pass the driver license examination. Payment of the appropriate restoration fee and, if applicable, passage of the driver license examination are conditions precedent to the restoration of the license. Upon restoration of a person's license, the commissioner of safety shall request that the commissioner of revenue reinstate the person's registrations and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112, or § 55-4-113, the registrations must be reinstated immediately, unless the person has another suspension or revocation under this chapter preventing reinstatement.
(d)
1. (1) In order to reinstate a driver license after suspension or revocation, if the person did not have a restricted license issued under subsection (b), or was not eligible for a restricted license, the person shall provide proof of financial responsibility prospectively for a length of time equal to the length of time for which the suspension or revocation was in effect.
2. (2) A person who is not eligible for a restricted license may provide proof of financial responsibility during the person's revocation or suspension period to satisfy this proof requirement. A person who provides proof of financial responsibility during the entire suspension or revocation period is not required to provide proof of financial responsibility to reinstate a driver license.
(e) The department of safety may release a person's requirement to provide proof of financial responsibility after the expiration of the period of suspension or revocation, if the department of safety's records establish that during the suspension or revocation period, the person was not convicted of an additional offense authorizing or requiring the suspension or revocation of the person's license, nor was the person's license suspended, revoked, prohibited, or cancelled due to a separate violation of law. If the department of safety, pursuant to this subsection (e), releases the requirement that a person furnish proof of financial responsibility, and if the person's motor vehicle registration has been suspended or revoked because of the person's failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the person's registration and, upon payment of the appropriate motor vehicle registration fees to the commissioner of revenue provided by § 55-4-111, § 55-4-112, or § 55-4-113, the registration must be reinstated immediately. Notwithstanding another law to the contrary, this subsection (e) does not apply if there is an unsatisfied judgment based on a motor vehicle accident.
(f) A Tennessee resident who moves to another state during the period of a cancellation, suspension, or revocation in this state complies with this section upon the department of safety receiving certification that the former resident has satisfied the financial responsibility laws of the new state, as well as upon meeting all other requirements and conditions for reinstatement of driving privileges in Tennessee. If the person returns to Tennessee as a Tennessee resident and reapplies for a Tennessee driver license, the requirements for regaining driving privileges are the same as for other Tennessee residents.

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§ 55-12-115. Suspension of driver license for failure to comply with financial responsibility law. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Upon receipt by the commissioner of a record of conviction of failing to show evidence of financial responsibility pursuant to § 55-12-139, the commissioner shall suspend the driver license of the person convicted of this offense.
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- 55-12-129(f)
(b)
1. (1) The person may obtain reinstatement of the person's driver license by meeting the following requirements:
  1. (A) Submitting evidence of financial responsibility as required by this section; and
  2. (B) Paying the fee provided for in § 55-12-129.
2. (2) After satisfying the requirements of subdivision (b)(1), the person will be entitled to the return of such operating privileges upon successfully passing a driver license examination.

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§ 55-12-116. Duration of suspension or revocation under § 55-12-114 — Restoration. [Effective on January 1, 2024. See the version effective until January 1, 2024.]

(a) Where proof of financial responsibility is required by § 55-12-114, the license and registration must remain suspended or revoked and shall not be renewed, a license shall not be issued to the person, and a motor vehicle shall not be registered in the person's name, until permitted by the motor vehicle laws of this state. The licensee shall maintain proof of financial responsibility for the duration of the license's suspension or revocation, as required by § 55-12-126. The licensee shall also pay a sixty-five-dollar restoration fee as a condition precedent to the restoration of the license. Once a person's license is restored, the commissioner of safety shall request that the commissioner of revenue reinstate the person's vehicle registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112, or § 55-4-113, the registration must be reinstated immediately.
(b) The department of safety may release a person's requirement to provide proof of financial responsibility after the expiration of the period of suspension or revocation if the department of safety's records establish that during the suspension or revocation period, the person was not convicted of an additional offense authorizing or requiring the suspension or revocation of the person's license, nor was the person's license suspended, revoked, prohibited, or cancelled due to a separate violation of law. If the department of safety, pursuant to this subsection (b), releases the requirement that a person furnish proof of financial responsibility, and if the person's motor vehicle registration has been suspended or revoked because of the person's failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the person's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112, or § 55-4-113, the registration must be reinstated immediately. Notwithstanding another law to the contrary, this subsection (b) does not apply if there is an unsatisfied judgment based on a motor vehicle accident.

§ 55-12-116. Duration of suspension or revocation under § 55-12-114 — Restoration. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Where proof of financial responsibility is required by § 55-12-114, the license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed, nor shall any license be thereafter issued to the person, nor shall any motor vehicle be thereafter registered in the name of the person, until permitted under the motor vehicle laws of this state and not then until the operator shall give, and maintain for three (3) years, proof of financial responsibility, as required by § 55-12-126, pay a sixty-five-dollar restoration fee and pass the driver license examination as a condition precedent to the restoration of the license. Upon restoration of a person's license, the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately.
(b) At any time after five (5) years from the date of revocation, the department of safety may, in its own discretion, or upon request of the person required to furnish proof of financial responsibility, release the requirement of that proof, if the records of the department of safety establish that the person, during the preceding five-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license or registration by the department of safety or the department of revenue, and has not suffered suspension, revocation, prohibition, or cancellation of license or registration arising from a conviction or a violation of law as ordered by the department or a court. If the department of safety, pursuant to this subsection (b), releases the requirement that a person furnish proof of financial responsibility, and if that person's motor vehicle registration has been suspended or revoked due to failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately. Notwithstanding any other law to the contrary, this subsection (b) shall not apply if there is an unsatisfied judgment based on a motor vehicle accident.

§ 55-12-117. Duration of nonresident's suspension or revocation for failure to file proof of financial responsibility following conviction — Restoration. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Whenever, by reason of a conviction, the commissioner of safety suspends or revokes a nonresident's operating privileges in this state, or requests that the commissioner of revenue suspend or revoke that person's registration privileges, the privileges shall remain suspended or revoked as permitted under the motor vehicle laws of this state until that person immediately gives, and maintains for three (3) years, proof of financial responsibility as required by § 55-12-126 and pays to the commissioner of safety a sixty-five-dollar restoration fee. Upon restoration of that person's license, the commissioner of safety shall request that the commissioner of revenue reinstate that person's motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately.
(b) At any time after five (5) years from the date of revocation, the department of safety may, in its own discretion, or upon request of the person required to furnish proof of financial responsibility, release the requirement of that proof, if the records of the department of safety establish that the person, during the preceding five-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license or registration by the department of safety or by the department of revenue and has not suffered suspension, revocation, prohibition, or cancellation of license or registration arising from a conviction or a violation of law as ordered by the department or a court. If the department of safety, pursuant to this subsection (b), releases the requirement that a person furnish proof of financial responsibility, and if that person's motor vehicle registration has been suspended or revoked due to failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately. Notwithstanding any other law to the contrary, this subsection (b) shall not apply if there is an unsatisfied judgment based on a motor vehicle accident.

§ 55-12-118. Proof of financial responsibility required on final judgment — Suspension or revocation for failure to file proof — Restoration. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Upon receipt of a certified copy of final judgment, the commissioner of safety shall immediately revoke the operator's license of any resident of this state and any nonresident's operating privileges in this state against whom judgment is rendered, if the judgment is not paid within sixty (60) days from the date of final judgment, and no restriction as to time based on the commissioner's authority elsewhere in this chapter shall be a bar to that action under the authority of this section; provided, that any judgment paid to the extent of the limits of financial responsibility specified in § 55-12-102 shall, for the purpose of this section, be considered paid. Immediately upon request by the commissioner of safety, the commissioner of revenue shall revoke all of the motor vehicle registrations of any resident or nonresident against whom the judgment is rendered, if the judgment is not paid within sixty (60) days from the date of final judgment.
(b) Subsection (a) shall not apply if the parties to the judgment submit on or before the date of revocation proof satisfactory to the commissioner that the parties have entered into an agreement satisfactory to all parties concerning the payment of their damages.
(c) Any license or registration revoked under the authority of this section shall remain revoked until it is stayed, satisfied in full as to the extent outlined in subsection (a) or (b), and until the person whose license and registration were revoked shall give and maintain proof of financial responsibility as required by § 55-12-126, pay a one-hundred-dollar restoration fee as required by § 55-12-129, and pass a driver license examination as a condition precedent to the restoration of such privileges. If the department of safety, pursuant to this subsection (c), reinstates a person's operator's license that has been revoked under the authority of this section, then the commissioner of safety shall request that the commissioner of revenue reinstate that person's motor vehicle registrations revoked under authority of this section and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registrations shall be reinstated immediately.

§ 55-12-119. Proof of financial responsibility with respect to a motor vehicle or a person not the owner of the vehicle.

Proof of financial responsibility, when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of the motor vehicle, may be given by filing:
1. (1) A certificate of insurance as provided in § 55-12-120;
2. (2) A bond as provided in § 55-12-102;
3. (3) A deposit in cash with the commissioner of no less than the amount specified in § 55-12-102; or
4. (4) A certificate of self-insurance, as provided in § 55-12-111.

§ 55-12-120. Certificate of insurance as proof of financial responsibility.

Proof of financial responsibility may be furnished by filing with the commissioner the written certificate of any insurance carrier duly authorized to do business in this state, certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. This certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of the motor vehicle.

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§ 55-12-121. Certificate of insurance by nonresident as proof of financial responsibility — Agreement to accept service of process on commissioner.

A nonresident may give proof of financial responsibility by filing with the commissioner a written certificate or certificates of an insurance carrier licensed to transact business in the state in which the motor vehicle, or motor vehicles, owned by the nonresident is registered, or in the state in which the nonresident resides if the nonresident does not own a motor vehicle; provided, that the certificate otherwise conforms with this part. The commissioner shall accept the certificate upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:
1. (1) The insurance carrier shall execute a power of attorney authorizing the commissioner to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state; and
2. (2) The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued therein.

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55-12-102(7)

§ 55-12-122. Motor vehicle liability policy — Contents.

(a) An owner's policy of liability insurance shall designate, by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is thereby granted; and shall insure the person named therein, and any other person using the motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits, exclusive of interest and costs, with respect to each such motor vehicle, which are set forth in § 55-12-102.
(b) An operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon the insured by law for damages arising out of the use by the insured of any motor vehicle not owned by the insured within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.
(c) A motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or endorsement that insurance is provided thereunder in accordance with the coverage defined in this part with respect to bodily injury and death or property damage, or both, and is subject to all of this part.
(d) The motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of the vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
(e) Every motor vehicle liability policy shall be subject to the following provisions, which need not be contained therein:
1. (1) The liability of the insurance carrier, with respect to the insurance required by this part, shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy provisions shall defeat or void the policy. Further, absent a finding of fault on the part of the insured, the policy may not be cancelled or annulled solely due to involvement in a not at fault accident;
2. (2) The satisfaction by the insured of a judgment for the injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage;
3. (3) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subsection (a); and
4. (4) The policy, the written application thereof, if any, and any riders or endorsements that do not conflict with this part, shall constitute the entire contract between the parties.
(f) Any policy that grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage shall not be subject to this part. With respect to a policy that grants the excess or additional coverage, “motor vehicle liability policy” applies only to that part of the coverage that is required by this section.
(g) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the carrier would not have been obligated to make under the terms of the policy except for this part.
(h) Any motor vehicle liability policy may provide for the proration of the insurance thereunder with other valid and collectible insurance.
(i) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers which policies together meet these requirements.
(j) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for the policy.

§ 55-12-123. Notice of cancellation or termination of certified policy.

When an insurance carrier has certified a motor vehicle liability policy under § 55-12-120, insurance so certified shall not be cancelled or terminated until at least ten (10) days after notice of cancellation or termination of the insurance so certified shall be filed with the commissioner, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicles designated in both certificates.

§ 55-12-124. Other auto liability policies not affected.

(a) This part shall not be held to apply to or affect policies of automobile insurance against liability that may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this part, may be certified as proof of financial responsibility under this part.
(b) This part shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured.

§ 55-12-125. Cancellation of bond or policy — Return of deposit. [Effective on January 1, 2024. See the version effective until January 1, 2024.]

(a) Upon request, in any of the following events described in subdivisions (a)(1)-(3), the commissioner shall consent to the immediate cancellation of a bond or certificate of insurance, or the commissioner shall authorize the return of money deposited as proof of financial responsibility, which the state treasurer shall return to the person entitled to the money, or the commissioner shall waive the requirement of filing proof of financial responsibility:
1. (1) At any time after expiration of the period of suspension or revocation if, during the period of suspension or revocation, the person has maintained the bond, certificate of insurance, or deposit for the entire period of suspension or revocation, and the commissioner has not received record of an additional conviction that would require or permit the suspension or revocation of the license, registration or nonresident's operating privilege of the person by or for whom the proof was furnished;
2. (2) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or
3. (3) If the license of a person who has given proof is surrendered to the commissioner and the person's registration is surrendered to the commissioner of revenue.
(b) The commissioner shall not consent to the cancellation of a bond or return of money if:
1. (1) There is a pending action for damages upon a covered liability;
2. (2) A judgment upon the liability is unsatisfied; or
3. (3) In the event the person who has filed the bond or deposited the money has, within the preceding suspension or revocation period, been involved as the owner or operator in a motor vehicle accident resulting in injury or damage to another's person or property.
(c) An affidavit of the applicant as to the nonexistence of the facts in subdivisions (b)(1)-(3), or that the applicant has been released from all liability or has been finally adjudicated not to be liable for such injury or damage, is sufficient evidence thereof in the absence of evidence to the contrary in the records of the commissioner.
(d) If a person whose proof of financial responsibility has been cancelled or returned under subdivision (a)(1) applies to the commissioner for a license within the period of suspension or revocation when proof of financial responsibility was originally required, then the commissioner shall refuse the application and request that the commissioner of revenue refuse any registration application, unless the applicant reestablishes the proof of financial responsibility for the remainder of the suspension or revocation.
(e) The department of safety may release a person's requirement to provide proof of financial responsibility after the expiration of the period of suspension or revocation if the department of safety's records establish that during the suspension or revocation period, the person was not convicted of an additional offense authorizing or requiring the suspension or revocation of the person's license, nor was the person's license suspended, revoked, prohibited, or cancelled due to a separate violation of law. This subsection (e) does not apply if there is an unsatisfied judgment based on a motor vehicle accident.

§ 55-12-125. Cancellation of bond or policy — Return of deposit. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) The commissioner shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or shall direct, and the state treasurer shall return to the person entitled thereto, any money deposited as proof of financial responsibility, or the commissioner shall waive the requirement of filing proof, in any of the following events:
1. (1) At any time after three (3) years from the date the proof was required when, during the three-year period preceding the request, the commissioner has not received record of a conviction that would require or permit the suspension or revocation of the license, registration or nonresident's operating privilege of the person by or for whom the proof was furnished;
2. (2) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or
3. (3) If the license of a person who has given proof is surrendered to the commissioner of safety and the person's registration is surrendered to the commissioner of revenue.
(b) The commissioner shall not consent to the cancellation of any bond or return of any money in the event any action for damages, upon a liability covered by the proof, is then pending or a judgment upon the liability is then unsatisfied, or in the event the person who has filed the bond or deposited the money has, within three (3) years preceding the request, been involved as the owner or operator in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of these facts, or that the applicant has been released from all liability, or has been finally adjudicated not to be liable for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the commissioner.
(c) If a person whose proof has been cancelled or returned under subdivision (a)(1) applies to the commissioner of safety for a license within a period of three (3) years from the date that proof was originally required, the commissioner of safety shall refuse the application and shall request that the commissioner of revenue refuse any registration application, unless the applicant reestablishes the proof for the remainder of the three-year period.
(d) At any time after three (3) years from the date of revocation the department may, upon its own discretion or upon request of the person required to furnish proof of financial responsibility, release the requirement of this proof if the records of the department establish that the person, during the preceding three-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license by the department and has not suffered suspension, revocation, prohibition, or cancellation of license arising from a conviction of a violation of the law as ordered by the department or a court. This subsection (d), however, shall not apply in any case where there is an unsatisfied judgment based on a motor vehicle accident.

§ 55-12-126. Minimum duration of proof requirement — Suspension of license or registration for premature cancellation or termination of proof — Hearing — Restoration of license or registration. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Except for suspensions under § 55-12-115, and the proof required prior to the issuance of a restricted license as provided in § 55-12-114, where a person is required to give proof of financial responsibility, the proof shall be maintained for a period of three (3) years by that person. If a person elects to use a policy of insurance and financial responsibility insurance certificate as proof of financial responsibility under this section, the effective date as appears on the financial responsibility certificate shall be the date upon which financial responsibility has been proven, and financial responsibility shall be maintained for a period of three (3) years.
(b) If a policy of insurance or a bond required under this section and issued to any person is cancelled or terminated, the commissioner of safety shall suspend the license of that person and shall request that the commissioner of revenue suspend that person's motor vehicle registration, unless the person has filed proof of another policy or bond meeting the requirements of this part, and the license of that person shall immediately be surrendered to the commissioner of safety and that person's motor vehicle registration shall immediately be surrendered to the commissioner of revenue. Any notice of suspension issued under this section shall be sent by United States mail to the last known address of the person not less than twenty (20) days prior to the effective date of suspension, and shall state that the operator, owner, or both, are entitled to an administrative hearing before the commissioner of safety or the commissioner's delegate conducted pursuant to a request under § 55-12-103(a). Any request for an administrative hearing must be submitted in writing on or before the final date of suspension.
(c) Any person whose license or registration, or both, have been suspended for failure to maintain evidence of financial responsibility shall, upon reapplying for an operator's license, refile and maintain with the commissioner evidence of financial responsibility, pay a sixty-five-dollar restoration fee and pass the driver license examination. If the commissioner of safety, pursuant to this subsection (c), reinstates a person's operator's license that has been suspended under the authority of this section, then the commissioner of safety shall request that the commissioner of revenue reinstate that person's motor vehicle registration revoked under authority of this section and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately.
(d) At any time after five (5) years from the date of revocation, the department of safety may, in its own discretion or upon request of the person required to furnish proof of financial responsibility, release the requirement of that proof, if the records of the department of safety establish that the person, during the preceding five-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license or registration by the department of safety or by the department of revenue and has not suffered suspension, revocation, prohibition, or cancellation of license or registration upon order of the department or a court arising from a conviction of a violation of the law. If the department of safety, pursuant to this subsection (d), releases the requirement that a person furnish proof of financial responsibility, and if that person's motor vehicle registration has been suspended or revoked due to failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately. Notwithstanding any other law to the contrary, this subsection (d) shall not apply if there is an unsatisfied judgment based on a motor vehicle accident.

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§ 55-12-127. Surrender of license or registration upon revocation, suspension or cancellation — Enforcement officers — Violations — Penalties.

(a) Any person whose license or registration is revoked, suspended or cancelled under any provision of chapter 10 or 50 of this title, or under this part, shall immediately surrender that person's operator's license to the commissioner of safety and surrender that person's motor vehicle registration to the commissioner of revenue. If any person fails to return to the commissioner of safety that person's license, or to return to the commissioner of revenue that person's registration, as provided in this part, the commissioner of safety shall immediately direct any peace officer or enforcement officer of the department of safety to secure possession of the license or registration, and to return the license to the department of safety or the registration to the department of revenue. For the purpose of enforcing this portion of this part, any officer of the department or any local law enforcement officer of any city or county may, when in possession of or having knowledge of an order of surrender, take possession of any suspended, revoked or cancelled driver license and/or vehicle registration in the possession of the driver, when the driver has failed to return the license or vehicle registration to the commissioner of safety or the commissioner of revenue as provided herein. All of the confiscated licenses shall be immediately forwarded to the commissioner of safety and all of the confiscated registrations and plates shall be immediately forwarded to the commissioner of revenue together with the completed notification of service of the order. Upon receipt of the fee provided in subsection (b), the commissioner shall make a payment of twenty-five dollars ($25.00) to the local law enforcement agency seizing the licenses and/or vehicle registration plates, for the remittance of an executed order of suspension, cancellation or revocation and return of all seized licenses and plates. The fees received by the local law enforcement agency shall be deposited in the agency's operational fund account and used for the enforcement of the state's traffic laws, including, but not limited to, chapters 10 and 50 of this title.
(b) It is a Class C misdemeanor for any person to willfully fail, within twenty (20) days after cancellation, suspension or revocation, to return a license or registration as required in subsection (a). Any person who is unable to furnish proof of financial responsibility as of the time of the cancellation, suspension or revocation and who does not surrender the cancelled, suspended or revoked license or registration within twenty (20) days from the date of the cancellation, suspension or revocation shall pay to the department of safety a fee of seventy-five dollars ($75.00) prior to reinstatement of the license or registration. If the department of safety, pursuant to this subsection (b), reinstates a person's license, and if that person's motor vehicle registration has been cancelled, suspended or revoked as required by subsection (a), then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately. This fee shall be in addition to any other fees or requirements necessary for reinstatement.

§ 55-12-128. Matters not to be evidence in civil suits.

Neither the reports required by this part, the action taken by the commissioner pursuant to this part, the findings of the commissioner upon which the action is based, nor the security filed as provided in this part shall be referred to in any way, nor constitute any evidence of the negligence or due care of either party at the trial of any action at law to recover damages.

§ 55-12-129. Fees for reinstatement of license and registration — Installment payment plans.

(a) Whenever a license or registration is suspended or revoked and the filing of proof of financial responsibility is made a prerequisite to reinstatement of the license or registration, or both, or to the issuance of a new license or registration, or both, no license or registration shall be reinstated or a new license or registration issued unless the licensee or registrant, in addition to complying with the other provisions of this part, pays to the commissioner of safety a fee of fifty dollars ($50.00). Only one (1) such fee shall be paid by any one (1) person, irrespective of the number of licenses and registration privileges to be then reinstated or issued to the person. In addition, whenever the commissioner of safety requests that the commissioner of revenue reinstate the motor vehicle registration of a person who has filed proof of financial responsibility, that person shall first pay to the commissioner of revenue the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113 for each registration reinstated and the commissioner of revenue shall then reinstate each registration immediately.
(b) A sixty-five-dollar restoration fee shall be paid, unless otherwise specified by law, for each and every offense committed that provides for the revocation/suspension of driving privileges.
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- 39-14-151(c)(3)
(c) Any person suspended pursuant to § 55-50-502 for failure to satisfy timely a traffic citation shall pay a sixty-five-dollar restoration fee for each such offense; provided, that multiple suspensions arising from a single traffic incident occurring prior to or after July 1, 1998, shall result in one (1) restoration fee per incident when the person's driving privileges are restored. Notwithstanding any other provision of this title, a person suspended pursuant to § 55-50-502, for failure to satisfy timely a traffic citation, shall not be required to pay more than four hundred dollars ($400) in restoration or reinstatement fees for accumulated offenses requiring a fee as provided under subsection (b) at any one time, when the person seeks to have the person's driving privileges restored.
(d) The restoration fee for nonmoving violations, except driver license and registration offenses, shall be thirty-five dollars ($35.00).
(e) Fees paid to the department of safety pursuant to this title shall be expendable receipts to be used by the commissioner of safety toward the cost of administering this title.
(f) From each fee received in accordance with § 55-10-306, the commissioner shall make a payment of ten dollars ($10.00) for the furnishing of a completed report of each conviction resulting in a suspension or revocation, including forfeiture of bail not vacated, or payment of a fine or penalty, for one (1) or more of the offenses enumerated in § 55-12-115(a).
(g)
1. (1) Any person required to pay a reinstatement or restoration fee, in excess of an amount as the commissioner may by rule establish, may petition the department, on a form prescribed by the commissioner, to establish an installment payment plan.
2. (2) Upon successful application, the person may enter into a payment plan subject to the terms and conditions established by the department, including, but not limited to, minimum payment amounts and the duration of the plan.
3. (3) The department is authorized to reinstate a person's driving privileges when the person enters into a payment plan with the department and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
4. (4)
  1. (A) The department, upon the person's failure to comply with the department's payment plan, shall issue, by regular mail to the person's last known address, a notice of intent to suspend the license of the person in thirty (30) days. For the purposes of this subdivision (g)(4)(A), “failure to comply” means failure to pay any installment payment on the date due.
  2. (B) Upon request of the person within thirty (30) days of the date of the notification, the department shall provide the person an opportunity for a hearing to show that the person has, in fact, complied with the department's payment plan. Failure to make the request within thirty (30) days of the date of the notification shall, without exception, constitute a waiver of the right.
  3. (C) Upon waiver of a hearing, or determination of default at the hearing, the department shall suspend the person's driver license pending full payment of all fees authorized by this section.
  4. (D) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to the extent it is consistent with proceedings under this subsection (g).
5. (5) [Deleted by 2022 amendment.]
6. (6) The commissioner shall establish reasonable criteria for participation in the installment payment plan authorized by this subsection (g). The commissioner has the authority to establish a fee for participation in the installment plan authorized by this subsection (g). The department shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, to effectuate this subsection (g).

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§ 55-12-130. Approval of reregistration after revocation — Transfer of registration to avoid law prohibited — Violations — Penalties.

(a) It is unlawful for the commissioner of revenue to reregister any vehicle, the registration of which has been revoked under the authority of this part, unless the written approval of the commissioner of safety is obtained prior to the reregistration, and it is unlawful for any owner whose registration privileges have been revoked to sell the vehicle or vehicles for which the registration has been revoked under the authority of this part without first informing the purchaser that the registration of the vehicle has been revoked, and that before it can again be registered, the written consent of the commissioner of safety must be obtained.
(b) The commissioner is authorized to refuse to permit a vehicle to be reregistered as referred to in subsection (a) if the commissioner determines the vehicle was sold with the intention to defeat the purpose of this part.
(c) A violation of subsection (a) or any part thereof is a Class C misdemeanor. It is also a Class C misdemeanor to fail or refuse to surrender upon demand any revoked license to the department of safety or any revoked registration to the department of revenue.

§ 55-12-131. Driving while license cancelled, suspended, or revoked — Penalties.

Any person whose license, or driving privilege as a nonresident, has been cancelled, suspended, or revoked as provided in this part, and who drives any motor vehicle upon the highways of the state while the license or privilege is cancelled, suspended, or revoked, commits a Class B misdemeanor.

§ 55-12-132. Employer filing proof of financial responsibility for employee — Limited license — Fee — Examination.

Whenever a person whose license is revoked for failure to give proof of financial responsibility is employed or later becomes employed in a position where the nature of that person's employment requires the operation of a motor vehicle, the commissioner may authorize the issuance of a license limited to the operation of vehicles within the scope of the employment, upon being furnished with proof of financial responsibility covering the employee. The person shall pay the sixty-five-dollar restoration fee as required by § 55-12-129, and pass a driver license examination. The commissioner shall designate the restrictions imposed by this section on the face of the person's license.

§ 55-12-133. Substitution of proof.

The commissioner shall consent to the cancellation of any bond or certificate of insurance or the commissioner may direct and the state treasurer shall return any money to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this part.

§ 55-12-134. Additional proof required — Suspension or revocation of license or registration pending filing of additional proof.

Whenever any proof of financial responsibility filed under this part no longer fulfills the purposes for which required, the commissioner shall, for the purpose of this part, require other proof as required by this part and shall suspend the license and the nonresident's operating privilege pending the filing of the proof. If the commissioner of safety suspends a person's license for failure to provide proof of financial responsibility as provided in this part, the commissioner of safety shall also request that the commissioner of revenue suspend that person's motor vehicle registration pending the filing of that proof.

§ 55-12-135. False statements — Perjury — Violations of part — Penalties — Suspension of license.

(a) With respect to the requirements of this part, any person who knowingly submits a false statement under oath to the commissioner commits perjury and shall be subject to the penalties therefor. The commissioner may, upon determining from the records that a person has knowingly made a false statement, suspend the person's driver license for a period not to exceed six (6) months.
(b) Any person who violates any provision of this part for which no specific penalty is provided commits a Class A misdemeanor.

§ 55-12-136. The Tennessee automobile insurance plan.

(a) For the purposes of this section:
1. (1) “Commissioner” means the commissioner of commerce and insurance;
2. (2) “Department” means the department of commerce and insurance; and
3. (3) “Plan” means the Tennessee automobile insurance plan.
(b)
1. (1) There is created a nonprofit, unincorporated legal entity to be known as the Tennessee automobile insurance plan.
2. (2) All insurance companies licensed by the department to write direct automobile liability policies in this state shall be and remain members of the plan as a condition of the companies' authority to transact insurance in this state.
3. (3) The plan shall perform its functions under the plan of operation established and approved under subsection (e) and shall exercise its powers through the governing committee established under subsection (c).
(c)
1. (1) The governing committee of the plan shall consist of eleven (11) individuals serving terms as established in the plan of operation. The members of the governing committee shall be appointed by the commissioner in accordance with procedures set forth in the plan. Each member of the governing committee so selected shall represent an insurer licensed by the department to do business in this state, except that two (2) members of the governing committee shall be insurance producers licensed by the department. Vacancies on the governing committee shall be filled for the remaining period of the term in the same manner as initial appointments.
2. (2) The members of the governing committee appointed under prior law and serving in that capacity on May 7, 2009, shall continue to serve on the governing committee for the purpose of forming the initial operating plan under subsections (d) and (e). Such members are eligible for reappointment to the governing committee upon approval of the initial operating plan by the commissioner.
3. (3) In making appointments to the governing committee, the commissioner shall consider, among other factors, whether all member insurers are fairly represented.
(d)
1. (1) The plan shall:
  1. (A) At a minimum, in a manner fair to the insurers and equitable to their policyholders, apportion among the member insurers those applicants for automobile liability policies who are in good faith entitled to, but are unable to, procure automobile liability policies through ordinary methods. All insurance companies licensed by the department to write automobile liability insurance in this state shall subscribe to and participate in the plan;
  2. (B) Assess member insurers the amounts necessary to pay the obligations of the plan under this section;
  3. (C) Employ or retain persons who are necessary to handle claims and perform other duties required by the plan;
  4. (D) Negotiate and become a party to contracts that are necessary to carry out the purpose of this section;
  5. (E) Establish procedures whereby nominations for the governing committee will be submitted to the commissioner; and
  6. (F) Perform other acts that are necessary or proper to effectuate the purpose of this section.
2. (2) With respect to any suit involving the plan:
  1. (A) Any action relating to or arising out of this section against the plan shall be brought in a court in this state. The court shall have exclusive jurisdiction over any action relating to or arising out of this section against the plan; and
  2. (B) Exclusive venue in any action brought against the plan is in the circuit or chancery court in Davidson County; provided, that the plan may waive such venue as to a specific action.
(e)
1. (1) The plan shall submit to the commissioner a plan of operation and any amendments to the plan of operation necessary or suitable to assure the fair, reasonable, and equitable administration of the plan. The plan of operation and any amendments to the plan of operation shall become effective upon approval in writing by the commissioner.
2. (2) All member insurers shall comply with the plan of operation.
3. (3) The plan of operation shall establish the procedures through which all the powers and duties of the plan under this section shall be performed.
4. (4) The plan of operation may provide that any or all powers and duties of the plan shall be delegated to a corporation, association or other organization that performs or will perform functions similar to those of the plan or its equivalent in two (2) or more states.
(f)
1. (1) Upon request of the governing committee, the commissioner shall provide the plan with a statement of the net direct written premiums of each member insurer.
2. (2) The commissioner may after notice and hearing:
  1. (A) Suspend or revoke the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due or that fails to comply with the plan of operation; or
  2. (B) Impose a civil penalty of not more than five percent (5%) of the unpaid assessment per month on any member insurer that fails to pay an assessment when due; provided, however, that no penalty shall be less than one hundred dollars ($100) per month.
(g)
1. (1) The plan shall be subject to examination by the commissioner. The commissioner may impose an examination fee to cover the costs of administering the examination.
2. (2) The governing committee shall submit to the department, not later than September 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
3. (3) The plan shall submit all rates, supplementary rate information, supporting information, policy forms and endorsements in compliance with all applicable standards set forth in title 56, chapter 5, part 1.
(h) The plan shall be exempt from payment of all fees, except examination fees under subdivision (g)(1) and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property.
(i) There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the plan or its agents or employees, the governing committee or the commissioner or the commissioner's representatives for any action taken by them in the performance of their powers and duties under this section.
(j) Any insurance company that is aggrieved by any ruling or decision of the commissioner made pursuant to this section shall be entitled to a review of the decision in the manner provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 55-12-137. Duty of insurance company to file written proof of insurance when required — Civil penalty for violation.

(a) Whenever, under this part, any person is required to file with the commissioner of safety acceptable evidence of security, proof of financial responsibility, and the requirement may be satisfied by written proof of insurance coverage in the amounts required by this part, and the person is so insured, it is the duty of the insurance company with whom the person has insurance to file, upon request of the insured, the necessary information with the commissioner on a certificate or form approved by the commissioner.
(b) If any company fails or refuses to file, within the time required by this part, the certificate or form upon the request of an insured, reasonably made, the company shall forfeit to the insured the amount of one hundred dollars ($100) and shall be liable for damages in the amount of any damages sustained by the insured on account of the failure or refusal of the company to file the required form or certificate, the sums to be recoverable at the suit of the insured.

§ 55-12-138. Certification of understanding of and compliance with financial responsibility law.

The commissioner of safety, with each application for an operator's or chauffeur's license, shall include a brief summary of the state's financial responsibility law and the summary shall contain the following or similar certification to be signed by the applicant: “I CERTIFY THAT I UNDERSTAND ABOUT TENNESSEE'S FINANCIAL RESPONSIBILITY LAW AND I AGREE TO ABIDE BY IT.”

§ 55-12-139. Compliance with financial responsibility law required — Evidence of compliance — Issuance of citations by police service technicians.

(a) This part shall apply to every vehicle subject to the registration and certificate of title provisions.
(b)
1. (1)
  1. (A) At the time a driver of a motor vehicle is charged with any violation under chapters 8 and 10, parts 1-5, and chapter 50 of this title; chapter 9 of this title; any other local ordinance regulating traffic; or at the time of an accident for which notice is required under § 55-10-106, an officer shall request evidence of financial responsibility as required by this section.
  2. (B) In case of an accident for which notice is required under § 55-10-106, the officer shall request evidence of financial responsibility from all drivers involved in the accident without regard to apparent or actual fault.
  3. (C) If the driver of a motor vehicle fails to show an officer evidence of financial responsibility, or provides the officer with evidence of a motor vehicle liability policy as evidence of financial responsibility, the officer shall utilize the vehicle insurance verification program as defined in § 55-12-203 and may rely on the information provided by the vehicle insurance verification program, for the purpose of verifying evidence of liability insurance coverage.
2. (2) For the purposes of this section, “financial responsibility” means:
  1. (A) Documentation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do business in this state, whether in paper or electronic format, stating that a policy of insurance meeting the requirements of this part has been issued;
  2. (B) A certificate, valid for one (1) year, issued by the commissioner of safety, stating that:
    1. (i) A cash deposit or bond in the amount required by this part has been paid or filed with the commissioner of revenue; or
    2. (ii) The driver has qualified as a self-insurer under § 55-12-111; or
  3. (C) The motor vehicle being operated at the time of the violation was owned by a common carrier subject to the jurisdiction of the department of safety or the interstate commerce commission, or was owned by the United States, this state, or any political subdivision thereof, and that the motor vehicle was being operated with the owner's consent.
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- 55-12-140(a)
(c)
1. (1) It is an offense to fail to provide evidence of financial responsibility pursuant to this section.
2. (2) Except as provided in subdivision (c)(3), a violation of subdivision (c)(1) is a Class C misdemeanor punishable only by a fine of not more than three hundred dollars ($300).
3. (3)
  1. (A) A violation of subdivision (c)(1) is a Class A misdemeanor, if a person is not in compliance with the financial responsibility requirements of this part at the time of an accident resulting in bodily injury or death and such person was at fault for the accident.
  2. (B) For purposes of subdivision (c)(3)(A), a person is at fault for an accident if the person acted with criminal negligence, as defined in § 39-11-106, in the operation of such person's motor vehicle.
  3. (C) A violation of subdivision (c)(1) is a Class A misdemeanor, if a person acts to demonstrate financial responsibility as required by this section by providing proof of motor vehicle liability insurance that the person knows is not valid.
4. (4) If the driver of a motor vehicle fails to provide evidence of financial responsibility pursuant to this section, an officer may tow the motor vehicle as long as the officer's law enforcement agency has adopted a policy delineating the procedure for taking such action.
2 Backlinks
- 55-12-140(a)
- 55-12-140(b)
(d) The fines imposed by this section shall be in addition to any other fines imposed by this title for any other violation under this title.
(e)
1. (1) On or before the court date, the person so charged may submit evidence of financial responsibility at the time of the violation. If it is the person's first violation of this section and the court is satisfied that the financial responsibility was in effect at the time of the violation, the charge of failure to provide evidence of financial responsibility shall be dismissed. Upon the person's second or subsequent violation of this section, if the court is satisfied that the financial responsibility was in effect at the time of the violation, the charge of failure to provide evidence of financial responsibility may be dismissed. Any charge that is dismissed pursuant to this subsection (e) shall be dismissed without costs to the defendant and no litigation tax shall be due or collected, notwithstanding any law to the contrary.
2. (2) A person who did not have financial responsibility that was in effect at the time of being charged with a violation of subsection (c) shall not have that person's violation of subsection (c) dismissed.
(f)
1. (1) Notwithstanding any law to the contrary, in any county having a population in excess of seven hundred fifty thousand (750,000), according to the 2000 federal census or any subsequent federal census, police service technicians are authorized to issue traffic citations in lieu of arrest pursuant to § 55-10-207.
2. (2) For the purposes of subdivision (f)(1) only, “police service technician” means a person appointed by the director of police services, who responds to requests for service at accident locations and obtains information, investigates accidents and provides other services to assist the police unit, fire unit, ambulance, emergency rescue and towing service.
(g) For purposes of this section, acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.
(h) If a person displays the evidence in an electronic format pursuant to this section, the person is not consenting for law enforcement to access any other contents of the electronic device.

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§ 55-12-140. Renewal of vehicle registration.

(a) The record of conviction of an offense under § 55-12-139(c) shall be promptly transmitted to the department of safety. For any such conviction occurring after July 1, 2009, upon request by the commissioner of safety, the commissioner of revenue shall not issue a renewal of registration for any vehicle for which evidence of financial responsibility is required under § 55-12-139 until the person who was convicted of violating § 55-12-139(c) furnishes proof of financial responsibility as defined in § 55-12-139(b).
(b) This section shall not apply to any person who was in compliance with this part, at the time of the citation under § 55-12-139(c) but was unable to produce evidence of compliance at the time of the citation.

§ 55-12-141. Automobile insurance coverage for driver while logged on to transportation network company's digital network or while engaged in prearranged ride.

(a) As used in this section:
1. (1) “Digital network” means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers;
2. (2) “Personal vehicle” means a vehicle that is used by a transportation network company driver and is:
  1. (A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
  2. (B) Not a taxicab, limousine, or for-hire vehicle;
3. (3) “Prearranged ride” means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include:
  1. (A) Shared expense carpool or vanpool arrangements provided by businesses engaged in the rental of motor vehicles; or
  2. (B) Transportation provided using a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003;
4. (4) “Transportation network company” means a corporation, partnership, sole proprietorship, or other entity operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
5. (5) “Transportation network company driver” or “driver” means an individual who:
  1. (A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
  2. (B) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee; and
6. (6) “Transportation network company rider” or “rider” means a person or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.
(b) On and after January 1, 2016, a transportation network company driver or transportation network company on the driver's behalf shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the driver while the driver is logged on to the transportation network company's digital network or while the driver is engaged in a prearranged ride.
(c) The following automobile insurance requirements shall apply while a transportation network company driver is logged on to the transportation network company's digital network but is not engaged in a prearranged ride:
1. (1) Primary automobile liability insurance in the amount of at least fifty thousand dollars ($50,000) for death and bodily injury per person, one hundred thousand dollars ($100,000) for death and bodily injury per incident, and twenty-five thousand dollars ($25,000) for property damage;
2. (2) The automobile liability insurance required under this section shall comply with § 56-7-1201; and
3. (3) The coverage requirements of this subsection (c) may be satisfied by any of the following:
  1. (A) Automobile insurance maintained by the transportation network company driver;
  2. (B) Automobile insurance maintained by the transportation network company; or
  3. (C) Any combination of subdivisions (c)(3)(A) and (B).
(d) The following automobile insurance requirements shall apply while a transportation network company driver is engaged in a prearranged ride:
1. (1) Primary automobile liability insurance that provides at least one million dollars ($1,000,000) for death, bodily injury, and property damage;
2. (2) The automobile liability insurance required under this section shall comply with § 56-7-1201; and
3. (3) The coverage requirements of this subsection (d) may be satisfied by any of the following:
  1. (A) Automobile insurance maintained by the transportation network company driver;
  2. (B) Automobile insurance maintained by the transportation network company; or
  3. (C) Any combination of subdivisions (d)(3)(A) and (B).
(e) If insurance maintained by a driver under subsection (c) or (d) has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim and have the duty to defend such claim.
(f) Coverage under an automobile insurance policy maintained by the transportation network company pursuant to this section shall not be dependent on a personal automobile insurer first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim.
(g) Insurance required by this section may be placed with an insurer authorized to do business in this state under title 56 or with a surplus lines insurer eligible under title 56, chapter 14.
(h) Insurance satisfying the requirements of this section shall be deemed to satisfy the financial responsibility requirements for a motor vehicle under this part while a driver is logged on to the transportation network company's digital network or while the driver is engaged in a prearranged ride; provided, however, nothing in this section shall relieve a motor vehicle driver not logged on to the transportation network company's digital network or not engaged in a prearranged ride from the financial responsibility requirements for a motor vehicle under this part.
(i) A transportation network company driver shall carry proof of coverage satisfying subsections (c) and (d) at all times during the driver's use of a vehicle in connection with a transportation network company's digital network. In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly involved parties, automobile insurers, and investigating police officers, upon request made pursuant to § 55-12-139. Upon such request, a transportation network company driver shall also disclose to directly involved parties, automobile insurers, and investigating police officers, whether the driver was logged on to the transportation network company's digital network or on a prearranged ride at the time of the accident.
(j) The transportation network company shall disclose, in writing, to a transportation network company driver the following before the driver is allowed to accept a request for a prearranged ride on the transportation network company's digital network:
1. (1) The insurance coverage, including the types of coverage and the limits for each coverage that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; and
2. (2) That the transportation network company driver's personal automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company's digital network or is engaged in a prearranged ride, depending on its terms.

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§ 55-12-142. Notification to delivery driver that insurance may not cover commercial uses.

An entity that employs, or contracts with, a driver who uses the driver's personal vehicle for the delivery of the entity's goods or services, and that does not provide automobile insurance coverage to the driver, must, at the time of hire, provide written notification to the driver that:
1. (1) Requires the driver's signature;
2. (2) Informs the driver that the driver's automobile insurance may not cover commercial uses; and
3. (3) Recommends that the driver check with the driver's insurance provider as to whether commercial uses of the driver's personal vehicle are covered.

Part 2 Insurance Verification Program (“James Lee Atwood Jr. Law”)

§ 55-12-201. Short title.

This part shall be known and may be cited as the “James Lee Atwood Jr. Law.”

§ 55-12-202. Purpose of part.

The purpose of this part is to develop and implement an efficient insurance verification program that utilizes the online verification system and data transfer standards for transmitting a full book of business specifications, model, and guide of the Insurance Industry Committee on Motor Vehicle Administration in order to verify whether the financial responsibility requirements of this chapter have been met with a motor vehicle liability insurance policy, and to provide the commissioner of revenue with the authority to develop, implement, and administer the program.

§ 55-12-203. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Automobile liability insurer,” “insurer,” or “carrier” means an insurance carrier licensed under title 56 to provide vehicle insurance, as defined in § 56-2-201, in this state;
2. (2) “Commercial automobile coverage” means any coverage provided to an insured, regardless of the number of vehicles or entities covered, under a commercial coverage form and rated from a commercial manual approved by the department of commerce and insurance;
3. (3) “Designated agent” means a third-party vendor that the department of revenue may contract with to develop, implement, and administer the program;
4. (4) “Full book of business” means a business record download of an automobile liability insurer made in accordance with IICMVA Insurance Data Transfer Guide Specifications that contains the data elements described in § 55-12-207(c)(1);
5. (5) “IICMVA” means the Insurance Industry Committee on Motor Vehicle Administration;
6. (6) “IICMVA Model” means the online insurance verification system model created by the IICMVA;
7. (7) “NAIC” means the National Association of Insurance Commissioners;
8. (8) “Unknown carrier request” means an electronic request for insurance coverage verification on a specific vehicle sent in accordance with IICMVA standards by the department of revenue or its designated agent to a carrier or carriers when the identity of the vehicle's carrier or the insurance policy number for the vehicle is unknown; and
9. (9) “Vehicle insurance verification program” or “program” means an insurance verification program that is created in compliance with the online verification system and data transfer standards, specifications, model, and guide of the IICMVA, and developed, implemented, and administered by the department of revenue in compliance with this part.

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§ 55-12-204. Development of insurance verification program — Consultation with certain entities required.

(a) The commissioner of revenue shall develop, implement, and administer an insurance verification program to electronically verify whether the financial responsibility requirements of this chapter have been met with a motor vehicle liability insurance policy; provided, the commissioner may contract with a designated agent to develop, implement, and administer the program.
(b) Prior to issuance of a request for proposal for the services of a designated agent or prior to developing and implementing the program, the department of revenue or, if applicable, its designated agent shall consult with the following entities to determine the details and deadlines related to the program:
1. (1) Automobile liability insurers;
2. (2) Private service providers who have successfully developed and implemented similar verification systems in other states;
3. (3) The department of safety; and
4. (4) The department of commerce and insurance.

§ 55-12-205. Requirements of program.

The program shall:
1. (1) Be an accessible common carrier based system for online electronic verification and data transfers of proof of motor vehicle liability insurance in accordance with IICMVA specifications and standards;
2. (2) Verify, on an on-demand basis minus reasonable downtime for system maintenance as agreed upon by the department of revenue, or its designated agent, and the insurer, the liability insurance status of a motor vehicle, whose status is determined:
  1. (A) As of the time of the inquiry; or
  2. (B) At other times not exceeding six (6) months prior to the inquiry unless otherwise agreed upon by the commissioner of revenue, or its designated agent, and the insurer;
3. (3)
  1. (A) In an effort to confirm the liability insurance status of a motor vehicle in instances where the program is unable to verify the liability insurance status, require automobile liability insurers that choose only to utilize the IICMVA model to:
    1. (i) Accept unknown carrier requests; or
    2. (ii) Provide upon request either:
      1. (a) A full book of business as described in § 55-12-207, current to the date of the request; or
      2. (b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer;
  2. (B) The information in subdivision (3)(A)(ii) shall be requested no more frequently than quarterly and the automobile liability insurer may freely choose between the options described in subdivisions (3)(A)(ii)(a) and (b).
  1 Backlink
  - 55-12-210(g)
4. (4) Use, as warranted, multiple data elements to make insurance verification inquiries more accurately by utilizing:
  1. (A) The automobile liability insurer's NAIC code;
  2. (B) Vehicle identification numbers;
  3. (C) Insurance policy numbers or policy key;
  4. (D) The date of the verification request; and
  5. (E) Other data elements as set forth in the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification;
5. (5) Provide sufficient measures for the security and integrity of data collected by the program;
6. (6) Limit the usage of the information obtained through the operation of the program to the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate the purposes of this chapter;
7. (7) Utilize open data and data transmission standards as determined by the department of revenue by rule;
8. (8) Send requests to automobile liability insurers for verification of evidence of financial responsibility via online services established by the automobile liability insurers, or offered through a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the IICMVA;
9. (9) Respond to a verification request within a time period established by the department of revenue, or its designated agent, and consistent with the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification; and
10. (10) Work in conjunction with existing state programs and systems related to this title if necessary to carry out this part.

§ 55-12-206. Duties of department of revenue and/or designated agent with respect to developing and implementing program.

In developing and implementing the program, the department of revenue and, if applicable, its designated agent shall:
1. (1) Consult and cooperate with automobile liability insurers in establishing and operating the program;
2. (2) Designate and maintain a contact person for automobile liability insurers during the development, implementation, and administration of the program;
3. (3) Publish a detailed guide of the program;
4. (4) Establish and maintain the systems necessary to make verification requests to insurers using the data elements that the department of revenue, or its designated agent, and automobile liability insurers have agreed upon and are necessary to receive accurate responses from automobile liability insurers;
5. (5) Implement and maintain, for all information transmitted and received, strict system and data security measures consistent with applicable industry standards as determined by the department of revenue by rule; provided, data secured by the department of revenue, or its designated agent, via the program shall not be shared with any party other than those permitted by state or federal privacy laws, including, but not limited to, the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. §§ 2721 et seq.);
6. (6) If applicable, be responsible for keeping the designated agent informed on the implementation status, functionality, and planned or unplanned service interruptions; and
7. (7) Provide alternative methods of reporting for automobile liability insurers writing fewer than five hundred (500) noncommercial motor vehicle policies in this state as determined by the department of revenue.

§ 55-12-207. Requirements for automobile liability insurer not utilizing the IICMVA model.

(a) If an automobile liability insurer chooses not to utilize the IICMVA model, the automobile liability insurer shall provide to the department of revenue, or its designated agent, a full book of business by the seventh day of each calendar month.
(b)
1. (1) Subsection (a) does not apply if the policy covers a motor vehicle that is registered as a vehicle of a political subdivision or of this state, or as a vehicle registered pursuant to § 55-4-122 or § 55-4-502.
2. (2) Subsection (a) does not preclude an automobile liability insurer from more frequent reporting.
(c)
1. (1) The full book of business provided pursuant to subsection (a) shall include:
  1. (A) The vehicle identification number of each insured motor vehicle; and
  2. (B) The automobile liability insurer's NAIC code, policy number, and effective date of each policy.
  1 Backlink
  - 55-12-203(4)
2. (2) Each automobile liability insurer that chooses not to utilize the IICMVA model pursuant to subsection (a) shall transmit the information described in this subsection (c) by either electronic means or by another means of transmission acceptable to the department of revenue or its designated agent.

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§ 55-12-208. Insurer may use both IICMVA model and full book of business download process.

Nothing in this part precludes an automobile liability insurer from utilizing both the IICMVA model and the full book of business download process described in § 55-12-207.

§ 55-12-209. Confidentiality of information — Utilization of program by law enforcement officers — Insurers permitted to utilize third-party vendors — Application to vehicles insured under commercial automobile coverage — Annual report.

(a) Any information obtained by the department of revenue, or its designated agent, from the program is for the sole use of the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate this chapter and is not a public record for purposes of title 10, chapter 7, nor discoverable in the course of legal proceedings.
(b) The department of safety shall cooperate with the department of revenue in developing, implementing, and maintaining the program.
(c) A law enforcement officer from a jurisdiction that has reasonable access to the program shall utilize the program to verify proof of financial responsibility as required by § 55-12-139.
(d) Nothing in this part precludes a law enforcement officer from a jurisdiction that does not have reasonable access to the program from utilizing the program to verify proof of financial responsibility as required by § 55-12-139.
(e) Nothing in this part prohibits an automobile liability insurer from using the services of a third-party vendor to comply with this part.
(f) This part shall not apply to motor vehicles insured under commercial automobile coverage; however, insurers of those vehicles may participate on a voluntary basis. Automobile liability insurers shall provide commercial automobile customers with evidence reflecting that the vehicle is insured under a commercial automobile policy. Sufficient evidence may include an insurance identification card that clearly identifies the policy as providing commercial automobile coverage.
(g) No later than January 1, 2019, and annually thereafter, the department of revenue and the department of safety shall issue a joint report to the general assembly, evidencing:
1. (1) The costs of the program to the department of revenue, insurers, and the public;
2. (2) The effectiveness of the program in reducing the number of uninsured motor vehicles;
3. (3) The number of persons complying with the financial responsibility requirements of this chapter through means other than motor vehicle liability insurance;
4. (4) The number of persons convicted per year for failing to show evidence of financial responsibility pursuant to § 55-12-139; and
5. (5) If available, the number of motor vehicle accidents involving an uninsured motorist on an annual basis since January 1, 2016.

§ 55-12-210. Notice to motor vehicle owner of noncompliance — Penalties for failure to comply within specified time — Prohibition against false or fraudulent statements — Part does not affect other actions or penalties — Eligibility for notice.

(a)
1. (1) If there is evidence based on either the IICMVA model or the full book of business download process described in § 55-12-207 that a motor vehicle is not insured, the department of revenue shall, or shall direct its designated agent to, provide notice to the owner of the motor vehicle that the owner has thirty (30) days from the date of the notice to provide to the department of revenue:
  1. (A) The owner or operator's proof of financial security in a form approved by the department of revenue;
  2. (B) Proof of exemption from the owner or operator's financial security requirements under this chapter;
  3. (C) Proof that the motor vehicle is no longer in the owner's possession; or
  4. (D) A statement, under penalty of perjury, that the vehicle is not in use on any public road.
2. (2) The notice described in subdivision (a)(1) shall include a statement that if the owner of the motor vehicle fails to comply with the requirements set forth in the notice, the owner of the motor vehicle shall be subject to a twenty-five-dollar coverage failure fee. The department of revenue or its designated agent shall transmit the notice to the owner of the motor vehicle by mailing the notice to the most recent street address or electronic mail address provided to the department of revenue by the owner.
3. (3) Prior to issuing the notice described in this subsection (a), the department of revenue is authorized to provide a request for information to the owner of the motor vehicle to aid in determining whether the vehicle is uninsured.
4. (4) Notwithstanding subdivision (a)(1), if the total number of notices required to be provided under this section in a given period is determined by the department of revenue to be administratively prohibitive, the department of revenue is authorized to provide notices to an administratively practicable number of motor vehicle owners, each of whom shall be selected randomly.
(b)
1. (1) If an owner of a motor vehicle fails to provide satisfactory proof or a statement as described in subsection (a), the department of revenue shall:
  1. (A) Impose on the owner of the motor vehicle a twenty-five-dollar coverage failure fee. Of this fee, five dollars ($5.00) shall be distributed to the county clerk of the county in which the motor vehicle is registered, five dollars ($5.00) shall be distributed to the department of safety, and the remainder shall be deposited into the uninsured motorist identification restricted fund created in § 55-12-213. The revenues distributed to the county clerk shall be earmarked for the county clerk's work in administration of the vehicle insurance verification program and shall not revert to the general fund at the end of the budget year if unexpended; and
  2. (B) Provide a notice to the owner of the motor vehicle stating that the owner must pay the coverage failure fee described in subdivision (b)(1)(A) and provide satisfactory proof or a statement as described in subsection (a) within thirty (30) days of the date of the notice.
2. (2) The notice described in subdivision (b)(1)(B) shall include a statement that if the owner of the motor vehicle fails to comply with the requirements set forth in the notice, the owner of the motor vehicle shall be subject to a one hundred-dollar continued coverage failure fee and suspension or revocation of the owner's motor vehicle registration.
(c) If the owner of the motor vehicle fails to comply with the notice described in subdivision (b)(1)(B), the department of revenue:
1. (1) Shall impose on the owner of the motor vehicle a one hundred-dollar continued coverage failure fee, which shall be in addition to the coverage failure fee imposed under subdivision (b)(1)(A). Of this continued coverage failure fee, ten dollars ($10.00) shall be distributed to the county clerk of the county in which the motor vehicle is registered, five dollars ($5.00) shall be distributed to the department of safety, and the remainder shall be deposited into the uninsured motorist identification restricted fund created in § 55-12-213. The revenues distributed to the county clerk shall be earmarked for the county clerk's work in administration of the vehicle insurance verification program and shall not revert to the general fund at the end of the budget year if unexpended;
2. (2) Shall suspend or revoke the motor vehicle owner's registration; and
3. (3)
  1. (A) Shall provide notice to the motor vehicle owner of the legal consequences of operating a motor vehicle with a suspended or revoked registration and without owner or operator's proof of financial security as required by this chapter, and instructions on how to effect the reinstatement of the motor vehicle owner's registration; or
  2. (B) May direct a designated agent to provide the notice and instructions described in this subdivision (c)(3).
(d) Any action by the department of revenue to suspend or revoke the registration of a motor vehicle under this section may be in addition to an action by a law enforcement agency to impose penalties under this chapter.
(e)
1. (1) A person shall not provide a false or fraudulent statement to the department of revenue or its designated agent.
2. (2) In addition to any other penalties, a violation of subdivision (e)(1) is a Class B misdemeanor.
(f) This part does not affect other actions or penalties that may be taken or imposed for violation of the owner or operator's financial security requirements of this chapter.
(g) If the vehicle is no longer insured by the automobile liability insurer of record and no other insurance company using the IICMVA model indicates coverage after an unknown carrier request under § 55-12-205(3), the owner of the motor vehicle becomes eligible for notice as described in subsections (a) and (b).

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§ 55-12-211. Requirements for reinstatement or renewal of registration after suspension or revocation.

(a) The department of revenue shall not process an application for reinstatement or renewal of registration of a motor vehicle after a suspension or revocation of the registration under § 55-12-210 until:
1. (1) The applicant pays all fees owed pursuant to § 55-12-210;
2. (2) The applicant pays the county reinstatement fee pursuant to subsection (b); and
3. (3) The applicant provides one (1) of the following:
  1. (A) The owner or operator's proof of financial security in a form approved by the department of revenue;
  2. (B) Proof of exemption from the owner or operator's financial security requirements under this chapter; or
  3. (C) A statement, under penalty of perjury, that the vehicle is not in use on any public road.
(b) There is imposed a county reinstatement fee in the amount of twenty-five dollars ($25.00) for reinstatement or renewal of registration of a motor vehicle after a suspension or revocation of the registration under § 55-12-210. This reinstatement fee is in addition to any other fee imposed under this chapter. All revenues from this county reinstatement fee shall be earmarked for the county clerk's work in administration of the vehicle insurance verification program and shall not revert to the general fund at the end of the budget year if unexpended.
(c) The commissioner of revenue may waive the fees imposed under § 55-12-210 and the county clerk of the county in which the vehicle is to be registered may waive the county reinstatement fee under subsection (b) if:
1. (1) The registration was suspended or revoked under § 55-12-210; and
2. (2) The applicant provides proof acceptable to the department of revenue that the applicant had an owner or operator's financial security in effect for the vehicle on the date the suspension or revocation went into effect.

§ 55-12-212. Certification that program installed and fully operational.

The program shall be installed and fully operational upon certification by the commissioner of revenue that the program has been successfully tested and is ready for implementation, but not later than January 1, 2017. Until such certification occurs, no law enforcement action shall be taken based on the program.

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56-2-305(f)(1)

§ 55-12-213. Uninsured motorist identification restricted fund established.

(a) There is established within the general fund an account to be known as the “uninsured motorist identification restricted fund.”
(b) The fund shall consist of money generated from this part, less any amount distributed to the county clerks and the department of safety, and funds appropriated by the general assembly. The commissioner of revenue shall use only the money in the fund in administering this part.
(c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part.
(d) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. The fund shall be administered by the commissioner of revenue.

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§ 55-12-214. Effect of part on existing financial responsibility requirements.

Nothing in this part shall alter the existing financial responsibility requirements in this chapter.

§ 55-12-215. No fee or surcharge to be levied on automobile liability insurers.

Nothing in this part shall allow the department of revenue or its designated agent to levy any fee or surcharge on automobile liability insurers.

Part 3 Car Sharing Program Insurance Coverage

§ 55-12-301. Part definitions.

As used in this part:
1. (1) “Car sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement;
2. (2) “Car sharing period” means the period of time:
  1. (A) That commences with the car sharing delivery period and ends at the car sharing termination time; or
  2. (B) If there is no car sharing delivery period, that commences with the car sharing start time and ends at the car sharing termination time;
3. (3) “Car sharing program agreement”:
  1. (A) Means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program; and
  2. (B) Does not mean rental car agreement with a rental car company;
4. (4) “Car sharing start time” means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program;
5. (5) “Car sharing termination time” means the earliest of the following events:
  1. (A) The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
  2. (B) When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program; or
  3. (C) When the shared vehicle owner or the shared vehicle owner's authorized designee, takes possession and control of the shared vehicle;
6. (6) “Peer-to-peer car sharing”:
  1. (A) Means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program; and
  2. (B) Does not include the services offered by a rental car company;
7. (7) “Peer-to-peer car sharing program”:
  1. (A) Means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration; and
  2. (B) Does not include:
    1. (i) The services offered by a rental car company; or
    2. (ii) A service provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle;
8. (8) “Rental car company” means a business engaged in the rental of motor vehicles that is subject to title 67, chapter 4, part 19, and not a peer-to-peer car sharing program;
9. (9) “Shared vehicle”:
  1. (A) Means a vehicle that is available for sharing through a peer-to-peer car sharing program; and
  2. (B) Does not mean a rental vehicle provided by a rental car company;
10. (10) “Shared vehicle driver” means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement; and
11. (11) “Shared vehicle owner” means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.

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67-4-1901(c)(4)

§ 55-12-302. Insurance coverage during car sharing period.

(a) A peer-to-peer car sharing program shall assume liability, except as provided in subsection (b), of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist losses during the car sharing period in an amount, as stated in the peer-to-peer car sharing program agreement, that must not be less than the amount set forth in subsection (d).
(b) Notwithstanding the car sharing termination time, the assumption of liability under subsection (a) does not apply to any shared vehicle owner when:
1. (1) A shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred; or
2. (2) A shared vehicle owner has acted in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
(c) Notwithstanding the car sharing termination time, the assumption of liability under subsection (a) applies to bodily injury, property damage, uninsured and underinsured motorist, or losses by damaged third parties to the extent required for proof of financial responsibility, as defined in § 55-12-102.
(d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that:
1. (1) Provides insurance coverage in amounts no less than the minimum amounts for proof of financial responsibility, as defined in § 55-12-102; and
2. (2)
  1. (A) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or
  2. (B) Does not exclude the use of a shared vehicle by a shared vehicle driver.
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- 56-7-1120(e)
(e) The insurance requirement described under subsection (d) may be satisfied by motor vehicle liability insurance maintained by:
1. (1) A shared vehicle owner;
2. (2) A shared vehicle driver;
3. (3) A peer-to-peer car sharing program; or
4. (4) Any combination of those described in subdivisions (e)(1)-(3).
(f) Except as otherwise provided for in this section:
1. (1) The insurance described in subsection (e) that is used to satisfy the insurance requirement of subsection (d) is primary during each car sharing period;
2. (2) If coverage is applicable through more than one (1) motor vehicle liability insurance policy as set forth in subdivision (e)(4), then the order of priority of coverage is as follows, unless one (1) policy contains a provision affirmatively stating that the policy's coverage is primary and thereby is primary during the car sharing period:
  1. (A) A policy maintained by the shared vehicle driver is first in priority;
  2. (B) A policy maintained by the peer-to-peer car sharing program is next in priority; and
  3. (C) A policy maintained by the shared vehicle owner is last in priority; and
3. (3) If coverage is applicable through more than one (1) motor vehicle liability insurance policy as set forth in subdivision (e)(4) and more than one (1) of those policies contain a provision affirmatively stating that the policy's coverage is primary, then the order of priority of coverage is as described in subdivisions (f)(2)(A)-(C).
(g)
1. (1) The peer-to-peer car sharing program shall assume primary liability for a claim when:
  1. (A) The peer-to-peer car sharing program is in whole or in part providing the insurance required under subsections (d) and (e);
  2. (B) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss; and
  3. (C) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by § 55-12-305.
2. (2) The peer-to-peer car sharing program may seek indemnity from a shared vehicle owner if the shared vehicle owner is determined to have been the operator of the shared vehicle at the time of the loss.
(h) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (e) has lapsed or does not provide the coverage required by subsection (d), then:
1. (1) Insurance maintained by a peer-to-peer car sharing program must provide the coverage required by subsection (d) beginning with the first dollar of a claim; and
2. (2) The peer-to-peer car sharing program has the duty to defend the claim, except under circumstances as set forth in subsection (b).
(i) Coverage under a motor vehicle liability insurance policy maintained by the peer-to-peer car sharing program is not dependent on another insurer first denying a claim nor is another motor vehicle liability insurance policy required to first deny a claim.
(j) This section does not:
1. (1) Limit the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program;
2. (2) Limit the ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement; or
3. (3) Limit the obligations of a shared vehicle owner to comply with the requirements of part 1 of this chapter.

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56-7-1120(g)(2)

§ 55-12-303. Notification of implications of lien.

At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program, and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, then the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.

§ 55-12-304. Applicability to exclusions in motor vehicle liability insurance policies.

This part does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use, that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.

§ 55-12-305. Recordkeeping — Use of vehicle in car sharing.

(a) A peer-to-peer car sharing program shall collect, verify, and maintain the records necessary to comply with this section for a time period not less than the applicable bodily injury or property damage statute of limitations.
(b) Upon request by a shared vehicle owner, the insurer of the shared vehicle owner, a shared vehicle driver, or the insurer of a shared vehicle driver, for the purpose of assisting a claim coverage investigation, settlement, negotiation, or litigation, a peer-to-peer car sharing program shall provide the following information:
1. (1) The precise start and termination times for the car sharing period during which an event occurred giving rise to a claim;
2. (2) The information set forth in § 55-12-308(b) for the car sharing period during which an event occurred giving rise to a claim; and
3. (3) For the period twelve (12) hours preceding and twelve (12) hours following an event giving rise to a claim, the precise start and termination times for all car sharing periods other than the period disclosed under subdivision (b)(1), and the information set forth in § 55-12-308(b) with respect to the car sharing periods.

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55-12-302(g)(1)(C)

§ 55-12-306. Exemption — Vicarious liability.

A peer-to-peer car sharing program and a shared vehicle owner are exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or local law that imposes liability solely based on vehicle ownership.

§ 55-12-307. Indemnification.

Each car sharing program agreement made in this state must disclose to the shared vehicle owner and the shared vehicle driver:
1. (1) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement;
2. (2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
3. (3) That the peer-to-peer car sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
4. (4) The daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
5. (5) That the shared vehicle owner's motor vehicle liability insurance may not provide coverage for a shared vehicle;
6. (6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and
7. (7) Whether there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.

§ 55-12-308. Driver license verification and data retention.

(a) A peer-to-peer car sharing program shall not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle:
1. (1) Holds a driver license issued under the laws of this state that authorizes the driver to operate vehicles of the class of the shared vehicle;
2. (2) Is a nonresident who:
  1. (A) Has a driver license issued by the state or country of the driver's residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and
  2. (B) Is at least the same age as that required of a resident to drive; or
3. (3) Otherwise is specifically authorized by the laws of this state to drive vehicles of the class of the shared vehicle.
(b) A peer-to-peer car sharing program shall keep a record of:
1. (1) The name and address of the shared vehicle driver;
2. (2) The number of the driver license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
3. (3) The place of issuance of the driver license.
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- 55-12-305(b)(2)
- 55-12-305(b)(3)

§ 55-12-309. Responsibility for equipment.

A peer-to-peer car sharing program has sole responsibility for any equipment, such as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the sharing period.

§ 55-12-310. Automobile safety recalls.

(a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:
1. (1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and
2. (2) Notify the shared vehicle owner of the requirements under subsection (b) of this section.
(b)
1. (1) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, then a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
2. (2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, then the shared vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program, as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.
3. (3) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, then, as soon as practicably possible after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall so that the shared vehicle owner may address the safety recall repair.

§ 55-12-311. Conflicts.

Nothing in chapter 796 of Public Acts of 2020 shall expand or restrict in any manner the respective rights or obligations of, or limitations upon, motor vehicle manufacturers and licensed motor vehicle dealers as set forth in chapter 17, part 1 of this title. To the extent that this act conflicts with chapter 17, part 1 of this title, then chapter 17, part 1 of this title shall control.

Chapter 13 Financing Sale of Motor Vehicles

§ 55-13-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Dealer” means any person, partnership, or corporation who is engaged in, or who intends to engage in the business of selling motor vehicles at retail in this state. “Dealer” also includes “retail agent”;
2. (2) “Finance company or finance agency” means any person engaged in the business of financing the sale of motor vehicles, or engaged in the business of purchasing or acquiring promissory notes, either secured by vendor's lien or chattel mortgage, arising from the sale of motor vehicles in this state;
3. (3) “Manufacturer” means any person who is engaged, either directly or indirectly, in the manufacture of motor vehicles;
4. (4) “Persons” means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors;
5. (5) “Sell,” “sold,” “buy,” and “purchase” include exchange, barter, gift, and offer to contract to sell or buy; and
6. (6) “Wholesale distributor” means any person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or to dealers.

§ 55-13-102. Financing agreements limiting competition unlawful.

(a) It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or contract for the sale of motor vehicles to any motor vehicle dealer on the condition, or the agreement, expressed or implied, that the dealer shall finance the purchase or sale of motor vehicles only through a designated finance company or finance agency or class of persons.
(b) Any such condition or agreement, having the effect of eliminating competition in the business of financing the sale of motor vehicles is declared to be against the public policy of the state, and the condition or agreement shall be unlawful, void and unenforceable.

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55-13-103

§ 55-13-103. Threats — Prima facie evidence.

If any threat, express or implied, is made to any motor vehicle dealer, by any manufacturer, or wholesale distributor on authority of any manufacturer, to the effect that the manufacturer or wholesale distributor will discontinue to sell, or will terminate a contract to sell motor vehicles to the dealer unless the dealer finances the purchase or sale of motor vehicles only through a designated finance company or finance agency or class of persons, the threat so made shall be prima facie evidence of the fact that the manufacturer or wholesale distributor has sold, or intends to sell, motor vehicles, on the condition or with the agreement prohibited in § 55-13-102.

§ 55-13-104. Subsidization or discrimination prohibited.

(a) It is unlawful for any manufacturer or wholesale distributor to pay or give a subsidy to any finance company or finance agency or class of persons, or to discriminate against or in favor of any finance company or finance agency or class of persons.
(b) It is unlawful for any finance company or finance agency or class of persons to accept any such subsidy or the benefit of any such discrimination.

§ 55-13-105. Injunction and quo warranto — Proceedings to restrain violations.

(a) The chancery courts have jurisdiction to grant injunctions restraining violations of this chapter upon proceedings brought by the attorney general and reporter, the district attorney general or any party in interest.
(b) For repeated violations of this chapter, the court may enjoin a finance company, finance agency, or any person or persons from thereafter engaging in the business of financing the purchase or sale of motor vehicles in this state.
(c) Where the violator is a corporation, domestic or foreign, the charter rights, franchises or privileges of the corporation or the privilege of doing business in this state may be revoked in a quo warranto proceeding brought by the attorney general and reporter or the district attorney general for the proper district. In this proceeding, the court shall enter an order or decree as it deems reasonable and proper to carry into effect this chapter and to prevent unfair competition and prohibit monopolies.

§ 55-13-106. Penalty for violations.

Any person, or any employee, agent or officer of any person who violates this chapter commits a Class B misdemeanor.

§ 55-13-107. Suit for damages sustained.

In addition to the other penalties provided in this chapter, any person who is injured in the person's business or property, by any violation of this chapter, may proceed against the violator by suit to recover the damages so sustained and the costs of the suit.

Chapter 14 Dealers in Secondhand Automobile Tires and Accessories

§ 55-14-101. Dealers in secondhand automobile tires and accessories to report purchases daily to police headquarters.

Dealers in secondhand automobile tires or secondhand automobile accessories shall be required to make daily reports to the police headquarters of the incorporated municipalities where these secondhand dealers transact their business, the reports to give a full description of all such articles that day purchased by the dealers, including numbers, markings, or workings appearing on the articles, and the description and address of the person from whom the articles were purchased by the dealer.

§ 55-14-102. Articles not to be sold until possessed for three days.

No sale of any secondhand automobile tires or secondhand automobile accessories shall be made by any dealer in the articles until they have been in the dealer's possession for a period of three (3) days.

§ 55-14-103. Violation a Class C misdemeanor.

A violation of this chapter is a Class C misdemeanor.

§ 55-14-104. “Dealers” defined.

Wherever the word “dealers” is used in §§ 55-14-105 — 55-14-107, it means all persons, partnerships or corporations engaged in the used or junk car business who purchase for resale used automobile parts and/or accessories.

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§ 55-14-105. Contents of records of purchase and resale of used parts and accessories.

(a) All dealers as described in § 55-14-104 shall keep records of all used automobile parts and/or accessories purchased by them for resale and these records shall contain, but not be limited to, the following:
1. (1) Name and address of the person from whom the dealer purchased the parts and/or accessories;
2. (2) A receipt signed by the person from whom the dealer bought the parts and/or accessories, showing the dealer's purchase price;
3. (3) The license number of the motor vehicle used by the seller, if there is one; and
4. (4) The person or place where the seller obtained the parts or accessories.
(b) The information shall be obtained by the dealer before purchasing the articles for resale.

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55-14-104

§ 55-14-106. Inspection by law enforcement officers.

All records and information required to be kept by the dealer shall be made available for inspection by any law enforcement officer or official, and the records and information shall be kept by the dealer for a period of two (2) years from the date of purchase by the dealer; provided, that no law enforcement officer or official shall use this information for any purpose other than the enforcement of law.

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55-14-107

§ 55-14-107. Dealer failing to keep records of purchases and resales of used parts and accessories — Penalty.

Any dealer who fails to comply with §§ 55-14-104 — 55-14-106 commits a Class C misdemeanor.

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55-14-104

Chapter 15 Sale of Motor Fuel Regulated

§ 55-15-101. Sale of motor fuel and lubricating oils regulated — Posting of sign or placard stating price of each product sold required.

It is unlawful for any person, firm or corporation to sell or offer for sale at retail, for use or consumption in any motor vehicle, or to deliver into any motor vehicle for actual or apparent use therein, any product for use in supplying, creating or generating motive power to that motor vehicle, or lubricating oil for that motor vehicle, unless the person, firm or corporation conspicuously and plainly posts at the place of the sale or delivery, a sign or placard, stating the price of each such product, and oil, separately, and so that the prices can be readily and easily distinguished by brand or other designation as legible words, letters and figures of uniform size and dimensions. The sign or placard shall be so located and placed that it may easily be seen and read by purchasers or prospective purchasers of the product or oil.

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55-15-104(b)

§ 55-15-102. Sales to be at prices shown on sign or placard.

It is unlawful for any person, firm or corporation to sell or offer for sale at retail, for use or consumption in any motor vehicle, or to deliver into any motor vehicle, for actual apparent use therein, any product whatsoever for use in supplying, creating or generating motive power to the motor vehicle, or lubricating oil for the motor vehicle, at any price or prices, except the exact price or prices contained on the sign or placard required by this chapter, or to offer, deliver, grant, allow, give or promise, any actual, prospective, contingent, immediate or future benefits, concessions, discounts, refunds, premiums or gratuities of any kind or nature, that, in any degree, manner or extent, shall, or be calculated or intended to, effect or accomplish a sale of the product for other than the posted price or prices.

§ 55-15-103. “Motor vehicle” defined.

“Motor vehicle,” as used in this chapter, includes all vehicles propelled by any power other than muscular power, except traction engines, road rollers, fire and police vehicles, ambulances, agricultural tractors, tractor cranes, steam shovels, road building machinery, electric trucks with small wheels used in factories, warehouses, and railroad stations and operated principally on private property, and such vehicles run only upon rails or tracks.

§ 55-15-104. Violation a misdemeanor — Penalty.

(a) A violation of this chapter is a Class C misdemeanor.
(b) Each day or part of a day during which a price sign is posted in violation of § 55-15-101 constitutes a separate offense.

Chapter 16 Unclaimed or Abandoned Vehicles

§ 55-16-101. [Repealed]

§ 55-16-102. [Repealed]

§ 55-16-103. Definitions.

As used in this section and §§ 55-16-104 — 55-16-109:
1. (1) “Abandoned motor vehicle” means a motor vehicle that:
  1. (A) Is over four (4) years old and is left unattended on public property for more than ten (10) days;
  2. (B) Is in an obvious state of disrepair and is left unattended on public property for more than three (3) days;
  3. (C) Has remained illegally on public property for a period of more than forty-eight (48) hours;
  4. (D) Has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours; or
  5. (E) Has been stored, parked or left in a garage, trailer park, or any type of storage or parking lot for more than thirty (30) consecutive days;
2. (2) “Curbstoning” means the selling, offering for sale, advertising for sale, or soliciting the sale of:
  1. (A) Any motor vehicle without a properly endorsed certificate of title as required by § 55-3-127 by a person or entity engaged primarily in the sale of used motor vehicles if the person or entity is not licensed as a motor vehicle dealer under § 55-17-109; or
  2. (B) More than five (5) motor vehicles in any twelve-month period when the motor vehicles are titled in the person's name or the name of the entity engaged primarily in the sale of used motor vehicles if the person or entity is not licensed as a motor vehicle dealer under § 55-17-109;
3. (3) “Demolisher” means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles;
4. (4) “Immobile motor vehicle” means any motor vehicle, trailer, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer that is immobilized and incapable of moving under its own power due to an accident, mechanical breakdown, weather conditions or other emergency situation;
5. (5) “Obvious state of disrepair” means a motor vehicle exhibiting one (1) or more of the following characteristics: inoperable under its own power, without one (1) or more wheels or inflated tires, burned throughout, or with more than one (1) broken window;
6. (6) “Police department” means the Tennessee highway patrol, the sheriff's department of any county, or the police department of any city or town. In any county with a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census, with a metropolitan form of government, “police department” also means any department, board or commission designated by the legislative body of the metropolitan government to perform the duties of a police department specified in this chapter;
7. (7) “Possession,” as used in § 55-16-108(e), shall be construed to mean either physical possession or constructive possession by a unit of government. “Physical possession” means seizure and physical custody by a unit of government. “Constructive possession” shall be determined by the power and intent of a unit of government to control; and
8. (8) “Unattended motor vehicle” means any motor vehicle, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer, that is on public or private property, unattended by the owner or authorized driver, and interferes with or impedes the orderly flow of traffic, or a motor vehicle that is unattended by reason of the arrest of the driver of the motor vehicle.

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§ 55-16-104. Authority to take possession of abandoned motor vehicles or those used in curbstoning.

(a) A police department may take into custody any motor vehicle found abandoned, immobile, unattended, or used in curbstoning on public or private property; provided, that any motor vehicle used in curbstoning on residential property may not be taken into custody unless the police department provides notice on the motor vehicle at least forty-eight (48) hours prior to the seizure.
(b) A police department may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing motor vehicles that have been abandoned, immobile, unattended, or used in curbstoning.
(c) Any motor vehicle used in curbstoning is subject to seizure and forfeiture in the same manner as is provided by law for seizure and forfeiture of other items under title 40, chapter 33.
(d) Notwithstanding any law to the contrary, nothing in this section shall limit a local government's initiative for more restrictive requirements regarding the sale of curbstoned vehicles.

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§ 55-16-105. Notification of owners and lienholders.

(a) A police department that takes into custody an abandoned, immobile, or unattended motor vehicle, shall, within three (3) business days after taking such motor vehicle into custody, verify ownership of such motor vehicle pursuant to subsection (f). The police department shall, within three (3) business days after receiving verification of ownership, notify by registered mail, return receipt requested, or by overnight delivery using a nationally recognized carrier with proof of delivery, the last known registered owner of the motor vehicle and all lien holders of record that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned, immobile, or unattended motor vehicle; set forth the location of the facility where the motor vehicle is being held; inform the owner and any lienholders of their right to reclaim the motor vehicle within ten (10) days after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and consent to the sale of the abandoned, immobile, or unattended motor vehicle at a public auction.
(b) A police department is not required to comply with the requirements of subsection (a) if it provides preseizure notice to the owner of the motor vehicle and all lienholders of record that the vehicle has been found to be abandoned, immobile, or unattended. Any preseizure notice shall be sent by registered or certified mail, return receipt requested, or by overnight delivery using a nationally recognized carrier with proof of delivery, to the last known address of the owner of record and to all lienholders of record. The notice shall be written in plain language and shall contain the year, make, model and vehicle identification number of the motor vehicle, if ascertainable, the location of the motor vehicle, and a statement advising the owner that the owner has ten (10) days to appeal the determination by the police department that the vehicle is abandoned, immobile, or unattended or to remove the vehicle from the property, or the police department shall take the abandoned, immobile, or unattended vehicle into custody. The notice shall further inform the owner and any lienholders of their right to reclaim the motor vehicle after it is taken into custody but before it is sold or demolished, upon payment of all towing, preservation, storage or any other charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and consent to the demolition of the vehicle or its sale at a public auction. If the owner or lienholder cannot be located through the exercise of due diligence, notice by publication shall be given as set out in subsection (c). If the owner or lienholder of an abandoned, immobile, or unattended motor vehicle fails to appeal the determination that the vehicle is abandoned, immobile, or unattended or fails to remove the motor vehicle within the time allowed for an appeal, the police department may take the vehicle into custody. If an appeal is made, the motor vehicle shall not be taken into custody while the appeal is pending. Failure to appeal within the specific time period shall, without exception, constitute waiver of the right of appeal.
(c) In the event there is no response to the notice by registered mail or overnight delivery provided for in subsection (a), then there shall be notice by one (1) publication in one (1) newspaper of general circulation in the area where the motor vehicle was abandoned, immobile, or unattended. The notice shall be in a small display ad format, but one (1) advertisement may contain multiple listings of abandoned, immobile, or unattended vehicles.
(d) The consequences and effect of failure to reclaim an abandoned, immobile, or unattended motor vehicle shall be as set forth in a valid notice given pursuant to this section.
(e) If the owner of the vehicle is not present, then within fifteen (15) minutes of any person, firm, or entity towing any vehicle pursuant to this chapter, such person, firm, or entity shall notify local law enforcement of the vehicle identification number (VIN), registration information, license plate number and description of the vehicle. A violation of this requirement by any person, firm or entity is a Class A misdemeanor. Local law enforcement shall keep a record of all such information which shall be available for public inspection.
(f) If an employee of a public agency, a towing company contracting with a public agency, or a towing company authorized to tow by a private property owner or the private property owner's authorized agent, takes possession of a vehicle found abandoned, immobile, or unattended, then an employee of the agency shall verify ownership through the Tennessee Information Enforcement System (TIES) and shall place the ownership information on the towing sheet or form. The agency shall also provide the ownership information to a towing company or garagekeeper with whom the agency has a contract or to a towing company authorized to tow by a private property owner or private property owner's authorized agent, as applicable. If a public agency attempts to verify ownership information through TIES and the response is “Not on File,” the agency shall contact the department of revenue title and registration division which shall search records not contained in TIES for the ownership information. If the title and registration division locates ownership information through this search, it shall notify the appropriate public agency and the agency shall distribute the information as provided in this subsection (f). When any other person takes possession of a vehicle found abandoned, immobile, or unattended, the action shall be reported immediately to the taxpayer and vehicle services division for verification of ownership on a form prescribed and provided by the registrar of motor vehicles.
(g)
1. (1) In addition to the notification requirements of subsection (a), a garagekeeper or towing firm, which has in its possession an abandoned, immobile, or unattended motor vehicle taken into custody by a police department or authorized by a private property owner or the private property owner's authorized agent to be towed, and in whose possession the vehicle was lawfully placed by the police department or authorized to be placed by a private property owner or the private property owner's authorized agent, shall, within three (3) business days after the motor vehicle is taken into its possession, verify ownership of the motor vehicle pursuant to subsection (f). The garagekeeper or towing firm shall, within three (3) business days after receiving verification of ownership, provide notice to the last known registered owner of the motor vehicle and all lienholders of record. The notification requirements included in subsection (a) apply to the notice required to be provided by a garagekeeper or towing firm pursuant to this subdivision (g)(1).
2. (2) A garagekeeper or towing firm that does not verify ownership of a motor vehicle within three (3) business days after taking possession of such motor vehicle pursuant to this section or that does not notify by mail or overnight delivery the owner of such motor vehicle within three (3) business days after receiving verification of ownership from the appropriate state department or agency shall not be entitled to receive more than six (6) days of storage-related expenses. A garagekeeper or towing firm that is found by a court of competent jurisdiction to have failed upon presentment of payment for towing and storage expenses to release a motor vehicle shall be subject to civil liability to a vehicle owner, secured creditor, lessor or lienholder who prevails in an action brought under this section for reasonable costs and attorney's fees incurred by the person instituting the action.
3. (3) If the owner of the vehicle or the owner's agent is present at the time that the vehicle is placed into the custody of a garagekeeper or towing firm, then this subsection (g) shall not apply to the garagekeeper or towing firm; provided, however, that this subdivision (g)(3) does not exempt the garagekeeper or towing firm from any other notification requirements under this section or other provision of law.

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§ 55-16-106. Auction of abandoned, immobile or unattended motor vehicles.

(a) If an abandoned, immobile, or unattended motor vehicle has not been reclaimed as provided for in § 55-16-105, the police department shall sell the abandoned, immobile, or unattended motor vehicle at a public auction.
(b) The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and, upon presentation of the sales receipt, the department of revenue shall issue a certificate of title to the purchaser.
(c) The sales receipt only shall be sufficient title for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and, in this case, no further titling of the vehicle shall be necessary.
(d) The proceeds of the sale of an abandoned, immobile, or unattended motor vehicle shall be used for payment of the expenses of the auction, the costs of towing, preserving and storing the abandoned, immobile, or unattended motor vehicle, and all notice and publication costs incurred pursuant to § 55-16-105.
(e)
1. (1) Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for forty-five (45) days, and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing other abandoned, immobile, or unattended vehicles in custody, whenever the proceeds from a sale of other abandoned, immobile, or unattended motor vehicles are insufficient to meet these expenses and costs.
2. (2) Whenever the chief fiscal officer of the state, county, city or town, as the case may be, finds that moneys in the special fund are in excess of reserves likely to be needed for the purposes thereof, the chief fiscal officer may transfer the excess to the general fund, but in this event, claims against the special fund, if the special fund is temporarily exhausted, shall be met from the general fund to the limit of any transfers previously made thereto pursuant to this section.

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§ 55-16-107. Garagekeepers and towing firms authorized to enforce lien.

(a) Notwithstanding any other provision of this chapter to the contrary, the police department through its chief officer, after complying with § 55-16-105, may execute a written waiver of its right to sell a vehicle taken into custody under this chapter in favor of a garagekeeper or towing firm in whose possession the vehicle was lawfully placed by the police department under this chapter. If a garagekeeper or towing firm has made repairs to a vehicle for which a waiver has been executed, the garagekeeper or towing firm may proceed to enforce the lien as provided in § 66-19-103. If the garagekeeper or towing firm has not made repairs to a vehicle for which a waiver has been executed, the garagekeeper or towing firm may proceed to sell the vehicle in accordance with the procedure established in § 55-16-106.
(b) As to third-party purchasers, the sale of the abandoned, immobile, or unattended vehicle shall be valid, but the garagekeeper or towing firm shall sell the vehicle in a commercially reasonable manner, and failure to do so may subject the garagekeeper or towing firm to suit for monetary damages by either the true owner or a lienholder.

§ 55-16-108. Disposal to demolishers.

(a) Any person, firm, corporation, or unit of government, upon whose property or in whose possession is found any abandoned, immobile, or unattended motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may apply to the police department of the jurisdiction in which the vehicle is situated for authority to sell, give away, or dispose of the vehicle to a demolisher.
(b) The application shall set out the name and address of the applicant, the year, make, model and serial number of the motor vehicle, if ascertainable, together with any other identifying features, and shall contain a concise statement of the facts surrounding the abandonment, or that the title of the motor vehicle is lost or destroyed, or the reasons for the defect of title in the owner. The applicant shall execute an affidavit stating that the facts alleged therein are true and that no material fact has been withheld.
(c) If the police department finds that the application is executed in proper form and shows that the motor vehicle has been abandoned, immobile, or unattended upon the property of the applicant or if it shows that the motor vehicle is not abandoned, immobile, or unattended but that the applicant appears to be the rightful owner, the police department shall follow the notification procedures set forth in § 55-16-105.
(d) If any abandoned, immobile, or unattended motor vehicle is not reclaimed in accordance with § 55-16-105, the police department shall give the applicant a certificate of authority to sell the motor vehicle to any demolisher for demolition, wrecking or dismantling. The demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle.
(e) Notwithstanding §§ 55-16-103 — 55-16-109, any person, firm, corporation or unit of government upon whose property or in whose possession is found any abandoned, immobile or unattended motor vehicle or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed may dispose of the motor vehicle to a demolisher without that title and without the notification procedures of § 55-16-105, if the motor vehicle is over ten (10) years old and has no engine or is otherwise totally inoperable.
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- 55-16-103(7)
(f)
1. (1) If the vehicle does have an engine, and is properly licensed but otherwise fits the description of this section, then any such vehicle left on a public highway or street and pulled in at the direction of local or state law enforcement officials must be held at least ten (10) days. If, at the end of that period, no claim has been received for the vehicle, the vehicle may then be disposed of in accordance with this section.
2. (2) Subdivision (f)(1) will not apply in counties with a metropolitan form of government, in which counties subsection (e) will remain in full force and effect.

§ 55-16-109. Duties of demolishers.

(a) Any demolisher who purchases or otherwise acquires a motor vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for the motor vehicle in the demolisher's name. After the motor vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender for cancellation the certificate of title or auction sales receipt. The taxpayer and vehicle services division shall issue forms, rules and regulations governing the surrender of auction sales receipts and certificates of title as are appropriate.
(b) A demolisher shall keep an accurate and complete record of all motor vehicles purchased or received in the course of the demolisher's business. These records shall contain the name and address of the person from whom each motor vehicle was purchased or received and the date when the purchases or receipts occurred. The records shall be open for inspection by any police department at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one (1) year after the transaction to which it applies.

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§ 55-16-110. [Repealed]

§ 55-16-111. Restrictions on towing of vehicles.

Notwithstanding any law to the contrary, a vehicle may not be towed without authorization by the owner of the vehicle until twelve (12) hours have elapsed since it was first observed to be immobile or unattended unless the vehicle is creating a hazard, blocking access to public or private property, or parked illegally.

§ 55-16-112. Written authorization required for towing or storage of motor vehicle.

(a) Notwithstanding any other provision of this part or of title 66, chapter 19, part 1, in order for a garagekeeper or a towing firm to tow or to store a vehicle the garagekeeper or towing firm shall obtain an express written authorization for towing and storage of each vehicle from a law enforcement officer with appropriate jurisdiction, or from the owner of the vehicle, or from the owner, or the authorized agent of the owner, of the private property from which the vehicle is to be towed. The authorization shall include all of the information required by § 66-19-103(d). In addition to any other penalty provided by this part or by title 66, chapter 19, part 1, a violation of this section is a Class C misdemeanor.
(b) This section and § 66-19-103(a) do not apply to new or used motor vehicle dealers licensed under chapter 17 of this title.

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66-19-103(a)(6)

§ 55-16-113. Kickbacks involving the towing of vehicles.

(a) Notwithstanding any other provision of this chapter to the contrary, a towing firm shall not make, confer or offer any payment or any other pecuniary benefit to an owner or manager of property from which the firm has towed a vehicle with the intent of rewarding the owner or manager for referring the vehicle for towing.
(b) Notwithstanding any of this chapter to the contrary, an owner or manager of property from which a towing firm has towed a vehicle may not solicit or receive any payment or other pecuniary benefit from a towing firm in exchange for referring a vehicle for towing to the firm.
(c) A violation of subsection (a) or (b) is a Class C misdemeanor.

Chapter 17 Vehicle Sales Licenses

Part 1 Motor Vehicle Sales Licenses

§ 55-17-101. Legislative findings and declaration.

The general assembly finds and declares that the distribution and/or sale of motor vehicles in the state vitally affects the general economy of the state and the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license motor vehicle manufacturers, distributors, dealers, salespersons, and their representatives doing business in Tennessee in order to prevent frauds, impositions and other abuses upon its citizens.

§ 55-17-102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Automobile auction” means:
  1. (A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents;
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    55-17-114(d)(1)
    62-19-112(b)(4)
  2. (B) Any person who provides the facilities for or is in the business of selling in an auction format motor vehicles that in the opinion of the commission are antique or unique; or
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    55-17-114(d)(4)
  3. (C) Any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as an auctioneer by the Tennessee auctioneer commission, and is auctioneering on consignment by and between persons, motor vehicles originally manufactured for mass transportation and exceeding thirty-four feet (34′) in length;
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    55-17-114(c)(19)
    55-17-120(a)
2. (2) “Automotive dismantlers and recyclers” means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors;
3. (3) “Closed title” means an executed certificate of title indicating the motor vehicle dealer as the current owner or transferee;
4. (4) “Commission” means the motor vehicle commission created by this part;
5. (5) “Distributor” or “wholesaler” means any person who in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers or who maintains distributor representatives;
6. (6) “Distributor branch” means a branch office similarly maintained by a distributor or wholesaler for the same purpose a factory branch is maintained;
7. (7) “Distributor representative” means a representative employed by a distributor or employed by a distributor branch or wholesaler for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees;
8. (8) “Established place of business” means a permanent structure or structures owned, leased or rented by a motor vehicle dealer providing signs, facilities and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing or repairing motor vehicles or functional or nonfunctional parts of motor vehicles and where replacement parts, repair tools and equipment as well as the books and records needed to conduct the business are kept. The structure or structures must be physically apart from any other business and shall not include a private residence of any sort, tent or temporary stand;
9. (9) “Factory branch” means the branch office maintained by a manufacturer for the sale or transfer of motor vehicles to distributors or to motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer;
10. (10) “Factory representative” means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees;
11. (11) “Franchise” means an oral or written agreement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise;
12. (12) “Fraud,” in addition to its normal legal connotation, means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact;
13. (13) “Manufacturer” means any person who manufactures or assembles new and unused motor vehicles or recreational vehicles, or who maintains factory representatives;
14. (14) “Motor vehicle” means any self-propelled motor-driven vehicle of the type and kind required to be registered and titled under chapter 1 of this title, and includes, but is not limited to, “motor vehicle” as defined in § 55-1-103; “motorcycle” as defined in § 55-1-103; and “truck” as defined in § 55-1-104; and does not include a recreational vehicle as defined in § 55-28-102;
15. (15) “Motor vehicle dealer” means any person not excluded by subdivision (17), engaged in the business of selling, offering to sell, soliciting or advertising the sale of motor vehicles or used recreational vehicles, or possessing motor vehicles or used recreational vehicles for the purpose of resale, either on that person's own account or on behalf of another, either as that person's primary business or incidental to that person's business;
16. (16) “Motor vehicle salesperson” or “vehicle salesperson” means any person who is not excluded by subdivision (17), and who is:
  1. (A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; or
  2. (B) Employed by a recreational vehicle dealer licensed pursuant to part 4 of this chapter, and who is engaged in the business of effecting or attempting to effect the sale or purchase of recreational vehicles or used motor vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party;
17. (17) “Motor vehicle dealer” and “motor vehicle salesperson” do not include the following:
  1. (A) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;
  2. (B) Public officers while performing or in the operation of their duties;
  3. (C) Employees of persons, corporations, or associations enumerated in subdivision (17)(A) when engaged in the specific performance of their duties as employees;
  4. (D) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising;
  5. (E) All banks, finance companies, loan companies, insurance companies, auto body shops or garages that have not obtained a motor vehicle for the purpose of resale, selling or offering to sell used motor vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
  6. (F) Persons when selling motor vehicles that have been designated by the seller as nonrepairable vehicles, as defined in § 55-3-201, whether or not such vehicles have been issued a nonrepairable vehicle certificate to licensed automotive dismantlers and recyclers, or registered scrap metal dealers or scrap metal processors, solely for recycling, dismantling, or scrap;
  7. (G) A recreational vehicle dealer licensed pursuant to part 4 of this chapter engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new or used recreational vehicles or used motor vehicles pursuant to § 55-17-419;
18. (18) “Person” means every natural person, partnership, corporation, association, trust, estate, or any other legal entity;
19. (19) “Public automobile auction” means offering motor vehicles for sale to the highest bidder where buyers are members of the public by any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as a public automobile auctioneer by the Tennessee auctioneer commission; provided, that no public automobile auction shall otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents;
20. (20) “Public automobile auctioneer” means any individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles;
21. (21) “Recreational vehicle” has the same meaning as defined in § 55-28-102; and
22. (22) “Sale” means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto, as well as any option, subscription or other contract, or solicitation looking to a sale, offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any motor vehicle or franchise with respect thereto with or as a bonus on account of the sale of anything shall be deemed a sale of the motor vehicle or franchise.

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§ 55-17-103. Motor vehicle commission — Appointment and qualifications of members.

(a)
1. (1) There is created the Tennessee motor vehicle commission to be composed of seventeen (17) members including a chair. One (1) industry member shall be selected from each of the state's nine (9) congressional districts and the chair shall be selected from the state at large. Industry members may be selected and appointed by the governor from lists of qualified persons furnished by interested automotive groups including, but not limited to, the Tennessee Automotive Association. Two (2) members shall be affiliated with motor vehicle manufacturers licensed in Tennessee, to be selected from the state at large. Such manufacturer members may be selected and appointed by the governor from a list of qualified persons submitted by interested motor vehicle manufacturers licensed in Tennessee; however, in the event of a vacancy in either of the manufacturer member positions, if the manufacturers fail to submit a list of qualified persons within one hundred eighty (180) days of any vacancy, the governor may appoint a consumer member to fill each vacancy to serve the full term of the manufacturer member. One (1) member shall be an independent motor vehicle dealer whose principal inventory is used motor vehicles. Such member may be selected and appointed by the governor from lists of qualified persons furnished by interested automotive groups, including, but not limited to, the Tennessee Independent Automobile Dealers Association. In addition thereto, the governor shall appoint four (4) additional consumer members of the commission who are citizens of this state and who have no interest, direct or indirect, in the commercial manufacture or sale of motor vehicles.
2. (2) The industry members of the commission shall not have a history of suspension or revocation of a motor vehicle dealers' license. Such members shall each have demonstrated an interest in improving the retail motor vehicle industry by membership in a trade association that meets the requirements set forth in § 50-6-405(c)(1). Each member shall be a citizen of the United States, shall have been a resident of this state for at least five (5) years, and shall be a franchised motor vehicle dealer. The governor shall consult with interested automotive groups including, but not limited to, the Tennessee Automotive Association to determine a qualified person to fill each of the ten (10) industry member positions.
3. (3) In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
(b) Each of the industry members of the commission who may be appointed by the governor from the list of names submitted by interested automotive groups, including, but not limited to, the Tennessee Automotive Association shall, at the time of appointment, be a resident of the congressional district from which the member is appointed, except the chair, who shall be a resident of the state. All shall be of good moral character and each shall have been actually engaged in the manufacture, distribution or sale of motor vehicles in this state for not less than five (5) consecutive years preceding the appointment, and each shall have the necessary qualifications for the applicable license under this part, and be the holder of such license at all times while a member of the commission. Each of the industry members of the commission appointed by the governor shall at the time of appointment be a resident of the state, shall be a person of good moral character, and shall have been for a period of not less than five (5) consecutive years next preceding the appointment licensed as a factory representative of some manufacturer authorized to do business in Tennessee, and shall further hold the license at all times while a member of the commission. Being engaged in more than one (1) licensed activity shall not disqualify a person from serving as an industry member of the commission.
(c) The member of the commission who may be appointed by the governor from the list of names submitted by interested automotive groups, including, but not limited to, the Tennessee Independent Automobile Dealers Association shall, at the time of appointment, be a resident of the state. The member shall be of good moral character and shall have been actually engaged in the sale of used motor vehicles in this state for not less than five (5) consecutive years preceding the appointment, and shall have the necessary qualifications for the applicable license under this part, and be the holder of such license at all times while a member of the commission.

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§ 55-17-104. Terms of members — Vacancies — Oath of office.

(a) The terms of the chair, and the manufacturer and the consumer members of the commission shall be coterminous with that of the governor making their appointment or until their successors are appointed and qualified.
(b)
1. (1) The terms of the industry members first appointed to the commission shall be as follows: those members appointed from the list submitted by the Tennessee Automotive Association who are appointed from the first, fourth and seventh congressional districts shall serve until June 30, 1956; the members appointed from the second, fifth and eighth congressional districts shall serve until June 30, 1958; and the members appointed from the third, sixth and ninth congressional districts shall serve until June 30, 1990; provided, that each member shall serve until a successor is appointed and qualified.
2. (2) Thereafter, the term of office of each industry member of the commission other than the chair shall be for six (6) years.
3. (3) In the event of the death, resignation or removal of any person serving as a member of the commission, the vacancy shall be filled by the appointment of the governor in the same manner heretofore prescribed for the unexpired portion of the term.
(c) The chair and each member of the commission shall take and subscribe to the oath of office required of public officers.

§ 55-17-105. Official residence of commission — Meetings — Quorum — Attendance.

(a) The commission's official residence shall be at Nashville.
(b) The commission shall meet at least once quarterly, such meetings to be in the months of January, April, July, and October. Special meetings may be held upon call of the chair upon adequate notice given by the executive director to the members of the commission and other interested parties.
(c) A majority of the membership to which the commission is entitled shall constitute a quorum for the transaction of official business.
(d)
1. (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission.
2. (2) The commission's executive director shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1). If the commission does not appoint a person to serve as its executive director, the commission's presiding officer shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).

§ 55-17-106. Executive director — Staff — Special counsel — Seal.

(a) The commission has the authority to appoint a qualified person to serve as its executive director who shall serve at the pleasure of the commission and whose duties shall be prescribed by the commission. These duties shall include, but not be limited to:
1. (1) The supervision of the commission's office and direction of the activities of the commission's employees;
2. (2) Keeping custody of the commission's official seal and the fixing of this seal to all license certificates issued by the commission;
3. (3) The receipt and prompt disposition of all correspondence or inquiries directed to the commission; and
4. (4) The performance of any other duty required by the commission in the enforcement of this part and part 4 of this chapter.
(b) Before assuming any official duties, the executive director shall take and subscribe to the oath of office and shall execute a bond in the manner prescribed by title 8, chapter 19.
(c) The salary of the executive director shall be fixed by the commissioner of commerce and insurance, subject to the approval of the commissioner of human resources.
(d) The commissioner of commerce and insurance shall employ clerical help, investigators, and field investigators and shall incur other expenses, as may be necessary for the proper discharge of the commission's duties under this part.
(e) The commission is further authorized to employ special counsel to represent it in any court or administrative proceeding; provided, that no fee paid for any one (1) such employment shall exceed the sum of two hundred fifty dollars ($250); and provided further, that this employment of counsel shall be subject to the approval of the governor and the attorney general and reporter.
(f) The commission also has the authority to adopt an official seal that shall be as follows: the official seal of the state of Tennessee bordered by the inscription — “Tennessee Motor Vehicle Commission.”

§ 55-17-107. Powers and duties of commission — Rules and regulations — Forms.

The commission is vested with those powers and duties necessary and proper to enable it to fully and effectively carry out the provisions and objectives of this part and part 4 of this chapter, including, but not limited to:
1. (1) The authority to promulgate reasonable substantive and procedural rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
2. (2) The authority to prescribe all forms to be used by the commission in the transaction of its business including application forms, license forms, complaint forms, and renewal forms.

§ 55-17-108. Disposition of fees and charges.

All fees and charges under this part shall be collected and received by the executive director of the commission and paid by the executive director into the state treasury.

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55-17-112(d)

§ 55-17-109. Activities for which license required — Exception.

(a)
1. (1) It is unlawful for any person to engage in business as, or serve in the capacity of, or act as a manufacturer, distributor, factory branch, distributor branch, factory representative, distributor representative, motor vehicle dealer, motor vehicle salesperson or automobile auction without first obtaining a license as required in this part.
2. (2) Notwithstanding any of this part to the contrary, an automobile auction license shall not be required for a motor vehicle dealer licensed to sell used motor vehicles if:
  1. (A) No more frequently than once a year, the dealer utilizes an auction format to sell used motor vehicles at the dealer's established place of business;
  2. (B) The auction is conducted by an auctioneer licensed by the Tennessee auctioneer commission;
  3. (C) The motor vehicles are not sold on consignment;
  4. (D) A total of not more than fifteen (15) motor vehicles are sold, each of which is at least four (4) model years old; and
  5. (E) The dealer provides at least ten (10) days' advance written notification to the commission describing the time and place of the auction as well as the motor vehicles to be sold in the auction.
(b) It is a Class A misdemeanor for any person, firm, association, corporation, or trust to engage in business as, or act as, an automotive dismantler and recycler in this state without first obtaining a license therefor as provided in this part.
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- 54-20-123(a)
- 54-20-123(d)
(c) The commission shall neither create nor issue any category of license other than those categories specifically required by this chapter. It is unlawful for any person to commercially engage in any activity involving the distribution and/or sale of motor vehicles or recreational vehicles without first qualifying for and obtaining a license or licenses specifically authorized by this chapter unless the requirement for licensure is specifically exempted by statute.
(d) Public automobile auctions shall be licensed and regulated by the Tennessee auctioneer commission and the Tennessee motor vehicle commission when engaged in the sale of motor vehicles.

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§ 55-17-110. License for each location and franchise — Exception — Employment of salesperson.

(a) Any person engaging, acting or serving in more than one (1) of the activities for which a license is required under § 55-17-109 or having more than one (1) location where the business is carried on or conducted, is required to obtain and hold a separate, current license for each activity in which the person is engaged for each location.
(b) Any motor vehicle dealer having more than one (1) franchise permitting the dealer to sell or have an interest in the sale of motor vehicles with more than one (1) trade name or line-make shall obtain a separate license for each trade name or line-make of motor vehicle; provided, that persons selling used motor vehicles exclusively need only obtain one (1) license for each business location.
(c) No motor vehicle dealer or recreational vehicle dealer as defined in § 55-17-401 shall hire any person for the purpose of selling motor vehicles or recreational vehicles, or for acting in the capacity of a motor vehicle salesperson, without first determining that the person is duly licensed as a motor vehicle salesperson.
(d) No motor vehicle salesperson shall sell or attempt to sell any motor vehicle or recreational vehicle for any motor vehicle dealer or recreational vehicle dealer, unless the motor vehicle salesperson is employed by the motor vehicle dealer or recreational vehicle dealer having an interest in the sale of the motor vehicle or recreational vehicle.
(e) No person licensed under this section shall give, pay or in any manner compensate any other person for services rendered as a motor vehicle salesperson without first engaging or employing the person in the capacity of a motor vehicle salesperson.

§ 55-17-111. Application for license — Contents — Bond — Report of changes.

(a) The commission shall prescribe and provide forms to be used for applications for licenses and for the renewals thereof to be issued under the terms and provisions of this part, and require all applicants and their enfranchised manufacturers, as a condition precedent to the issuance of a license, to provide information touching on and concerning the applicant's character, honesty, integrity, reputation and business relationships and ability as the commission may deem necessary; provided, that every application for a new dealer's license shall contain, in addition to any information that the commission may require, a statement to the following facts:
1. (1) The name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct business;
  1. (A) If the applicant is a co-partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted;
  2. (B) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers, directors and all persons owning more than five percent (5%) of outstanding shares of stock issued by the corporation;
2. (2) A complete description, including the city, town, or village with the street and number, if any, of the permanent, established place of business and other and additional place or places of business as shall be operated and maintained by the applicant in conjunction with the permanent, established place of business;
3. (3) A financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application and copies of the most current financial information furnished to the manufacturer, distributor or their representatives under the terms of any franchise agreements;
4. (4) The trade name or trade names or line-make or line-makes of the new motor vehicle or vehicles that the applicant is or has been franchised to sell or exchange and the name or names and address of any manufacturer or distributor who has enfranchised the applicant;
5. (5) Whether the applicant proposes to sell new or used motor vehicles or both;
6. (6) Evidence that the motor vehicle dealer applicant is the holder of a current business tax license indicating that the applicant's business is that of a motor vehicle dealer;
7. (7) A duly executed service agreement on forms provided by the commission with a factory authorized service or repair garage within a reasonable distance from the applicant's established place of business, if the motor vehicle dealer applicant does not have facilities at the dealer's established place of business to service or repair motor vehicles; and
8. (8) A statement that the applicant is or applicants are or intend to be primarily engaged in business as a motor vehicle dealer and that this activity constitutes or will constitute the principal business of the applicant or applicants.
(b) All applications for licenses required to be obtained under this chapter shall be verified by oath or affirmation of the applicant or applicants.
(c) All applications shall be accompanied by the payment of the fee prescribed by § 55-17-112. In the event that any application is denied or the license applied for is not issued, seventy-five percent (75%) of the license fee shall be refunded to the applicant or applicants.
(d) In addition to the requirements enumerated above, each automobile auction or branch thereof must submit with its application a corporate surety bond in the amount of fifty thousand dollars ($50,000) on forms provided by the commission. Every bond shall provide for suit thereon by any person, including the state, who has a cause of action under this chapter. Every bond shall also provide that no suit may be maintained to enforce any liability on the bond unless brought within two (2) years after the event giving rise to the cause of action.
(e) A dealer must submit a change of address, ownership, employment, trade name, or line-make of motor vehicle a dealer is franchised to handle to the commission, in writing, within thirty (30) days from the date of the change. A dealer must notify the commission of the termination of a salesperson's employment, in writing, within thirty (30) days of the termination.
(f) If a motor vehicle salesperson desires to change employment from one (1) dealer to another, then that salesperson must submit a transfer application to the commission. The salesperson may begin employment with another dealer upon submitting the transfer application and paying any associated fees.
(g)
1. (1) Each application for a license or renewal of a license of a motor vehicle dealer shall be accompanied by evidence satisfactory to the commission that the dealer has a surety bond in the amount of at least fifty thousand dollars ($50,000) in force. A letter of credit shall not be satisfactory evidence of a surety bond in the required amount.
2. (2)
  1. (A) The bond is for the benefit of any person who suffers loss because of either:
    1. (i) Nonpayment by the dealer of a retail customer's prepaid title, registration or other related fees or taxes; or
    2. (ii) The dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle.
  2. (B) The aggregate liability of the surety to all persons shall in no event exceed the amount of this bond.
3. (3) In lieu of a corporate surety on the bond required by subdivision (g)(1), the commission may allow the dealer to secure the bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, that has a face value equal to the amount of the bond. The collateral may be deposited with or executed through any authorized state depository designated by the commission. Interest on any deposited certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the dealer or the certificate may direct.
4. (4) No license so issued shall be transferable, and a separate license shall be required for each separate place of business and shall be prominently displayed in the place of business operated by the person to whom the license is issued.
5. (5) Any surety is required to provide sixty (60) days' notice of cancellation of the bond or certificate of deposit or letter of credit to the commission.
(h)
1. (1) All applications for issuance or renewal of a motor vehicle dealer license shall contain an attestation that the applicant will comply with each of the following requirements:
  1. (A) The applicant shall maintain the surety bond required by subsections (d) and (g), as applicable, in full force and effect during all times that the license is active; and
  2. (B) The applicant shall notify the commission upon a change in ownership or location of the dealership as required by § 55-17-113.
2. (2) Additionally, all applications for issuance or renewal of a motor vehicle dealer license shall contain the following statement, immediately following the attestation required by subdivision (h)(1):
  1. FAILURE TO MAINTAIN A SURETY BOND AS REQUIRED BY T.C.A. § 55-17-111, OR NOTIFY THE MOTOR VEHICLE COMMISSION OF A CHANGE IN THE OWNERSHIP OR LOCATION OF THE DEALERSHIP AS REQUIRED BY T.C.A. § 55-17-113, MAY RESULT IN THE ASSESSMENT OF A CIVIL PENALTY AND/OR SUSPENSION OR REVOCATION OF THE MOTOR VEHICLE DEALER LICENSE.

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55-17-111(h)(2)

§ 55-17-112. License fees — Interest — Penalty.

(a) The biennial license fees for licenses issued and renewed under this part shall be set by the commission.
(b) A penalty of fifty percent (50%) of the amount of the license fee will be assessed on any renewal application postmarked after the expiration date of the license.
(c) No renewal application will be accepted more than ninety (90) days after the expiration date of a license.
(d) Notwithstanding §§ 55-17-108 and 55-17-119 to the contrary, all revenue resulting from fees, penalties or interest increased by the 1987 amendment to this section shall be allocated to the motor vehicle commission.

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§ 55-17-113. Location of business to be specified on license — Changes requiring new license — Possession and display of license — Name to appear on license.

(a) The license issued to each motor vehicle dealer, manufacturer, distributor, factory branch, distributor branch or automotive dismantler and recycler shall specify the location of the factory, dealership, office or branch.
(b) Any motor vehicle dealer licensed under this part shall promptly notify the commission of a change in ownership, location or franchise or any other matters the commission may require by rule. If a dealership changes its location entirely or in part or changes or adds to the dealer's franchise or line-makes, a new license must be applied for as in any original application.
(c) Every motor vehicle salesperson, factory representative or distributor representative shall have the license in the person's possession when engaged in business and shall display it upon request. The name of the employer of the motor vehicle salesperson, factory representative or distributor representative shall appear on the face of the license.

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§ 55-17-114. Grounds for denial, suspension, or revocation of license.

(a)
1. (1) The commission may deny any application for a license or revoke or suspend any license after it has been issued upon finding that:
  1. (A) The applicant or license holder was previously the holder of a license issued under this part or part 4 of this chapter, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled;
  2. (B) The applicant or license holder was previously a partner, stockholder, director or officer controlling or managing a partnership or corporation whose license issued under this part or part 4 of this chapter was revoked for cause and never reissued or was suspended for cause and the terms of the suspension have not been terminated;
  3. (C) The licensee or applicant has been convicted of a crime of moral turpitude and fewer than five (5) years have passed since the licensee or applicant has completed serving the licensee's or applicant's sentence, including parole or probation, whichever is later;
  4. (D) The applicant or license holder has filed an application for a license that as of its effective date was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
  5. (E) The applicant or license holder has willfully and continually failed to pay the proper application or license fee;
  6. (F) The applicant or license holder has practiced fraud in the conduct of business;
  7. (G)
    1. (i)
      1. (a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or
      2. (b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)(a) shall apply;
    2. (ii)
      1. (a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or
      2. (b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or
    3. (iii) The license holder need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer; or
  8. (H) The applicant or license holder has failed to make available for inspection to the commission or its agents all books, records, and other memoranda of all transactions, transfers, or sales of motor vehicles;
2. (2) The commission shall promulgate a rule to provide that consumer information regarding chapter 24 of this title will be made available to their customers.
(b)
1. (1) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of a motor vehicle dealer or salesperson who:
  1. (A) Has required the purchaser of a motor vehicle as a condition of sale and delivery thereof to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser, unless the features, appliances, accessories or equipment are the type that are ordinarily installed on the vehicle by the manufacturer or distributor when the vehicle is received or acquired by the dealer;
  2. (B) Has represented or sold as a new or unused motor vehicle any vehicle that has been operated for demonstration purposes or that is otherwise a used motor vehicle;
  3. (C) Has sold or offered for sale as a new or unused motor vehicle any motor vehicle for which the dealer or salesperson cannot secure for the purchaser of the motor vehicle such new car warranty as may be extended by the manufacturer of the vehicle to purchasers of one (1) of its new vehicles, unless the fact that the vehicle is being sold without a manufacturer's warranty is communicated to the purchaser and disclosed prominently in writing on the bill of sale;
  4. (D) Has no established place of business that is used or will be used primarily for the purpose of selling, buying, displaying, repairing or servicing motor vehicles;
  5. (E) Resorts to or uses false or misleading representations in connection with that person's business as a motor vehicle dealer or salesperson; provided, that dealers are specifically authorized to charge a document preparation fee, processing fee or servicing fee in addition to the sales price of the motor vehicle and these fees shall not be deemed to be a false or misleading representation made in connection with the sale of a motor vehicle, nor a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and provided further, that the amount of these fees is separately stated and clearly and conspicuously disclosed on the face of the sales contract or buyer's invoice prior to the buyer's execution thereof. For purposes of this subdivision (b)(1)(E), the disclosure shall be deemed to be “conspicuous” if it is listed on the contract or invoice in the same place and manner and in type face no smaller or less obvious than the other type face used therein with respect to other charges listed, and shall be deemed to be “clear” if it states that the charge is a fee for “document preparation,” “processing” or “servicing” or language or abbreviations to the same or a similar effect. The authorization provided by this subdivision (b)(1)(E) shall not apply if the dealer represents to the buyer that the fee is required by or will be paid to any governmental agency or entity;
  6. (F) Gives false or fictitious names or addresses for the purpose of registering the sale of a motor vehicle or who makes application for the registration of a motor vehicle in the name of any person other than the true owner;
  7. (G) Employs any person who has not been licensed as a salesperson pursuant to this part;
  8. (H) Fails to reasonably supervise agents, salespersons or employees;
  9. (I) Uses or permits the use of special license plates assigned to that person for any purpose other than those permitted by law;
  10. (J) Disconnects, turns back or resets the odometer of any motor vehicle in violation of state or federal law, except as provided for in § 39-14-132(b);
  11. (K) Commits any act or practice involving the purchase, sale, repair or servicing of a motor vehicle or the parts or accessories of a motor vehicle, that, in the opinion of the commission, is false, fraudulent or deceptive;
  12. (L) Increases the price of a new motor vehicle to a retail customer after the dealer has accepted an order of purchase or a contract from a buyer, except that a trade-in vehicle may be reappraised if it subsequently suffered damage, or parts or accessories have been removed. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease;
  13. (M) Possesses any certificate of title that is not a closed title, unless the motor vehicle dealer maintains an executed consignment form developed by the commission on each motor vehicle that does not have a closed title;
  14. (N) Issues more temporary plates than allowed by law or fails to maintain a record of the issuance of temporary plates;
  15. (O) Engaged in curbstoning, as defined in § 55-16-103;
  16. (P) Prior to a motor vehicle being subject to a public automobile auction, the public automobile auctioneer shall verify that the motor vehicle has a clean and unencumbered title, by obtaining a valid motor vehicle title history from the department of revenue or if the motor vehicle is registered in a state other than this state, the appropriate titling agency in the other state;
  17. (Q) All public automobile auctions must take place at the established place of business listed on the motor vehicle dealer license;
  18. (R) The public automobile auction shall not sell new or unused motor vehicles or vehicles with a manufacturer's statement of origin;
  19. (S) The public automobile auctioneer shall take possession of and retain title to each motor vehicle offered for sale at the auction. If the sale is finalized on a motor vehicle, the owner of the vehicle shall sign the title over to the public automobile auctioneer who shall then sign the title over to and deliver the title to the buyer on the date of the sale. If a sale of the vehicle is not made, then the unsigned title shall be returned to the owner of the vehicle who offered the vehicle for sale at the auction. At all times, the public automobile auction shall be deemed the seller of the motor vehicle with the same duties and responsibilities as other licensed motor vehicle dealers; or
  20. (T) Fails to maintain a record of a customer's motor vehicle liability insurance coverage or other proof of financial responsibility for any customer who is issued a temporary plate by a motor vehicle dealer who finances the sale of used motor vehicles and retains the title to such vehicles. The record shall be maintained in the same manner or for the same period of time as the record of issuance of temporary plates described in subdivision (b)(1)(N).
2. (2) Whenever any licensee pleads guilty or is convicted of the offense of odometer tampering or any other criminal offense involving moral turpitude, the licensee must within sixty (60) days so notify the commission and must provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the guilty plea or conviction unless, during the sixty-day period, the licensee makes a written request to the commission for a hearing. Following the hearing, the commission in its discretion may impose upon the licensee any sanction permitted by this part.
3. (3) A motor vehicle dealer shall pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received actual payment on the financing contract for the new motor vehicle purchase.
4. (4)
  1. (A) Notwithstanding any law to the contrary, the commission may revoke or suspend the license of or levy a civil penalty against any motor vehicle dealer who, in a motor vehicle transaction that is conditioned upon final funding to the dealer by a third-party financial institution, fails to:
    1. (i) Provide in writing to the customer the conditional delivery agreement set forth in subdivision (b)(4)(D);
    2. (ii) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution;
    3. (iii) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or
    4. (iv) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase.
  2. (B) As used in this subdivision (b)(4), “funding” means actual payment to the dealer by the financial institution purchasing the financing contract or lease.
  3. (C) Compliance with subdivisions (b)(4)(A) and (B) may not be waived by any consumer.
  4. (D) The form of the conditional delivery agreement shall be as follows:
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    55-17-408(f)(1)(A)
(c) In addition to the grounds contained in subsection (a), the commission may deny an application for a license, or revoke or suspend the license of a manufacturer, distributor, distributor branch, factory branch or officer, agent or other representative thereof who has:
1. (1) Refused to deliver to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new and unused motor vehicles sold or distributed by the manufacturer, distributor, distributor branch or factory branch any motor vehicle publicly advertised for immediate delivery within sixty (60) days after the dealer's order has been received;
2. (2) Sold or offered for sale to a franchised dealer any supplies, material, or other things of value at the time of and as a part of the negotiations for a new or renewal franchise or contract renewing or extending for an additional period of time the dealer's franchise agreement, regardless of whether the sale or offer of sale shall be made a prerequisite to the renewal of a franchise agreement or not;
3. (3) Unfairly or without due regard to the equities or without just provocation cancelled or failed to renew the franchise or selling agreement of a motor vehicle dealer;
4. (4) Entered into a franchise agreement with a dealer who does not have, or is not able to provide, proper facilities to provide the services to the purchasers of new motor vehicles that are guaranteed by the new car warranties issued by the manufacturer;
5. (5) Prevented or required, or attempted to prevent or require, by contract or otherwise, any change in the capital structure of the dealership or the means by or through which the dealer finances the operation of the dealership; provided, that the dealer at all times meets any reasonable capital standards agreed to by the dealer and the manufacturer or distributor; and provided further, that no change in capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor;
6. (6) Prevented or required, or has attempted to prevent or require, a dealer to change the executive management of the dealership, other than the principal dealership operator or operators, if the franchise was granted to the dealer in reliance upon the personal qualifications of the person or persons;
7. (7) Prevented or required, or has attempted to prevent or require, by contract or otherwise, any dealer, or any officer, partner, or stockholder of any dealership, the sale or transfer of any part of the interest of any of them to any other person or persons. No dealer, officer, partner, or stockholder, however, has the right to sell, transfer, or assign the franchise, or any right thereunder, without the consent of the manufacturer or distributor, except that the consent shall not be unreasonably withheld;
8. (8) Prevented, or has attempted to prevent, a dealer from receiving fair and reasonable compensation for the value of the franchise business. There shall be no transfer or assignment of the dealer's franchise without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld;
9. (9) Obtained money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to the dealer;
10. (10) Required a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability to be imposed by this part, or has required any controversy between a dealer and manufacturer, distributor, or its representative, to be referred to any person other than the commission if the referral would be binding on the dealer. This subdivision (c)(10) shall not, however, prohibit arbitration before an independent arbitrator or the commencement of any legal action;
11. (11) Increased prices of motor vehicles that the dealer has ordered but not delivered for private retail customers prior to the dealer's receipt of the written official price increase notification. A sales contract by a private retail customer shall constitute evidence of each such order. In the event of manufacturer price reductions, the amount of any reduction received by a dealer shall be passed on to the private retail customer by the dealer, if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reduction shall apply to all vehicles in the dealer's inventory that are subject to the price reduction. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease. Price changes caused by either:
  1. (A) The addition to a motor vehicle of required or optional equipment pursuant to state or federal law; or
  2. (B) Revaluation of the United States dollar in the case of foreign-make vehicles;
  3. shall not be subject to this subsection (c);
12. (12) Failed to pay a dealer, within a reasonable time following receipt of a valid claim by a dealer thereof, any payment agreed to be made by the manufacturer or distributor to the dealer by reason of the fact that a new vehicle of a prior year model is in the dealer's inventory at the time of introduction of new model vehicles;
13. (13) Denied or attempted to deny the surviving spouse or heirs designated by a deceased owner of a dealership, the opportunity to participate in the ownership of the dealership or a successor dealership under a valid franchise after the death of the owner, unless there are reasonable grounds for the denial;
14. (14) Offered any refunds or other types of inducements to any person for the purchase of new motor vehicles of a certain line-make to be sold to the state or any political subdivision thereof or to any other person without making the same offer to all other dealers in the same line-make within the state;
15. (15) Employed any person as a representative who has not been licensed pursuant to this part;
16. (16) Denied any dealer the right of free association with any other dealer for any lawful purpose;
17. (17) Competed with a dealer in the same line-make operating under an agreement or franchise from a manufacturer or distributor in the relevant market area. A manufacturer or distributor shall not, however, be deemed to be competing when operating a dealership either temporarily for a reasonable period of time, or when operating a bona fide retail operation that is for sale to any qualified independent person at a fair and reasonable price, or when there is a bona fide relationship in which an independent person has made a sufficient investment subject to loss in the dealership and can reasonably expect to acquire full ownership of subject dealership on reasonable terms and conditions. An exclusive motor truck manufacturer, when selling vehicles having a gross vehicle weight over six thousand (6,000) pounds, shall not be deemed to be competing when operating a dealership that sells motor trucks at retail if, for at least six (6) years prior to January 1, 1977, the manufacturer has continuously so operated the dealership;
18. (18) Unfairly discriminated among its franchisees with the respect to warranty reimbursement or authority granted its franchisees to make warranty adjustments with retail customers;
19. (19) Sold motor vehicles to persons not licensed under this part as motor vehicle dealers, except as provided in § 55-17-102(1)(C);
20. (20) Granted a competitive franchise in the relevant market area previously granted to another motor vehicle dealer. “Relevant market area,” as used in this subdivision (c)(20), means that area as described or defined in the then existing franchise or dealership of any dealer or dealers; provided, that if the manufacturer wishes to grant a franchise to an independent dealer, or to grant an interest in a new dealership to an independent person in a bona fide relationship in which the person has made a sufficient investment subject to loss in the dealership, and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions, then the manufacturer shall give written notice to the existing dealer or dealers in the area, and the matter shall be submitted to the commission for final and binding action under the principles herein prescribed for a determination of the relevant market area, the adequacy of the servicing of the area by the existing dealer or dealers and the propriety of the granting of additional dealerships. The complaint, whether filed by an existing dealer or upon motion of the commission, shall be filed within thirty (30) days of the receipt by affected dealers of notice as required herein, and if no protests are filed, the manufacturer may proceed to grant the additional franchise;
21. (21) Committed any other act prejudicial to the dealer by threatening to cancel the franchise or any contractual agreement existing between the dealer and the manufacturer, manufacturer branch, distributor, or distributor branch. Written notice in good faith to any dealer of the dealer's violations of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this subsection (c);
22. (22) Coerced or attempted to coerce any motor vehicle dealer to accept delivery of any motor vehicle or motor vehicles, appliances, equipment, parts, tools or accessories therefor, or any other commodity or commodities that have not been voluntarily ordered by the dealer;
23. (23) Coerced or attempted to coerce any motor vehicle dealer to contribute or pay money or anything of value into any cooperative or other advertising program or fund;
24. (24) Coerced or attempted to coerce any motor vehicle dealer to engage in any business pursuit that is not directly related to the sale of motor vehicles as defined by the commission; or
25. (25) Forced, coerced or otherwise required a franchisee to use reconditioned parts in warranty repairs without disclosing such to the owner or lessee.
(d) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of an automobile auction or agent thereof who has:
1. (1) If acting as an automobile auction as defined in § 55-17-102(1)(A), willfully permitted any person or persons to buy, sell, exchange or in any other manner participate in automobile auction sales without first determining that the person or persons are duly licensed motor vehicle dealers or duly authorized agents licensed either under this part or under a similar act of another state, unless a motor vehicle dealer license is not required by law;
2. (2) Failed to provide and make available for inspection to the commission or its agents, all books, records and other memoranda of all transactions, transfers or sales of motor vehicles that take place during the course of business;
3. (3) Engaged in the business of an automobile auction or agent without posting the bond required by law; or
4. (4) If acting as an automobile auction as defined in § 55-17-102(1)(B), sold motor vehicles on consignment without showing on the title that the motor vehicle was purchased directly from the auction and not from a third party.
(e) The commission may revoke or suspend any license that the commission has issued upon finding that the licensee has not maintained any of the requirements for issuance of such license.

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§ 55-17-115. Venue in actions involving manufacturers and motor vehicle dealers.

Notwithstanding any other law to the contrary, the venue for any cause of action, claim, lawsuit, arbitration or mediation in which the parties or litigants are a manufacturer and a motor vehicle dealer shall be the state of Tennessee. This section may not be waived in any contract or other agreement and to do so would be against the public policy of Tennessee.

§ 55-17-116. Judicial review.

All final decisions of the commission pursuant to this part may be judicially reviewed in accordance with § 4-5-322. The venue for these actions shall be Davidson County.

§ 55-17-117. Violations — Civil and criminal penalties — Injunctions.

(a) In addition to the remedies provided in this part, any person violating this part or any rule promulgated under this part, or any order issued by the commission, is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each day of violation or for each act of violation, as the commission or the court may deem proper. All civil penalties shall be paid into the general fund of the state.
(b) Whenever it appears that any person has violated, is violating or is about to violate this part, or any rule promulgated under this part, or any order issued by the commission, the commission, through the attorney general and reporter, may cause a civil suit to be instituted in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat of violation or for the assessment and recovery of the civil penalty provided in this section or for both.
(c) A suit for injunctive relief or for recovery of a civil penalty or for both may be brought either in the county where the defendant resides or conducts business or in the county where the violation or threat of violation occurs.
(d) In any suit filed by the commission, the court may grant the commission, without bond or other undertaking, any prohibitory or mandatory injunction the facts may warrant, including temporary restraining orders, preliminary injunctions and permanent injunctions.
(e) Any person willfully, knowingly and persistently violating this part commits a Class C misdemeanor.

§ 55-17-118. Provisions cumulative.

This part shall be cumulative to existing laws.

§ 55-17-119. Receipts and expenditures.

The commission shall pay all money received as fees and charges into the state treasury and the budget director shall make these allotments out of the general fund as the budget director may deem proper for the necessary and proper expenses of the commission, and no expenditure shall be made by the commission unless and until the allotment has been made by the budget director. The allotment shall be disbursed under the general budgetary laws of the state.

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55-17-112(d)

§ 55-17-120. Exception to licensing requirements. [Effective on October 6, 2023. See the version effective until October 6, 2023.]

(a) Notwithstanding this part, when motor vehicles of the state are being sold at an automobile auction sale, no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids on the vehicles of the state. This person shall not participate in the sales of any other motor vehicles without being licensed as required by this part, except as provided in § 55-17-102(1)(C).
(b)
1. (1) Notwithstanding this part to the contrary, whenever heavy construction equipment is being sold at auction, no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids at the auction on any motor vehicle, having three (3), four (4), or five (5) axles that is designed to unload itself and that transports crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, and other building materials. In addition, no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids at the auction on any motor vehicle, including cars, pick-up trucks, flat bed trucks having two (2) or more axles, service trucks, two-axle dump trucks, or any other vehicle used by the contractor for whose benefit the auction is held or by any other contractor offering such equipment or motor vehicles for sale from the contractor's fleet at the auction. The auction shall not be an automobile auction within this part if the sale of the motor vehicles is incidental to the sale of the heavy construction equipment, and the person conducting the auction need only be licensed as an auctioneer as required by title 62, chapter 19. Notice of the auction shall be given to the motor vehicle commission at least two (2) weeks prior to the auction. The total value of all motor vehicles sold at the auction shall not exceed ten percent (10%) of the sales prices of all equipment sold at the auction.
2. (2)
  1. (A) In addition to subdivision (b)(1), no motor vehicle dealer license shall be required for the operator of a permanent auction facility that has been in continuous operation for at least two (2) years prior to January 1, 2008, and that:
    1. (i) Sells large construction equipment in an auction format;
    2. (ii) Has sales of used motor vehicles whose total value does not exceed fifteen percent (15%) of the total value of all equipment sold, including motor vehicles, as calculated on an annual basis;
    3. (iii) Maintains a regularly staffed facility during normal business hours of not less than thirty (30) hours per week;
    4. (iv) Has a permanent facility with at least fifty (50) contiguous fenced acres located in this state;
    5. (v) Has titles present for all vehicles to be sold by auction at the facility;
    6. (vi) Conducts, at the facility, not more than five (5) such auctions in a calendar year, one (1) of which may be a “vehicles only” auction;
    7. (vii) Does not sell new or unused motor vehicles, or vehicles with a manufacturer's statement of origin only; and
    8. (viii) Sells, at the facility, only motor vehicles that:
      1. (a) Weigh in excess of ten thousand pounds (10,000 lbs.) gross vehicle weight rating (GVWR); or
      2. (b) Weigh less than ten thousand pounds (10,000 lbs.) gross vehicle weight rating (GVWR) if owned by an entity that used the motor vehicle in its normal business operation as either a construction or common carrier or transportation-related entity hauling freight.
  2. (B) The auction shall file with the motor vehicle commission on an annual basis a certification stating:
    1. (i) That all such vehicles sold were not vehicles covered under the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1; and
    2. (ii) The gross proceeds of the auction and the value of all vehicles sold at the auction.
(c)
1. (1) Notwithstanding this part to the contrary, whenever farm equipment and machinery, as defined in § 67-6-102, is being sold at an auction conducted on farm property in accordance with the requirements set forth within subdivision (c)(2), no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids at the auction on a motor vehicle.
2. (2) If the sale at auction, on property owned or possessed by the farmer, of five (5) or fewer motor vehicles is incidental to the sale at auction of farm equipment and machinery owned and used by the farmer, and if each such motor vehicle is owned for at least one (1) year by the farmer, the farmer's parents, or the farmer's children, and if each such motor vehicle is at least two (2) model years old, and if the farmer has not sold motor vehicles at an auction within the previous twelve-month period, then the auction shall not be an automobile auction within this part, and the person conducting the auction need only be licensed as an auctioneer by the auctioneer commission; provided, that the auctioneer must give at least fourteen (14) days' advance written notification to the motor vehicle commission describing the time and place of the auction as well as the items to be sold therein.
(d)
1. (1) Notwithstanding this part to the contrary, a motor vehicle dealer license shall not be required to purchase nonrepairable vehicles, salvage vehicles, or a combination of nonrepairable and salvage vehicles from an automobile auction if the automobile auction primarily sells motor vehicles on consignment.
2. (2) A natural person who resides in this state may purchase at retail no more than five (5) nonrepairable vehicles or salvage vehicles, or any combination thereof, within a twelve-month period.
3. (3) Each automobile auction engaged in the sale of nonrepairable vehicles, salvage vehicles, or a combination of nonrepairable and salvage vehicles, shall:
  1. (A) Keep an electronic record of all sales of each vehicle and include in the record the make, model, year, vehicle identification number, and the name and address of the purchaser and seller of the vehicle;
  2. (B) Obtain from the purchaser of each vehicle a copy of the purchaser's driver license, passport, or other government-issued identification. The automobile auction shall maintain each copy obtained under this subdivision (d)(3)(B) for a period of two (2) years from the date of obtaining the copy; and
  3. (C) Obtain from the purchaser of each vehicle a copy of any license or other authorization required to do business under this chapter or, if the purchaser represents a third party authorized to purchase the vehicle under this chapter, a copy of the third party's license or other authorization required to do business under this chapter and a copy of any document authorizing the purchaser to act on behalf of the third party. The automobile auction shall maintain each copy obtained under this subdivision (d)(3)(C) for a period of two (2) years from the date of obtaining the copy.
4. (4) Each automobile auction required to maintain records pursuant to subdivision (d)(3) shall make the records available, upon written request, to:
  1. (A) Law enforcement officers;
  2. (B) The department of revenue; or
  3. (C) The motor vehicle commission.
5. (5) This subsection (d) shall not limit:
  1. (A) The sale of nonrepairable vehicles or salvage vehicles to a person who resides outside of this state; or
  2. (B) The sale of nonrepairable vehicles or salvage vehicles titled in a state or jurisdiction other than this state.
6. (6) A violation of this subsection (d) is a Class A misdemeanor, punishable by a fine of no less than one thousand dollars ($1,000) and no more than two thousand five hundred dollars ($2,500).
7. (7) An action to impose any penalty under this subsection (d) may be brought in any court of competent jurisdiction by a district attorney or the attorney general and reporter.
8. (8) Monies generated from any fine imposed pursuant to subdivision (d)(6) shall be used only for purposes of enforcement, investigation, prosecution, and training as those purposes relate to violations of this subsection (d).
9. (9) As used in this subsection (d):
  1. (A) “Nonrepairable vehicle” has the same meaning as defined in § 55-3-201; and
  2. (B) “Salvage vehicle” has the same meaning as defined in § 55-3-201.
(e) When motor vehicles are sold incidentally at a bona fide going-out-of-business sale, no license as a motor vehicle dealer is required to sell the vehicles at auction if:
1. (1) All vehicles for sale were owned and titled in the name of the business for at least one (1) year prior to the going-out-of-business sale;
2. (2) The auctioneer gives a fourteen-day prior written notification to the motor vehicle commission providing the time and place of the sale and a list of items to be sold; and
3. (3) The sale does not violate the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(f) [Repealed effective October 16, 2023.]
1. (1) Notwithstanding this part, a motor vehicle dealer license is not required to sell or purchase previously titled antique or unique motor vehicles through an auction format held in conjunction with a motor vehicle festival:
  1. (A) Held at a municipal convention center, as defined in § 7-4-101, located in a county with a population of not less than three hundred sixty-six thousand two hundred (366,200) and not more than three hundred sixty-six thousand three hundred (366,300), according to the 2020 federal census or any subsequent census; and
  2. (B) For which a portion of the festival's proceeds are donated to a hospital neurological institute located in a county with a population of not less than three hundred sixty-six thousand two hundred (366,200) and not more than three hundred sixty-six thousand three hundred (366,300), according to the 2020 federal census or any subsequent census.
2. (2) This subsection (f) is repealed on October 16, 2023.
(g) [Repealed, effective October 17, 2022.]

§ 55-17-120. Exception to licensing requirements. [Effective until October 6, 2023. See the version effective on October 6, 2023.]

(a) Notwithstanding this part, when motor vehicles of the state are being sold at an automobile auction sale, no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids on the vehicles of the state. This person shall not participate in the sales of any other motor vehicles without being licensed as required by this part, except as provided in § 55-17-102(1)(C).
(b)
1. (1) Notwithstanding this part to the contrary, whenever heavy construction equipment is being sold at auction, no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids at the auction on any motor vehicle, having three (3), four (4), or five (5) axles that is designed to unload itself and that transports crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, and other building materials. In addition, no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids at the auction on any motor vehicle, including cars, pick-up trucks, flat bed trucks having two (2) or more axles, service trucks, two-axle dump trucks, or any other vehicle used by the contractor for whose benefit the auction is held or by any other contractor offering such equipment or motor vehicles for sale from the contractor's fleet at the auction. The auction shall not be an automobile auction within this part if the sale of the motor vehicles is incidental to the sale of the heavy construction equipment, and the person conducting the auction need only be licensed as an auctioneer as required by title 62, chapter 19. Notice of the auction shall be given to the motor vehicle commission at least two (2) weeks prior to the auction. The total value of all motor vehicles sold at the auction shall not exceed ten percent (10%) of the sales prices of all equipment sold at the auction.
2. (2)
  1. (A) In addition to subdivision (b)(1), no motor vehicle dealer license shall be required for the operator of a permanent auction facility that has been in continuous operation for at least two (2) years prior to January 1, 2008, and that:
    1. (i) Sells large construction equipment in an auction format;
    2. (ii) Has sales of used motor vehicles whose total value does not exceed fifteen percent (15%) of the total value of all equipment sold, including motor vehicles, as calculated on an annual basis;
    3. (iii) Maintains a regularly staffed facility during normal business hours of not less than thirty (30) hours per week;
    4. (iv) Has a permanent facility with at least fifty (50) contiguous fenced acres located in this state;
    5. (v) Has titles present for all vehicles to be sold by auction at the facility;
    6. (vi) Conducts, at the facility, not more than five (5) such auctions in a calendar year, one (1) of which may be a “vehicles only” auction;
    7. (vii) Does not sell new or unused motor vehicles, or vehicles with a manufacturer's statement of origin only; and
    8. (viii) Sells, at the facility, only motor vehicles that:
      1. (a) Weigh in excess of ten thousand pounds (10,000 lbs.) gross vehicle weight rating (GVWR); or
      2. (b) Weigh less than ten thousand pounds (10,000 lbs.) gross vehicle weight rating (GVWR) if owned by an entity that used the motor vehicle in its normal business operation as either a construction or common carrier or transportation-related entity hauling freight.
  2. (B) The auction shall file with the motor vehicle commission on an annual basis a certification stating:
    1. (i) That all such vehicles sold were not vehicles covered under the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1; and
    2. (ii) The gross proceeds of the auction and the value of all vehicles sold at the auction.
(c)
1. (1) Notwithstanding this part to the contrary, whenever farm equipment and machinery, as defined in § 67-6-102, is being sold at an auction conducted on farm property in accordance with the requirements set forth within subdivision (c)(2), no license as a motor vehicle dealer shall be required for any person or participant who purchases or bids at the auction on a motor vehicle.
2. (2) If the sale at auction, on property owned or possessed by the farmer, of five (5) or fewer motor vehicles is incidental to the sale at auction of farm equipment and machinery owned and used by the farmer, and if each such motor vehicle is owned for at least one (1) year by the farmer, the farmer's parents, or the farmer's children, and if each such motor vehicle is at least two (2) model years old, and if the farmer has not sold motor vehicles at an auction within the previous twelve-month period, then the auction shall not be an automobile auction within this part, and the person conducting the auction need only be licensed as an auctioneer by the auctioneer commission; provided, that the auctioneer must give at least fourteen (14) days' advance written notification to the motor vehicle commission describing the time and place of the auction as well as the items to be sold therein.
(d)
1. (1) Notwithstanding this part to the contrary, a motor vehicle dealer license shall not be required to purchase nonrepairable vehicles, salvage vehicles, or a combination of nonrepairable and salvage vehicles from an automobile auction if the automobile auction primarily sells motor vehicles on consignment.
2. (2) A natural person who resides in this state may purchase at retail no more than five (5) nonrepairable vehicles or salvage vehicles, or any combination thereof, within a twelve-month period.
3. (3) Each automobile auction engaged in the sale of nonrepairable vehicles, salvage vehicles, or a combination of nonrepairable and salvage vehicles, shall:
  1. (A) Keep an electronic record of all sales of each vehicle and include in the record the make, model, year, vehicle identification number, and the name and address of the purchaser and seller of the vehicle;
  2. (B) Obtain from the purchaser of each vehicle a copy of the purchaser's driver license, passport, or other government-issued identification. The automobile auction shall maintain each copy obtained under this subdivision (d)(3)(B) for a period of two (2) years from the date of obtaining the copy; and
  3. (C) Obtain from the purchaser of each vehicle a copy of any license or other authorization required to do business under this chapter or, if the purchaser represents a third party authorized to purchase the vehicle under this chapter, a copy of the third party's license or other authorization required to do business under this chapter and a copy of any document authorizing the purchaser to act on behalf of the third party. The automobile auction shall maintain each copy obtained under this subdivision (d)(3)(C) for a period of two (2) years from the date of obtaining the copy.
4. (4) Each automobile auction required to maintain records pursuant to subdivision (d)(3) shall make the records available, upon written request, to:
  1. (A) Law enforcement officers;
  2. (B) The department of revenue; or
  3. (C) The motor vehicle commission.
5. (5) This subsection (d) shall not limit:
  1. (A) The sale of nonrepairable vehicles or salvage vehicles to a person who resides outside of this state; or
  2. (B) The sale of nonrepairable vehicles or salvage vehicles titled in a state or jurisdiction other than this state.
6. (6) A violation of this subsection (d) is a Class A misdemeanor, punishable by a fine of no less than one thousand dollars ($1,000) and no more than two thousand five hundred dollars ($2,500).
7. (7) An action to impose any penalty under this subsection (d) may be brought in any court of competent jurisdiction by a district attorney or the attorney general and reporter.
8. (8) Monies generated from any fine imposed pursuant to subdivision (d)(6) shall be used only for purposes of enforcement, investigation, prosecution, and training as those purposes relate to violations of this subsection (d).
9. (9) As used in this subsection (d):
  1. (A) “Nonrepairable vehicle” has the same meaning as defined in § 55-3-201; and
  2. (B) “Salvage vehicle” has the same meaning as defined in § 55-3-201.
(e) When motor vehicles are sold incidentally at a bona fide going-out-of-business sale, no license as a motor vehicle dealer is required to sell the vehicles at auction if:
1. (1) All vehicles for sale were owned and titled in the name of the business for at least one (1) year prior to the going-out-of-business sale;
2. (2) The auctioneer gives a fourteen-day prior written notification to the motor vehicle commission providing the time and place of the sale and a list of items to be sold; and
3. (3) The sale does not violate the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(f) [Repealed, effective October 20, 2021.]
(g) [Repealed, effective October 17, 2022.]

§ 55-17-121. Labor rate for warranty repairs or servicing — Dealer's obligations for preparation, delivery, and warranty services related to manufacturer or distributor's products — Compensation of dealer for warranty services.

(a) Within ninety (90) days after May 9, 1977, all licensed motor vehicle dealers shall be required to provide to the commission a sworn statement containing the labor rate charged to retail customers and the labor rate charged to the manufacturers or distributors for warranty repairs or servicing. All dealers must give the commission written notice of any changes in these rates within ten (10) days after the changes are made.
(b) In no event shall a manufacturer or distributor pay to its dealers a labor rate per hour for warranty repairs or servicing less than the dealer's retail labor rate for similar repairs, unless the manufacturer or distributor can show to the commission that the dealer's retail labor rate is improper in light of all economic circumstances.
(c) No motor vehicle dealer shall charge the manufacturer or distributor a labor rate per hour for warranty work in excess of its posted retail labor rate.
(d)
1. (1) A manufacturer or distributor shall specify in writing to each of the manufacturer or distributor's franchise motor vehicle dealers (dealers) operating in this state the dealer's obligations for preparation, delivery, and warranty services related to the manufacturer or distributor's products. The manufacturer or distributor shall compensate the dealer for the warranty services the manufacturer or distributor requires the dealer to provide, including warranty and recall obligations related to repairing and servicing motor vehicles of the manufacturer or distributor and all parts and components authorized by the manufacturer or distributor to be installed in, or manufactured for installation in, such motor vehicles.
2. (2)
  1. (A) The manufacturer or distributor shall provide to the dealer a schedule of compensation that specifies reasonable compensation the manufacturer or distributor will pay to the dealer for such recalls and warranty services, including for parts and diagnostics.
  2. (B) In determining the schedule of compensation for parts, the manufacturer or distributor may multiply the price paid by the dealer for parts, including all shipping costs and other charges, by the sum of one (1) and the dealer's average percentage markup. The dealer's average percentage markup is calculated by subtracting one (1) from the result of dividing the total amounts charged by the dealer for parts used in warranty-like repairs by the total cost to the dealer for the parts in the retail service orders submitted pursuant to subdivision (d)(2)(C).
  3. (C)
    1. (i) The dealer may establish its average percentage markup for parts by submitting to the manufacturer or distributor copies of one hundred (100) sequential retail service orders paid by the dealer's customers, or all of the dealer's retail service orders paid by the dealer's customers in a ninety-day period, whichever is less, for services provided within the previous one-hundred-eighty-day period. The manufacturer or distributor shall not consider retail service orders or portions of retail service orders attributable to routine maintenance such as tire service or oil service.
    2. (ii) If the manufacturer or distributor determines, from any set of repair orders submitted under subdivision (d)(2)(C)(i), that the retail markup rate for parts calculated is substantially higher or lower than the rate currently on record with the manufacturer or distributor, then the manufacturer or distributor may request additional documentation for a period of either thirty (30) days prior to, or thirty (30) days following, the time period for which the repair orders were submitted for purposes of an adjustment. Within thirty (30) days of receiving the dealer's submission and additional documentation, if applicable, the manufacturer or distributor shall then approve or deny the establishment of the dealer's average percentage markup. If the manufacturer or distributor approves the establishment of the dealer's average percentage markup, then the markup or rate calculated under this subdivision (d)(2) becomes effective forty-five (45) days after the date of the manufacturer or distributor's approval. If the manufacturer or distributor denies the establishment of the dealer's average percentage markup, then the dealer may file an appeal to the commission. The manufacturer or distributor has the burden of proof to establish that the manufacturer or distributor's denial was reasonable. If the commission finds the denial was not reasonable, then the denial is a violation of this chapter and the commission shall determine the dealer's average percentage markup for purposes of calculating a reasonable schedule of compensation. In making such a determination, the commission shall not consider retail service orders or portions of retail service orders attributable to routine maintenance such as tire service or oil service.
    3. (iii) A manufacturer or distributor shall not require the dealer to establish an average percentage markup by a methodology, or by requiring the submission of information, that is unduly burdensome or time-consuming to the franchise motor vehicle dealer, including, but not limited to, requiring part-by-part or transaction-by-transaction calculations.
    4. (iv) A dealer shall not request a change in the dealer's average percentage markup more than once in any one-year period.

§ 55-17-122. Provisions governing hearings and judicial review.

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern all matters and procedures respecting the hearing and judicial review of any contested case, as defined therein, arising under this part.

§ 55-17-123. Exception for certain transactions.

(a) Notwithstanding § 55-17-109 or § 55-17-114, the transactions authorized by this section are permitted.
(b) As used in this section:
1. (1) “Line-make” means motor vehicles of the same trade name for which separate dealership franchises are granted;
2. (2) “Producer” means any person, including related business entities, that manufactures or assembles new and unused motor vehicles in this state, and qualifies for the tax credit provided in § 67-4-2109(b)(2)(B)(i) on June 17, 2005; and
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  - 67-6-394(c)(2)
3. (3) “Related business entity” means any person that has more than thirty-five percent (35%) direct or indirect ownership interest in a producer on June 17, 2005, or is a one hundred percent (100%) owned subsidiary of a person who owns a one hundred percent (100%) interest in a producer on June 17, 2005.
(c)
1. (1)
  1. (A) A producer of motor vehicles may lease no more than four (4) motor vehicles, and provide any maintenance ancillary to the motor vehicles, of the same line-make as the producer or any related business entity produces, to each eligible employee of the producer, under no less than a twelve-month closed-end lease; provided, that the total number of vehicles so leased to such eligible employees in this state shall not exceed the producer's total number of eligible employees in this state.
  2. (B) For purposes of this section, an “eligible employee” shall include:
    1. (i) Each full-time employee, as defined in § 67-6-394(c), on producer's payroll; and
    2. (ii) Each employee, as defined under § 414(n) of the Internal Revenue Code (26 U.S.C. § 414(n)), or (29 U.S.C. § 1002(6)) as such section exists as of April 23, 2013, of the producer who regularly works onsite at one (1) of the producer's facilities in this state.
2. (2) Any motor vehicle that is subject to a lease permitted under this subsection (c) shall be purchased by the producer from any dealer of the same line-make as the leased motor vehicle.
(d)
1. (1) At the termination of any lease permitted under subsection (c), the motor vehicle may be held by the producer for no longer than ten (10) business days and shall be sold through a dealer that sells new and unused motor vehicles of the same line-make, to an eligible employee of the producer. Each eligible employee shall be entitled to purchase no more than one (1) motor vehicle per twelve-month period and must title the vehicle in the employee's name and shall retain the motor vehicle for no less than one hundred eighty (180) days from date of purchase.
2. (2) Any motor vehicle not purchased by an eligible employee may be sold directly to any same line-make franchised dealer in the state that processes the vehicles and serves as a designated return point by the producer for the motor vehicles. Each same line-make franchised dealer that acts as a designated return point shall be entitled to purchase not more than thirty (30) motor vehicles of the same line-make returned from an employee lease per month and is prohibited from selling the vehicle wholesale for ninety (90) days from the time the vehicle is purchased by the franchised dealer.
3. (3) Thereafter, those motor vehicles not purchased shall be sold at an auction limited to any franchised dealer that sells new or unused motor vehicles of the same line-make as those being auctioned.

§ 55-17-124. Sale or transfer from manufacturer to distributor not unlawful.

The sale or other transfer of a motor vehicle from a manufacturer to a distributor is not unlawful under § 55-17-109 or § 55-17-114.

§ 55-17-125. Annual sales reports — Eligibility for dealer plates.

(a)
1. (1) On or before February 15 of each year, each motor vehicle dealer shall submit to the commission an annual sales report indicating the number of motor vehicles sold by the dealer during the preceding calendar year, the number of dealer registration plates issued to the dealer during the year and the county or counties in which the plates were issued.
2. (2) Notwithstanding any other law to the contrary, if a motor vehicle dealer:
  1. (A) Fails to timely file the annual sales report, the dealer shall not be eligible for any dealer registration plates until the annual sales report is filed;
  2. (B) Timely files the annual sales report and sells twenty-four (24) or more motor vehicles during a calendar year, then there is a rebuttable presumption that the dealer is eligible to receive, retain, and use dealer registration plates otherwise authorized by § 55-4-226; or
  3. (C) Timely files the annual sales report, and sells fewer than twenty-four (24) motor vehicles during a calendar year or if a dealer engaged in business for only a portion of the calendar year but sold fewer than two (2) vehicles on average per month during this portion of the year, then the dealer is eligible to receive, retain, and use up to three (3) dealer registration plates. Upon written request by the dealer and with justification shown, the motor vehicle commission may approve the issuance of additional plates. The commission shall furnish to each county clerk a listing of eligible dealers.
3. (3) If pursuant to this section, a dealer is no longer eligible to receive, retain or use dealer registration plates, then the commission is authorized to undertake appropriate action to take possession of any plates issued to the dealer and shall promptly forward the plates to the department of revenue.
(b) Upon request of the commission, the department shall make available for the commission's inspection departmental information concerning the number of dealer registration plates issued to each dealer.

§ 55-17-126. Agreement to and compliance with this part.

Any person who acquires or renews a license under this part agrees to and shall comply with this part and any rules or regulations promulgated under this part.

§ 55-17-127. Emission testing and vehicle inspection prior to consummation of sale of preowned vehicles.

If a person who seeks to purchase a preowned motor vehicle from a dealer under a title retention agreement or a conditional sales contract, in a city that requires emission testing and a vehicle inspection and the vehicle is to be registered by the purchaser in the county where that city is located and the vehicle has not been pretested or inspected within ninety (90) days prior to the sale, then the purchaser may require the vehicle to be inspected and pass inspections prior to the consummation of the sale of the motor vehicle. If the motor vehicle fails the emissions test or the vehicle inspection, the purchaser may waive in writing this section. In addition, this section may be waived by written agreement of the purchaser and seller of the motor vehicle prior to inspection.

§ 55-17-128. Operation of other business at dealer's established place of business.

A motor vehicle dealer licensed to sell motor vehicles may operate one (1) additional business at the dealer's established place of business; provided, at least sixty-six percent (66%) of the dealer's established place of business is used for the sale or service, or both, of motor vehicles and that the income derived from the additional business is less than thirty-three percent (33%) of the gross income of the dealership. The dealer may also install signs at the dealer's established place of business for the purpose of advertising the other businesses.

Part 3 Automotive Mobility Dealers

§ 55-17-301. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Adapted vehicle” means a new or used motor vehicle especially designed or modified for use by an aging or disabled person;
2. (2) “Automotive mobility dealer” means any motor vehicle dealer who:
  1. (A) Exclusively engages in the business of selling, offering to sell, or soliciting or advertising the sale of adapted vehicles;
  2. (B) Possesses adapted vehicles exclusively for the purpose of resale, either on the dealer's own account or on behalf of another, as the dealer's primary business; or
  3. (C) Engages in the business of selling, installing, or servicing; offering to sell, install, or service; or soliciting or advertising the sale, installation, or servicing of equipment or modifications specifically designed to facilitate use or operation of a motor vehicle by an aging or disabled person; and
3. (3) “Mobility equipment” means equipment specifically designed to facilitate the use of a motor vehicle by an aging or disabled person.

§ 55-17-302. Automotive mobility dealer license.

(a) Any person, prior to engaging or continuing in the business of an automotive mobility dealer after March 1, 2011, shall obtain an automotive mobility dealer license from the commission.
(b)
1. (1) An automotive mobility dealer shall be licensed and regulated by the commission under this chapter.
2. (2) The commission shall, by administrative regulations promulgated hereunder in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establish requirements for initial application for and renewal of a license to be an automotive mobility dealer. The commission's regulations establishing requirements for automotive mobility dealers shall include provisions for automotive mobility dealers to meet reasonable and appropriate quality assurance requirements. Such requirements may include:
  1. (A) Appropriate training by automotive mobility dealers regarding adapted vehicle usage;
  2. (B) Driver evaluation by automotive mobility dealers; and
  3. (C) A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission.
3. (3) The commission shall have the power to promulgate any other regulations that are necessary to implement this part, including denial, suspension or revocation of an automotive mobility dealer's license. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
4. (4) The commission shall, after notice and hearing, revoke the license of an automotive mobility dealer if it determines that the dealer has sold or modified a vehicle that does not comply with this section or any administrative regulations promulgated hereunder. A dealer whose license is revoked under this subsection (b) shall be permitted to appeal the revocation in accordance with part 1 of this chapter.
5. (5) An automotive mobility dealer's license may be denied, suspended or revoked for any violation of § 55-17-114.
(c) A licensed automotive mobility dealer shall have the right to display, demonstrate, inventory, advertise and offer for sale adapted vehicles.

§ 55-17-303. Franchising.

(a) No more than two (2) new untitled motor vehicles of a specific line-make may be consigned by a franchised motor vehicle dealer to an automotive mobility dealer.
(b) Any retail sale of a new untitled motor vehicle must be accomplished by the consigning franchised dealer.
(c) A licensed franchise motor vehicle dealer shall not be required to obtain an automotive mobility dealer license to display, advertise, offer for sale or sell adapted motor vehicles.

Part 4 Recreational Vehicles Licenses

§ 55-17-401. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Closed title” means an executed certificate of title indicating the recreational vehicle dealer as the current owner or transferee;
2. (2) “Commission” means the Tennessee motor vehicle commission;
3. (3) “Distributor” means any person who in whole or in part sells or distributes any new and unused recreational vehicles to recreational dealers or who maintains distributor representatives;
4. (4) “Established place of business” means a permanent structure or structures owned, leased, or rented by a recreational vehicle dealer providing signs, facilities, and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing, or repairing recreational vehicles or functional or nonfunctional parts of recreational vehicles and where replacement parts, repair tools, and equipment as well as the books and records needed to conduct the business are kept. The structure or structures must be physically apart from any other business and shall not include a private residence of any sort, tent, or temporary stand;
5. (5) “Factory representative” means a representative employed by a manufacturer for the purpose of making or promoting the sale of recreational vehicles or for supervising, servicing, instructing, procuring, controlling, or contacting for any reason recreational vehicle dealers or prospective recreational vehicle dealers or their employees;
6. (6) “Fraud” includes:
  1. (A) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact;
  2. (B) A promise or representation not made honestly and in good faith; or
  3. (C) An intentional failure to disclose a material fact;
7. (7) “Manufacturer” means any person who manufactures or assembles new and unused recreational vehicles, or who maintains factory representatives;
8. (8) “Person” means every natural person, partnership, corporation, association, trust, estate, or any other legal entity;
9. (9) “Recreational vehicle” has the same meaning as defined in § 55-28-102;
10. (10) “Recreational vehicle dealer”:
  1. (A) Means a person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new or used recreational vehicles or used motor vehicles pursuant to § 55-17-419, or possessing such vehicles for the purpose of resale, either on that person's own account or on behalf of another, either as that person's primary business or incidental to that person's business; and
  2. (B) Does not include:
    1. (i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;
    2. (ii) Public officers while performing or in the operation of their duties;
    3. (iii) Employees of persons, corporations, or associations described in subdivision (10)(B)(i) when engaged in the specific performance of their duties as employees;
    4. (iv) A motor vehicle dealer licensed pursuant to part 1 of this chapter not engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new recreational vehicles;
    5. (v) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; or
    6. (vi) All banks, finance companies, loan companies, insurance companies, auto body shops, or garages that have not obtained a recreational vehicle for the purpose of resale, selling, or offering to sell used recreational vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
11. (11) “Sale” means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in such vehicle, as well as any option, subscription or other contract, or solicitation looking to sell, offer, or attempt to sell in any form, whether spoken or written. A gift or delivery of any recreational vehicle as a bonus on account of the sale of another vehicle or otherwise shall be deemed a sale of the recreational vehicle; and
12. (12) “Vehicle salesperson” means a person licensed as a motor vehicle salesperson pursuant to part 1 of this chapter.

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55-17-110(c)

§ 55-17-402. Powers and duties of commission.

The commission is vested with those powers and duties necessary and proper to enable it to fully and effectively carry out the provisions and objectives of this part, including, but not limited to:
1. (1) The authority to promulgate reasonable substantive and procedural rules as they relate to the operation of this part and pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
2. (2) The authority to prescribe all forms to be used by the commission in the transaction of its business including application, license, compliance, and financial forms.

§ 55-17-403. License required.

(a) No person shall engage in business as, serve in the capacity of, or act as a manufacturer, recreational vehicle factory representative, or recreational vehicle dealer, without first obtaining a license as required in this part.
(b) It is unlawful for any person to commercially engage in any activity involving the distribution or sale of any recreational vehicles or used motor vehicles pursuant to § 55-17-419 without first qualifying for and obtaining a license or licenses specifically authorized by this part or, in the case of vehicle salespersons, part 1 of this chapter, unless the requirement for licensure is specifically exempted by statute.

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§ 55-17-404. Separate licenses for activities and locations — Employment of licensed salesperson.

(a) Any person engaging, acting, or serving in more than one (1) of the activities for which a license is required under § 55-17-403 or having more than one (1) location where the business is carried on or conducted, is required to obtain and hold a separate, current license for each activity in which the person is engaged for each location.
(b) No recreational vehicle dealer shall hire any person for the purpose of selling recreational vehicles, or for acting in the capacity of a vehicle salesperson, without first determining that the person is duly licensed as a vehicle salesperson.
(c) No vehicle salesperson shall sell or attempt to sell any recreational vehicle for any recreational vehicle dealer, unless the vehicle salesperson is employed by the recreational vehicle dealer having an interest in the sale of the recreational vehicle.
(d) No person licensed under this section shall give, pay, or in any manner compensate any other person for services rendered as a vehicle salesperson without first engaging or employing the person in the capacity of a vehicle salesperson.

§ 55-17-405. Applications for licenses and renewals.

(a) The commission shall prescribe and provide forms to be used for applications for licenses and for the renewals thereof to be issued under the terms of this part, and require all applicants and their enfranchised manufacturers, as a condition precedent to the issuance of a license, to provide information touching on and concerning the applicant's character, honesty, integrity, reputation, business relationships, and ability as the commission may deem necessary; provided, that every application for a new recreational vehicle dealer's license shall contain, in addition to any information the commission may require, a statement as to the following facts:
1. (1) The applicant's name and residential address and the trade name, if any, under which the applicant intends to conduct business;
2. (2) If the applicant is a partnership, each partner's name and residential address, whether a limited or general partner, and the name under which the partnership business is to be conducted;
3. (3) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers, directors, and all persons owning more than five percent (5%) of outstanding shares of stock issued by the corporation;
4. (4) The names of any inventory financers, including floor planners used by the dealership. Applicants shall provide this information to the commission and keep it current;
5. (5) A complete description, including the city, town, or village with the street and number, if any, of the permanent, established place of business and any other additional place or places of business as shall be operated and maintained by the applicant in conjunction with the permanent, established place of business;
6. (6) A financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application and copies of the most current financial information furnished to the manufacturer, distributor, or their representatives under the terms of any franchise agreements; and
7. (7) A duly executed service agreement on forms provided by the commission with a factory authorized service or repair garage within a reasonable distance from the applicant's established place of business if the recreational vehicle dealer applicant does not have facilities at the dealer's established place of business to service or repair recreational vehicles.
(b) All applications for licenses required to be obtained under this part shall be verified by oath or affirmation of the applicant or the applicants.
(c) All applications shall be accompanied by the payment of the fee prescribed by § 55-17-406. In the event that any application is denied or the license applied for is not issued, seventy-five percent (75%) of the license fee shall be refunded to the applicant or applicants.
(d) All licenses shall expire two (2) years from the date of issuance.
(e) Any change of address of a recreational vehicle dealer must be reported to the commission.
(f) When a vehicle salesperson desires to change employment from one dealer to another, that salesperson must submit such person's license to the commission for endorsement of change of employer and may become a salesperson at that person's new place of employment upon submission of the license for endorsement of change of location and payment of any fees due.
(g)
1. (1) Each application for a license or renewal of a license of a recreational vehicle dealer shall be accompanied by evidence satisfactory to the commission that the dealer has a surety bond in the amount of at least fifty thousand dollars ($50,000) in force. A letter of credit shall not be satisfactory evidence of a surety bond in the required amount.
2. (2)
  1. (A) The bond is for the benefit of any person who suffers loss because of either:
    1. (i) Nonpayment by the dealer of a retail customer's prepaid title, registration, or other related fees or taxes; or
    2. (ii) The recreational vehicle dealer's failure to deliver in conjunction with the sale of a recreational vehicle a valid recreational vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the recreational vehicle.
  2. (B) The aggregate liability of the surety to all persons shall in no event exceed the amount of this bond.
3. (3) In lieu of a corporate surety on the bond required by subdivision (g)(1), the commission may allow the recreational vehicle dealer to secure the bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, that has a face value equal to the amount of the bond. The collateral may be deposited with or executed through any authorized state depository designated by the commission. Interest on any deposited certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the recreational vehicle dealer or the certificate may direct.
4. (4) The surety bond must remain and continue in force for as long as the licensee remains licensed and must name the Tennessee motor vehicle commission as beneficiary. Upon notice of cancellation, the licensee shall either cease business operations until proof of minimum coverage is provided, or provide evidence of minimum coverage from another provider.
5. (5) Any surety is required to provide sixty (60) days' notice of cancellation of the bond or certificate of deposit or letter of credit to the commission.
6. (6) No license so issued shall be transferable, and a separate license shall be required for each separate place of business and shall be prominently displayed in the place of business operated by the person to whom the license is issued.
(h)
1. (1) All applications for issuance or renewal of a recreational vehicle dealer license shall contain an attestation that the applicant will comply with each of the following requirements:
  1. (A) The applicant shall maintain the surety bond required by subsection (g) in full force and effect during all times that the license is active; and
  2. (B) The applicant shall notify the commission upon a change in ownership or location of the dealership as required by § 55-17-407.
2. (2) Additionally, all applications for issuance or renewal of a recreational vehicle dealer license shall contain the following statement, immediately following the attestation required by subdivision (h)(1):
  1. FAILURE TO MAINTAIN A SURETY BOND AS REQUIRED BY T.C.A. § 55-17-405, OR NOTIFY THE TENNESSEE MOTOR VEHICLE COMMISSION OF A CHANGE IN THE OWNERSHIP OR LOCATION OF THE DEALERSHIP AS REQUIRED BY T.C.A. § 55-17-407, MAY RESULT IN THE ASSESSMENT OF A CIVIL PENALTY AND/OR SUSPENSION OR REVOCATION OF THE RECREATIONAL VEHICLE DEALER LICENSE.

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55-17-405(h)(2)

§ 55-17-406. Biennial license fees — Penalty for late renewal.

(a) The biennial license fees for licenses issued and renewed under this part shall be set by the commission.
(b) A penalty of fifty percent (50%) of the amount of the license fee will be assessed on any renewal application postmarked after the expiration date of the license.
(c) No renewal application will be accepted more than ninety (90) days after the expiration date of a license.
(d) Notwithstanding § 55-17-413, all revenue resulting from fees, penalties, or interest shall be allocated to the commission.

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55-17-405(c)

§ 55-17-407. Location — Notification of changes — Possession of salesperson’s license when engaged in business.

(a) The license issued to each recreational vehicle dealer or manufacturer under this part shall specify the location of the factory, dealership, office, or branch, as applicable.
(b) Any recreational vehicle dealer licensed under this part shall promptly notify the commission of a change in ownership, location, or franchise or any other matters the commission may require by rule.
(c) Every vehicle salesperson shall have the license in the person's possession when engaged in business and shall display it upon request. The name of the employer of the vehicle salesperson shall appear on the face of the license.
(d) In addition to the license required under this part or part 1 of this chapter, any person engaged in the business of a public automobile auction and selling recreation vehicles shall also be licensed as a public automobile auction pursuant to § 55-17-109.
(e) Nothing in this chapter shall be construed to require a motor vehicle salesperson licensed pursuant to part 1 of this chapter to obtain more than one (1) salesperson license to perform such actions for any dealer dually licensed as a recreational vehicle dealer pursuant to this part and motor vehicle dealer pursuant to part 1 of this chapter.

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§ 55-17-408. Grounds for denial of application for license or revocation or suspension of license.

(a) The commission may deny any application for a license or revoke or suspend any license after it has been issued upon finding that:
1. (1) The applicant or license holder was previously the holder of a license issued under this part or part 1 of this chapter, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled;
2. (2) The applicant or license holder was previously a partner, stockholder, director, or officer controlling or managing a partnership or corporation whose license issued under this part or part 1 of this chapter was revoked for cause and never reissued or was suspended for cause and the terms of the suspension have not been terminated;
3. (3) The licensee or applicant has been convicted of a crime of moral turpitude and fewer than five (5) years have passed since the licensee or applicant has completed serving the licensee's or applicant's sentence, including parole or probation, whichever is later;
4. (4) The applicant or license holder has filed an application for a license that as of its effective date was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
5. (5) The applicant or license holder has willfully and continually failed to pay the proper application or license fee;
6. (6) The applicant or license holder has practiced fraud in the conduct of business; or
7. (7)
  1. (A) The license holder has failed to return to a customer any parts that were removed from the recreational vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation, or local ordinance to be disposed of by the license holder need not be returned to the customer;
  2. (B) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(7)(A) shall apply;
  3. (C) The license holder has failed to post in a prominent location notice of this subdivision (a)(7); or
  4. (D) The license holder has failed to print on the repair contract notice of this subdivision (a)(7).
(b) The license holder need not retain any parts not returned to the customer after the recreational vehicle has been returned to the customer.
(c) In addition to the grounds contained in subdivisions (a)(1)-(7), the commission may deny an application for a license or revoke or suspend the license of a recreational vehicle dealer or salesperson who:
1. (1) Has required the purchaser of a recreational vehicle, as a condition of sale and delivery of the vehicle, to also purchase special features, appliances, accessories, or equipment not desired or requested by the purchaser unless the features, appliances, accessories, or equipment are the type that are ordinarily installed on the vehicle by the manufacturer or distributor when the recreational vehicle is received or acquired by the dealer;
2. (2) Has represented or sold as a new or unused recreational vehicle any recreational vehicle that has been operated for demonstration purposes or that is otherwise a used recreational vehicle;
3. (3) Has sold or offered for sale as a new or unused recreational vehicle any recreational vehicle for which the dealer or salesperson cannot secure for the purchaser of the recreational vehicle such new recreational vehicle warranty as may be extended by the manufacturer of the vehicle to purchasers of one (1) of the manufacturer's new recreational vehicles unless the fact that the vehicle is being sold without a manufacturer's warranty is communicated to the purchaser and disclosed prominently in writing on the bill of sale;
4. (4) Has no established place of business that is used or will be used primarily for the purpose of selling, buying, displaying, repairing, or servicing recreational vehicles;
5. (5) Resorts to or uses false or misleading representations in connection with that person's business as a recreational vehicle dealer or salesperson; provided, that dealers are specifically authorized to charge a document preparation fee, processing fee, or servicing fee in addition to the sales price of the recreational vehicle and these fees shall not be deemed to be a false or misleading representation made in connection with the sale of a recreational vehicle, nor a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and provided, further, that the amount of these fees is separately stated and clearly and conspicuously disclosed on the face of the sales contract or buyer's invoice prior to the buyer's execution of the contract or invoice. For purposes of this subdivision (c)(5), the disclosure shall be deemed to be conspicuous if it is listed on the contract or invoice in the same place and manner and in type face no smaller or less obvious than the other type face used in the contract or invoice with respect to other charges listed, and shall be deemed to be clear if it states that the charge is a fee for document preparation, processing, or servicing, or language or abbreviations to the same or a similar effect. The authorization provided by this subdivision (c)(5) shall not apply if the recreational vehicle dealer represents to the buyer that the fee is required by or will be paid to any governmental agency or entity;
6. (6) Gives false or fictitious names or addresses for the purpose of registering the sale of a recreational vehicle or who makes application for the registration of a recreational vehicle in the name of any person other than the true owner;
7. (7) Employs any person who has not been licensed as a motor vehicle salesperson;
8. (8) Fails to reasonably supervise agents, salespersons, or employees;
9. (9) Uses or permits the use of special license plates assigned to that person for any purpose other than those permitted by law;
10. (10) Disconnects, turns back, or resets the odometer of any motor home as defined in § 55-28-102, in violation of state or federal law, except as provided for in § 39-14-132(b);
11. (11) Commits any act or practice involving the purchase, sale, repair, or servicing of a recreational vehicle or the parts or accessories of a recreational vehicle, that, in the opinion of the commission, is false, fraudulent, or deceptive;
12. (12) Increases the price of a new recreational vehicle to a retail customer after the recreational vehicle dealer has accepted an order of purchase or a contract from a buyer, except that a trade-in may be reappraised if it subsequently suffered damage, or parts or accessories have been removed or if the trade-in is not in the condition described by the consumer prior to the dealer seeing or evaluating the trade-in and the original sales price was based on the consumer's description of the trade-in. Price differences applicable to new models or a new series of recreational vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease;
13. (13) Sold, or offered for sale, a recreational vehicle without the recreational vehicle being manufactured in accordance with the NFPA 1192 - 2015 Standard for Recreational Vehicles;
14. (14) Possesses any certificate of title that is not a closed title, unless the recreational vehicle dealer maintains an executed consignment form developed by the commission on each recreational vehicle that does not have a closed title;
15. (15) Issues more temporary plates than allowed by law or fails to maintain a record of the issuance of temporary plates;
16. (16) Engaged in curbstoning, as defined in § 55-16-103; or
17. (17) Violated any provision of chapter 28 of this title as evidenced by an order from a court of competent jurisdiction stating the specific sections violated and facts supporting such violations.
(d) Whenever any licensee pleads guilty or is convicted of the offense of odometer tampering or any other criminal offense involving moral turpitude, the licensee, within sixty (60) days, shall notify the commission and provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the guilty plea or conviction unless, during the sixty-day period, the licensee makes a written request to the commission for a hearing. Following the hearing, the commission, in its discretion, may impose upon the licensee any sanction permitted by this part.
(e) A recreational vehicle dealer shall pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received actual payment on the financing contract for the new recreational vehicle purchase.
(f)
1. (1) Notwithstanding any law to the contrary, the commission may revoke or suspend the license of or levy a civil penalty against any recreational vehicle dealer who, in a recreational vehicle transaction that is conditioned upon final funding to the dealer by a third party financial institution, fails to:
  1. (A) Provide in writing to the customer the conditional delivery agreement set forth in § 55-17-114(b)(4)(D);
  2. (B) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution;
  3. (C) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or
  4. (D) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase.
2. (2) As used in this subsection (f), “funding” means actual payment to the dealer by the financial institution purchasing the financing contract or lease.
3. (3) Compliance with this subsection (f) may not be waived by any consumer.
(g) In addition to the grounds contained in subdivisions (a)(1)-(7), the commission may deny an application for a license, or revoke or suspend the license of a manufacturer or distributor, who has:
1. (1) Refused to deliver to any recreational vehicle dealer having a franchise, manufacturer/dealer agreement, or contractual arrangement for the retail sale of new and unused recreational vehicles sold or distributed by the manufacturer any recreational vehicle publicly advertised for immediate delivery within sixty (60) days after the dealer's order has been received;
2. (2) Obtained money, goods, services, or any other benefit from any other person with whom the recreational vehicle dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to the dealer;
3. (3) Increased prices of recreational vehicles that the recreational vehicle dealer has ordered but not delivered for private retail customers prior to the dealer's receipt of the written official price increase notification. A sales contract by a private retail customer shall constitute evidence of each such order. In the event of manufacturer price reductions, the amount of any reduction received by a recreational vehicle dealer shall be passed on to the private retail customer by the recreational vehicle dealer if the retail price was negotiated on the basis of the previous higher price to the recreational vehicle dealer. A price reduction shall apply to all recreational vehicles in the dealer's inventory that are subject to the price reduction. Price differences applicable to new models or a new series of recreational vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease. This subsection (f) shall not apply to price changes caused by either:
  1. (A) The addition to a recreational vehicle of required or optional equipment pursuant to state or federal law; or
  2. (B) Revaluation of the United States dollar in the case of foreign-made vehicles;
4. (4) Failed to pay a recreational vehicle dealer, within a reasonable time following receipt of a valid claim by a recreational vehicle dealer thereof, any payment agreed to be made by the manufacturer to the recreational vehicle dealer by reason of the fact that a new vehicle of a prior year model is in the dealer's inventory at the time of introduction of new model recreational vehicles;
5. (5) Offered any refunds or other types of inducements to any person for the purchase of new recreational vehicles of a certain line-make to be sold to the state or any political subdivision thereof or to any other person without making the same offer to all other recreational vehicle dealers in the same line-make within the state;
6. (6) Employed any person as a representative who has not been licensed pursuant to this part;
7. (7) Sold recreational vehicles to persons not licensed under this part as recreational vehicle dealers;
8. (8) Coerced or attempted to coerce any recreational vehicle dealer to accept delivery of any recreational vehicle or recreational vehicles, appliances, equipment, parts, tools, or accessories, or any other commodity or commodities that have not been voluntarily ordered by the dealer;
9. (9) Coerced or attempted to coerce any recreational vehicle dealer to contribute or pay money or anything of value into any cooperative or other advertising program or fund;
10. (10) Coerced or attempted to coerce any recreational vehicle dealer to engage in any business pursuit that is not directly related to the sale of recreational vehicles as defined by the commission;
11. (11) Sold, or offered for sale, a recreational vehicle without the recreational vehicle being manufactured in accordance with the NFPA 1192 - 2015 Standard for Recreational Vehicles; or
12. (12) Violated any provision of chapter 28 of this title as evidenced by an order from a court of competent jurisdiction stating the specific provisions violated and facts supporting such violations.
(h) The commission may revoke or suspend any license that the commission has issued upon finding that the licensee has not maintained any of the requirements for issuance of such license.

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55-17-415

§ 55-17-409. Judicial review — Venue.

All final decisions of the commission pursuant to this part may be judicially reviewed in accordance with § 4-5-322. The venue for these actions shall be Davidson County.

§ 55-17-410. Matters and procedures respecting hearing and judicial review of contested case.

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.

§ 55-17-411. Recreational vehicle show permit.

(a) A recreational vehicle show is any display, except as provided in subsection (h), of recreational vehicles by one (1) or more manufacturers or recreational vehicle dealers.
(b) A recreational vehicle show permit must be obtained from the commission by the sponsor or promoter of the show no later than ten (10) days prior to the commencement of the recreational vehicle show. The permit, or a copy of the permit, shall be prominently displayed at any entrance into the recreational vehicle show.
(c) A recreational vehicle show permit shall be valid for seven (7) consecutive days and may be renewed one (1) time for an additional seven (7) consecutive days. Any such renewal shall begin the day after the expiration of the original permit. A sponsor or promoter may obtain only one (1) recreational vehicle show permit and renewal per calendar year for the same location.
(d) The applicant shall provide to the commission the names and addresses of each manufacturer or recreational vehicle dealer displaying recreational vehicles at the show.
(e) The sales price of each recreational vehicle displayed at the show shall be prominently displayed with the recreational vehicle. Any warranty information associated with the recreational vehicle must be available upon request.
(f) A licensed recreational vehicle dealer may only sell travel trailers, fifth wheel trailers, and folding camping trailers, as defined in § 55-28-102, at up to six (6) shows permitted by the Tennessee motor vehicle commission per year, in addition to selling travel trailers, fifth wheel trailers, and folding camping trailers at the dealer's established place of business.
(g) Any manufacturer or recreational vehicle dealer displaying recreational vehicles at the recreational vehicle show shall have a representative present at all times during the recreational vehicle show.
(h) A manufacturer or recreational vehicle dealer may display at a single location without obtaining a recreational vehicle show permit; provided, that no representatives of the displayer are present and that no sales solicitations or activities take place, at the following locations:
1. (1) The interior common areas of shopping malls, hotels, or convention centers;
2. (2) The interior of wholesale shopping clubs;
3. (3) County, regional, or state fairs;
4. (4) Agricultural events and educational demonstrations;
5. (5) Sporting and entertainment events in conjunction with the sponsorship of the event; and
6. (6) Commercial airport terminals.

§ 55-17-412. Civil penalty — Injunctive relief.

(a) In addition to the remedies provided in this part, any person violating this part, any rule promulgated under this part, or any order issued by the commission, is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each day of violation or for each act of violation, as the commission or the court may deem proper. All civil penalties shall be paid into the general fund of the state.
(b) Whenever it appears that any person has violated, is violating, or is about to violate this part, any rule promulgated under this part, or any order issued by the commission, through the attorney general and reporter, may cause a civil suit to be instituted in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat of violation or for the assessment and recovery of the civil penalty provided in this section or for both.
(c) A suit for injunctive relief or for recovery of a civil penalty or for both may be brought either in the county where the defendant resides or conducts business or in the county where the violation or threat of violation occurs.
(d) In any suit filed by the commission, the court may grant the commission, without bond or other undertaking, any prohibitory or mandatory injunction the facts may warrant, including temporary restraining orders, preliminary injunctions, and permanent injunctions.
(e) Any person knowingly violating this part commits a Class C misdemeanor.

§ 55-17-413. Payment of fees and charges into state treasury — Allotments — Expenditures by commissioner.

The commission shall pay all money received as fees and charges into the state treasury, and the commissioner of finance and administration shall make these allotments out of the general fund as the commissioner may deem proper for the necessary and proper expenses of the commission. No expenditure shall be made by the commission unless and until the allotment has been made by the commissioner. The allotment shall be subject to an appropriation being made by the general assembly in the annual general appropriations act.

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55-17-406(d)

§ 55-17-414. Collection of fees and charges — Payment into state treasury.

All fees and charges under this part shall be collected and received by the executive director of the commission and paid by the executive director into the state treasury.

§ 55-17-415. Sale or other transfer of a recreational vehicle from manufacturer to distributor not unlawful.

The sale or other transfer of a recreational vehicle from a manufacturer to a distributor is not unlawful under § 55-17-403 or § 55-17-408.

§ 55-17-416. Operation of one additional business at established place of business.

A recreational vehicle dealer licensed to sell recreational vehicles may operate one (1) additional business at the recreational vehicle dealer's established place of business; provided, at least sixty-six percent (66%) of the recreational vehicle dealer's established place of business is used for the sale or service, or both, of recreational vehicles and that the income derived from the additional business is less than thirty-three percent (33%) of the gross income of the dealership. The recreational vehicle dealer may also install signs at the dealer's established place of business for the purpose of advertising the other business.

§ 55-17-417. Annual sales report.

(a)
1. (1) On or before February 15 of each year, each recreational vehicle dealer shall submit to the commission an annual sales report indicating the number of recreational vehicles sold by the recreational vehicle dealer during the preceding calendar year, the number of recreational vehicle dealer registration plates issued to the dealer during the year, and the county or counties in which the plates were issued.
2. (2) Notwithstanding any other law to the contrary, if a recreational vehicle dealer:
  1. (A) Fails to timely file the annual sales report, the recreational vehicle dealer shall not be eligible for any recreational vehicle dealer registration plates until the annual sales report is filed;
  2. (B) Timely files the annual sales report and sells twenty-four (24) or more recreational vehicles during a calendar year, then there is a rebuttable presumption that the recreational vehicle dealer is eligible to receive, retain, and use dealer registration plates otherwise authorized by § 55-4-226; or
  3. (C) Timely files the annual sales report, and sells fewer than twenty-four (24) recreational vehicles during a calendar year or if a recreational vehicle dealer engaged in business for only a portion of the calendar year but sold fewer than two (2) recreational vehicles on average per month during this portion of the year, then the recreational vehicle dealer is eligible to receive, retain, and use up to three (3) recreational vehicle dealer registration plates. Upon written request by the recreational vehicle dealer and with justification shown, the motor vehicle commission may approve the issuance of additional plates. The commission shall furnish to each county clerk a listing of eligible recreational vehicle dealers.
3. (3) If pursuant to this section, a dealer is no longer eligible to receive, retain, or use recreational vehicle dealer registration plates, then the commission is authorized to undertake appropriate action to take possession of any plates issued to the recreational vehicle dealer and shall promptly forward the plates to the department of revenue.
(b) Upon request of the commission, the department shall make available for the commission's inspection departmental information concerning the number of recreational vehicle dealer registration plates issued to each recreational vehicle dealer.

§ 55-17-418. Additional license not required for sale of recreational vehicles to, at, or through automobile auction or public automobile auction.

(a) Whenever a license issued under part 1 of this chapter is required to engage in business as, or to act as a buyer or seller at, an automobile auction or public automobile auction, an additional license issued under this part shall not also be required for the sale of recreational vehicles to, at, or through an automobile auction or public automobile auction.
(b) Whenever a license issued under part 1 of this chapter is required to engage in business as, or to act as a buyer or seller at, an automotive dismantler or recycler, an additional license issued under this part shall not also be required for the sale of recreational vehicles to, at, or through an automotive dismantler or recycler.

§ 55-17-419. Sale of used motor vehicles by recreational vehicle dealer.

A recreational vehicle dealer licensed to sell recreational vehicles may sell used motor vehicles; provided, that the annual income derived from the sale of used motor vehicles is less than thirty-three percent (33%) of the gross annual income of the dealership.

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Chapter 18 Automobile Clubs and Associations

§ 55-18-101. “Automobile club or association” defined.

“Automobile club or association,” as used in this chapter, means any individual or entity, who in consideration of fees, dues, periodic payments, or other specifically stated charges, promises its members to provide automobile club services.

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45-15-115(11)

§ 55-18-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Automobile club service” is the rendering or procuring of, or reimbursement for, service that may be provided to a member related to travel and the operation, use and maintenance of a motor vehicle, including, but not limited to:
  1. (A) Bail bond service;
  2. (B) Buying and selling service;
  3. (C) Discount service;
  4. (D) Emergency road service;
  5. (E) Financial service;
  6. (F) Insurance service;
  7. (G) Legal service;
  8. (H) Map service;
  9. (I) Theft service;
  10. (J) Touring service;
  11. (K) Towing service;
  12. (L) Trip interruption service; and
  13. (M) Other services as may be authorized by the commissioner;
2. (2) “Bail bond service” means any act by an automobile club or association the purpose of which is to furnish to, or procure for, any person accused of violation of any law of this state, a cash deposit, bond or other undertaking required by law in order that the accused might enjoy personal freedom pending trial;
3. (3) “Buying and selling service” means any act by an automobile club or association whereby the member of any automobile club or association is aided in any way in the purchase or sale of an automobile or the purchase or sale of any accessories or equipment related to automobiles or travel, or any purchase of travel services;
4. (4) “Commissioner” means the commissioner of commerce and insurance;
5. (5) “Discount service” means any act by an automobile club or association resulting in the giving of special discounts, rebates or reductions of price on gasoline, oil, repairs, parts, accessories or service for motor vehicles or other goods and services, to members of any automobile club or association;
6. (6) “Emergency road service” means any act by an automobile club or association consisting of the fuel delivery, extrication, lockout service, repair, replacement or other adjustment of the equipment, tires or mechanical parts of an automobile so as to permit it to be operated under its own power;
7. (7) “Financial service” means any act by an automobile club or association whereby loans or other financial services such as stored value cards, deposit products, or advances of money, with or without security, are made or provided to or arranged for members of any automobile club association;
8. (8) “Insurance service” means the selling or giving by an automobile club or association to a member of a policy of accident insurance covering liability or loss by a member as the result of death or personal injury or loss of or damage to the personal property of the member, or the selling of a hospital indemnity policy. The commissioner shall have the discretion to approve other services under this part if the feature, benefit or service is obtained by the automobile club or association from an insurance company in this state;
9. (9) “Legal service” means any act by an automobile club or association consisting of the hiring, retaining, engaging or appointing of an attorney or other person to give professional advice to, or represent, a member of any automobile club or association, in any court, as the result of liability incurred by the right of action accruing to the member as a result of the ownership, operation, use or maintenance of a motor vehicle;
10. (10) “Map service” means any act by an automobile club or association by which road maps are furnished with or without cost to members of any automobile club or association;
11. (11) “Other services” means additional services furnished by an automobile club or association which augment or are incidental to any service performed by the automobile club or association as authorized under this chapter or any other service which is of assistance and is beneficial to its members and is feasible for the automobile club to render; provided, that such service is authorized by the commissioner;
12. (12) “Theft service” means any act by an automobile club or association the purpose of which is to locate, identify or recover a motor vehicle owned or controlled by a member of any automobile club or association, which has been, or may be, stolen or to detect or apprehend the person guilty of the theft;
13. (13) “Trip interruption service” means the provision of or reimbursement for travel expenses, including food, lodging, and transportation to the member's intended destination if the member's motor vehicle is stolen or is rendered inoperable due to an accident, theft, or mechanical breakdown;
14. (14) “Touring service” includes any act by an automobile club or association by which touring information is furnished with or without cost to members of any automobile club or association or the making of arrangements or reservations for lodging or travel space, discounts for accommodations or vehicle rental, procurement of tickets or permits for travel to any place in the world for a member of any automobile club or association; and
15. (15) “Towing service” means any act by an automobile club or association consisting of the drafting or moving of a motor vehicle from one (1) place to another under other than its own power.

§ 55-18-103. Certificates of authorization — Power of commissioner to grant and revoke — Rules and regulations — Similarity of names prohibited — Hearings.

(a) The commissioner has full and complete authority to grant certificates of authorization to automobile clubs and associations, to revoke or suspend the certificates in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate rules and regulations, and to determine other services an automobile club or association may provide to its members.
(b) In determining if a certificate of authorization shall be issued, the commissioner shall take into consideration, together with all other factors, the name of the automobile club or association and, if the name will interfere with the transactions of an automobile club or association already doing business in this state or is so similar to one already appropriated as to confuse or is likely to mislead the public in any respect, the commissioner shall refuse to issue a certificate of authorization.
(c) The commissioner also has the authority to conduct hearings and to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, for the administration of this chapter.

§ 55-18-104. Supervision and control of commissioner.

All automobile clubs and associations now organized or operating in the state and all automobile clubs or associations hereafter organized or operating in the state shall be under the authority, supervision and control of the commissioner.

§ 55-18-105. Certificate of authority required — Form and contents of application — Expiration and renewal of license.

(a) Every automobile club or association organized or operating in this state shall file with the commissioner an application for a certificate of authority prior to the commencement of its operations. No certificate of authority shall be issued until the automobile club or association has paid to the commissioner one hundred seventy-five dollars ($175) as an initial license fee. Licenses shall be issued for the period beginning July 1 of each year and expire on the following June 30.
(b) The following documents and information shall be filed with the application of all automobile clubs and associations:
1. (1) An application for certificate of authority in a form prescribed by the commissioner;
2. (2) The sum of ten thousand dollars ($10,000) in cash or securities as approved by the commissioner, or, in lieu thereof, a surety bond payable to the commissioner in the sum of twenty thousand dollars ($20,000), executed by the applicant with surety approved by the commissioner, conditioned upon full compliance with this chapter, and the performance of the obligations of the applicant to its members. Upon receipt of notice of the intended dissolution of the automobile club or association, and upon receipt of evidence satisfactory to the commissioner that all obligations of the club or association to its members have been satisfied, the commissioner shall refund the money or securities and the obligations of the bond shall terminate;
3. (3) Appointment of an agent for service of process who shall be a resident of the state or, in lieu thereof, the commissioner;
4. (4) A copy of the proposed form of membership application, membership certificate, bylaws, contracts for service, advertising material and any other data requested by the commissioner; and
5. (5) References as to the character, ability and integrity of the organizers, manager, agent and any other person through whom the applicant proposes to issue contracts, membership certificates, membership cards, or other documents in return for membership fees or dues.
(c) If the commissioner is satisfied that the applicant is qualified and meets all the requirements of this chapter, the commissioner shall issue to the applicant a certificate of authority to conduct the business of the automobile club or association within this state.
(d) Licenses expire on June 30 of each year unless the automobile club or association has filed with the commissioner an application of renewal and paid a renewal fee of one hundred seventy-five dollars ($175). If any of the documents or information required by subsection (b) have changed since previously filed, the automobile club or association shall file the updated documents or information with its renewal application to the commissioner.

§ 55-18-106. License of agent required — Annual fee.

Before any agent or representative may sell, solicit or negotiate membership in an automobile club or association in Tennessee, the agent or representative shall first apply to the commissioner for a license, and the commissioner shall have the full power and authority to issue the license upon proof satisfactory to the commissioner that the person is capable of soliciting automobile club or association memberships, and is of good moral character and recommended by the club or association on behalf of which the membership solicitations are made. No license shall be issued by the commissioner until the applicant has paid to the commissioner an annual license fee of twenty dollars ($20.00).

§ 55-18-107. Violation of law or rules and regulations — Penalty.

(a) It is unlawful for any person or entity to organize, operate, or in any way solicit members for an automobile club or association, or offer any motor club service, except in the manner provided in this chapter and under the rules and regulations promulgated by the commissioner.
(b) Any person or entity violating this chapter commits a Class C misdemeanor.

§ 55-18-108. Organization and operation of clubs and associations authorized.

(a) This chapter shall be deemed and held exclusive authority for the organization and operation of automobile clubs and associations within this state, and the clubs and associations shall not be subject to any other laws respecting insurance companies of any class, kind or character, except as to the conduct of hearings by the commissioner and appeals therefrom.
(b) This chapter shall not affect the validity of any membership certificate of any automobile club or association issued and outstanding prior to June 1, 1957.

§ 55-18-109. Fees — Use for expenses of administration.

The fees provided by this chapter shall be expendable receipts for the use of the commissioner in defraying the cost of the administration of this chapter.

Chapter 19 Commercial Driver Training Schools

§ 55-19-101. Issuance of licenses authorized.

The commissioner of safety is authorized to issue licenses for the operation of commercial driver training schools and licenses for instructors in these schools.

§ 55-19-102. Operation of schools without license unlawful.

It is unlawful for any commercial driver training school to operate without a current license issued by the commissioner of safety.

§ 55-19-103. Acting as instructor without license unlawful.

It is unlawful for any person to act as an instructor in any commercial driver training school without a current license to act as an instructor issued by the commissioner.

§ 55-19-104. Guidelines for establishing requirements for granting licenses.

(a) By rules and regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner may establish reasonable requirements for the granting of these licenses. Requirements for the granting of licenses to commercial driver training schools may include, but are not limited to, considerations of adequacy of courses of instruction, competency of instructors, financial responsibility, adequacy of equipment, reasonableness of fees and charges, provision of liability insurance for the protection of students and of the public, safety precautions, suitability of location and qualifications of personnel.
(b) Rules and regulations for the licensing of instructors may include, but are not limited to, considerations of visual acuity, qualification to operate a vehicle safely, ability to read and comprehend traffic signs and symbols, knowledge of laws relating to traffic, safe driving record, physical condition, experience and reputation.

§ 55-19-105. Conduct of schools and instructors — Rules and regulations.

The commissioner also may prescribe reasonable rules and regulations for the conduct of commercial driver training schools and of instructors in the schools.

§ 55-19-106. Rules and regulations — Power to rescind, modify or promulgate.

The commissioner has the power to rescind or modify any rule or regulation authorized by this chapter and to promulgate additional rules and regulations from time to time.

§ 55-19-107. Suspension or revocation of licenses — Infraction — Hearing.

For the violation of any duly promulgated rule or regulation, the commissioner has the power, after a hearing, to suspend or revoke the license of the school or of the instructor licensed under this chapter, as the case may be.

§ 55-19-108. Proceedings for the suspension or revocation of licenses — Review — Reexamination.

(a) In all proceedings for the suspension or revocation of licenses under this chapter, the holder of the license shall be served with a complaint specifying the charges against the holder and shall be given fifteen (15) days' notice to prepare for a hearing, where the holder shall be heard in person or by counsel or by both. The commissioner has the power to administer oaths, issue subpoenas, and enforce the attendance of witnesses at the hearing of all matters arising pursuant to the enforcement of this chapter. The commissioner, with the approval of the attorney general and reporter, has the power to make all needed rules for the proceedings in a hearing, and in case any witness shall fail or refuse to obey a subpoena issued by the commissioner, the commissioner may issue an attachment for the witness, directed to any highway patrol officer, sheriff or constable of the state, and compel the witness to attend before the commissioner and give testimony upon matters that are lawfully required by the commissioner. A full and complete record of the hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of the proceedings at the usual cost.
(b) No later than sixty (60) days following the hearing, the commissioner shall issue an order as may be appropriate under the circumstances and may, if the facts adduced at the hearing warrant, suspend for any period or revoke any license issued under this chapter.
(c) The action of the commissioner and the order issued by the commissioner may be reviewed by petition for common law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date of the order of the commissioner.
(d) Immediately upon the grant of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commissioner. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript, unless the time be extended by the court.
(e) The decision of the commissioner shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commissioner, and neither party shall be entitled to introduce any additional evidence in the circuit court.
(f) Either party dissatisfied with the judgment or decree of the circuit court may, upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any appeal is made, the clerk of the circuit court in which the suit was pending shall include as part of the record the original certified transcript of the proceedings had before the commissioner when identified by the trial judge, instead of a bill of exceptions, which need not be made and filed.

§ 55-19-109. “Commercial driver training school” defined.

“Commercial driver training school,” for the purposes of this chapter, means a business enterprise conducted by an individual, association, partnership or corporation for the education and training of individuals, either practically or theoretically, or both, to operate or drive motor vehicles or to prepare an applicant for an examination to be given by the state for an operator's or chauffeur's license or learner's permit, which school makes a charge for such services. This chapter does not apply to any person giving driver training lessons without charge, to employers maintaining driver training courses without charge for their employees only, or to schools or classes conducted by colleges, universities or high schools for regularly enrolled full-time students as part of the normal program of those institutions.

§ 55-19-110. Fees for licenses.

(a) Licenses issued by the commissioner of safety pursuant to this chapter shall be valid for the calendar year for which they are issued, and shall be subject to renewal from year to year.
(b) Each application for an original or renewal commercial driver training school license shall be accompanied by a fee of twenty-five dollars ($25.00).
(c) Each application for an original or renewal instructor's license shall be accompanied by a fee of five dollars ($5.00).
(d) License fees collected pursuant to this chapter shall constitute departmental receipts of the department of safety for use in the enforcement of this chapter.

§ 55-19-111. Operation of school or acting as instructor without license a misdemeanor.

(a) It is a Class A misdemeanor for any individual to direct or operate, alone or in conjunction with others, any commercial driver training school without being currently licensed pursuant to this chapter.
(b) It is a Class A misdemeanor for any person to act as instructor in a commercial driver training school without being currently licensed pursuant to this chapter.

§ 55-19-112. Examinations — Certification that applicant has successfully completed school requirements.

(a) All written examinations used by commercial driver training schools shall be numbered and maintained by the driving school. Each driving school shall maintain a list of all written examinations. Written examinations shall be maintained in a manner that ensures the integrity and confidentiality of their contents. The license of a commercial driver training school that fails to maintain a list of driving examinations is subject to suspension or revocation.
(b) All electronic examinations used by commercial driving schools shall be maintained in such a manner that ensures the integrity and confidentiality of the examinations.
(c) All documents issued by a commercial driver training school shall certify that the applicant has completed successfully the requirements of the school. Each certification shall have a unique identifying number or mark. The commercial driver training school shall transmit to the department of safety, driver license issuance division, a list of all certifications issued and the person to whom the certification was issued. The list of certifications shall include the identifying number or mark on every certification issued. The department of safety shall not issue a driver license, instruction permit or immediate driver license based upon a certificate issued by a commercial driver training school, unless it has a list of certifications from the commercial driver training school and the applicant provides satisfactory proof that the applicant is the person who received the certificate from the commercial driver training school.

Chapter 20 Highway Safety

Part 1 Safety programs

§ 55-20-101. County and municipal participation authorized — Approval by governor — Conformity with uniform standards of secretary of commerce.

All counties and municipalities are authorized to carry out local highway safety programs within their jurisdictions as part of the state highway safety program if the local highway safety programs are approved by the governor, and are in accordance with the uniform standards of the secretary of commerce promulgated pursuant to the Federal Highway Safety Act of 1966 (23 U.S.C. § 401 et seq.).

§ 55-20-102. Governor responsible for administration.

The governor shall be the state official responsible for the administration of the state's highway safety program.

Part 2 Passenger Contract Carrier Safety Act

§ 55-20-201. Short title.

This part shall be known and may be cited as the “Passenger Contract Carrier Safety Act of 2002.”

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55-20-203(a)(1)

§ 55-20-202. Regulations governing contract passenger carriers.

(a)
1. (1) Except as provided in subsection (b), all passenger contract carriers regularly transporting passengers within or through the state who operate vehicles with a seating capacity of less than eight (8) passengers, excluding the driver, and employing more than five (5) drivers must comply with the minimum safety standards established by this part.
2. (2) A violation of any provision of this section or failure to perform any act required by this section is a Class C misdemeanor.
(b) This part does not apply to:
1. (1) A person who makes a single daily round trip to commute to and from work;
2. (2) A person transporting only school children and teachers;
3. (3) A person operating an ambulance or funeral service;
4. (4) A person who, on occasion and not as a regular business enterprise, transports one (1) or more passengers for pay;
5. (5) A person operating a stretched-sedan type limousine;
6. (6) A person operating a taxicab service for the general public using vehicles with a seating capacity of fewer than seven (7) passengers;
7. (7) Any public nonprofit or private nonprofit that provides transportation to the general public or to a specific client group; or
8. (8) Any entity licensed under chapter 17 of this title, operating a courtesy van or other motor vehicle.

§ 55-20-203. Driver qualifications.

(a)
1. (1) Every passenger contract carrier covered pursuant to § 55-20-201 shall employ only drivers who have been examined for hearing, vision and any medical condition or drug use, either legal or illegal, which could cause impairment while driving.
2. (2) The drivers must be reexamined every three (3) years to determine whether their hearing and vision are sufficient for operation of a commercial passenger vehicle and that no medical condition exists that would make them unsuitable for the employment.
3. (3) A minimum of twenty-five percent (25%) of the drivers of any covered passenger contract carrier shall be re-examined annually on a random basis for illegal drug use.
(b) The passenger contract carrier shall preserve and maintain records of examinations conducted pursuant to this section at their registered place of business in Tennessee.

§ 55-20-204. Hours of service.

(a) A passenger contract carrier shall not permit, or require, any driver to remain on duty, and the driver shall not drive:
1. (1)
  1. (A) More than twelve (12) hours following eight (8) consecutive hours off;
  2. (B) If the driver's combined on-duty and drive time hours equal fifteen (15) hours since last obtaining eight (8) consecutive hours off-duty time; or
  3. (C) If the total number of hours of on-duty time and drive time exceed seventy (70) hours in any period of eight (8) consecutive days.
2. (2) However, in the event of an emergency or unforeseeable delay, a driver may drive for up to two (2) additional hours to complete an assignment or to deliver passengers to a safe location.
(b) Each driver shall maintain, and keep current, a daily log book detailing the hours worked. The log book for the past thirty (30) working days must be in the driver's possession at all times when on duty. The log book shall be made available for inspection upon the request of any law enforcement officer or passenger.
(c) For purposes of this section:
1. (1) Time spent driving a transport vehicle is considered time on duty even if no passengers are aboard the vehicle;
2. (2) Time spent performing any other service for the passenger contract carrier, or an associated business, during a twenty-four-hour period in which the transport vehicle driver is engaged in, or connected with, the movement of a transport vehicle is considered time on-duty.
(d) The passenger contract carrier shall maintain, and retain, for a period of six (6) months, accurate time records showing:
1. (1) The time the driver reports for duty each day;
2. (2) The total number of hours the driver is on-duty each day; and
3. (3) The time the driver is released from duty each day.

Part 3 Yellow Dot Motor Vehicle Medical Information Program

§ 55-20-301. Authority of department of transportation to develop and assist in implementation of program — Purpose.

The department of transportation is authorized to develop and assist in the implementation of the yellow dot motor vehicle medical information program. The purpose of the yellow dot program is to assist:
1. (1) Drivers and passengers who participate in the program;
2. (2) Emergency medical responders in reporting critical medical information in the event of a motor vehicle accident or a medical emergency involving a participant's vehicle; and
3. (3) Law enforcement officers in becoming aware of a motorist's or passenger's critical medical information that may impact the officer's encounter with the motorist or passenger during a traffic stop or welfare check.

§ 55-20-302. Part definitions.

For purposes of this part:
1. (1) “Emergency medical responder” means an emergency medical technician, emergency medical technician-paramedic, paramedic, other emergency medical services provider, physician or nurse on the scene or accompanying or attending a patient in an ambulance; and
2. (2) “Other responder” means a fire fighter or law enforcement officer on the scene.

§ 55-20-303. Acceptance of donation and grants.

The department of transportation may accept donations and grants from any source, including eligible federal safety funds, to pay the expenses the department of transportation incurs in the development and implementation of the yellow dot motor vehicle medical information program.

§ 55-20-304. Publicizing program.

The department of transportation and the governor's highway safety office shall take reasonable measures to publicize the yellow dot program to potential participants, law enforcement officers, and emergency medical responders. In publicizing the yellow dot program, the department may cooperate with local law enforcement agencies, fire departments, emergency medical services agencies, the department of veterans services, human resources agencies, statewide development districts with direct contact with senior citizen centers in such districts, and other governmental agencies, especially agencies which assist persons who are fifty-five (55) years of age or older or agencies providing services to veterans. The department may also cooperate with and seek the assistance of interested nonprofit organizations, including, but not limited to, AARP, American Automobile Association, Disabled American Veterans, AMVETS, American Legion, Veterans of Foreign Wars, Military Order of the Purple Heart, and the Tennessee Coalition for the Enhancement of Senior Drivers. The department, in consultation with the governor's highway safety office, shall also develop training materials on the yellow dot program that may be furnished to the peace officer standards and training (POST) commission, the Tennessee highway patrol, local law enforcement agencies, fire departments, and emergency medical services agencies, and used by such organizations during recruit training and annual in-service training.

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55-20-306(b)

§ 55-20-305. Creation of standard medical information form.

(a) The department of transportation is authorized to create a standard medical information form providing space for each participant to supply, at a minimum, the following information:
1. (1) Name;
2. (2) Photograph;
3. (3) Emergency contact information of no more than two (2) persons;
4. (4) Medical information, including medical conditions, recent surgeries, allergies, and medications being taken;
5. (5) Hospital preference;
6. (6) No more than two (2) physicians' contact information; and
7. (7) The date on which the participant completed the form.
(b) The medical information form shall include a statement that the yellow dot program acts as a facilitator only, and that all information supplied on the medical information form is the sole responsibility of the participant.
(c) The medical information form shall also include statements that the participant supplies the medical information voluntarily, and that the participant authorizes the disclosure to, and use of, the medical information by emergency medical responders and other responders for the purposes described in § 55-20-308.

§ 55-20-306. Printing of form and assembling yellow dot folders with forms and decals for participants — No fee for participation.

(a) The department of transportation may provide for, assist in, or authorize the printing of the medical information form and assembling of a yellow dot folder containing the medical information form and a yellow dot decal with an adhesive backing.
(b) Upon request, the department may provide yellow dot folders to the agencies and nonprofit organizations identified in § 55-20-304, subject to the limitations of resources for funding the program, and/or the department may allow such agencies and organizations to copy the medical information form and assemble yellow dot folders for distribution to participants, or the department may authorize these agencies and organizations to prepare yellow dot folders for distribution.
(c) The department may also provide for dissemination of the medical information form and other yellow dot materials through the internet.
(d) The department shall not charge any fee to participate in the yellow dot program.

§ 55-20-307. Participation in program — Displaying decal — Storing of folder in vehicle.

(a) Each participant shall receive a yellow dot folder containing a yellow dot decal and a medical information form. Participants may include passengers as well as operators of a motor vehicle, and those persons with distinctive license plates or placards for disabled drivers.
(b) The yellow dot decal shall be affixed on the rear window in the left lower corner of any motor vehicle other than a motorcycle. On motorcycles, the yellow dot decal shall be affixed in a secure, visible location on the rear of the vehicle.
(c) Each participant shall complete the medical information form and place it in the yellow dot folder. The yellow dot folder or folders shall be stored in the glove compartment of the motor vehicle, or in the compartment attached to a motorcycle.

§ 55-20-308. Authority of responders when vehicle displays yellow dot decal — Use of information by responders.

(a) If a driver or passenger of a motor vehicle becomes involved in a motor vehicle accident or emergency situation, and a yellow dot decal is affixed to the vehicle, an emergency medical responder or other responder at the scene is authorized to search the compartment of the vehicle for a yellow dot folder or folders.
(b) An emergency medical responder or other responder may use the information contained in the yellow dot folder for the following purposes:
1. (1) To identify a participant in the yellow dot program;
2. (2) To ascertain whether the participant has a medical condition that may impede communications with the responder;
3. (3) To communicate with the participant’s emergency contacts about the location and general condition of the participant; or
4. (4) To consider the person’s current medications and preexisting medical conditions when emergency medical treatment is administered for any injury the participant suffers.
(c) If a law enforcement officer stops a motor vehicle with a yellow dot decal affixed to the vehicle and if during the encounter with the driver or passenger of the motor vehicle the officer reasonably believes the driver or passenger has a medical condition that is impacting the officer's encounter with the driver or passenger, the law enforcement officer, upon receiving consent from the driver or passenger, is authorized to review any yellow dot folder or folders present in the vehicle.

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55-20-305(c)

§ 55-20-309. Liability of responders.

Except for wanton or willful conduct, no emergency medical responder or other responder, nor any employer of an emergency medical responder or other responder, shall incur any liability if the emergency medical responder or other responder is unable to make contact, in good faith, with an emergency contact person, or disseminates or fails to disseminate any information from the yellow dot folder to other emergency medical responders, hospitals, or any healthcare providers who render emergency medical treatment to the participant. No health care provider or employer of a health care provider shall incur any civil or criminal liability if the provider relies in good faith on the information provided to them through the program.

Chapter 21 Disabled Drivers and Passengers

Part 1 Disabled Drivers Law of 1975

§ 55-21-101. Short title.

This part shall be known and may be cited as the “Disabled Drivers Law of 1975.”

§ 55-21-102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Commissioner” means the commissioner of revenue;
2. (2) “Department” means the department of revenue;
3. (3)
  1. (A) “Disabled driver” is one who is disabled by paraplegia, amputation of leg, foot or both hands, or is disabled by loss of use of a leg, foot or both hands, or other condition, certified to by a physician duly licensed to practice medicine, resulting in an equal degree of disability (specifying the particular condition) so as not to be able to get about without great difficulty, including impairments that, regardless of cause or manifestation, confine the person to a wheelchair or cause the person to be so ambulatorily disabled that the person cannot walk two hundred feet (200′) without stopping to rest and includes, but is not limited to, those persons using braces or crutches, arthritics, spastics and those with pulmonary or cardiac ills who may be semiambulatory;
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    55-21-103(f)(1)
    55-21-103(f)(2)
  2. (B) “Disabled driver” also includes the owner of a motor vehicle with vision of not less than 20/200 with correcting glasses in both functioning eyes;
  3. (C) “Disabled driver” also includes the owner of a motor vehicle who is so ambulatorily disabled that the person cannot walk two hundred feet (200′) without stopping to rest and who is seeking treatment and/or healing solely by prayer through spiritual means in the practice of religion in accordance with the creeds or tenets of the First Church of Christ, Scientist in Boston, Massachusetts. The condition shall be certified by a Christian Science practitioner listed in The Christian Science Journal as resulting in a degree of disability so that the person is not able to get about without great difficulty;
  2 Backlinks
  - 47-18-104(b)(25)
  - 47-18-802(b)
4. (4) “Disabled passenger” is a person who meets the requirements for disabled drivers established in subdivisions (3)(A)-(C); and
5. (5) “Disabled veteran” means a disabled driver who is a former member of the United States armed forces or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in § 58-1-102.

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§ 55-21-103. Distinguishing registration, license plates, placards — Issuance to disabled or wheelchair-confined persons — Motor vehicle rentals — Cost — Expiration. [Effective until January 1, 2024. See version effective on January 1, 2024.]

(a)
1. (1) The department shall, upon application accompanied by a physician's statement or an affidavit from a Christian Science practitioner listed in The Christian Science Journal, provide and issue registration and license plates of distinctive design to disabled drivers and placards of distinctive design to disabled passengers. No physician or Christian Science practitioner shall provide a statement for use under this chapter unless the applicant therefor is disabled by one (1) or more of the conditions set out in § 55-21-102, and the nature of the disability shall be set forth in the statement. Placards shall be personal to the disabled driver or passenger, and shall only be used by that person. Any other person using a placard commits a misdemeanor and shall be punished as provided for in § 55-21-108. The cost of any such registration and license plates shall be paid by the disabled driver or disabled passenger. Beginning January 1, 2023, the design of registration and license plates issued pursuant to this section must incorporate the color scheme, base design, and details used on the registration and license plates issued pursuant to § 55-4-103. The redesign of registration and license plates with the color scheme, base design, and details provided for in this subdivision (a)(1) must only be effectuated upon the existing inventory of the registration and license plates issued pursuant to this section without such color scheme, base design, and details being utilized by the department.
2. (2) Notwithstanding subdivision (a)(1), one (1) registration and license plate per family shall be provided free to those disabled persons who are permanently and totally confined to a wheelchair, when so certified by a physician's statement.
3. (3) More than one (1) registration and license plate per family shall be provided free if more than one (1) member of the family is permanently and totally confined to a wheelchair and is the owner or lessee of a motor vehicle.
4. (4) Any person qualifying under subdivisions (a)(2) and (3) is the titled owner or lessee of the vehicle.
5. (5) Notwithstanding this subsection (a) to the contrary, an owner or lessee of a motor vehicle who is a resident of this state and is the parent or legal guardian of an individual who is permanently disabled, whose permanent disability is certified by the physician's statement, and who does not own and is incapable of operating a motor vehicle, shall receive a disabled plate upon payment of any applicable fees. The certificate of title and registration shall remain in the name of the parent or legal guardian. In order to receive a disabled plate under this subdivision (a)(5), the parent or legal guardian shall verify under penalty of perjury upon a form prescribed by the department that the parent or guardian is the parent or legal guardian of the permanently disabled individual.
6. (6) Notwithstanding this subsection (a) to the contrary, the department shall provide any person qualifying for a registration and license plate under subdivision (a)(1) who applies for and receives a registration and license plate in a category identified in § 55-4-203(a), a decal of distinctive design to disabled drivers to affix to such plate. Registration and license plates having such a decal properly affixed shall be a recognized symbol for the purposes of this part. The cost of such decal shall be considered a cost incurred by the department of revenue in designing, manufacturing, and marketing such plate pursuant to chapter 4, part 2 of this title.
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  - 55-4-301(a)
(b)
1. (1) Any person who qualifies for issuance of a distinguishing license plate, or any disabled passenger, may also apply to the department for issuance of a distinguishing placard. The placard may be used in lieu of the distinguishing license plate for parking purposes when displayed in accordance with the directions written on or supplied with the placard. The department may establish procedures for the issuance of the placards.
2. (2)
  1. (A) Placards may be either permanent or temporary.
  2. (B)
    1. (i) Permanent placards may be issued under this part to persons who are permanently disabled and whose permanent disability is noted on the physician's statement. All placards shall be issued directly by the department. If the applicant is eligible for a disabled license plate, the placard shall be furnished without charge. If the applicant has not applied for vehicle registration, then the cost of the placard shall be the same as the regular fee for passenger motor vehicles, as provided in § 55-4-111. Permanent placards shall be of a distinct design and color as established by the commissioner of safety.
    2. (ii) Any person who is permanently confined to a wheelchair and who does not own and is not physically capable of operating a motor vehicle may apply to the department for issuance of one (1) distinguishing disabled placard for the exclusive personal use of that person. This placard shall be in lieu of any disabled registration plates, and shall be provided by the department without charge to the qualified applicant, upon receipt by the department of an application accompanied by a physician's statement, as provided in subsection (a).
  3. (C) Temporary placards may be issued under this part to persons who are temporarily disabled by a nonambulatory or semi-ambulatory condition due to surgery, bone fracture or breakage, or similar condition, and whose temporary disabling condition and the estimated duration of the condition is noted on the physician's statement. Temporary placards shall be issued for the estimated duration of the condition, but not in excess of six (6) months, at a cost of ten dollars ($10.00). Temporary placards may be reissued for a similar period at the same cost. Temporary placards shall be of a different design and color than permanent placards and shall prominently note the expiration date.
3. (3) A disabled driver may receive a second placard if there is a second car registered in the name of the disabled driver or a member of that driver's immediate family who resides with the driver. The second placard shall be issued without additional charge. The second placard shall be used to obtain disabled parking privileges only by the disabled driver.
(c) The commissioner is requested to include a notice on disabled placards, if feasible, of the conditions attached to their use and the penalties for misuse, or, in the alternative, to furnish that information to recipients of the placards.
(d) Upon receipt of an application by an agency transporting disabled clients, the department shall issue a placard to the agency for the sole purpose of transporting disabled clients. The number of placards issued to the agency may not exceed the number of vehicles owned and operated for the purpose of transporting disabled clients. The use of the placard or placards for any other purpose shall constitute the forfeiture of the placard or placards for the agency.
(e) When the recipient of a disabled parking placard dies, the placard shall be returned to the commissioner by the responsible representative of the deceased.
(f)
1. (1) A permanent placard as defined by subdivision (b)(2)(B), shall expire two (2) years from the date it is issued. The expiration date of the placard shall be prominently displayed on the placard. The person to whom the permanent placard is issued may renew the placard in accordance with rules established by the department. The renewal fee shall be three dollars ($3.00); provided, that there shall be no renewal fee for a person permanently confined to a wheelchair, as defined in subdivision (b)(2)(B)(ii), nor to a disabled veteran, as defined in § 55-4-256(a)(3) or (b). Any person issued a temporary placard must submit a new certification pursuant to § 55-21-102(3)(A) or (3)(C), prior to the department renewing the temporary placard.
2. (2) The provisions of subdivision (f)(1), concerning the renewal fee and exemptions from the fee, shall be applicable to the renewal of existing placards. Persons who are permanently disabled shall not be required to submit certification pursuant to § 55-21-102(3)(A) or (3)(C) prior to the department's renewing the permanent placard.
(g) Upon receipt of an application by an agency providing motor vehicle rentals to disabled clients, the department shall issue a placard to the agency for the sole purpose of renting accessible motor vehicles to disabled clients. The number of placards issued to the agency may not exceed the number of vehicles owned and operated for the purpose of providing accessible motor vehicle rentals to disabled clients; provided, that placards shall only be issued for vehicles permanently equipped with a wheelchair ramp or lift. The use of such placard or placards for any other purpose, or on any motor vehicle not permanently equipped with a wheelchair ramp or lift, shall be grounds for the forfeiture of the placard or placards issued to the agency in a manner otherwise consistent with this part.
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- 55-21-108(f)

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§ 55-21-104. Symbol of access for registrations, placards, decals, and license plates for drivers or passengers with disability.

(a)
1. (1) The department shall designate the symbol of access adopted pursuant to § 12-2-123 for the issuance of registrations, placards, decals, and license plates to drivers or passengers with a disability under this part.
2. (2)
  1. (A) The symbol must be utilized for the issuance of all new registrations, placards, decals, and license plates under this part on or after July 1, 2020. Existing registrations, placards, decals, and license plates must conform to subdivision (a)(1) upon replacement, including upon a request for replacement by a driver or passenger with a disability. Notwithstanding any law to the contrary, if a person requests to replace an existing registration, placard, decal, or license plate in accordance with this subdivision (a)(2)(A), the person must pay the same fee otherwise due for the initial issuance of such registration, placard, decal, or license plate.
  2. (B) Subdivision (a)(2)(A) only applies upon the exhaustion of the supply of existing registrations, placards, decals, and license plates.
3. (3) The department may promulgate rules for the purpose of carrying out this subsection (a).
(b) The style of registration and license plates for disabled veterans pursuant to § 55-4-256 shall be a recognized symbol for the purposes of this part.

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§ 55-21-105. Parking privileges.

(a) Except as provided in § 12-10-109(e), no state agency, county, city, town or other municipality or any agency thereof shall exact any fee for parking on any street or highway or in any metered parking space or in parking lots municipally owned or leased, or both municipally owned and leased, or a parking place owned or leased, or both owned and leased, by a municipal parking utility or authority. No state postsecondary education institution or any agent thereof shall exact any fee from any visitor to the institution, or from any visitor attending programs of the institution not for credit, for parking on any parking lot owned or leased by a state postsecondary education institution, or both owned and leased by a state postsecondary education institution. The parking privileges granted by this section are limited to any disabled driver or disabled passenger to whom the distinctive license plates or placards were issued, and to qualified operators acting under the express direction of a disabled passenger to whom the distinctive license plate or placards were issued, while the disabled person is a passenger in the motor vehicle. Any disabled veteran who qualifies for and receives a disabled veteran's license plate shall also be afforded the same privileges as granted to a disabled person who qualifies for and receives a disabled license plate or placard as provided for in § 55-21-103.
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- 12-10-109(e)
(b)
1. (1) Any business, firm, or other person transacting business with the public from a permanent location shall provide specially marked parking spaces for the exclusive use of persons qualifying for the rights and privileges extended by this part.
2. (2) The number of accessible parking spaces shall be:
  2. 1 to 25 1
  3. 26 to 50 2
  4. 51 to 75 3
  5. 76 to 100 4
  6. 101 to 150 5
  7. 151 to 200 6
  8. 201 to 300 7
  9. 301 to 400 8
  10. 401 or greater9
3. (3) In addition, if there are no less than four (4) parking spaces designated with the wheelchair disabled sign or symbol of access, then at least one (1) of the parking spaces shall be van accessible, but if more than four (4) spaces are designated as disabled parking spaces, then at least two (2) spaces per eight (8) disabled parking spaces shall be van accessible. A van accessible parking space shall be at least eight feet (8′) wide and shall have an adjacent access aisle that is at least eight feet (8′) wide.
4. (4) The access aisle shall be located on the passenger side of the parking space except that two (2) adjacent accessible parking spaces may share a common access aisle.
5. (5) Van accessible parking spaces shall have an additional sign marked “Van Accessible — Priority for Wheelchair User” mounted below the sign required by subsection (c). The van accessible parking spaces may have an additional sign marked “Priority Should Be Given to Disabled Van Access. Other Disabled Vehicles Should Use Only If No Other Available Disabled Spaces” mounted below other required signs. Van accessible parking spaces are not restricted to disabled van access; provided, that disabled vehicles other than vans should not use van accessible parking spaces when another accessible disabled parking space is available.
(c) Each such parking space must be marked and maintained with the stylized wheelchair symbol designated by § 55-21-104, as that section existed on June 30, 2020; provided, that such parking spaces may, at the discretion of the owner, be marked with the symbol of access designated under § 55-21-104, to the extent that such marking complies with federal law. The marking may be by a sign on a pole. Nonconforming markings or signs shall be acceptable during the useful life of the markings or signs, which may not be extended by other than normal maintenance as long as the markings or signs provide reasonable notice of the specially marked parking space.
(d) The department is authorized to enter into reciprocal agreements with similar authorities in other states whereby holders of disabled license plates or distinguishing placards in those states may be granted the same parking privileges granted by this section.
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- 55-21-108(a)(1)(A)
(e)
1. (1) Any business, firm, or other person transacting business that provides specially marked parking spaces pursuant to this part shall also provide van-accessible parking spaces. Van-accessible parking spaces shall have an access aisle that is no less than ninety-six inches (96″) to accommodate a wheelchair lift, have vertical clearance to accommodate van height at the van parking space and adjacent access aisle, and have an additional sign or marking identifying the parking space as van accessible.
2. (2) This subsection (e) shall apply to businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces after April 24, 2006. Businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces on or before April 24, 2006, shall comply with this subsection (e) when it is readily achievable. For the purposes of this subsection (e), “readily achievable” means easily accomplishable and able to be carried out without considerable difficulty or expense.
3. (3) A business, firm or person conducting business with the public from a permanent location who provides only one (1) specially marked parking space shall convert such specially marked parking space into a van-accessible parking space when such conversion is readily achievable.

§ 55-21-106. Disabled veterans and persons with a physical disability — Certificate of identification — Parking.

(a) Any veteran who has been honorably discharged from any of the armed services of the United States and who has a service-connected disability equivalent to the disabilities as prescribed in § 1 of Public Law 187 of the eighty-second congress, first session, and any person with a physical disability who possesses material incapacity for ambulation, shall be entitled to receive, and the department is authorized to issue, under such rules and upon such application as the department shall prescribe, a serially numbered certificate of identification for the personal use of the veteran or person with a physical disability.
(b) The veteran or person with a physical disability shall be entitled to courtesy in the parking of the automobile which shall relieve the veteran or person with a physical disability from liability for any violations with respect to parking, other than in violation of this section or § 55-8-160(a)(15).
(c) Any local authority may, by ordinance, prohibit parking on any street or highway for the purpose of creating a fire lane or to provide for the accommodation of heavy traffic during morning and afternoon rush hours, and the privileges extending to veterans and persons with physical disabilities in this section shall not apply on streets or highways where and at the times the parking is so prohibited.
(d) Any certificate issued as provided in this section shall be displayed prominently upon the automobile while being parked by or under the direction of the veteran or person with a physical disability pursuant to this section.
(e) Upon conviction of any offense involving a violation of the special privileges conferred upon holders of these special certificates, a magistrate or judge trying the case shall be authorized, as a part of any penalty imposed therein, to confiscate the serially numbered certificate provided for in this section and to return the certificate to the secretary of state, together with a certified copy of the sentence so imposed.
(f) Any person, other than the veteran or person with a physical disability to whom it was issued, who uses any certificate of identification for the purpose of parking an automobile as permitted by this section, commits a Class A misdemeanor.
(g) As to any application for a certificate, any official finding or rating as to disability within the requirements of this section by the United States veterans' administration shall be sufficient evidence of the qualifications of the applicant.
(h) As used in this section, “certificate” includes registration and license plates issued free to disabled veterans under the authority of § 55-4-256.

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55-8-186(a)(1)

§ 55-21-107. [Reserved.]

§ 55-21-108. Unauthorized use of disabled parking or placard — Violations — Penalties.

(a)
1. (1)
  1. (A) Any person, except a person who meets the requirements for the issuance of a distinguishing placard or license plate, a disabled veteran's license plate, or who meets the requirements of § 55-21-105(d), who parks in any parking space designated with the wheelchair disabled sign or symbol of access, commits a misdemeanor, punishable by a fine of two hundred dollars ($200), which fine shall not be suspended or waived and, in addition, not more than five (5) hours of community service work may be imposed. Any community service requirements imposed by this section shall be to assist the disabled community by monitoring disabled parking spaces, providing assistance to handicapped centers or to disabled veterans, or other such purposes. The agreement may designate the entity that is responsible for the supervision and control of the offenders.
  2. (B) In order to furnish the general assembly with information necessary to make an informed determination as to whether the increase in the cost of living has resulted in the fine authorized by subdivision (a)(1)(A) no longer being commensurate with the amount of fine deserved for the offense committed, every five (5) years, on or before January 15, the fiscal review committee shall report to the chief clerks of the senate and of the house of representatives of the general assembly and report to the general assembly the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics and shall also report to the clerks what the amount of the fine would be if adjusted to reflect the compounded cost-of-living increases during the five-year period.
2. (2) In addition to the fine imposed pursuant to subdivision (a)(1), a vehicle that does not display a disabled license plate or placard, and that is parked in any parking space designated with the wheelchair disabled sign or symbol of access, is subject to being towed. When a vehicle has been towed or removed pursuant to this subdivision (a)(2), it shall be released to its owner, or person in lawful possession, upon demand; provided, that the person making demand for return pays all reasonable towing and storage charges and that the demand is made during the operating hours of the towing company.
3. (3) It is also a violation of this subsection (a) for any person to park a motor vehicle so that a portion of the vehicle encroaches into a disabled parking space in a manner that restricts, or reasonably could restrict, a person confined to a wheelchair from exiting or entering a motor vehicle properly parked within the disabled parking space.
4. (4)
  1. (A) Signs designating disabled parking shall indicate that unauthorized or improperly parked vehicles may be towed and the driver fined two hundred dollars ($200), and shall also provide the name and telephone number of the towing company or the name and telephone number of the property owner, lessee or agent in control of the property.
  2. (B) After July 1, 2008, as new signs designating disabled parking are erected, the signs shall indicate the penalties imposed by this section. Nothing in this section shall be construed to require the removal or alteration of any existing sign designating disabled parking.
(b) Notwithstanding any other law to the contrary, subsection (a) shall be enforced by state and local authorities in their respective jurisdictions, whether violations occur on public or private property, in the same manner used to enforce other parking laws.
(c)
1. (1) Any person not meeting the requirements of § 55-21-103 who uses a disabled placard to obtain parking commits a misdemeanor. The disabled placard used to obtain parking by a person not meeting the requirements of § 55-21-103 shall be subject to forfeiture and confiscation by state and local authorities in their respective jurisdictions.
2. (2) If a state or local law enforcement officer observes a violation of subdivision (c)(1), the officer may confiscate the disabled placard. To recover the placard, a driver must demonstrate by a preponderance of the evidence that the driver was complying with § 55-21-103, at the time of the confiscation.
(d) Any person who unlawfully sells, copies, duplicates, manufactures, or assists in the sale, copying, duplicating or manufacturing of a disabled placard commits a Class A misdemeanor, punishable by a minimum one-thousand-dollar fine and imprisonment for a time in the discretion of the court.
(e) Any person who is not a disabled driver as prescribed in § 55-21-102, and who willfully and falsely represents the person as meeting the requirements to obtain either a permanent or temporary placard commits a Class A misdemeanor, punishable only by a fine of not more than one thousand dollars ($1,000).
(f) Any violation of § 55-21-103(g) shall be a Class B misdemeanor, punishable by a fine only of two hundred dollars ($200).

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§ 55-21-109. Computer records — Access by law enforcement officers.

The department shall maintain records of issuance of permanent and temporary placards and license plates for disabled persons pursuant to this part on a computer system that shall be readily accessible to law enforcement officers, so that a law enforcement officer is readily able to confirm whether a person who has parked in a parking space reserved for disabled persons has been issued a placard or license plate by the department entitling the person to use the space. The department shall not sell the list or records maintained pursuant to this section.

§ 55-21-110. Volunteer enforcement of disabled parking laws and ordinances.

(a) A law enforcement agency authorized to enforce parking laws may appoint a volunteer to issue a citation for violations of § 55-21-108 or an ordinance dealing with parking privileges for persons with disabilities, pursuant to the following provisions:
1. (1) A volunteer appointed under this section shall be a resident of the city, county or metropolitan government in which the volunteer program operates. The volunteer program shall be open to any person twenty-one (21) years of age and older, regardless of the person's disability status; provided, that preference shall be given to an applicant with a disability;
2. (2) Any agency appointing a volunteer shall provide training before authorizing a volunteer to issue citations; and
3. (3) A citation issued by a volunteer appointed under this section shall have the same force and effect as a citation issued by a law enforcement officer for the same offense.
(b) Notwithstanding any law to the contrary, any county, municipality or metropolitan government may establish a special enforcement unit for the sole purpose of providing adequate enforcement of § 55-21-108 and local ordinances and resolutions relative to disabled parking, pursuant to the following provisions:
1. (1) A city, county, or metropolitan government may establish recruitment and employment guidelines that encourage and enable employment of qualified persons with disabilities in these special enforcement units;
2. (2) A member of the special enforcement unit may issue a notice of a parking violation under § 55-21-108, or local ordinances relative to disabled parking. A member of the special enforcement unit shall not be considered to be a law enforcement officer and shall not make an arrest in the course of the member's official duties, but shall wear a distinctive piece of clothing such as a jacket, shirt, vest and/or hat with a law enforcement insignia together with a badge while on duty. The local authority or administrating agency may issue a communication device such as a police radio, citizens band radio, or cellular telephone to each member of the special enforcement unit for use while on duty;
3. (3) A city, county, or metropolitan government may pay the cost of uniforms and badges for the special enforcement unit, and may provide daily cleaning of the uniforms. Additionally, the city, county, or metropolitan government may provide motorized wheelchairs for use by members of the special unit while on duty, including batteries and necessary recharging thereof. Any motorized wheelchair used by a member of the special enforcement unit while on duty shall be equipped with a single head lamp in the front and a single stop lamp in the rear;
4. (4) A member of the special enforcement unit may be paid an hourly wage without the benefits provided other permanent and temporary employees, but is entitled to applicable workers' compensation benefits as provided by law. Insurance provided by the city, county, or metropolitan government for disability or liability of a member of the special enforcement unit shall be the same as for other employees performing similar duties; and
5. (5) Nothing in this section shall be construed to preclude a city, county, or metropolitan government from using regular full-time employees to enforce ordinances or resolutions adopted pursuant to these ordinances or resolutions.
(c) This section shall only apply in a county, municipality or metropolitan government that adopts this section by a two-thirds (⅔) vote of the legislative body of the county, municipality or metropolitan government.

§ 55-21-111. Disabled veteran decal.

The department shall provide, free of charge, to each disabled veteran who applies for and receives any registration plate issued under chapter 4, part 2 of this title, a disabled veteran decal of distinctive design to affix to such registration plate. Such disabled veteran decal of distinctive design properly affixed shall be a recognized symbol for the purposes of this part.

§ 55-21-112. Decals or placards for deaf drivers — Deaf owners.

(a) The department shall, upon application accompanied by a physician's statement, provide and issue a decal or placard of distinctive design indicating that the driver of the vehicle is deaf.
(b) The placard shall be personal to the deaf driver and shall only be used by that person. Any other person using the placard commits a Class A misdemeanor.
(c) These decals shall be placed in the upper corner on the driver's side of the front windshield. When a deaf recipient transfers the automobile, the decal shall be removed, and a new decal shall be issued by the department, without cost to the deaf individual, upon the individual's presenting the department with the used decal.
(d) When the deaf recipient of a decal or placard dies, any decals and placards shall be returned to the commissioner by the responsible representatives of the deceased.
(e) One (1) decal or placard shall be provided free to a deaf individual. If the individual desires both a decal and a placard, or desires a second decal or placard, the department may charge the individual a fee not to exceed five dollars ($5.00) for the decal or placard.
(f)
1. (1) The department shall, upon application accompanied by a physician's statement, provide and issue registration and registration plates to deaf owners of motor vehicles. The registration plates shall conform to the requirements of § 55-4-103, except that they shall bear a distinctive series of letters and numbers to inform law enforcement officers that the owner of the vehicle is deaf.
2. (2) The department shall divulge the distinctive series of letters and numbers only to the department of safety and other law enforcement agencies with jurisdiction in this state, and shall not make the information available to the general public.
3. (3) All applicable registration and licensing fees shall be paid by the deaf owner.
4. (4) Except as expressly provided by this section, registration and license plates for the deaf shall be issued and renewed in accordance with chapter 4, part 1 of this title.
5. (5) All law enforcement officers charged with the enforcement of this chapter shall receive, as part of in-service training, instruction in the identification of the special license plates for deaf drivers provided for in this section.

§ 55-21-113. Authority of nurse practitioners, physician assistants and physical therapist to issue certified statements of disability or deafness.

(a) A nurse practitioner licensed under title 63, chapter 7, and a physician assistant licensed under title 63, chapter 19, shall have the same authority that a physician has under this part to issue certified statements of disability or deafness to accompany the application of disabled or deaf persons to obtain the appropriate registration, license plates, placards and decals from the department, as described in this part, only if the authority is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant.
(b) A physical therapist licensed under title 63, chapter 13, has the same authority that a physician has under this part to issue certified statements of disability to accompany the application of persons with disabilities to obtain the appropriate registration, license plates, placards, and decals from the department, as described in this part.

Part 2 Refueling Service for Disabled Drivers

§ 55-21-201. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Commissioner” means the commissioner of agriculture;
2. (2) “Department” means the department of agriculture;
3. (3) “Director” means the director of the quality and standards division of the department;
4. (4) “Gas” or “gasoline” means gasoline or other motor vehicle fuel;
5. (5) “Person” means an individual, firm, partnership, association, trustee, or corporation; and
6. (6) “Refueling service” means the service of pumping gasoline into the fuel tank of a motor vehicle.

§ 55-21-202. Refueling service at self-service pumps — Price.

(a) Every person operating a gasoline service station, or other facility that offers gasoline or other motor vehicle fuel for sale to the public from such a station or facility, shall provide, upon request, refueling service at the self-service pumps to a disabled driver of a vehicle that displays a disabled person's or disabled veteran's plate or placard, issued by the department of safety.
(b) The price charged for the gasoline in such a case shall be no greater than that which the station or facility otherwise would charge the public generally to purchase gasoline or motor vehicle fuel without refueling service.

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55-21-203

§ 55-21-203. Notice — Posting — Contents.

Every person subject to § 55-21-202 shall post the following notice in a manner and in a single location that is conspicuous to a driver seeking refueling service:
1. 1. Disabled drivers properly displaying a handicapped parking placard or plate are entitled to request and receive refueling service at the self-service pumps of this gas station for which they may not be charged more than the self-service price.

§ 55-21-204. Exemptions.

This part does not apply to any of the following facilities:
1. (1) Exclusive self-service gas stations that have remotely controlled gas pumps and that do not provide pump island service on a full-time basis; and
2. (2) Convenience stores that sell gasoline, that have remotely controlled gas pumps and that do not provide pump island service on a full-time basis.

§ 55-21-205. Penalty.

A civil penalty of twenty-five dollars ($25.00) shall be assessed against any person who, as a responsible managing individual setting service policy of a station or facility or as an employee acting independently against set service policy, acts in violation of this part.

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55-21-207

§ 55-21-206. Enforcement of part.

This part shall be enforced by the commissioner of agriculture. The commissioner may delegate this enforcement authority to the director of the quality and standards division of the department.

§ 55-21-207. Commissioner's authority to investigate and assess penalty.

The commissioner, or the director if authority has been delegated by the commissioner, may upon the person's own initiative, and shall, upon the verified complaint of any person or public agency, investigate the actions of any person alleged to have violated this section. If the commissioner or director determines that a violation has occurred, the penalty authorized by § 55-21-205 shall be assessed. Any person who is aggrieved by the assessment of the penalty may request a hearing that shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 55-21-208. Notice to station or facility operator.

A notice setting forth the provisions of this part shall be provided at least annually by the quality and standards division of the department to every person operating a gasoline service station or other facility that offers gasoline or other motor vehicle fuel for sale to the public from the station or facility.

§ 55-21-209. Notice to disabled person or veteran.

A notice setting forth the provisions of this part shall be provided by the department of safety to every person who is issued or who renews a disabled person's or disabled veteran's plate or placard.

Part 3 2021 Precious Cargo Act

§ 55-21-301. Short title.

This part is known and may be cited as the “2021 Precious Cargo Act.”

§ 55-21-302. Purpose.

The purpose of this part is to empower citizens to communicate specific needs to law enforcement and first responders.

§ 55-21-303. Provision of communication needs at time of vehicle registration — Designation of specific needs to law enforcement and first responders.

(a) At the time of initial application for the registration of a motor vehicle under this part, or upon renewal, an owner or lessee of a motor vehicle who needs assistance with expressive language or communicating needs to a first responder, including a law enforcement officer, or assistance with exiting a motor vehicle during a traffic stop or welfare check, may request that the department include a designation of such need for assistance in the Tennessee Vehicle Title and Registration System (VTRS) database. The registrant's request must be accompanied by a written statement from a licensed physician, psychiatrist, psychologist or senior psychological examiner, or neurologist, stating that an operator of the person's motor vehicle has an intellectual disability, a developmental disability, or a medical condition that may impede communications with, or impact the operator's encounter with, a first responder. Upon receipt of such a request accompanied by a written statement, the department shall cause the registrant's status to be entered into the VTRS database, and ensure such designation is associated with the applicant's motor vehicle and registration.
(b) Information submitted to the department under this section must be supplied to law enforcement to assist in identifying the operator of the vehicle as possibly needing such assistance. Information collected pursuant to this section must only be available to law enforcement for the purpose of ensuring safe and efficient interactions between law enforcement and persons who have such need for assistance, and must not be used for any other purpose.
(c) All law enforcement officers charged with the enforcement of this title and emergency call takers and public safety dispatchers, as described in § 7-86-205, shall receive instruction in the identification of such designation included in the VTRS database as provided for in this section.

§ 55-21-304. Commissioner's authority to adopt policies and procedures — Authority to promulgate rules.

(a) The commissioner is authorized to adopt policies and procedures as necessary to effectuate the purposes of this part.
(b) The commissioner of revenue is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out this part.

Chapter 22 Motor Vehicle Races

§ 55-22-101. Insurance requirements for conduct of motor vehicle races.

(a) No person, firm, or corporation shall operate or conduct any motor vehicle races on any permanent race track or other place for the holding of a motor vehicle race upon which motor vehicles of any description are raced, unless the applicant has insurance for the general public with minimum limits of one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) per accident or three hundred thousand dollars ($300,000) combined single limit, for loss because of bodily injury, including death at any time resulting from such bodily harm caused to any person or persons by the operation of the track or other place; provided, that this insurance shall not be applicable to:
1. (1) Drivers;
2. (2) Pit area personnel;
3. (3) All persons involved in the conduct of any motor vehicle race; or
4. (4) Any persons involved with the race who have signed a written release of liability.
(b) Satisfaction by the insured of a final judgment for injury shall not be a condition precedent to the duty of the insurer to make payment on account of the injury.
(c) The county clerk of the county where a motor vehicle race is conducted shall:
1. (1) Verify the person, firm, or corporation operating or conducting a motor vehicle race has insurance as prescribed in subsection (a); and
2. (2) Issue documentation to the person, firm, or corporation confirming that the requirements of subdivision (c)(1) have been met.

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55-22-104

§ 55-22-102. Authority of county legislative body with respect to conduct of races and regulation and licensure of automobile race tracks.

A county legislative body shall have the authority to:
1. (1) Provide for the times, dates, and conditions under which motor vehicle races shall be conducted; and
2. (2) Establish any other rule relative to the regulation and licensure of automobile race tracks that the county legislative body deems prudent and advisable.

§ 55-22-103. Release of promoters from liability by participants approved practice.

The practice of participants in motor racing events of releasing the promoters thereof from liability and of assuming liability for any injuries sustained is expressly approved.

§ 55-22-104. Violation of insurance requirements — Misdemeanor.

A violation of § 55-22-101 is a Class A misdemeanor.

§ 55-22-105. When races permitted in tourist resort counties — Times for races in general and on Sundays.

(a)
1. (1) In any county that is a tourist resort county, motor vehicle racing may be permitted on not more than three (3) days a week. If racing is conducted for three (3) days a week, one (1) of the days shall be Sunday.
2. (2) For the purpose of this section, “tourist resort county” means any county having two (2) or more municipalities in which at least forty percent (40%) of the assessed valuation of the real property in those municipalities consists of hotels, motels, restaurants, and similar businesses serving traveling persons as shown by the tax assessment records of the county.
(b)
1. (1) No racing shall be conducted after eleven o'clock p.m. (11:00 p.m.). At the conclusion of a racing event, the track management shall encourage all participants and patrons to vacate the premises by not later than eleven-thirty p.m. (11:30 p.m.).
2. (2) No racing shall be conducted on a Sunday except between twelve o'clock (12:00) noon and six o'clock p.m. (6:00 p.m.). At the conclusion of a Sunday racing event, the track management shall encourage all participants and patrons to vacate the premises by not later than six-thirty p.m. (6:30 p.m.).

Chapter 23 Motor Vehicle Storage Act

§ 55-23-101. Short title.

This chapter shall be known and may be cited as the “Motor Vehicle Storage Act of 1980.”

§ 55-23-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Motor vehicle” means any self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with the vehicle, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. “Motor vehicle” does not include motorized bicycle as defined in § 55-8-101; and
2. (2) “Person” includes any natural person, firm, association, corporation or partnership.

§ 55-23-103. Fee for storage beyond 21 days — Consent or notice required — Release of vehicle — “Reasonable charges” defined.

(a) Persons engaged in the business of towing motor vehicles by wrecker or otherwise or the storing of these motor vehicles for any type of remuneration, whether as the principal business of those persons or as an incidence to the persons' principal business, shall not charge the owner or lienholder of any stored motor vehicle a storage fee for a period exceeding twenty-one (21) days without the consent of the owner or lienholder, except as provided in § 55-23-104.
(b) Persons engaged in the businesses described in subsection (a) shall not charge a storage fee for any day on which the vehicle is not available for release to the owner, lienholder, or insurer, unless such failure to release is based on a hold placed on the vehicle by law enforcement.
(c) Upon provision of documentation from an insurer or lienholder showing its right to take custody of the vehicle, persons engaged in the businesses described in subsection (a) shall release the vehicle to the insurer or lienholder, or an authorized agent or representative for such insurer or lienholder, upon the insurer's or lienholder's payment of reasonable charges due, without requiring additional consent from the owner of the vehicle. The insurer or lienholder shall indemnify and hold harmless the releasing person or entity from any action, cause of action, claim, judgment, loss, liability, damage, or cost that it may incur due to wrongful release of the vehicle to an authorized agent or representative of the insurer or lienholder.
(d) For purposes of subsection (c), “reasonable charges” do not include the following:
1. (1) A fee charged at a higher rate than the maximum fee that has been approved by the Tennessee highway patrol district to be charged for the same service by persons engaged in the businesses described in subsection (a) that serve on the Tennessee highway patrol dispatch towing list; and
2. (2) A gate, access, or release fee during normal business hours for any day during which daily storage is also being charged.

§ 55-23-104. Notice of intent to charge fee beyond 21 days.

Persons engaged in the business of towing and storing motor vehicles may charge a storage fee for a period exceeding twenty-one (21) days if the last known registered owner of the motor vehicle and all lienholders of record are notified by registered mail, return receipt requested, of intent to charge a storage fee for a period to exceed twenty-one (21) days. This notice shall be given at least ten (10) days prior to the imposition of any additional storage fee.

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55-23-103(a)

Chapter 24 Motor Vehicle Warranties

§ 55-24-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Consumer” means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty. “Consumer” does not include any governmental entity or any business or commercial entity that registers three (3) or more vehicles;
2. (2) “Lessee” means any consumer who leases a motor vehicle pursuant to a written lease agreement by which a manufacturer's warranty was issued as a condition of sale or which provides that the lessee is responsible for repairs to the motor vehicle;
3. (3) “Manufacturer” means any person who manufactures or assembles new or unused motor vehicles or, in the case of motor vehicles not manufactured in the United States, the importer of the motor vehicle;
4. (4) “Motor vehicle” means a motor vehicle as defined in § 55-1-103, that is sold and subject to the registration and certificate of title provisions in chapters 1-6 of this title in this state, or subject to similar registration and certificate of title provisions in another state, and classified as a Class B vehicle according to § 55-4-111. “Motor vehicle” includes a motorcycle, as defined in § 55-1-103, that is sold and subject to the registration and certificate of title provisions in chapters 1-6 of this title in this state, or subject to similar registration and certificate of title provisions in another state, and classified as a Class A vehicle according to § 55-4-111. “Motor vehicle” does not include motorized bicycles as defined in § 55-8-101, “motor homes” as defined in § 55-1-104, lawnmowers or garden tractors, recreational vehicles or off-road vehicles and vehicles over ten thousand pounds (10,000 lbs.) gross vehicle weight;
5. (5) “Person” means every natural person, partnership, corporation, association, trust, estate or other legal entity;
6. (6) “Substantially impair” means to render a motor vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable motor vehicles; and
7. (7) “Term of protection” means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this chapter, one (1) year from the date of delivery to the consumer of the replacement vehicle.

§ 55-24-102. Nonconforming vehicles — Reports — Repairs.

If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that the repairs are made after the expiration of the term. Any corrections or attempted corrections undertaken by an authorized dealer under this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed.

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§ 55-24-103. Replacement or repair of vehicles — Refunds — Refinancing agreements — Defenses.

(a) The manufacturer must replace the motor vehicle with a comparable motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price if:
1. (1) The nonconformity, defect or condition substantially impairs the motor vehicle; and
2. (2) The manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty after a reasonable number of attempts.
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- 55-24-106(b)(5)
(b) For purposes of this section:
1. (1) “Collateral charges” means manufacturer-installed or agent-installed items or service charges, credit life and disability insurance charges, sales taxes, title charges, license fees, registration fees, any similar governmental charges and other reasonable expenses incurred for the purchase of the motor vehicle;
2. (2) “Comparable motor vehicle” means a new motor vehicle of comparable worth to the same make and model with all options and accessories, with appropriate adjustments being allowed for any model year differences;
3. (3) “Full purchase price” means the actual cost paid by the consumer, including all collateral charges, less a reasonable allowance for use; and
4. (4)
  1. (A) “Reasonable allowance for use” means that amount directly attributable to use by a consumer prior to the consumer's first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair, plus a reasonable amount for any damage not attributable to normal wear;
  2. (B) A reasonable allowance for use shall not exceed one-half (½) of the amount allowed per mile by the internal revenue service, as provided by regulation, revenue procedure or revenue ruling promulgated pursuant to § 162 of the Internal Revenue Code (26 U.S.C. § 162), for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to an express warranty.
(c) Refunds shall be made to the consumer, and lienholder, if any, as their interests appear. This section shall not affect the interests of a lienholder; unless the lienholder consents to the replacement of the lien with a corresponding lien on the vehicle accepted by the consumer in exchange for the vehicle having a nonconformity, the lienholder shall be paid in full the amount due on the lien, including interest and other charges, before an exchange of automobiles or a refund to the consumer is made.
(d) In instances where a vehicle that was financed by the manufacturer or its subsidiary or agent is replaced under this section, the manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement that would create any financial obligations upon the consumer beyond those imposed by the original financing agreement.
(e) It shall be an affirmative defense to any claim under this chapter that:
1. (1) An alleged nonconformity does not substantially impair a motor vehicle; or
2. (2) A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
(f) Funds held by a manufacturer or manufacturer's distributor that are necessary to perform the manufacturer's or manufacturer's distributor's obligations to consumers under this section are trust funds held in trust by the manufacturer or manufacturer's distributor for the benefit of any consumer who is entitled to the protections and rights afforded under this section.

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§ 55-24-104. Leased vehicles — Refunds.

(a) In the case of a leased vehicle, refunds will be made to the lessor and lessee as follows: The lessee will receive the lessee cost and the lessor will receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.
(b) For purposes of this section:
1. (1) “Lease price” means the aggregate of:
  1. (A) Lessor's actual purchase cost;
  2. (B) Freight, if applicable;
  3. (C) Accessories, if applicable;
  4. (D) Any fee paid to another to obtain the lease; and
  5. (E) An amount equal to five percent (5%) of subdivision (b)(1);
2. (2) “Lessee cost” means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle less service fees; and
3. (3) “Service fees” means the portion of a lease payment attributable to:
  1. (A) An amount for earned interest calculated on the rental payments previously paid to the lessor for the leased vehicle at an annual rate equal to two (2) points above the prime rate in effect on the date of the execution of the lease; and
  2. (B) Any insurance or other costs expended by the lessor for the benefit of the lessee.

§ 55-24-105. Presumptions — Term of protection — Notice to manufacturer.

(a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:
1. (1) The same nonconformity has been subject to repair three (3) or more times by the manufacturer or its agents or authorized dealers during the term of protection, but the nonconformity continues to exist; or
2. (2) The vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the term of protection.
(b) The term of protection and the thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
(c) It shall be the responsibility of the consumer, or the representative of the consumer, prior to proceeding under § 55-24-103, to give written notification by certified mail directly to the manufacturer of the need for the correction or repair of the nonconformity. If the address of the manufacturer is not readily available to the consumer in the owner's manual or manufacturer's warranty received by the consumer at the time of purchase of the motor vehicle, the written notification shall be mailed to an authorized dealer. The authorized dealer shall upon receipt forward the notification to the manufacturer. If, at the time the notice is given, either of the conditions set forth in subsection (a) already exists, the manufacturer shall be given an additional opportunity after receipt of the notification, not to exceed ten (10) days, to correct or repair the nonconformity.

§ 55-24-106. Informal dispute settlement procedure.

(a) If a manufacturer has established or participates in an informal dispute settlement procedure that complies with the provisions of 16 CFR Part 703, as those provisions read on November 3, 1983, and of this chapter, and causes the consumer to be notified of the procedure, the provisions of § 55-24-103 concerning refunds or replacement shall not apply to any consumer who has not first resorted to the procedure. The attorney general and reporter shall, upon application, issue a determination whether an informal dispute resolution mechanism qualifies under this section.
(b)
1. (1) The informal dispute settlement panel shall determine whether the motor vehicle does or does not conform to all applicable express warranties.
2. (2) If the motor vehicle does not conform to all applicable express warranties, the informal dispute settlement panel shall then determine whether the nonconformity substantially impairs the motor vehicle.
3. (3) If the nonconformity does substantially impair the motor vehicle, the informal dispute settlement panel shall then determine, in accordance with this chapter, whether a reasonable number of attempts have been made to correct the nonconformity.
4. (4) If a reasonable number of attempts have been made to correct the nonconformity, the informal dispute settlement panel shall determine whether the manufacturer has been given an opportunity to repair the motor vehicle as provided in § 55-24-102.
5. (5) If the manufacturer has been given an opportunity to repair the motor vehicle as provided in § 55-24-102, the panel shall find that the consumer is entitled to refund or replacement as provided in § 55-24-103(a).
6. (6) The informal dispute settlement panel shall determine the amount of collateral charges, where appropriate.

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55-24-107(b)

§ 55-24-107. Statute of limitations.

(a) Any action brought under this chapter shall be commenced within six (6) months following:
1. (1) Expiration of the express warranty term; or
2. (2) One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date.
(b) The statute of limitations shall be tolled for the period beginning on the date when the consumer submits a dispute to an informal dispute settlement procedure as provided in § 55-24-106 and ending on the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever comes later.

§ 55-24-108. Recovery of costs and expenses — Attorneys' fees.

If a consumer finally prevails in any action brought under this chapter, the consumer may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorneys' fees based on actual time expended, determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of the action.

§ 55-24-109. Copy of repair order to consumer.

A manufacturer, its agent or authorized dealer shall provide to the consumer, each time the consumer's vehicle is returned from being serviced or repaired, a copy of the repair order indicating all work performed on the vehicle, including, but not limited to, parts and labor provided without cost or at reduced cost because of shop or manufacturer's warranty, the date the vehicle was submitted for repair, the date it was returned to the consumer, and the odometer reading.

§ 55-24-110. Election of remedies.

(a) Nothing in this chapter shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law.
(b) In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under this chapter shall not be available insofar as it would result in recovery in excess of the recovery authorized by § 55-24-103 without proof of fault resulting in damages in excess of the recovery.
(c) Any agreement entered into by a consumer for, or in connection with, the purchase or lease of a new motor vehicle that waives, limits or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the motor vehicle.

§ 55-24-111. Commencing actions against sellers or lessors.

No action shall be commenced or maintained under this chapter against the seller or lessor of a motor vehicle unless the seller or lessor is also the manufacturer, or unless the manufacturer of the motor vehicle is not subject to service of process in this state, or service cannot be secured by this state's long-arm statutes, or unless the manufacturer has been judicially declared insolvent.

§ 55-24-112. Manufacturer's warranty — Disclosure to purchaser.

Any business entity that purchases a fleet of new motor vehicles, titles the motor vehicles in the business entity's name and sells the vehicles to an individual purchaser shall disclose in writing any remaining manufacturer's warranty on the motor vehicles to the purchaser.

Chapter 25 Uniform Motor Vehicle Records Disclosure Act

§ 55-25-101. Short title.

This chapter shall be known and may be cited as the “Uniform Motor Vehicle Records Disclosure Act.”

§ 55-25-102. Purpose.

The purpose of this chapter is to implement the federal Drivers' Privacy Protection Act of 1994 (DPPA) (Title XXX of Public Law 103-322) (18 U.S.C. §§ 2721 — 2725), in order to protect the interest of individuals in their personal privacy of prohibiting the disclosure and use of personal information contained in their motor vehicle records, except as authorized by these individuals or by law.

§ 55-25-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Department” means the department of safety, the department of revenue and the county clerk's office when acting as an agent of these departments, or the duly authorized agents or contractors thereof, responsible to compile and maintain motor vehicle records;
2. (2) “Disclose” means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any person, organization or entity, by any means of communication;
3. (3) “Express consent” means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in 15 U.S.C. § 7006(5);
4. (4) “Highly restricted personal information” means an individual's photograph or image, social security number, medical or disability information;
5. (5) “Individual record” is a motor vehicle record containing personal information about a designated person who is the subject of the record as identified in a request;
6. (6) “Motor vehicle record” means any records that pertain to a motor vehicle operator's or driver license or permit, motor vehicle registration, motor vehicle title, or identification document issued by a department of safety, or other state or local agency authorized to issue any of these forms of credentials;
7. (7) “Person” means an individual, organization or entity, but does not include this state or an agency of this state;
8. (8) “Personal information” means information that identifies a person, including an individual's photograph, or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, and driver license or registration status; and
9. (9) “Record” includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts or other documentary materials regardless of physical form or characteristics.

§ 55-25-104. Disclosure of personal information prohibited.

Notwithstanding any other law to the contrary, except as provided in §§ 55-25-105 — 55-25-107, the department, and any officer, employee, agent or contractor thereof, shall not disclose personal information about any person obtained by the department in connection with a motor vehicle record.

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§ 55-25-105. Disclosure for safety, environmental, and federal compliance purposes. [Amendment contingent on funding by the federal selective service system. See the Compiler's Notes.]

(a) Personal information referred to in § 55-25-104 shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Federal Automobile Information Disclosure Act (15 U.S.C. § 1231 et seq.), the Motor Vehicle Information and Cost Savings Act (15 U.S.C. § 1901 et seq.), the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. § 1381 et seq.), the Anti-Car Theft Act of 1992 (15 U.S.C. § 2021 et seq.), and the Clean Air Act (42 U.S.C. § 7401 et seq.), as amended, and all statutes and agency regulations enacted or adopted pursuant to the authority of, or to attain compliance with, these acts of congress.
(b) [Effective December 1, 2002, if contingency met.] Personal information referred to in § 55-25-104 shall be disclosed for use in connection with matters concerning the federal selective services system.

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§ 55-25-106. Consent.

Personal information referred to in § 55-25-104 may be disclosed to any requesting person, if the person demonstrates, in the form and manner the department prescribes, that such person has obtained the written consent of the person who is the subject of the information.

§ 55-25-107. Disclosure for certain purposes.

(a) The department, or any officer, employee, or contractor of the department, shall not knowingly disclose or otherwise make available to any person or entity:
1. (1) Personal information about any person obtained by the department in connection with a motor vehicle record, except as provided in this section; or
2. (2) Highly restricted personal information about any person obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom that information applies, except uses permitted in subdivisions (b)(1), (b)(4), (b)(6), and (b)(9); provided, however, that this subdivision (a)(2) shall not in any way affect the administration of organ donation initiatives in this state.
(b) Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV of the federal Anti-Car Theft Act of 1992 (15 U.S.C. § 2021 et seq.), the federal Automobile Information Disclosure Act (15 U.S.C. § 1231 et seq.), the federal Clean Air Act of 1992 (42 U.S.C. § 7401 et seq., 49 U.S.C. § 30101 et seq., 49 U.S.C. § 30501 et seq., 49 U.S.C. § 32101 et seq., 49 U.S.C. § 33101 et seq.), and, subject to subdivision (a)(2), may be disclosed for use as follows:
1. (1) By any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state or local agency in carrying out its functions;
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  - 10-7-504(a)(31)(B)(iv)
2. (2) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles, motor vehicle parts and dealers, motor vehicle market research activities, including survey research, and removal of nonowner records from the original owner records of motor vehicle manufacturers;
3. (3) In the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
  1. (A) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
  2. (B) If the information so submitted is not correct or is no longer correct, to obtain the correct information, but only for purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual;
4. (4) In connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court;
5. (5) In research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;
6. (6) By any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting;
7. (7) In providing notice to the owners of towed or impounded vehicles;
8. (8) By any licensed private investigative agency or licensed security service for any purpose permitted under this subsection (b);
9. (9) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver license that is required under 49 U.S.C. § 31301 et seq.;
10. (10) In connection with the operation of private toll transportation facilities;
11. (11) [Deleted by 2022 amendment.]
12. (12) [Deleted by 2022 amendment.]
13. (13) By any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains; and
14. (14) For any other use specifically authorized under the law of this state, if that use is related to the operation of a motor vehicle or public safety.
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(c) An authorized recipient of personal information, except a recipient under subdivision (b)(11) or (b)(12), may resell or redisclose the information only for use permitted under subsection (b), but not for uses under subdivision (b)(11) or (b)(12). An authorized recipient under subdivision (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subdivision (b)(12) may resell or redisclose personal information pursuant to subdivision (b)(12). Any authorized recipient, except a recipient under subdivision (b)(11), that resells or rediscloses personal information covered by this section shall keep for a period of five (5) years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make those records available to the department of revenue or the department of safety upon request.
(d) The department of revenue or the department of safety may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one (1) of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing that individual of the request, together with a statement to the effect that the information shall not be released unless the individual waives the individual's right to privacy under this section.
(e) Under no circumstances may the department of revenue or the department of safety condition or burden in any way the issuance of an individual's motor vehicle record to obtain express consent for the disclosure of that record. Nothing in this subsection (e) shall be construed to prohibit the department of revenue or the department of safety from charging an administrative fee for issuance of a motor vehicle record.
(f) Motor vehicle records, personal information, or highly restricted personal information shall be disclosed to any person by the department of revenue or the department of safety upon proof of the identity of the person requesting the record or information and representation by that person that the use of the personal information shall be strictly limited to one (1) or more of the permitted uses described in this section.
(g) Before issuing motor vehicle records, personal information, or highly restricted personal information, the department of revenue or the department of safety may require any person, federal, state, or local governmental agency requesting that information, or each of the requesting entity's contractors, officers or individuals in the employ of that person or governmental agency that will have access to the information, to execute a confidentiality agreement stating that the recipient, or the recipient's contractor, officer or employee, as the case may be, shall comply with the confidentiality provisions of this section and shall limit the use of the information to those uses specifically permissible under this section.
(h) No person, governmental agency, or contractor, officer or employee thereof who receives information under this section shall disclose that information to any person other than the person to whom it relates, except as otherwise may be authorized by this section or other applicable law.

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§ 55-25-108. [Reserved.]

§ 55-25-109. Ascertainment of requesting party's identity.

The department may, prior to disclosure of personal information as permitted under §§ 55-25-105 — 55-25-107 require the meeting of conditions by requesting the person for the purposes of obtaining reasonable assurance concerning the identity of the requesting person, and, to the extent required, that the use will be only as authorized, or the consent of the person which is the subject of the information has been obtained. These conditions may include, but need not be limited to, the making and filing of written application in a form and containing any information and certification requirements as the department may prescribe.

§ 55-25-110. [Reserved.]

§ 55-25-111. Rules and regulations.

The department is authorized to adopt administrative regulations to carry out the purposes of this chapter. The regulations may include procedures under which the department, upon receiving a request for personal information that is not subject to disclosure in accordance with the exception provisions of §§ 55-25-105 — 55-25-107, may mail a copy of the request to each individual who is the subject of the information, informing the individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual affirmatively elects to waive the individual's right to privacy under this chapter.

§ 55-25-112. Penalty for violations.

Any person requesting the disclosure of personal information from department records who misrepresents that person's identity or makes a false statement to the department on any application required to be submitted pursuant to this chapter commits a Class C misdemeanor, punishable only by a fine not to exceed one thousand dollars ($1,000).

Chapter 26 Pedal Carriages and Rickshaws

§ 55-26-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Pedal carriage,” also known as “quadricycle,” means a nonmotorized bicycle with four (4) or more wheels operated by one (1) or more persons for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of or otherwise attached to the pedal carriage. “Pedal carriage” does not include a bicycle with trainer or beginner wheels affixed thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the transportation of a disabled person, nor does it include a tricycle built for a child or an adult with a seat for only one (1) operator and no passenger; and
2. (2) “Rickshaw,” also known as “pedicab,” means a nonmotorized bicycle with three (3) wheels operated by one (1) person for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of or otherwise attached to the rickshaw. “Rickshaw” does not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor does it include a wheelchair or other vehicle with the purpose of operation by or for the transportation of a disabled person.

§ 55-26-102. Local ordinances.

By ordinance of its legislative body, any municipality or metropolitan government may authorize, regulate, and control the commercial use of pedal carriages and rickshaws as modes of transportation-for-hire within entertainment, dining, scenic and/or historic areas of the center city. The ordinances shall be reasonably related to promotion and protection of the health, safety and welfare of operators, passengers, pedestrians, motorists and others visiting or working within the center city.

Chapter 27 Funds held in Trust by Dealers, Distributors and Manufacturers

§ 55-27-101. Chapter definitions.

The definitions in chapter 17 of this title shall also apply to those defined terms used in this chapter.

§ 55-27-102. Funds held in trust by a dealer.

All funds received by a dealer in a transaction involving the purchase or trade-in, or both, of a motor vehicle intended by the parties to the transaction to be used to:
1. (1) Satisfy obligations secured by a lien or other security interest in a motor vehicle or other tangible personal property taken by the dealer as a trade-in in partial or complete consideration for the purchase of a motor vehicle;
2. (2) Pay to the taxing authorities the sales or use tax collected by the dealer on the sale of a motor vehicle; or
3. (3) Pay the fees imposed for the transfer of title, registration and licensing of the vehicle;
4. are trust funds held in trust by the dealer for the benefit of the purchaser and/or the holder of the obligations secured by the lien or other security interest and/or the taxing authorities and registration officials, as their respective interests may appear.

§ 55-27-103. Funds held in trust by a manufacturer.

Funds held by a manufacturer that are necessary to perform the obligations of the manufacturer to dealers or customers described in this section are trust funds held in trust by the manufacturer for the benefit of any dealer or customer to whom the obligation is owed:
1. (1) Dealer holdbacks that are funds owed to a dealer by the manufacturer pursuant to an agreement between the parties calculated as a percentage of the manufacturer's suggested retail price of a vehicle sold by the manufacturer to the dealer, that accrue at the time the dealer sells the motor vehicle to a customer at retail and are to be paid to the dealer in monthly, quarterly or other installments;
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2. (2) Interest credits that are funds that become owed by a manufacturer to a dealer in an amount or percentage agreed upon by the parties at the time the dealer takes delivery of a motor vehicle purchased by the dealer from the manufacturer that are intended to pay the dealer a portion of the interest or other carrying charges incurred by the dealer in financing or floor planning its inventory of new motor vehicles;
3. (3) Marketing stimulus credits that are funds the manufacturer has agreed to pay to the dealer based upon a percentage of the manufacturer's invoices for certain model years of motor vehicles sold to the dealer by the manufacturer that become payable upon the dealer taking delivery of the vehicles in accordance with the terms of the agreement between the parties;
4. (4) Customer rebates that are funds in an amount that a manufacturer determines and agrees to extend to customers who purchase certain motor vehicles and that become due and payable by the manufacturer at the time the customer purchases a qualifying motor vehicle, whether the right to receipt of the rebate is retained by the customer or assigned to the dealer by the customer at the time the sale of the vehicle takes place;
5. (5) Dealer cash rebates including concessions that are amounts of money that a manufacturer has agreed to pay to a dealer that become due at the time of sale of a vehicle and payable to the dealer according to the terms of the agreement of the parties;
6. (6) Credit card rewards that are amounts of money that the holder of a credit card sponsored by a manufacturer can accrue and accumulate that can be used by the holder as partial payment for the purchase from a dealer of a new motor vehicle made by the manufacturer or an affiliate of the manufacturer and that the holder becomes entitled to use by the purchase of the vehicle and has been assigned to the dealer by the holder or by operation of law or contract;
7. (7) Advertising funds that are amounts charged by the manufacturer to a dealer as a percentage of the invoice price of a motor vehicle sold by the manufacturer to the dealer that are intended to be held by the manufacturer for the benefit of the dealer and used to reimburse the dealer for advertising expenses incurred by the dealer that meet the requirements imposed by the agreement between the manufacturer and the dealer;
8. (8) Employee or supplier discounts that are the amounts that a manufacturer has agreed to pay to a dealer as additional consideration for the sale of a motor vehicle computed as either a fixed amount or percentage of the sales price of a motor vehicle sold by the dealer under a manufacturer's employees and suppliers plan and that become due to the dealer at the time of sale of a vehicle to the employee or supplier pursuant to the manufacturer's plan, and that become payable to the dealer in accordance with the terms of the plan or other agreement between the manufacturer and the dealer;
9. (9) Employee buyout vouchers that are contractual arrangements under which a manufacturer provides to an employee upon termination or as a bonus a voucher in a predetermined amount that the employee is entitled to use as a means of payment or partial payment for a new motor vehicle manufactured by the manufacturer or an affiliate of the manufacturer, and that a dealer has become entitled to be paid at the time of its acceptance from the employee by the dealer upon sale of a qualifying motor vehicle; and
10. (10) Warranty payments that are payments that a manufacturer becomes obligated to pay to a dealer or other repair facility for the cost of parts, labor and associated taxes and other charges incurred in performing repairs or other services to a motor vehicle covered by a vehicle warranty extended or provided by the manufacturer with respect to the motor vehicle that become due at the time the parts, repairs or services are provided and are payable under the terms of the warranty or other agreement.

§ 55-27-104. Funds held in trust by a distributor.

Funds held by a manufacturer's distributor of motor vehicles that are described in one (1) or more of § 55-27-103(1)-(10), as to which the distributor is obligated to a dealer or customer, are trust funds held in trust by the manufacturer's distributor for the benefit of any dealer or customer to whom the obligation is owed.

§ 55-27-105. Status of funds.

The trust fund status of any funds provided for under this chapter and chapter 24 of this title shall not be defeated by an inability to identify and trace the existence of the specific, precise funds in the account or accounts of the party holding the funds.

§ 55-27-106. Security interest in funds.

(a) A party holding trust funds provided for under this chapter and chapter 24 of this title may not grant to any third party any security or other interest in the trust funds.
(b) Notwithstanding subsection (a), for any manufacturer which, as a result of restructuring or other means, ten percent (10%) or more of the outstanding common stock is or was at any time owned by an entity or agency of the United States government, subsection (a) shall only apply to trust funds owed by such manufacturer to a dealer on or within three hundred ninety-five (395) days prior to the filing by or against that manufacturer of a petition for relief under title 11 of the United States Code; provided, however, that nothing in this subsection (b) shall diminish any rights otherwise afforded by Tennessee common law or other applicable Tennessee authority that existed prior to the enactment of this subsection (b) or any amendment thereto.

Chapter 28 Tennessee Recreation Vehicle Franchise Act of 2016

§ 55-28-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Recreation Vehicle Franchise Act of 2016.”

§ 55-28-102. Chapter definitions.

As used in this chapter:
1. (1) “Area of sales responsibility” means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display and sell the manufacturer's new recreational vehicles of a particular line-make to the retail public;
2. (2) “Dealer” means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter or chapter 17, part 4 of this title;
3. (3) “Distributor” means any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers;
4. (4) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue;
5. (5) “Family member” means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse of such family member;
6. (6) “Fifth wheel trailer” means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size and weight as to not require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism mounted above or forward of the tow vehicle's rear axle;
7. (7) “Folding camping trailer” means a vehicle mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use;
8. (8) “Line-make” means a specific series of recreational vehicles that:
  1. (A) Are identified by a common series trade name or trademark;
  2. (B) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;
  3. (C) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;
  4. (D) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
  5. (E) The manufacturer/dealer agreement authorizes a dealer to sell;
9. (9) “Manufacturer” means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles;
10. (10) “Manufacturer/dealer agreement” means a written agreement or contract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles;
11. (11) “Motor home” means a motorized vehicle designed to provide temporary living quarters for recreational, camping, or travel use. The vehicle must contain at least four (4) of the following permanently installed independent life support systems which meet the National Fire Protection Association Standard for Recreational Vehicles:
  1. (A) A cooking facility with an on-board fuel source;
  2. (B) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection;
  3. (C) A toilet with exterior evacuation;
  4. (D) A gas or electric refrigerator;
  5. (E) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or
  6. (F) An electric power system separate from the vehicle engine;
12. (12) “Proprietary part” means any part manufactured by or for and sold exclusively by a manufacturer;
13. (13) “Recreational vehicle”:
  1. (A) Means a vehicle which is either self-propelled or towed by a consumer-owned tow vehicle, and designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and does not require a special-movement permit to legally use the highways; and
  2. (B) Includes the following basic products:
    1. (i) Motor home;
    2. (ii) Travel trailer;
    3. (iii) Fifth wheel travel trailer; and
    4. (iv) Folding camping trailer;
14. (14) “Supplier” means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components;
15. (15) “Transient customer” means a customer who is temporarily traveling through a dealer's area of sales responsibility;
16. (16) “Travel trailer” means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle; and
17. (17) “Warrantor”:
  1. (A) Means any person, firm, corporation, or business entity, including a manufacturer or supplier, that provides a written warranty to a consumer in connection with a new recreational vehicle or a part, accessory, or component of such vehicle; and
  2. (B) Does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.

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§ 55-28-103. Manufacturer/dealer agreement.

(a) A manufacturer or distributor may only sell a recreational vehicle in this state to or through a dealer having first entered into a manufacturer/dealer agreement with a dealer that has been signed by both parties.
(b) The manufacturer shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer/dealer agreement and shall not contract with another dealer for sale of the same line-make in the designated area for the duration of the agreement.
(c) The area of sales responsibility may be reviewed or changed not less than one (1) year after the execution of the manufacturer/dealer agreement and only with the consent of both parties.
(d) A recreational vehicle dealer shall not sell a new recreational vehicle in this state without having first entered into a manufacturer/dealer agreement with a manufacturer or distributor that has been signed by both parties.

§ 55-28-104. Termination, cancellation, or failure to renew manufacturer/dealer agreement by manufacturer or distributor.

(a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a manufacturer/dealer agreement only with good cause.
(b) The manufacturer or distributor has the burden of showing good cause for terminating, canceling, or failing to renew a manufacturer/dealer agreement with a dealer. For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered:
1. (1) The extent of the affected dealer's penetration in the area of sales responsibility;
2. (2) The nature and extent of the dealer's investment in its business;
3. (3) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel;
4. (4) The effect of the proposed action on the community;
5. (5) The extent and quality of the dealer's service under recreational vehicle warranties;
6. (6) The dealer's failure to follow agreed-upon procedures or standards related to the overall operation of the dealership; or
7. (7) The dealer's performance under the terms of its manufacturer/dealer agreement.
(c) Except as otherwise provided in this section, a manufacturer or distributor shall provide a dealer with at least ninety (90) days prior written notice of termination, cancellation, or nonrenewal of the manufacturer/dealer agreement.
(d)
1. (1) The notice must state all reasons for the proposed termination, cancellation, or nonrenewal and must further state that if, within thirty (30) days following receipt of the notice, the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have ninety (90) days following receipt of the original notice to rectify the deficiencies.
2. (2) If the deficiencies are rectified within ninety (90) days, the manufacturer's or distributor's notice is voided. If the dealer fails to provide the notice of intent to cure the deficiencies or fails to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect as provided in the original notice.
(e) The notice period may be reduced to thirty (30) days if the manufacturer's or distributor's grounds for termination, cancellation, or nonrenewal are due to any of the following good cause factors:
1. (1) A dealer or one of its owners being convicted of or entering a plea of nolo contendere to a felony;
2. (2) The abandonment or closing of the business operations of the dealer for ten (10) consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control;
3. (3) A significant misrepresentation by the dealer materially affecting the business relationship;
4. (4) A suspension or revocation of the dealer's license, or refusal to renew the dealer's license, by the commission; or
5. (5) A material violation of this chapter which is not cured within thirty (30) days of written notice by the manufacturer.
(f) Subsection (c) does not apply if the reason for termination, cancellation, or nonrenewal is the dealer's insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.

§ 55-28-105. Termination or cancellation of manufacturer/dealer agreement by dealer.

(a) A dealer may terminate or cancel its manufacturer/dealer agreement with a manufacturer or distributor with or without good cause by giving thirty (30) days' written notice.
(b)
1. (1) If the termination or cancellation is for good cause, the notice must state all reasons for the proposed termination or cancellation and must further state that if, within thirty (30) days following receipt of the original notice, the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies.
2. (2) If the deficiencies are rectified within ninety (90) days, the dealer's notice is voided. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies or fails to cure the deficiencies in the prescribed time period, the termination or cancellation will take effect as provided in the original notice.
3. (3) If the manufacturer/dealer agreement is terminated, cancelled, or not renewed by the dealer for good cause, and the manufacturer fails to provide notice or to cure the claimed deficiencies, the manufacturer shall at the dealer's option and within forty-five (45) days after termination, cancellation, or nonrenewal, repurchase:
  1. (A) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within twelve (12) months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer;
  2. (B) All undamaged accessories and proprietary parts sold to the dealer for resale within the twelve (12) months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent (105%) of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and
  3. (C) Properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of dealers' net cost plus freight if the dealer can prove the equipment can no longer be used in the normal course of the dealer's ongoing business.
4. (4) In the event any of the vehicles repurchased pursuant to subdivision (b)(3) are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery will not disqualify repurchase under this subdivision (b)(4).
5. (5) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after the manufacturer/dealer agreement for that line-make has been terminated or not renewed. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer or distributor, the dealer may continue to sell all line-makes that were subject to the terminated manufacturer/dealer agreement and are currently in stock until those line-makes are no longer in the dealer's inventory.
6. (6) The dealer has the burden of showing good cause. Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer:
  1. (A) A manufacturer being convicted of, or entering a plea of guilty or nolo contendere to a felony;
  2. (B) The business operations of the manufacturer have been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control;
  3. (C) A significant misrepresentation by the manufacturer materially affecting the business relationship;
  4. (D) A material violation of this chapter which is not cured within thirty (30) days after written notice by the dealer; or
  5. (E) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.

§ 55-28-106. Change in ownership by dealer — Objection — Succession to dealership by family member of deceased, incapacitated, or retired dealer.

(a)
1. (1) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least fifteen (15) business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor shall not object to the proposed change in ownership unless the prospective transferee:
  1. (A) Has previously been terminated by the manufacturer for breach of its manufacturer/dealer agreement;
  2. (B) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude;
  3. (C) Lacks any license required by law;
  4. (D) Does not have an active line of credit sufficient to purchase a manufacturer's product; or
  5. (E) Has undergone in the last ten (10) years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property.
2. (2) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within ten (10) business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(b)
1. (1) A manufacturer or distributor must provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A manufacturer or distributor shall not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within ten (10) days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only:
  1. (A) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude;
  2. (B) Bankruptcy or insolvency of the successor during the past ten (10) years;
  3. (C) Prior termination by the manufacturer of the successor for breach of a dealer agreement;
  4. (D) Successor does not have an active line of credit sufficient to purchase the manufacturer's product; or
  5. (E) Successor lacks any license required by law.
2. (2) The manufacturer or distributor has the burden of proof regarding its objection. However, a family member shall not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement.

§ 55-28-107. Warranty claims; violations by warrantor or dealer.

(a) Each warrantor shall:
1. (1) Specify in writing to each of its dealer obligations, if any, for preparation, delivery, and warranty service on its products;
2. (2) Compensate the dealer for warranty service required of the dealer by the warrantor; and
3. (3) Provide the dealer the schedule of compensation to be paid and the time allowances for the performance of any work and service. The schedule of compensation must include reasonable compensation for diagnostic work as well as warranty labor.
(b) Time allowances for the diagnosis and performance of warranty labor must be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factors to be given consideration shall be the actual wage rates being paid by the dealer, and the actual retail labor rate being charged by the dealers in the community in which the dealer is doing business. The compensation of a dealer for warranty labor shall not be less than the lowest retail labor rates actually charged by the dealer for like nonwarranty labor as long as such rates are reasonable.
(c) The warrantor shall reimburse the dealer for any warranty part, accessory, or complete component at actual wholesale cost plus a minimum thirty percent (30%) handling charge up to a maximum of one hundred fifty dollars ($150) and the cost, if any, of freight to return such part, component, or accessory to the warrantor.
(d) Warranty audits of dealer records may be conducted by the warrantor within twelve (12) months of payment of the claim and adjustments, if any, will include debits and credits. Dealer claims for warranty compensation shall not be denied except for cause, including performance of nonwarranty repairs, material noncompliance with the warrantor's published policies and procedures, lack of material documentation, fraud, or misrepresentation.
(e) The dealer shall submit warranty claims within forty-five (45) days after completing work.
(f) The dealer shall immediately notify the warrantor verbally or in writing if the dealer is unable to perform any warranty repairs within ten (10) days of receipt of verbal or written complaints from a consumer. If the cause for the consumer complaint is a delay in delivery of warranty parts from the manufacturer, then the dealer need only report this fact to the manufacturer.
(g) The warrantor shall disapprove warranty claims in writing within thirty (30) days after the date of submission by the dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within thirty (30) days shall be construed to be approved and must be paid within sixty (60) days of submission.
(h) A dealer is not obligated to store defective warranty parts for more than thirty (30) days from the time the warranty work is paid by the warrantor, if the defective parts, components, or accessories are not immediately returned to the warrantor or the consumer.
(i) It is a violation of this chapter for any warrantor to:
1. (1) Fail to perform any of its warranty obligations with respect to its warranted products;
2. (2) Fail to include, in written notices of factory campaigns to recreational vehicle owners and dealers, the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, will be available to dealers to perform the campaign work. The warrantor may ship parts to the dealer to effect the campaign work, and, if such parts are in excess of the dealer's requirements, the dealer may return unused, undamaged parts to the warrantor for full credit of the original charge to the dealer for the value of the parts returned after completion of the campaign;
3. (3) Fail to compensate any of its dealers for authorized repairs effected by the dealer on vehicles damaged in manufacture or transit to the dealer, if the carrier is designated by the warrantor, factory branch, distributor, or distributor branch;
4. (4) Fail to compensate any of its dealers in accordance with the schedule of compensation provided to the dealer pursuant to this section if performed in a timely and competent manner;
5. (5) Intentionally misrepresent in any way to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the vehicle are made by the dealer as warrantor or co-warrantor; or
6. (6) Require the dealer to make warranties to customers in any manner related to the manufacture of the recreational vehicle.
(j) It is a violation of this chapter for any dealer to:
1. (1) Fail to perform predelivery inspection functions, as specified by the warrantor, in a competent and timely manner;
2. (2) Fail to perform warranty service work authorized by the warrantor in a competent and reasonably timely manner on any transient customer's vehicle of a line-make sold or serviced by that dealer;
3. (3) Fail to notify the warrantor within ten (10) days of a second repair attempt which impairs the use, value or safety of the vehicle; or
4. (4) Make fraudulent warranty claims or misrepresent the terms of any warranty.

§ 55-28-108. Failure to indemnify and hold harmless.

Notwithstanding the terms of any manufacturer/dealer agreement, it is a violation of this chapter for:
1. (1) A warrantor to fail to indemnify and hold harmless its dealer against any losses or damages to the extent that the losses or damages are caused by the negligence or willful misconduct of the warrantor. A new recreational vehicle dealer shall not be denied indemnification for failing to discover, disclose, or remedy a defect in the design or manufacturing of a new recreational vehicle. A new recreational vehicle dealer may be denied indemnification if the new recreational vehicle dealer fails to remedy a known and announced defect in accordance with the written instructions of a warrantor for whom the new recreational vehicle dealer is obligated to perform warranty service. A new recreational vehicle dealer shall provide to a warrantor a copy of any pending lawsuit in which allegations are made that are covered by this subdivision (1) within ten (10) days after receiving such suit. Notwithstanding any law to the contrary, this subdivision (1) shall continue to apply even after the new recreational vehicle is titled; or
2. (2) A dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent that the losses or damages are caused by the negligence or willful misconduct of the dealer. A warrantor shall provide to a new recreational vehicle dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subdivision (2) within ten (10) days after receiving such suit. Notwithstanding any law to the contrary, this subdivision (2) shall continue to apply even after the new recreational vehicle is titled.

§ 55-28-109. Notice of damaged recreational vehicle — Reversion — Timeframe for inspection and rejection — Rejection of recreational vehicle with unreasonable amount of miles on odometer.

(a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the timeframe specified in the manufacturer/dealer agreement and:
1. (1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or
2. (2) Reject the vehicle within the timeframe set forth in subsection (d).
(b) If the manufacturer or distributor refuses or fails to authorize repair of such damage within ten (10) days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor.
(c) The dealer shall exercise due care in custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.
(d) The timeframe for inspection and rejection by the dealer must be part of the manufacturer/dealer agreement and shall not be less than two (2) business days after the physical delivery of the recreational vehicle.
(e) Any recreational vehicle that has, at the time of delivery to the dealer, an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus one hundred (100) miles, as unreasonable.

§ 55-28-110. Coercion or attempted coercion of dealer prohibited.

(a) A manufacturer or distributor shall not coerce or attempt to coerce a dealer to:
1. (1) Purchase a product that the dealer did not order;
2. (2) Enter into an agreement with the manufacturer or distributor; or
3. (3) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.
(b) As used in this section, “coerce” includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer/dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer/dealer agreement or delay product delivery as an inducement to amending the manufacturer/dealer agreement.

§ 55-28-111. Civil action for damages — Demand for mediation — Injunctive relief.

(a) A dealer, manufacturer, or warrantor injured by another party's violation of this chapter may bring a civil action in circuit court to recover actual damages. The court shall award attorney's fees and costs to the prevailing party in such an action. Venue for any civil action authorized by this section shall exclusively be in the county in which the dealer's business is located. In an action involving more than one (1) dealer, venue may be in any county in which any dealer that is party to the action is located.
(b)
1. (1) Prior to bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party.
2. (2) The demand for mediation shall be served upon the other party via certified mail at the address stated within the manufacturer/dealer agreement between the parties.
3. (3) The demand for mediation shall contain a brief statement of the dispute and the relief sought by the party filing the demand.
4. (4) Within twenty (20) days after the date a demand for mediation is served, the parties shall mutually select an independent, certified mediator and meet with that mediator for the purpose of attempting to resolve the dispute. The meeting place shall be in this state in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.
5. (5) The service of a demand for mediation under this section shall toll the time for the filing of any complaint, petition, protest, or other action under this chapter until representatives of both parties have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint, petition, protest, or other action is filed before that meeting, the court shall enter an order suspending the proceeding or action until the mediation meeting has occurred and may, upon written stipulation of all parties to the proceeding or action that the parties wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the court considers appropriate.
6. (6) The parties to the mediation shall bear the parties' own costs for attorney's fees and divide equally the cost of the mediator.
(c) In addition to the remedies provided in this section and notwithstanding the existence of any additional remedy at law, a manufacturer, warrantor, or dealer is authorized to make application to a circuit court for the grant, upon a hearing and for cause shown, of a temporary or permanent injunction, or both, restraining any person from acting as a dealer without being properly licensed, from violating or continuing to violate this chapter, or from failing or refusing to comply with the requirements of this chapter. Such injunction shall be issued without bond. A single act in violation of this chapter shall be sufficient to authorize the issuance of an injunction.

Chapter 29 The Motor Vehicle Recall and Disclosure Law

§ 55-29-101. Short title.

This chapter shall be known and may be cited as “The Motor Vehicle Recall and Disclosure Law.”

§ 55-29-102. Chapter definitions.

For purposes of this chapter:
1. (1) “Do-not-drive recall” means a recall notice provided to owners of affected vehicles, pursuant to 49 U.S.C. § 30119, when the vehicle manufacturer, in its consumer precautionary advice section governed by 49 CFR 577.5, unconditionally instructs the owner to stop driving the vehicle until the noncompliance or defect remedy is performed;
2. (2) “Manufacturer” means any person or entity:
  1. (A) That manufactures or assembles new and unused vehicles; or
  2. (B) That in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers;
3. (3) “Motor vehicle” means any self-propelled motor-driven vehicle having a gross vehicle weight rating (GVWR) of ten thousand pounds (10,000 lbs.) or less of the type required to be registered and titled under this title and includes both new and used motor vehicles;
4. (4) “Motor vehicle dealer” or “dealer” means any person or entity not excluded by § 55-17-102 who is licensed as such in this state engaged in the business of selling, offering to sell, soliciting, or advertising the sale of motor vehicles, or possessing motor vehicles for the purpose of resale, either on that person's own account or on behalf of another, either as that person's primary business or incidental to that person's business;
5. (5) “New motor vehicle” means any self-propelled motor-driven vehicle having a gross vehicle weight rating (GVWR) of ten thousand pounds (10,000 lbs.) or less that has never been the subject of a sale at retail to the general public;
6. (6) “Recall database” means a database from which an individual may obtain vehicle identification number (VIN) manufacturer's safety recall information relevant to a specific motor vehicle, including, but not limited to, www.safercar.gov;
7. (7) “Recall database report” means a report, specific to a vehicle that is identified by its vehicle identification number (VIN), containing information obtained from a recall database;
8. (8) “Sale”:
  1. (A) Means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle, or interest in the motor vehicle, as well as any option, subscription, or other contract, or solicitation looking to a sale, offer, or attempt to sell in any form, whether spoken or written; and
  2. (B) Includes a gift or delivery of any motor vehicle with or as a bonus on account of the sale of anything;
9. (9) “Stop-sale order” means a notification issued by a manufacturer to its franchised motor vehicle dealers stating that certain used vehicles in inventory shall not be sold or leased, at retail, due to a federal safety recall for a defect or a noncompliance, or a federal emissions recall; and
10. (10) “Used motor vehicle” means a motor vehicle having a gross vehicle weight rating (GVWR) of ten thousand pounds (10,000 lbs.) or less that has been the subject of a sale at retail to the general public.

§ 55-29-103. Recall database report.

(a) A motor vehicle dealer shall not sell at retail a used motor vehicle until the motor vehicle dealer has obtained a recall database report for the used motor vehicle. The recall database report shall not be older than forty-eight (48) hours prior to the sale of the used motor vehicle. This chapter does not apply to any wholesale transfers of a motor vehicle between dealers licensed in this state, motor vehicle dealers similarly licensed in other states, automobile auctions, and manufacturers.
(b) If a recall database report obtained by a motor vehicle dealer indicates that a used motor vehicle is subject to a do-not-drive recall or a stop-sale order, the dealer shall not sell the used motor vehicle at retail until the do-not-drive or stop-sale recall repair has been made.
(c)
1. (1) If a recall database report obtained by a dealer indicates that a used motor vehicle is subject to a manufacturer's safety recall other than a used motor vehicle subject to a do-not-drive or stop-sale order that has not been repaired, the dealer shall not sell the used motor vehicle at retail unless the dealer makes the recall repair or both of the following are satisfied:
  1. (A) The dealer discloses the manufacturer's safety recall by providing a copy of the recall database report to the consumer prior to the sale of the used motor vehicle; and
  2. (B) The consumer signs a disclosure acknowledging that the used motor vehicle has a manufacturer's safety recall that has not been repaired.
2. (2) To comply with subdivision (c)(1)(B), a recall database report that indicates the used motor vehicle is subject to a manufacturer's safety recall and the recall repair has not been made shall be disclosed to the consumer in a document that is signed by the consumer and is separate from the conditional sales contract or other motor vehicle purchase agreement.
3. (3) The recall database disclosure form required by subdivision (c)(2) shall be provided to the consumer as a separate document, be labeled at the top of the first page with the word “RECALL” in boldface and no smaller than twenty-eight (28) point font size, and contain the following:
5. DISCLOSURE OF RECALL INFORMATION
6. VEHICLE: MAKE:__________________MODEL:____________________
7. YEAR:___________________VIN:_______________________
8. For your safety we have performed a recall search on the website of the National Highway Traffic Safety Administration (NHTSA) (www.safercar.gov). The results of that search and the date it was performed are attached to this notice.
9. It is our information that the recall repairs have not been performed.
10. You must also be aware that the manufacturer of this vehicle may have “campaigns” or “service bulletins” regarding this vehicle that you should check through either www.safercar.gov or the manufacturer's website. The NHTSA website may not be up to date, so you need to periodically check.
11. Date:____________________________________________________________
12. Customer:________________________________________________________
13. Print Name: ______________________________________________________
14. Date:____________________________________________________________
15. Co-Buyer:________________________________________________________
16. Print Name: ______________________________________________________
17. Date:____________________________________________________________
18. Dealer:__________________________________________________________
19. Print Name: ______________________________________________________
21. (4) Compliance with this section shall not be waived by any consumer.
22. (5) The execution or signing of a Disclosure of Recall Information form by a purchaser of a used motor vehicle and the executed form itself shall not be admitted as evidence in any products liability case against the manufacturer.

§ 55-29-104. Compensation for recall repairs.

(a) A manufacturer shall compensate its franchised motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be reasonable. If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles of the same line-make within thirty (30) days of the manufacturer issuing the initial notice of recall, and the national highway traffic safety administration (NHTSA) or the manufacturer has issued a stop-sale or do-not-drive order on the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least one percent (1%) of the value of the vehicle per month beginning on the date that is thirty (30) days after the date on which the stop-sale or do-not-drive order was provided to the dealer until the earlier of either of the following:
1. (1) The date the recall or remedy parts are made available; or
2. (2) The date the dealer sells, trades, or otherwise disposes of the affected used motor vehicle.
(b) The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent third-party guide for the year, make, and model of the recalled vehicle.
(c) This section shall apply only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a stop-sale or do-not-drive order has been issued and repair parts or remedy remain unavailable for thirty (30) days or longer. This section further shall apply to franchised motor vehicle dealers holding an affected used vehicle for sale that is a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs:
1. (1) In inventory at the time the stop-sale or do-not-drive order was issued; or
2. (2) Which was taken in the used vehicle inventory of the dealer as a consumer trade-in incident to the purchase of a new vehicle from the dealer after the stop-sale or do-not-drive order was issued.
(d) It shall be a violation of this chapter for a manufacturer to reduce the amount of compensation otherwise owed to an individual franchised motor vehicle dealer whether through a chargeback, removal of the individual dealer from an incentive program, or reduction in amount owed under an incentive program solely because the franchised motor vehicle dealer has submitted a claim for reimbursement under this section. This subsection (d) shall not apply to an action by a manufacturer that is applied uniformly among all dealers of the same line-make in the state.
(e) All reimbursement claims made by franchised motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a stop-sale or do-not-drive order shall be subject to the same limitations and requirements as a warranty and sale incentive reimbursement claim pursuant to the rules of the Tennessee motor vehicle commission. In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program; provided, that the compensation under the program is equal to or greater than that provided under subsection (a); or as the manufacturer and dealer may otherwise agree.
(f) A manufacturer may direct the manner and method in which a dealer must demonstrate the inventory status of an affected used motor vehicle to determine eligibility under this section; provided, that the manner and method shall not be unduly burdensome and shall not require information that is unduly burdensome to provide.
(g) Nothing in this section shall require a manufacturer to provide total compensation to a dealer which would exceed the total average trade-in value of the affected used motor vehicle as originally determined under subsection (b).
(h) Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state or federal recall compensation remedy.

§ 55-29-105. Chapter not applicable to motor vehicle issued nonrepairable vehicle certificate or salvage title.

This chapter does not apply to the sale of any vehicle that has been issued a nonrepairable vehicle certificate or salvage title, as defined in § 55-3-211, or any other similar certificate or title issued by another state or jurisdiction.

§ 55-29-106. Noncompliance with chapter.

Noncompliance with this chapter shall constitute a violation of chapter 17, part 1 of this title.

Chapter 30 Automated Vehicles Act

§ 55-30-101. Short title.

This chapter shall be known and may be cited as the “Automated Vehicles Act.”

§ 55-30-102. Chapter definitions.

As used in this chapter:
1. (1) “Automated driving system” or “ADS” means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event;
2. (2) “Automated-driving-system-operated vehicle” or “ADS-operated vehicle” means a vehicle equipped with an automated driving system;
3. (3) “Department” means the department of revenue;
4. (4) “Dynamic driving task” means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic. “Dynamic driving task” does not include strategic functions, such as route selection and scheduling; and
5. (5) “Minimal risk condition” means a low-risk operating mode in which an ADS-operated vehicle when the ADS is engaged achieves a reasonably safe state upon experiencing a failure of the vehicle's ADS that renders the vehicle unable to perform the entire dynamic driving task.

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§ 55-30-103. Operation of ADS-operated vehicle without human driver.

An ADS-operated vehicle may drive or operate on streets and highways in this state with the ADS engaged without a human driver physically present in the vehicle if the vehicle meets the following conditions:
1. (1) Unless an exemption has been granted under applicable federal or state law, the vehicle is capable of being operated in compliance with applicable provisions of chapters 8, 9, and 10 of this title, and has been, at the time it was manufactured, certified by the manufacturer as being in compliance with applicable federal motor vehicle safety standards;
2. (2) The vehicle is capable, in the event of a failure of the automated driving system that renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain, of achieving a minimal risk condition;
3. (3) Is registered in accordance with chapter 4 of this title, and if registered in this state, the vehicle is identified on the registration as an ADS-operated vehicle; and
4. (4)
  1. (A)
    1. (i) [Effective until July 1, 2021.] The vehicle is covered by primary automobile liability insurance in at least five million dollars ($5,000,000) per incident for death, bodily injury, and property damage, and the automobile liability insurance satisfies the requirements of § 56-7-1201;
    2. (ii) Insurance required by subdivision (4)(A)(i) may be:
      1. (a) Placed with an insurer authorized to do business in this state under title 56 or with a surplus lines insurer eligible under title 56, chapter 14;
      2. (b) Covered by a surety bond executed and filed with the commissioner of safety; or
      3. (c) Satisfied in accordance with § 55-12-111;
    3. (iii) Insurance satisfying the requirements of this subdivision (4)(A) shall be deemed to satisfy the financial responsibility requirements for a motor vehicle under chapter 12 of this title;
  2. (B) This subdivision (4) is deleted on July 1, 2021;
  3. (C) No later than February 1, 2020, the commissioners of safety and commerce and insurance shall submit a joint report to the transportation and safety committee of the senate and the transportation committee of the house of representatives, which report shall make recommendations, including the appropriate rationale and any proposed legislation, on whether the insurance and bonding coverages and coverage amount requirements of this subdivision (4)(A) should be increased, decreased, extended, or otherwise amended.

§ 55-30-104. Use of integrated electronic display for communication, information, and other uses by person inside ADS-operated vehicle.

Notwithstanding § 55-9-105, a person who is physically inside an ADS-operated vehicle, when the ADS is engaged, may use an integrated electronic display for communication, information, and other uses enabled by the display if the display is integrated with the vehicle such that it operates and functions in coordination with such autonomous technology and disables automatically any moving images visible to the motor vehicle operator when the autonomous technology is disengaged.

§ 55-30-105. Prohibited regulation by political subdivision.

No political subdivision may by ordinance, resolution, or any other means prohibit or regulate within the jurisdictional boundaries of the political subdivision the use of:
1. (1) An ADS-operated vehicle that is operating in compliance with this chapter and otherwise complies with all laws of the political subdivision; or
2. (2) A motor vehicle operated at any level of autonomous technology, as defined by § 55-9-105(c)(6)(B), not otherwise included in this chapter.

§ 55-30-106. Liability for accidents involving an ADS-operated vehicle.

(a) Liability for accidents involving an ADS-operated vehicle shall be determined in accordance with product liability law, common law, or other applicable federal or state law. Nothing in this chapter shall be construed to affect, alter, or amend any right, obligation, or liability under applicable product liability law, common law, federal law, or state law.
(b) When the ADS is fully engaged, operated reasonably and in compliance with manufacturer instructions and warnings, the ADS shall be considered the driver or operator of the motor vehicle for purposes of determining:
1. (1) Liability of the vehicle owner or lessee for alleged personal injury, death, or property damage in an incident involving the ADS-operated vehicle; and
2. (2) Liability for nonconformance to applicable traffic or motor vehicle laws.

§ 55-30-107. Unlawful operation of motor vehicle without human driver in driver's seat.

(a) It is an offense for any person to knowingly operate a motor vehicle on the public roads or highways of this state without a human driver in the driver's seat of the vehicle unless satisfying the requirements of this chapter.
(b) A violation of subsection (a) is a Class A misdemeanor.

§ 55-30-108. Scope of chapter.

Except as otherwise provided in this chapter, this chapter exclusively governs the authorization of the operation and use of an ADS-operated vehicle when the ADS is engaged and in high or full automation mode, including, but not limited to, commercial use of ADS-operated vehicles. For motor vehicles operated at any other level of autonomous technology, as defined by § 55-9-105(c)(6)(B), the motor vehicle and driver shall be held to the same laws as conventionally operated motor vehicles, including the financial responsibility requirements of § 55-12-102, unless an exemption is specifically set out for a vehicle operated with any level of autonomy.

Chapter 50 Uniform Classified and Commercial Driver License Act

Part 1 General Provisions

§ 55-50-101. Short title.

This chapter shall be known and may be cited as the “Uniform Classified and Commercial Driver License Act of 1988.”

§ 55-50-102. Chapter definitions. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

As used in this chapter, unless the context otherwise requires:
1. (1) “Administrator” means the federal motor carrier safety administrator, the chief executive of the federal motor carrier safety administration, an agency within the United States department of transportation;
2. (2) “Alcohol or alcoholic beverage” means:
  1. (A) Beer as defined in 26 U.S.C. § 5052(a), of the Internal Revenue Code of 1954;
  2. (B) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or
  3. (C) Distilled spirits as defined in 26 U.S.C. § 5002(a)(8);
3. (3) “Autocycle” means the same as defined in § 55-1-103;
4. (4) “Bus” means every motor vehicle designed for carrying more than fifteen (15) passengers including the driver and operated for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
5. (5) “Cancellation of driver license” means the annulment or termination by formal action of the department of a person's driver license because of some error or defect in the license or application or because the licensee is no longer entitled to that license;
6. (6) “Certified driving instructor” means any person who gives driver training or who offers a course in driver training, and who is certified as a certified driving instructor by the department;
7. (7) “Chauffeur” means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property;
8. (8) “Chief” means the chief of the highway patrol;
9. (9) “Commerce” means:
  1. (A) Trade, traffic, and transportation within the jurisdiction of the United States; between a place in a state and a place outside of the state, including a place outside the United States; and
  2. (B) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in subdivision (9)(A);
10. (10) “Commercial driver certificate” means a document issued by the department that authorizes a driver to operate a class of motor vehicle. The certificate shall be issued in accordance with the standards contained in 49 CFR Part 383 . A commercial driver certificate shall be issued only to persons whose state of domicile is outside the state, and does not currently issue a commercial driver license in compliance with standards contained in 49 CFR Part 383 . The commercial driver certificate shall be considered a valid commercial driver license only when used with the individual's driver license issued by the individual's state of domicile or country;
11. (11) “Commercial driver license” or “CDL” means a license issued by the department in accordance with the standards contained in 49 CFR Part 383 to an individual that authorizes the individual to operate a class of commercial motor vehicle. A commercial driver certificate accompanied by a valid driver license shall be considered a valid commercial driver license;
12. (12) “Commercial learner's permit” or “CLP” means a permit issued to an individual by the department that, when carried with a valid driver license issued by the department, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid;
13. (13)
  1. (A) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
    1. (i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds;
    2. (ii) Is designed to transport more than fifteen (15) passengers, including the driver; or
    3. (iii) Is of any size and is used in the transportation of hazardous materials, as defined in this section;
  2. (B) However, the following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this chapter:
    1. (i) Vehicles that are controlled and operated by a farmer or nursery worker that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier;
    2. (ii) Vehicles designed and used solely as emergency vehicles that are necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation. This exemption shall apply to vehicles operated by paid or nonpaid personnel;
    3. (iii) Vehicles operated for military purposes by active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians;
    4. (iv) Vehicles designed and used primarily as recreational vehicles as defined in this section; and
    5. (v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes;
14. (14) “Commissioner” means the commissioner of safety;
15. (15) “Controlled substance” means any substance so classified under § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I-V, of 21 CFR Part 1308, as they may be revised from time to time;
16. (16) “Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;
17. (17) “Department” means the department of safety acting directly or through its duly authorized officers and agents;
18. (18) “DHS Secretary” means the secretary of homeland security of the United States;
19. (19) “Domicile” means a person's fixed, permanent and principal home for legal purposes and to which the person has the intention of returning whenever the person is absent;
20. (20) “Driver” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
21. (21) “Driver license” means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways;
22. (22) “Driver licenses — Classes of” means:
  1. (A) Class A. This license shall be issued and valid for the operation of any combination of motor vehicles with a Gross Combination Weight Rating (GCWR) in excess of twenty-six thousand pounds (26,000 lbs.), provided the vehicle or vehicles being pulled have a Gross Vehicle Weight Rating (GVWR) in excess of ten thousand pounds (10,000 lbs.). Persons holding a valid Class A license may operate vehicles in Classes B, C and D, but not Class M vehicles, or vehicles that require a special endorsement unless the proper endorsement appears on the license;
  2. (B) Class B. This license shall be issued and valid for vehicles with a Gross Vehicle Weight Rating (GVWR) in excess of twenty-six thousand pounds (26,000 lbs.), or any such vehicle towing a vehicle not in excess of ten thousand pounds (10,000 lbs.) Gross Vehicle Weight Rating (GVWR). Persons holding a valid Class B license may operate vehicles in Classes C and D, but not vehicles in Classes A and M, or vehicles that require a special endorsement unless the proper endorsement appears on the license;
  3. (C) Class C. This license shall be issued and valid for the operation of any single vehicle with a Gross Vehicle Weight Rating (GVWR) of twenty-six thousand pounds (26,000 lbs.) or less Gross Vehicle Weight Rating (GVWR). This group applies to vehicles that are placarded for hazardous materials, designed to transport more than fifteen (15) passengers including the driver, or used as school buses. Persons holding a valid Class C license may operate vehicles in Class D but not in Classes A, B or M;
  4. (D) Class D. This license shall be issued and valid for the operation of any vehicle with a Gross Vehicle Weight Rating (GVWR) less than twenty-six thousand one pounds (26,001 lbs.), or any combination of vehicles with a Gross Combination Weight Rating (GCWR) less than twenty-six thousand one pounds (26,001 lbs.), except vehicles in Classes A, B, C or M or vehicles that require a special endorsement unless the proper endorsement appears on the license, and shall include autocycles;
  5. (E) Class H. The department may issue this class license to a minor between fourteen (14) and sixteen (16) years of age. This special class license shall be restricted to the operation of a passenger car or other similar vehicle under Class D, a “motorscooter,” or a “motorized bicycle”. This class license shall be known as a hardship license or motorscooter license previously issued under the authority of former § 55-7-104(g) and (h). The use of this license shall be valid for use in daylight hours only and for travel to authorized locations as specified on an attachment and by any other restriction deemed appropriate by the department and set forth in administrative rules and regulations;
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    55-50-323(a)(2)(M)
  6. (F) Class M.
    1. (i) The Class M license is valid for all motorcycles, including all motorscooters. This license classification may be added to a license valid for another class, or it may be issued as the only classification on a license if the applicant is not licensed for another classification.
    2. (ii) A Class M-limited license may also be issued and is valid for all motorscooters, including mopeds, but not for larger motorcycles. The department may develop knowledge and skills tests that are suitable for the Class M-limited license and for the operation of motorscooters.
  7. (G) Class P. This class license is issued as an instructional permit and shall be valid to permit the operator to drive a particular class of vehicle on an instructional basis only. A Class P license shall be issued only in conjunction with another class indicating the class of vehicle or vehicles that the operator is legally entitled to operate. The holder of a Class P license must be accompanied at all times by a parent, stepparent, guardian, or certified driving instructor who has been licensed in this state as a driver for the type or class of vehicle being used for at least one (1) year, who is at least twenty-one (21) years of age, and who is fit and capable of exercising physical control over the vehicle and who is occupying a seat beside the driver; provided, that the requirement does not apply to motorcycles;
    1. (i) Class P licenses will be issued to persons completing the appropriate application, paying the required fees, and successfully passing a vision and written examination for the appropriate class of license;
    2. (ii) Applicants for a Class P license must meet all requirements of the particular class license for which they are applying;
    3. (iii) Class P licenses will be issued for classes of vehicle or vehicles as follows:
      1. (a) Class P-A. This is an instructional permit issued for Class A vehicles;
      2. (b) Class P-B. This is an instructional permit issued for Class B vehicles;
      3. (c) Class P-C. This is an instructional permit issued for Class C vehicles;
      4. (d) Class P-D. This is an instructional permit issued for Class D vehicles; and
      5. (e) Class P-M. This is an instructional permit issued for Class M vehicles;
    4. (iv) Persons issued a Class H or hardship license, who are at least fifteen (15) years of age, shall be extended the privileges provided above for persons issued a Class P-D license, when all provisions above are met;
23. (23) “Driver license endorsements” means special authorizations required to be displayed on a driver license that permit the driver to operate certain types of motor vehicles or motor vehicles hauling certain types of cargo:
  1. (A) Multiple Trailer Endorsement. This endorsement is required on a Class A license to permit the licensee to operate a vehicle authorized to pull more than one (1) trailer in accordance with chapter 7 of this title;
  2. (B) Passenger Endorsement. This endorsement is required on a Class A, B, or C license to permit the licensee to operate a vehicle designed to transport more than fifteen (15) passengers, including the driver;
  3. (C) Cargo Tank Endorsement. This endorsement is required on a Class A or C license to permit the licensee to operate a vehicle that is designed to transport, as its primary cargo, any liquid or gaseous material within a tank attached to the vehicle, the tank having a designed capacity of one thousand gallons (1,000 gals.) or more;
  4. (D) Hazardous Material Endorsement. This endorsement is required on any class license if the driver is operating a vehicle transporting a hazardous material that is required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), and by rules and regulations of the United States department of transportation;
  5. (E) School Bus Endorsement. This endorsement is required on any class license to permit the licensee to operate any vehicle being used as a school bus; and
  6. (F) For-Hire Endorsement. This endorsement is required to permit a licensee to operate a Class D vehicle as a chauffeur. This subdivision (23)(F) does not apply to ambulance personnel;
24. (24) “Employee” means an operator of a commercial motor vehicle, including an owner-operator or other independent contractor while in the course of operating a commercial motor vehicle, who is employed by an employer;
25. (25) “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle;
26. (26) “Farm tractors” means every motor vehicle designated and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;
27. (27) “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;
28. (28) “FMCSA” means the federal motor carrier safety administration, an agency within the United States department of transportation;
29. (29) “Full legal name” means an individual's first name, middle name or names and last name or surname, without use of initials or nicknames;
30. (30) “Gross combination weight rating (G.C.W.R.)” means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, G.C.W.R. will be determined by adding the G.V.W.R. of the power unit and the total weight of the towed unit and any load thereon;
31. (31) “Gross vehicle weight rating (G.V.W.R.)” means the value specified by the manufacturer as the maximum loaded weight of a single vehicle. In the absence of a value specified by the manufacturer, the G.V.W.R. will be determined by the actual gross weight;
32. (32) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73;
33. (33) “Highway” means the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, trailer park or apartment house complex or any other premises frequented by the public at large;
34. (34) “Lawful permanent resident” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed;
35. (35) “Learner's permit” means a special permit that is issued allowing minors fifteen (15) years of age to drive automobiles when accompanied by a licensed parent, guardian, or certified driving instructor;
36. (36) “Low speed vehicle” means any four-wheeled electric vehicle whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. Low speed vehicles must comply with the safety standards in 49 CFR 571.500;
37. (37) “Medium speed vehicle” means any four-wheeled electric vehicle whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to § 55-8-191(b)(1), including neighborhood vehicles. Medium speed vehicles must meet or exceed the federal safety standards set forth in 49 CFR 571.500, except as otherwise provided in § 55-4-136;
38. (38) [Deleted by 2023 amendment.]
39. (39) “Motor vehicle” means a vehicle, low speed vehicle or medium speed vehicle as defined in this section, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail;
40. (40) “Motorcycle” means “motorcycle” as defined in § 55-8-101;
41. (41) “Motorcycle learner's permit” means a special permit that is issued allowing minors fifteen (15) years of age to drive motorcycles after successfully passing the motorcycle operator's license examination or when enrolled in a certified motorcycle rider education program;
42. (42) “Motorized bicycle” means “motorized bicycle” as defined in § 55-8-101;
43. (43) “Motorscooter” has the same meaning as defined in § 55-8-101;
44. (44) “Nonresident” means every person who is not a resident of the state;
45. (45) “Operator” means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
46. (46) “Owner” means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter;
47. (47) “Person” means every natural person, firm, copartnership, association or corporation;
48. (48) “Recreational vehicle” means every motor vehicle primarily designed as temporary living quarters for recreational camping or travel, as defined in ANSI Standards A119.2 and A119.5. The basic entities are: travel trailer, camping trailer, truck camper, motor home and park trailer;
49. (49) “Resident” means every person that lives in this state for a period of time exceeding thirty (30) days, has taken employment, or who would qualify as a registered voter, or has taken action to establish Tennessee as principal place of domicile;
50. (50) “Revocation of driver license” means the termination by formal action of the department of a person's driver license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of at least one (1) year after the date of revocation;
51. (51) “School bus” means every motor vehicle operated for the transportation of children to or from school or school-related activities and is operated for compensation;
52. (52) “Secretary” means the secretary of transportation of the United States;
53. (53) “Serious traffic violation” means:
  1. (A) Excessive speeding, as defined by the secretary by regulation;
  2. (B) Reckless, careless or negligent driving, as defined under § 55-10-205;
  3. (C) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or personal injury to any person, or property damage;
  4. (D) Driving a commercial motor vehicle without obtaining a commercial driver license;
  5. (E) Driving a commercial motor vehicle without a commercial driver license in the driver's possession;
  6. (F) Driving a commercial motor vehicle without the proper class of commercial driver license and endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; or
  7. (G) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, that the secretary determines by regulation to be serious;
54. (54) “State” means:
  1. (A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia;
  2. (B) For all other purposes, a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands;
55. (55) “Suspension of driver license” means the temporary withdrawal by formal action of the department of a person's driver license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department, not to exceed six (6) months for any first offense, except as provided otherwise under law;
56. (56) “Temporary driver license” means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways for the individual's authorized period of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year;
57. (57) “United States” means the fifty (50) states and the District of Columbia;
58. (58) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks; and
59. (59) “Violation” means a conviction except as otherwise provided in § 55-50-504(g).

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§ 55-50-102. Chapter definitions. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

As used in this chapter, unless the context otherwise requires:
1. (1) “Administrator” means the federal motor carrier safety administrator, the chief executive of the federal motor carrier safety administration, an agency within the United States department of transportation;
2. (2) “Alcohol or alcoholic beverage” means:
  1. (A) Beer as defined in 26 U.S.C. § 5052(a), of the Internal Revenue Code of 1954;
  2. (B) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or
  3. (C) Distilled spirits as defined in 26 U.S.C. § 5002(a)(8);
3. (3) “Autocycle” means the same as defined in § 55-1-103;
4. (4) “Bus” means every motor vehicle designed for carrying more than fifteen (15) passengers including the driver and operated for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
5. (5) “Cancellation of driver license” means the annulment or termination by formal action of the department of a person's driver license because of some error or defect in the license or application or because the licensee is no longer entitled to that license;
6. (6) “Certified driving instructor” means any person who gives driver training or who offers a course in driver training, and who is certified as a certified driving instructor by the department;
7. (7) “Chauffeur” means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property;
8. (8) “Chief” means the chief of the highway patrol;
9. (9) “Commerce” means:
  1. (A) Trade, traffic, and transportation within the jurisdiction of the United States; between a place in a state and a place outside of the state, including a place outside the United States; and
  2. (B) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in subdivision (9)(A);
10. (10) “Commercial driver certificate” means a document issued by the department that authorizes a driver to operate a class of motor vehicle. The certificate shall be issued in accordance with the standards contained in 49 CFR Part 383. A commercial driver certificate shall be issued only to persons whose state of domicile is outside the state, and does not currently issue a commercial driver license in compliance with standards contained in 49 CFR Part 383. The commercial driver certificate shall be considered a valid commercial driver license only when used with the individual's driver license issued by the individual's state of domicile or country;
11. (11) “Commercial driver license” or “CDL” means a license issued by the department in accordance with the standards contained in 49 CFR Part 383 to an individual that authorizes the individual to operate a class of commercial motor vehicle. A commercial driver certificate accompanied by a valid driver license shall be considered a valid commercial driver license;
12. (12) “Commercial learner's permit” or “CLP” means a permit issued to an individual by the department that, when carried with a valid driver license issued by the department, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid;
13. (13)
  1. (A) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
    1. (i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds;
    2. (ii) Is designed to transport more than fifteen (15) passengers, including the driver; or
    3. (iii) Is of any size and is used in the transportation of hazardous materials, as defined in this section;
  2. (B) However, the following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this chapter:
    1. (i) Vehicles that are controlled and operated by a farmer or nursery worker that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier;
    2. (ii) Vehicles designed and used solely as emergency vehicles that are necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation. This exemption shall apply to vehicles operated by paid or nonpaid personnel;
    3. (iii) Vehicles operated for military purposes by active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians;
    4. (iv) Vehicles designed and used primarily as recreational vehicles as defined in this section; and
    5. (v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes;
14. (14) “Commissioner” means the commissioner of safety;
15. (15) “Controlled substance” means any substance so classified under § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I-V, of 21 CFR Part 1308, as they may be revised from time to time;
16. (16) “Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;
17. (17) “Department” means the department of safety acting directly or through its duly authorized officers and agents;
18. (18) “DHS Secretary” means the secretary of homeland security of the United States;
19. (19) “Domicile” means a person's fixed, permanent and principal home for legal purposes and to which the person has the intention of returning whenever the person is absent;
20. (20) “Driver” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
21. (21) “Driver license” means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways;
22. (22) “Driver licenses — Classes of” means:
  1. (A) Class A. This license shall be issued and valid for the operation of any combination of motor vehicles with a Gross Combination Weight Rating (GCWR) in excess of twenty-six thousand pounds (26,000 lbs.), provided the vehicle or vehicles being pulled have a Gross Vehicle Weight Rating (GVWR) in excess of ten thousand pounds (10,000 lbs.). Persons holding a valid Class A license may operate vehicles in Classes B, C and D, but not Class M vehicles, or vehicles that require a special endorsement unless the proper endorsement appears on the license;
  2. (B) Class B. This license shall be issued and valid for vehicles with a Gross Vehicle Weight Rating (GVWR) in excess of twenty-six thousand pounds (26,000 lbs.), or any such vehicle towing a vehicle not in excess of ten thousand pounds (10,000 lbs.) Gross Vehicle Weight Rating (GVWR). Persons holding a valid Class B license may operate vehicles in Classes C and D, but not vehicles in Classes A and M, or vehicles that require a special endorsement unless the proper endorsement appears on the license;
  3. (C) Class C. This license shall be issued and valid for the operation of any single vehicle with a Gross Vehicle Weight Rating (GVWR) of twenty-six thousand pounds (26,000 lbs.) or less Gross Vehicle Weight Rating (GVWR). This group applies to vehicles that are placarded for hazardous materials, designed to transport more than fifteen (15) passengers including the driver, or used as school buses. Persons holding a valid Class C license may operate vehicles in Class D but not in Classes A, B or M;
  4. (D) Class D. This license shall be issued and valid for the operation of any vehicle with a Gross Vehicle Weight Rating (GVWR) less than twenty-six thousand one pounds (26,001 lbs.), or any combination of vehicles with a Gross Combination Weight Rating (GCWR) less than twenty-six thousand one pounds (26,001 lbs.), except vehicles in Classes A, B, C or M or vehicles that require a special endorsement unless the proper endorsement appears on the license, and shall include autocycles;
  5. (E) Class H. The department may issue this class license to a minor between fourteen (14) and sixteen (16) years of age. This special class license shall be restricted to the operation of a passenger car or other similar vehicle under Class D, a “motor-driven cycle,” or a “motorized bicycle” as defined in § 55-8-101. This class license shall be known as a hardship license or motor driven cycle license previously issued under the authority of former § 55-7-104(g) and (h). The use of this license shall be valid for use in daylight hours only and for travel to authorized locations as specified on an attachment and by any other restriction deemed appropriate by the department and set forth in administrative rules and regulations;
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    55-50-323(a)(2)(M)
  6. (F) Class M. This license is valid for all motorcycles, including all motor-driven cycles. This license classification may be added to a license valid for any other class, or it may be issued as the only classification on a license if the applicant is not licensed for any other classification. A Class M-limited license may also be issued and is valid for all motor-driven cycles, including mopeds, but not for larger motorcycles;
  7. (G) Class P. This class license is issued as an instructional permit and shall be valid to permit the operator to drive a particular class of vehicle on an instructional basis only. A Class P license shall be issued only in conjunction with another class indicating the class of vehicle or vehicles that the operator is legally entitled to operate. The holder of a Class P license must be accompanied at all times by a parent, stepparent, guardian, or certified driving instructor who has been licensed in this state as a driver for the type or class of vehicle being used for at least one (1) year, who is at least twenty-one (21) years of age, and who is fit and capable of exercising physical control over the vehicle and who is occupying a seat beside the driver; provided, that the requirement does not apply to motorcycles;
    1. (i) Class P licenses will be issued to persons completing the appropriate application, paying the required fees, and successfully passing a vision and written examination for the appropriate class of license;
    2. (ii) Applicants for a Class P license must meet all requirements of the particular class license for which they are applying;
    3. (iii) Class P licenses will be issued for classes of vehicle or vehicles as follows:
      1. (a) Class P-A. This is an instructional permit issued for Class A vehicles;
      2. (b) Class P-B. This is an instructional permit issued for Class B vehicles;
      3. (c) Class P-C. This is an instructional permit issued for Class C vehicles;
      4. (d) Class P-D. This is an instructional permit issued for Class D vehicles; and
      5. (e) Class P-M. This is an instructional permit issued for Class M vehicles;
    4. (iv) Persons issued a Class H or hardship license, who are at least fifteen (15) years of age, shall be extended the privileges provided above for persons issued a Class P-D license, when all provisions above are met;
23. (23) “Driver license endorsements” means special authorizations required to be displayed on a driver license that permit the driver to operate certain types of motor vehicles or motor vehicles hauling certain types of cargo:
  1. (A) Multiple Trailer Endorsement. This endorsement is required on a Class A license to permit the licensee to operate a vehicle authorized to pull more than one (1) trailer in accordance with chapter 7 of this title;
  2. (B) Passenger Endorsement. This endorsement is required on a Class A, B, or C license to permit the licensee to operate a vehicle designed to transport more than fifteen (15) passengers, including the driver;
  3. (C) Cargo Tank Endorsement. This endorsement is required on a Class A or C license to permit the licensee to operate a vehicle that is designed to transport, as its primary cargo, any liquid or gaseous material within a tank attached to the vehicle, the tank having a designed capacity of one thousand gallons (1,000 gals.) or more;
  4. (D) Hazardous Material Endorsement. This endorsement is required on any class license if the driver is operating a vehicle transporting a hazardous material that is required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), and by rules and regulations of the United States department of transportation;
  5. (E) School Bus Endorsement. This endorsement is required on any class license to permit the licensee to operate any vehicle being used as a school bus; and
  6. (F) For-Hire Endorsement. This endorsement is required to permit a licensee to operate a Class D vehicle as a chauffeur. This subdivision (23)(F) does not apply to ambulance personnel;
24. (24) “Employee” means an operator of a commercial motor vehicle, including an owner-operator or other independent contractor while in the course of operating a commercial motor vehicle, who is employed by an employer;
25. (25) “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle;
26. (26) “Farm tractors” means every motor vehicle designated and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;
27. (27) “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;
28. (28) “FMCSA” means the federal motor carrier safety administration, an agency within the United States department of transportation;
29. (29) “Full legal name” means an individual's first name, middle name or names and last name or surname, without use of initials or nicknames;
30. (30) “Gross combination weight rating (G.C.W.R.)” means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, G.C.W.R. will be determined by adding the G.V.W.R. of the power unit and the total weight of the towed unit and any load thereon;
31. (31) “Gross vehicle weight rating (G.V.W.R.)” means the value specified by the manufacturer as the maximum loaded weight of a single vehicle. In the absence of a value specified by the manufacturer, the G.V.W.R. will be determined by the actual gross weight;
32. (32) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73;
33. (33) “Highway” means the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, trailer park or apartment house complex or any other premises frequented by the public at large;
34. (34) “Lawful permanent resident” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed;
35. (35) “Learner's permit” means a special permit that is issued allowing minors fifteen (15) years of age to drive automobiles when accompanied by a licensed parent, guardian, or certified driving instructor;
36. (36) “Low speed vehicle” means any four-wheeled electric vehicle whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. Low speed vehicles must comply with the safety standards in 49 CFR 571.500;
37. (37) “Medium speed vehicle” means any four-wheeled electric vehicle whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to § 55-8-191(b)(1), including neighborhood vehicles. Medium speed vehicles must meet or exceed the federal safety standards set forth in 49 CFR 571.500, except as otherwise provided in § 55-4-136;
38. (38) “Motor driven cycle” means “motor driven cycle” as defined in § 55-8-101;
39. (39) “Motor vehicle” means a vehicle, low speed vehicle or medium speed vehicle as defined in this section, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail;
40. (40) “Motorcycle” means “motorcycle” as defined in § 55-8-101;
41. (41) “Motorcycle learner's permit” means a special permit that is issued allowing minors fifteen (15) years of age to drive motorcycles after successfully passing the motorcycle operator's license examination or when enrolled in a certified motorcycle rider education program;
42. (42) “Motorized bicycle” means “motorized bicycle” as defined in § 55-8-101;
43. (43) “Motorscooter” means “motorscooter” as included in the definition of “motor-driven cycle” in § 55-8-101;
44. (44) “Nonresident” means every person who is not a resident of the state;
45. (45) “Operator” means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
46. (46) “Owner” means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter;
47. (47) “Person” means every natural person, firm, copartnership, association or corporation;
48. (48) “Recreational vehicle” means every motor vehicle primarily designed as temporary living quarters for recreational camping or travel, as defined in ANSI Standards A119.2 and A119.5. The basic entities are: travel trailer, camping trailer, truck camper, motor home and park trailer;
49. (49) “Resident” means every person that lives in this state for a period of time exceeding thirty (30) days, has taken employment, or who would qualify as a registered voter, or has taken action to establish Tennessee as principal place of domicile;
50. (50) “Revocation of driver license” means the termination by formal action of the department of a person's driver license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of at least one (1) year after the date of revocation;
51. (51) “School bus” means every motor vehicle operated for the transportation of children to or from school or school-related activities and is operated for compensation;
52. (52) “Secretary” means the secretary of transportation of the United States;
53. (53) “Serious traffic violation” means:
  1. (A) Excessive speeding, as defined by the secretary by regulation;
  2. (B) Reckless, careless or negligent driving, as defined under § 55-10-205;
  3. (C) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or personal injury to any person, or property damage;
  4. (D) Driving a commercial motor vehicle without obtaining a commercial driver license;
  5. (E) Driving a commercial motor vehicle without a commercial driver license in the driver's possession;
  6. (F) Driving a commercial motor vehicle without the proper class of commercial driver license and endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; or
  7. (G) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, that the secretary determines by regulation to be serious;
54. (54) “State” means:
  1. (A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia;
  2. (B) For all other purposes, a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands;
55. (55) “Suspension of driver license” means the temporary withdrawal by formal action of the department of a person's driver license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department, not to exceed six (6) months for any first offense, except as provided otherwise under law;
56. (56) “Temporary driver license” means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways for the individual's authorized period of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year;
57. (57) “United States” means the fifty (50) states and the District of Columbia;
58. (58) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks; and
59. (59) “Violation” means a conviction except as otherwise provided in § 55-50-504(g).

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Part 2 Administration by Department

§ 55-50-201. Administration by department.

This chapter shall be administered by the department of safety.

§ 55-50-202. Establishment of rules and regulations.

(a) The commissioner is authorized to establish administrative rules and regulations concerning the licensing of persons to operate motor vehicles, in this state, for the purpose of ensuring the safety and welfare of the traveling public. The commissioner is also authorized to adopt rules and regulations, exemptions and policies promulgated by the secretary. The commissioner is authorized to adopt the rules and regulations, exemptions and policies promulgated by the United States secretary of homeland security. The department is also authorized to utilize any verification process to comply with any rules and regulations, exemptions and policies promulgated by the United States secretary of homeland security.
(b) The commissioner is also authorized to promulgate rules and regulations to effectuate the purposes of chapter 819 of the Public Acts of 1990. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 55-50-203. Authority to enter agreements.

The department of safety may execute or make agreements, arrangements, or declarations to carry out this chapter with the licensing authorities of other states and the provinces or territories of Canada, and with third parties permitted in 49 CFR Part 383.

§ 55-50-204. Records to be kept by department — Fee for furnishing copies.

(a) The department of safety shall file every application for a license received by it and shall maintain suitable indicies containing in alphabetical order:
1. (1) All applications denied, and on each thereof note the reasons for the denial;
2. (2) All applications granted; and
3. (3) The name of every licensee whose license has been suspended or revoked by the department, and after each name note the reasons for this action.
(b) The department shall also file all accident reports, abstracts of court records of convictions and driver education or improvement course completion certification received by it under the laws of this state, and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which the licensee has been involved and the driver education or improvement courses the licensee has completed shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times.
(c)
1. (1) The department shall record and maintain as part of the driver history of persons holding or required to hold commercial driver licenses all convictions, disqualifications and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, in this state or any other state.
2. (2) The department shall make driver history information required by this subsection (c) available to the users designated in subdivision (c)(4) or to their authorized agent within ten (10) days of:
  1. (A) Receiving the conviction or disqualification information from another state; or,
  2. (B) The date of the conviction, if it occurred in the same state.
3. (3) The department shall retain on the driver history record all convictions, disqualifications and other licensing actions for violations for at least three (3) years or longer as required under 49 CFR 384.231(d).
4. (4) Only the following users or their authorized agents may receive the designated information:
  1. (A) States: All information on all driver records;
  2. (B) The secretary of transportation: All information on all driver records;
  3. (C) The driver: Only information related to that driver's record; and
  4. (D) A motor carrier or prospective motor carrier: After notification to a driver, all information related to that driver's or prospective driver's record.
(d)
1. (1) The department shall charge and collect a fee of five dollars ($5.00) for preparing and furnishing copies of the records. All fees so collected shall constitute expendable receipts of the department.
2. (2) The department shall not include the social security number of any person who has been issued a driver license in this state, including a commercial driver license, in copies of the records sold pursuant to this section.
3. (3) The department shall maintain information concerning the completion of a driver education or improvement course for administrative purposes or court use only. The department shall not include information concerning the completion of a driver education or improvement course in copies of records sold pursuant to this section.
(e) The department shall maintain a copy of all licenses as issued.
(f) This section is also applicable when the department issues a photo identification license, intermediate driver license, learner permit, temporary driver license, temporary learner permit, temporary intermediate driver license, or temporary photo identification license.

§ 55-50-205. Electronic transmittal of information to federal selective service system. [Enactment contingent on funding by the federal selective service system. See the Compiler's Notes.]

The department shall transmit, in an electronic format, necessary information contained on applications for an intermediate driver license, driver license, renewal of driver license or photo identification license to the federal selective service system for any male United States citizen or immigrant who is at least eighteen (18) years of age but less than twenty-six (26) years of age and is required to be registered pursuant to the Military Selective Service Act of 1967 (50 U.S.C. Appx. § 451 et seq.); provided, that the department shall not be required to transmit the information until the department has a sufficient computer operating system in place to efficiently effectuate the transmission.

Part 3 Application, Examination, and Issuance

§ 55-50-301. License required — Requirements — Exception — Applicability to temporary licenses and permits.

(a) Every person applying for an original or renewal driver license shall be required to comply with and be issued a classified driver license meeting the following requirements:
1. (1) No person, except those expressly exempted in this section, shall drive any motor vehicle upon a highway in this state unless the person has a valid driver license under this chapter for the type or class of vehicle being driven;
2. (2) No person, except those expressly exempted in this section, shall steer or, while within the passenger compartment of the vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless the person has a valid driver license under this chapter for the type or class of vehicle being towed;
3. (3) No person shall receive a driver license unless and until the person surrenders to the department all valid licenses in the person's possession, issued to that person by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned, together with information that the person is licensed in this state. No person shall be permitted to have more than one (1) valid driver license at any time; and
4. (4) Any person licensed as a driver may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipal or local board, or body having authority to adopt local police regulations.
(b) This section is applicable to the issuance of temporary driver licenses and permits.
(c) A Class M license shall not be required for the operation of an autocycle.

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§ 55-50-302. Classes of licenses — Endorsements — Applicability to temporary licenses and permits. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) The department, upon issuing a driver license, shall indicate thereon the class of vehicles the licensee may drive. Licenses shall be issued with the classifications and endorsements as defined in § 55-50-102.
(b) The department shall establish qualifications it believes reasonably necessary, in addition to the qualifications specified in this part, for the safe operation of the various types, sizes, or combinations of vehicles, and shall determine by appropriate examination whether each applicant is qualified for the license classification or endorsement for which application has been made.
(c) The department shall not issue a license in Class A, B, or C or any of the endorsements specified in subsection (a) other than a for-hire endorsement unless the applicant meets the following qualifications in addition to all other applicable qualifications:
1. (1)
  1. (A) The applicant must be at least twenty-one (21) years of age; provided, however, the department is authorized to issue interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age if such issuance is approved and authorized by the FMCSA and the department follows all FMCSA regulations regarding the issuance of interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age; or
  2. (B) Notwithstanding subdivision (c)(1)(A), an applicant who is at least eighteen (18) years of age is eligible for a Class A or B license if:
    1. (i) The applicant does not require a special endorsement;
    2. (ii) A commercial vehicle operated by the applicant will be operated solely within this state;
    3. (iii) The applicant has met all other requirements for a CDL under this chapter; and
    4. (iv) Issuing a Class A or B license to the applicant is not prohibited under 49 CFR Parts 383 and 391, or federal rules;
2. (2) The applicant must not currently be under a driver license suspension or revocation in this or any other state;
3. (3) The applicant must certify in the license application that all of the qualifications are met.
(d) The department shall not issue an initial school bus endorsement to any applicant unless:
1. (1)
  1. (A) The applicant is at least twenty-five (25) years of age; or
  2. (B) The applicant is at least twenty-three (23) years of age and:
    1. (i) An honorably discharged veteran of the United States armed forces;
    2. (ii) A member of the national guard or a reserve component of the United States armed forces; or
    3. (iii) A licensed teacher employed by an LEA;
2. (2) The applicant has had at least five (5) consecutive years of unrestricted driving experience prior to the date of application; and
3. (3) The department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed.
(e) An applicant for an initial school bus endorsement pursuant to subdivision (d)(1)(B) must submit to the department, as part of the application:
1. (1) A certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), if the applicant is an honorably discharged veteran of the United States armed forces; or
2. (2) A letter recommending the applicant to operate a school bus, from:
  1. (A) One (1) of the applicant's commanding officers, if the applicant is a member of the national guard or a reserve component of the United States armed forces; or
  2. (B) The director of schools of the LEA that employs the applicant, if the applicant is a licensed teacher.
(f) The department shall not issue a for-hire endorsement unless the applicant has had at least two (2) years of unrestricted driving experience prior to the date of application and the department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed, and the applicant is eighteen (18) years of age and will be operating a Class D vehicle. Nothing in this subsection (f) shall authorize anyone under nineteen (19) years of age to operate a commercial motor vehicle as defined in 49 CFR Part 390; provided, that the department is authorized to issue a for-hire endorsement to operate a Class D vehicle to an applicant who is at least sixteen (16) years of age and who is not currently under any driver license suspension, cancellation, or revocation in this or any other state, and the vehicle is owned by the applicant's family business to conduct deliveries of goods and products exclusively for family business.
(g) This section is applicable to the issuance of temporary driver licenses and permits.
(h)
1. (1) The department shall not issue or renew a hazardous materials endorsement unless a determination of no security threat has been issued in conformance with 49 CFR Part 1572.
2. (2) The department shall revoke a current hazardous materials endorsement upon receipt of an initial or final determination of security threat in accordance with 49 CFR Part 1572.
(i) An individual who holds a school bus (S) endorsement must attend annual training as required by the department in order to maintain the endorsement.

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§ 55-50-303. Persons not eligible for licensing — Exception for temporary licenses. [Effective on January 1, 2024. See the version effective until January 1, 2024.]

(a) The department shall not issue any license under this chapter:
1. (1)
  1. (A) To any person, as a Class A, B, or C driver, who is under twenty-one (21) years of age;
  2. (B)
    1. (i) Notwithstanding subdivision (a)(1)(A), persons nineteen (19) years of age shall be permitted to apply for a Class A or B license if no special endorsements are required, the commercial vehicle will be operated solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal, and there has been compliance with all other current provisions of 49 CFR Parts 383 and 391; and
    2. (ii) Notwithstanding subdivision (a)(1)(A), persons eighteen (18) years of age shall be permitted to apply for a Class B license if no special endorsements are required, the commercial vehicle will be operated solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal, and there has been compliance with all other current provisions of 49 CFR Parts 383 and 391;
2. (2) To any person whose license has been suspended, cancelled or revoked, during suspension, cancellation or revocation and not until the person has complied with all requirements for reinstatement;
3. (3) To any person who is an habitual drunkard, or is addicted to the use of narcotic drugs;
4. (4) To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
5. (5) To any person who is required by this chapter to take an examination, unless the person has successfully passed the examination;
6. (6) To any person when the commissioner has good cause to believe that the person by reason of physical or mental disabilities would not be able to operate a motor vehicle with safety upon the highways;
7. (7) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
8. (8) To any person who does not comply with § 49-6-3017; or
9. (9) To any person who is not a United States citizen or lawful permanent resident of the United States.
(b)
1. (1) Notwithstanding subsections (d) and (e), in addition to all other requirements of law, prior to reinstating the driving privileges and/or reissuing a driver license to any person who has been convicted of the offense of driving while under the influence, the department shall require certification that all fines and costs have been paid to the court of jurisdiction.The certification shall be made upon a form supplied by the department, and shall indicate the fines and costs levied by the court, that all fines and costs have been paid to the court, or that the fines and/or costs were waived as a result of the person being found to be indigent by the court, if the court is located within this state. The form shall be completed and certified by the clerk of the court of jurisdiction; provided, however, that it is the sole responsibility of the individual seeking reinstatement or reissuance to obtain the certification and present it to the department.
2. (2) Persons convicted of any other offense requiring mandatory revocation of driving privileges shall be required to present the same certification in subdivision (b)(1) prior to the reinstatement of driving privileges and/or the reissuance of a driver license.
  1 Backlink
  - 55-50-502(d)(2)
3. (3) Each certification form required by this section shall be accompanied by a three-dollar filing fee, payable to the department.
(c) Notwithstanding this section, the department may issue a temporary license, pursuant to § 55-50-331(g) and any other departmental rules and regulations promulgated by the department.
(d)
1. (1) A person whose license has been suspended, subject to the approval of the court, may pay any fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the clerk of the court to which the fines and costs are owed. The fines and costs for a conviction of driving while suspended may be included in such payment plan, subject to the approval of the court.
2. (2) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court to which the fines and costs are owed that the person has entered into a payment plan with the court clerk and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
3. (3) The department shall, upon notice of the person's failure to comply with any payment plan established pursuant to this subsection (d), suspend the license of the person. Persons who default under this subsection (d) shall not be eligible for any future payment plans under this subsection (d). The department shall notify the person in writing of the proposed suspension, and upon request of the person within thirty (30) days of the notification, shall provide the person an opportunity for a hearing to show that the person has, in fact, complied with the court clerk's payment plan. Failure to make the request within thirty (30) days of receipt of notification shall, without exception, constitute a waiver of the right.
(e)
1. (1) Any person whose license has been suspended for having been convicted of a driving offense, and for the subsequent failure to pay a fine or cost imposed for that offense, may apply to the court where the person was convicted for the issuance of a restricted license. The court shall order the person whose license has been suspended to enter into a payment plan with the court clerk and make payments to the court clerk during the period of restricted license, as a condition of receiving the restricted license, in an amount reasonably calculated to fully pay the moneys owed the court during the period of the restricted license, including authorization of payment of the fine by installments as authorized in § 40-24-101. The restricted license shall be valid only for the purpose of going to and from work at the person's regular place of employment.
2. (2) The judge shall order the issuance of a restricted license, based upon the records of the department of safety, if the department suspended the person's license as a result of the person's conviction of any driving offense in that court and for the person's failure to pay or secure any fine or costs imposed for that offense; provided, however, that the judge shall not order the issuance of a restricted license and the department shall not issue a restricted license to a person whose license is suspended pursuant to § 55-10-615.
3. (3) The order shall state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person so arrested may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a motor vehicle operator's license.
(f)
1. (1) The department shall not issue a new Tennessee-only license or reinstate a suspended or revoked Tennessee-only driver license on or after January 1, 2024.
2. (2) A valid Tennessee-only driver license issued on or before December 31, 2023, remains valid until its expiration, unless otherwise revoked or suspended under this title.
3. (3) To receive a Tennessee driver license that can be used to operate a motor vehicle outside of the state of Tennessee, a person who held a Tennessee-only license that is suspended, revoked, or expired shall meet all applicable driver license issuance requirements as set out in this chapter.

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§ 55-50-303. Persons not eligible for licensing — Exception for temporary licenses. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) The department shall not issue any license under this chapter:
1. (1)
  1. (A) To any person, as a Class A, B, or C driver, who is under twenty-one (21) years of age;
  2. (B)
    1. (i) Notwithstanding subdivision (a)(1)(A), persons nineteen (19) years of age shall be permitted to apply for a Class A or B license if no special endorsements are required, the commercial vehicle will be operated solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal, and there has been compliance with all other current provisions of 49 CFR Parts 383 and 391; and
    2. (ii) Notwithstanding subdivision (a)(1)(A), persons eighteen (18) years of age shall be permitted to apply for a Class B license if no special endorsements are required, the commercial vehicle will be operated solely in intrastate commerce, within one hundred (100) miles of the driver's place of employment or home terminal, and there has been compliance with all other current provisions of 49 CFR Parts 383 and 391;
2. (2) To any person whose license has been suspended, cancelled or revoked, during suspension, cancellation or revocation and not until the person has complied with all requirements for reinstatement;
3. (3) To any person who is an habitual drunkard, or is addicted to the use of narcotic drugs;
4. (4) To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
5. (5) To any person who is required by this chapter to take an examination, unless the person has successfully passed the examination;
6. (6) To any person when the commissioner has good cause to believe that the person by reason of physical or mental disabilities would not be able to operate a motor vehicle with safety upon the highways;
7. (7) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
8. (8) To any person who does not comply with § 49-6-3017; or
9. (9) To any person who is not a United States citizen or lawful permanent resident of the United States.
(b)
1. (1) Notwithstanding subsections (d) and (e), in addition to all other requirements of law, prior to reinstating the driving privileges and/or reissuing a driver license to any person who has been convicted of the offense of driving while under the influence, the department shall require certification that all fines and costs have been paid to the court of jurisdiction.The certification shall be made upon a form supplied by the department, and shall indicate the fines and costs levied by the court, that all fines and costs have been paid to the court, or that the fines and/or costs were waived as a result of the person being found to be indigent by the court, if the court is located within this state. The form shall be completed and certified by the clerk of the court of jurisdiction; provided, however, that it is the sole responsibility of the individual seeking reinstatement or reissuance to obtain the certification and present it to the department.
2. (2) Persons convicted of any other offense requiring mandatory revocation of driving privileges shall be required to present the same certification in subdivision (b)(1) prior to the reinstatement of driving privileges and/or the reissuance of a driver license.
  1 Backlink
  - 55-50-502(d)(2)
3. (3) Each certification form required by this section shall be accompanied by a three-dollar filing fee, payable to the department.
(c) Notwithstanding this section, the department may issue a temporary license, pursuant to § 55-50-331(g) and any other departmental rules and regulations promulgated by the department.
(d)
1. (1) A person whose license has been suspended, subject to the approval of the court, may pay any fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the clerk of the court to which the fines and costs are owed. The fines and costs for a conviction of driving while suspended may be included in such payment plan, subject to the approval of the court.
2. (2) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court to which the fines and costs are owed that the person has entered into a payment plan with the court clerk and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
3. (3) The department shall, upon notice of the person's failure to comply with any payment plan established pursuant to this subsection (d), suspend the license of the person. Persons who default under this subsection (d) shall not be eligible for any future payment plans under this subsection (d). The department shall notify the person in writing of the proposed suspension, and upon request of the person within thirty (30) days of the notification, shall provide the person an opportunity for a hearing to show that the person has, in fact, complied with the court clerk's payment plan. Failure to make the request within thirty (30) days of receipt of notification shall, without exception, constitute a waiver of the right.
(e)
1. (1) Any person whose license has been suspended for having been convicted of a driving offense, and for the subsequent failure to pay a fine or cost imposed for that offense, may apply to the court where the person was convicted for the issuance of a restricted license. The court shall order the person whose license has been suspended to enter into a payment plan with the court clerk and make payments to the court clerk during the period of restricted license, as a condition of receiving the restricted license, in an amount reasonably calculated to fully pay the moneys owed the court during the period of the restricted license, including authorization of payment of the fine by installments as authorized in § 40-24-101. The restricted license shall be valid only for the purpose of going to and from work at the person's regular place of employment.
2. (2) The judge shall order the issuance of a restricted license, based upon the records of the department of safety, if the department suspended the person's license as a result of the person's conviction of any driving offense in that court and for the person's failure to pay or secure any fine or costs imposed for that offense; provided, however, that the judge shall not order the issuance of a restricted license and the department shall not issue a restricted license to a person whose license is suspended pursuant to § 55-10-615.
3. (3) The order shall state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person so arrested may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a motor vehicle operator's license.

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§ 55-50-304. Persons exempt from licensing.

The following persons are exempt from licensing under this chapter:
1. (1)
  1. (A) Any member of the armed forces while operating a motor vehicle owned or leased by any branch of the armed services of the United States;
  2. (B) Any individual who is operating a CMV for military purposes, including active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians;
2. (2) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway;
3. (3) A nonresident who is at least sixteen (16) years of age and who has in immediate possession a valid driver license issued to the person in the person's home state or country may operate a motor vehicle in this state only as a Class D driver;
4. (4) A nonresident who is at least twenty-one (21) years of age and who has in immediate possession a valid license equivalent to a Tennessee class license issued to the person in the person's home state or country may operate a motor vehicle of a comparable class in this state;
5. (5)
  1. (A) A nonresident, who establishes residency in this state, may operate a motor vehicle in the state for a period not to exceed thirty (30) days from the date of establishing the residency; provided, that the nonresident has in the nonresident's immediate possession a valid driver license issued by another state, or country; and
  2. (B) In order to facilitate the growth of international commerce in Tennessee, an individual who is not a citizen of the United States and who is employed in a managerial or technical position in this state may, in connection with employment, operate a motor vehicle in this state for a period up to six (6) months under a valid driver license issued by another state, country or international body;
6. (6) A student who is pursuing an approved driver training course in a public school or a private secondary school approved by the commissioner of education or by a recognized regional or national accrediting agency, or in a duly licensed commercial driver training school. This exemption applies only to the operation of a motor vehicle bearing school driver training identification and only while an instructor, certified and registered by the department of education or licensed by the department of safety as a driver instructor, accompanies the student;
7. (7)
  1. (A) Any active member of the armed forces assigned to a military installation or base located within this state, and the member's spouse, who have in their immediate possession a valid driver license issued to them in their home state or country; provided, that this exemption only applies if the member of the armed forces has not established Tennessee as the member's domicile;
  2. (B) For purposes of this exemption, domicile may be inferred if the person has registered to vote in Tennessee, or was required to pay the wheel tax when registering a motor vehicle in Tennessee, has listed Tennessee as the person's state for tax purposes on the person's military leave and earnings statement (LES), or has taken action that clearly indicates the person's intent to permanently reside in Tennessee. Purchasing a home or registering a motor vehicle without being required to pay the wheel tax in Tennessee, does not alone, or in conjunction with each other, establish intent to declare Tennessee as the person's domicile. The domicile of the spouse shall be deemed to be the same as that of the active duty service member for purposes of this subdivision (7)(B). Domicile may not be inferred if the basis for the determination, without considering other relevant factors, is that the member of the armed forces or the member's spouse has obtained employment in this state or that the member or the member's spouse is enrolled in the public schools of this state; and
8. (8) An ADS or an ADS-operated vehicle, as defined by § 55-30-102, or a person operating an ADS-operated vehicle with the ADS engaged.

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55-10-307(a)

§ 55-50-305. Validity of current licenses.

For any person holding a currently valid operator, regular chauffeur, or special chauffeur license on July 1, 1989, the license shall remain valid until expiration, suspension, revocation, or cancellation.

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55-10-307(a)

§ 55-50-306. Electronic driver license system.

(a) The department of safety is authorized to develop a secure and uniform system, to be known as the “electronic driver license system,” for authorizing persons to present or submit evidence of a valid driver license in an optional electronic format in lieu of a physical driver license. An acceptable electronic format includes display of electronic images on a cellular telephone or any other type of portable electronic device. The department may contract with one (1) or more entities to develop the electronic driver license system. The department or entity may develop a mobile software application capable of being utilized through a person's electronic device to access an electronic image of the person's driver license.
(b) The department may accept donations and grants from any source to pay the expenses the department incurs in the development of the electronic driver license system.
(c) The department may take reasonable measures to publicize the electronic driver license system to potential participants.
(d) The department shall not charge a fee to participate in the electronic driver license system.
(e) In lieu of a physical driver license, a person who participates in the system may present or submit evidence of possession of a valid driver license in an electronic format, which shall be accepted as such evidence for identification and other purposes, including upon the request of a law enforcement officer or a seller of alcoholic beverages. The electronic driver license system shall allow law enforcement officers to verify the authenticity of the driver license. If a person displays the evidence in an electronic format pursuant to this subsection (e), the person is not consenting for a law enforcement officer to access any other contents of the electronic device.
(f) The department shall disable, suspend, or terminate a person's participation in the electronic driver license system if:
1. (1) The physical driver license issued to the participant has been cancelled, revoked, or suspended as provided in this chapter; or
2. (2) The participant reports that the participant's electronic device has been lost or stolen.

§ 55-50-307. Acquired brain injury, intellectual disability, or developmental disability designation for driver's license or photo identification license.

(a) Upon request by a person who has an acquired brain injury, an intellectual disability, or a developmental disability, or by a parent or guardian of a minor, or a conservator of a person with the injury or disability, when the department issues or renews a driver license or photo identification license to the person, the driver license or photo identification license shall have language or a symbol designed by the department, that indicates the person has an acquired brain injury, an intellectual disability, or a developmental disability. The language or symbol shall be displayed clearly on the license.
(b) A person who elects to have language or a symbol indicating an acquired brain injury, an intellectual disability, or a developmental disability on the person's license at the time of issuance, renewal, or reissue shall pay the required license fee, check a box on the application stating the person has an acquired brain injury, an intellectual disability, or a developmental disability, and provide proof of a diagnosis by a licensed medical doctor, psychiatrist, psychologist or senior psychological examiner, or neurologist of the acquired brain injury, intellectual disability, or developmental disability.
(c) A person who elects to have the acquired brain injury, intellectual disability, or developmental disability designation added to the person's license may opt out of participation at any time. If a change is sought outside the normal renewal schedule, the person shall bear the associated costs, consistent with established fees applicable to reissuance of licenses.
(d) For purposes of this section:
1. (1) “Acquired brain injury” means an alteration in brain function or other evidence of brain pathology; and
2. (2) “Developmental disability” and “intellectual disability” have the same meanings as defined in § 33-1-101.

§ 55-50-308 — 55-50-310. [Reserved.]

§ 55-50-311. Learner permit — Intermediate license — Fees — Restrictions — Penalties — Application — Parental notification.

(a)
1. (1) Any person who is fifteen (15) years of age or older, who has successfully passed the standard written test and visual examination for applicants of a state automotive license, and who has the written approval of the person's parent or legal guardian may be issued a learner permit by the department of safety. A learner permit shall allow the person to operate a motor vehicle whenever the person is accompanied by a person who is at least twenty-one (21) years of age and is licensed to operate a motor vehicle. A person with a learner permit shall not operate a motor vehicle from ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.).
2. (2) In addition to any other fees authorized by this chapter for the issuance of a learner permit, any person issued a learner permit under this section shall pay a five-dollar learner permit fee.
(b)
1. (1) A person may be issued an intermediate driver license if the person is sixteen (16) years of age or older and has:
  1. (A) Passed a driver license examination pursuant to § 55-50-322;
  2. (B) Had a learner permit pursuant to subsection (a), or its equivalent from another state, for not less than one hundred eighty (180) days;
  3. (C) Not accumulated six (6) or more points pursuant to the driver improvement program established in § 55-50-505 during the one-hundred-eighty day period immediately preceding application;
  4. (D) Presented certification by a parent, legal guardian or licensed instructor that the person has accumulated a minimum of fifty (50) hours of behind-the-wheel driving experience, including a minimum of ten (10) hours driving experience at night; and
  5. (E) Successfully demonstrated the person's ability to exercise ordinary and reasonable control in the operation of an automobile.
2. (2) Notwithstanding subdivision (b)(1), a person may be issued an intermediate driver license if the person is sixteen (16) years of age or older and has been licensed to drive in another state for at least ninety (90) days.
3. (3) In addition to any other fees authorized by this chapter for the issuance of an intermediate driver license, any person issued an intermediate driver license under this section shall pay a five-dollar intermediate driver license fee.
(c)
1. (1) The intermediate driver license issued pursuant to this section shall be a regular Class D license; provided, that the word “INTERMEDIATE” is prominently printed thereon.
2. (2) Except as otherwise provided by this section, a driver may apply for an unrestricted driver license one (1) year after receiving an intermediate driver license. All restrictions on vehicle operation pursuant to subsection (e) shall remain in full effect until the time successful application is made to the department for an unrestricted driver license. Upon successful application, the department shall have in place a procedure noting that the intermediate restrictions have been removed.
3. (3) Upon attaining eighteen (18) years of age, any licensee may obtain a license without the word “INTERMEDIATE” as required in subdivision (c)(1) by paying the fee for a duplicate license. However, no person shall be required to obtain the duplicate license, until the license expires.
(d) The department shall promulgate certificates to be completed by a driver with a valid unrestricted driver license pursuant to subdivision (b)(1)(D). For the purposes of issuing an intermediate driver license, the department shall only accept certificates promulgated by the department for this purpose.
(e)
1. (1) A person issued an intermediate driver license shall not operate a motor vehicle from eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.) unless:
  1. (A) Accompanied by a parent or legal guardian;
  2. (B) Accompanied by a licensed driver twenty-one (21) years of age or older, designated by the parent or legal guardian;
  3. (C) Driving to or from scheduled specifically-identified school-sponsored activities and events, if the driver has in the driver's possession written permission from the driver's parent or legal guardian authorizing the driver to go to or from the specifically-identified scheduled school-sponsored activities and events;
  4. (D) Driving to or from full, or part-time employment, if the driver possesses written permission from the driver's parent or legal guardian identifying the location of employment and authorizing the driver to go to or from the employment; or
  5. (E) Driving to or from hunting or fishing between the hours of four o'clock a.m. (4:00 a.m.) and six o'clock a.m. (6:00 a.m.) and in possession of a valid hunting or fishing license.
2. (2) In addition to subdivision (e)(1), a person issued an intermediate driver license shall not operate a motor vehicle with more than one (1) passenger in the motor vehicle unless:
  1. (A) One (1) or more of the passengers are twenty-one (21) years of age or older and possess a valid unrestricted driver license; or
  2. (B) The additional passengers are brothers, sisters, stepbrothers or stepsisters of the driver, including adopted or foster children residing in the same household of the driver, and the driver has in the driver's possession a letter from the driver's parent or legal guardian authorizing the passengers to be in the motor vehicle for the sole purpose of going to or from school.
(f)
1. (1) If the driver accumulates six (6) or more points pursuant to the driver improvement program established in § 55-50-505 after the issuance of an intermediate driver license, the driver shall be ineligible to apply for an unrestricted driver license for an additional ninety (90) days from the time the driver would otherwise be eligible to obtain the license.
2. (2)
  1. (A) Upon receipt of a motor vehicle accident report in which a person with an intermediate driver license is determined to have contributed to the occurrence of an accident, or a second safety belt violation pursuant to § 55-9-603, the driver shall be ineligible to apply for an unrestricted driver license for an additional period of ninety (90) days from the time the driver would otherwise be eligible to obtain the license.
  2. (B) If the department receives notification of such conviction after successful application for an unrestricted driver license has been made, the department has the authority to suspend the license for ninety (90) days and may reissue the driver an intermediate driver license for this period.
3. (3) Upon a second conviction for a moving violation, a person shall complete a certified driver education course before the person is eligible to obtain an unrestricted driver license.
(g) In addition to any other penalty, a fine of ten dollars ($10.00) shall be imposed upon conviction for a violation of this section.
(h) Any driver who has a forged or fraudulent letter or other written statement of approval shall be in violation of this chapter and shall, upon conviction, have the driver's intermediate driver license revoked and be issued a learner permit until the driver reaches eighteen (18) years of age. Upon reaching eighteen (18) years of age, the driver may apply for an unrestricted license if the driver meets all of the other requirements of this chapter.
(i)
1. (1) This section shall not apply to any person under eighteen (18) years of age who has graduated from high school. A person under eighteen (18) years of age who has graduated from high school may, if the person otherwise meets the requirements of this chapter, obtain an unrestricted license.
2. (2) This section shall not apply to any person eighteen (18) years of age or older. A person eighteen (18) years of age or older may, if the person otherwise meets the requirements of this chapter, obtain an unrestricted license.
(j) The court in which a conviction is entered for a moving violation or a second safety belt violation pursuant to § 55-9-603 shall send notification of the conviction to the designated parent or legal guardian of a person with a learner permit or intermediate driver license.
(k) The intermediate driver license issued to a person shall be of the same type issued to all qualified drivers within this state and shall be valid for a similar number of years; provided, that the word “INTERMEDIATE” shall be prominently printed on the front thereof. The commissioner shall determine the appropriate placement and size of the “INTERMEDIATE” restriction.
(l) The commissioner shall, upon receiving an accident report of an accident occurring in this state that has resulted in death, and upon determining that an operator has either contributed to the occurrence of an accident or that there has been an adjudication against or a conviction against an operator who has an intermediate driver license, revoke the license of the operator and shall issue to the operator a learner permit. The operator shall retain a learner permit until the operator reaches eighteen (18) years of age. Upon reaching eighteen (18) years of age, a driver can apply for an unrestricted driver license.
(m) Any driver who, upon conviction of possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), while operating a motor vehicle in this state shall be in violation of this chapter and shall have the driver's intermediate license revoked and shall be issued a learner permit until the driver reaches eighteen (18) years of age. Upon reaching eighteen (18) years of age, the driver may apply for an unrestricted license, if the driver meets all of the other requirements of this chapter. For the purposes of this section, a motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
(n)
1. (1) No driver possessing a learner permit or intermediate driver license pursuant to this section shall operate a motor vehicle in motion on any highway while using a hand-held cellular telephone, cellular car telephone, or other mobile telephone.
2. (2) A violation of this subsection (n) is a Class C misdemeanor, punishable only as follows:
  1. (A) A fine of fifty dollars ($50.00); and
  2. (B) The driver shall be ineligible to apply for an intermediate or unrestricted driver license for an additional ninety (90) days from the time the driver would otherwise be eligible to obtain the license type.
3. (3) It is an affirmative defense to prosecution under this subsection (n), which must be proven by a preponderance of the evidence, that the driver's use of a hand-held cellular or cellular car telephone was necessitated by a bona fide emergency. The use of a mobile phone while operating a vehicle by any driver who is eighteen (18) years of age or less to communicate with the person's custodial parents shall be deemed a bona fide emergency and shall not be a violation of this subsection (n).

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55-10-307(a)

§ 55-50-312. Licensing of minors. [Effective on July 1, 2024. See the version effective until January 1, 2024 and the version effective until July 1, 2024.]

(a)
1. (1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships.
2. (2) As used in subdivision (a)(1), “stepfather,” “stepmother,” or “stepparent” means only that stepparent residing in the same household with the minor seeking the license.
3. (3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement.
(b) Any negligence or willful misconduct or violation of any motor vehicle law of this state or any municipality thereof by a minor under eighteen (18) years of age when driving a motor vehicle upon a highway or street shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages or fines occasioned by the negligence, willful misconduct, or violation, except as otherwise provided in subsection (c).
(c) In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of the minor when signed by the spouse over eighteen (18) years of age, or one (1) parent, stepparent, grandparent or guardian of the minor, and while proof is maintained the spouse, parent, stepparent, grandparent or the guardian shall not be subject to the liability imposed under subsection (b).
(d) Any person who has signed the application of a minor for a license may thereafter file with the department a notarized written request that the license of the minor so granted be cancelled. Thereupon, the department shall cancel the license of the minor, and upon cancellation by the department, the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.
(e) The department may issue to a minor who is at least fifteen (15) years of age a special restricted license or permit to operate a motorscooter or a motorized bicycle as defined in § 55-8-101, upon compliance by the minor or persons acting in the minor's behalf with all of the other provisions of this chapter; provided, that the actual demonstration of ability to exercise ordinary and reasonable control, as provided in §§ 55-50-321 — 55-50-324, 55-50-331 — 55-50-338 and 55-50-352, is made on a motorscooter or a motorized bicycle; and provided further, that the license or permit issued in accordance with this section shall show upon its face a restriction to the use of a motorscooter or a motorized bicycle only, and any other restrictions that the department, upon good cause, deems necessary.
(f)
1. (1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner.
2. (2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires.
(g) The falsification of any information submitted under this section, either by the applicant or by the person signing any affidavit required under this section, shall result in the suspension of the license of the applicant and the license of the person signing the affidavit.
(h) A person under eighteen (18) years of age in custody of the department of children's services shall not be charged a fee for issuance, renewal, or reinstatement of a driver license, instruction permit, intermediate driver license, or photo identification card. The application must be accompanied by evidence that the person is in such custody.

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55-10-307(a)

§ 55-50-312. Licensing of minors. [Effective until January 1, 2024. See the version effective on January 1, 2024 and the version effective on July 1, 2024.]

(a)
1. (1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships.
2. (2) As used in subdivision (a)(1), “stepfather,” “stepmother,” or “stepparent” means only that stepparent residing in the same household with the minor seeking the license.
3. (3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement.
(b) Any negligence or willful misconduct or violation of any motor vehicle law of this state or any municipality thereof by a minor under eighteen (18) years of age when driving a motor vehicle upon a highway or street shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages or fines occasioned by the negligence, willful misconduct, or violation, except as otherwise provided in subsection (c).
(c) In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of the minor when signed by the spouse over eighteen (18) years of age, or one (1) parent, stepparent, grandparent or guardian of the minor, and while proof is maintained the spouse, parent, stepparent, grandparent or the guardian shall not be subject to the liability imposed under subsection (b).
(d) Any person who has signed the application of a minor for a license may thereafter file with the department a notarized written request that the license of the minor so granted be cancelled. Thereupon, the department shall cancel the license of the minor, and upon cancellation by the department, the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.
(e) The department may issue to a minor who is at least fifteen (15) years of age a special restricted license or permit to operate a motor-driven cycle or a motorized bicycle as defined in § 55-8-101, upon compliance by the minor or persons acting in the minor's behalf with all of the other provisions of this chapter; provided, that the actual demonstration of ability to exercise ordinary and reasonable control, as provided in §§ 55-50-321 — 55-50-324, 55-50-331 — 55-50-338 and 55-50-352, is made on a motor-driven cycle or a motorized bicycle; and provided further, that the license or permit issued in accordance with this section shall show upon its face a restriction to the use of a motor-driven cycle or a motorized bicycle only, and any other restrictions that the department, upon good cause, deems necessary.
(f)
1. (1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner.
2. (2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires.
(g) The falsification of any information submitted under this section, either by the applicant or by the person signing any affidavit required under this section, shall result in the suspension of the license of the applicant and the license of the person signing the affidavit.

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55-10-307(a)

§ 55-50-312. Licensing of minors. [Effective from January 1, 2024 until July 1, 2024. See the version effective until January 1, 2024 and the version effective on July 1, 2024.]

(a)
1. (1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships.
2. (2) As used in subdivision (a)(1), “stepfather,” “stepmother,” or “stepparent” means only that stepparent residing in the same household with the minor seeking the license.
3. (3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement.
(b) Any negligence or willful misconduct or violation of any motor vehicle law of this state or any municipality thereof by a minor under eighteen (18) years of age when driving a motor vehicle upon a highway or street shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages or fines occasioned by the negligence, willful misconduct, or violation, except as otherwise provided in subsection (c).
(c) In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of the minor when signed by the spouse over eighteen (18) years of age, or one (1) parent, stepparent, grandparent or guardian of the minor, and while proof is maintained the spouse, parent, stepparent, grandparent or the guardian shall not be subject to the liability imposed under subsection (b).
(d) Any person who has signed the application of a minor for a license may thereafter file with the department a notarized written request that the license of the minor so granted be cancelled. Thereupon, the department shall cancel the license of the minor, and upon cancellation by the department, the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.
(e) The department may issue to a minor who is at least fifteen (15) years of age a special restricted license or permit to operate a motor-driven cycle or a motorized bicycle as defined in § 55-8-101, upon compliance by the minor or persons acting in the minor's behalf with all of the other provisions of this chapter; provided, that the actual demonstration of ability to exercise ordinary and reasonable control, as provided in §§ 55-50-321 — 55-50-324, 55-50-331 — 55-50-338 and 55-50-352, is made on a motor-driven cycle or a motorized bicycle; and provided further, that the license or permit issued in accordance with this section shall show upon its face a restriction to the use of a motor-driven cycle or a motorized bicycle only, and any other restrictions that the department, upon good cause, deems necessary.
(f)
1. (1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner.
2. (2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires.
(g) The falsification of any information submitted under this section, either by the applicant or by the person signing any affidavit required under this section, shall result in the suspension of the license of the applicant and the license of the person signing the affidavit.
(h) A person under eighteen (18) years of age in custody of the department of children's services shall not be charged a fee for issuance, renewal, or reinstatement of a driver license, instruction permit, intermediate driver license, or photo identification card. The application must be accompanied by evidence that the person is in such custody.

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55-10-307(a)

§ 55-50-313. Motorcycle learner's permit for minors — Operation requirements. [Effective on January 1, 2024.]

Notwithstanding another law to the contrary, a minor who has been issued a motorcycle learner's permit and who has completed a certified motorcycle education course approved by the department may operate a motorcycle without limitations on the distance from the minor's home if the minor is accompanied by, and under the direct supervision of, a parent or legal guardian who is also operating a motorcycle and who holds a valid Class M license.

§ 55-50-314 — 55-50-320. [Reserved.]

§ 55-50-321. Applications. [Amendment contingent on funding by the federal selective service system. See the Compiler's Notes.]

(a)
1. (1) Every application for a driver license, instruction permit, intermediate driver license, and photo identification card shall be made upon a form furnished by the department. Every application shall be accompanied by a birth certificate or other proof of the applicant's date of birth that is satisfactory to the driver license examiner and by a nonrefundable fee of two dollars ($2.00), which shall constitute expendable receipts of the department. The application shall also be accompanied by proof of Tennessee residency acceptable to the department.
2. (2) The application fee required under subdivision (a)(1) is not required in the case of applications for restricted driver licenses under § 40-24-105(b).
(b) The driver license examiner is authorized and required to obtain positive proof of age and identification of any person taking an examination for a driver license. The applicant shall make certification on the application as to the applicant's age and identification, and, in addition, shall submit to the driver license examiner other documentation meeting the criteria established by rules promulgated by the commissioner as proof of age and identification, or present to the driver license examiner one (1) person who possesses a valid driver license issued in this state who shall attest, in writing, under oath, that the applicant has truthfully identified the applicant in the applicant's affidavit. For applicants under eighteen (18) years of age, the oath may be administered to, and the affidavit attested and signed by, a parent or legal guardian of the applicant, if the parent or legal guardian possesses a valid driver license issued in this state. The driver license examiners are empowered and authorized to administer oaths to applicants and attesting witnesses and to take affidavits.
(c)
1. (1)
  1. (A) Every application shall state the full name, date and place of birth, sex, county of residence, residence address, including the street address and number or route and box number, or post office box number if the applicant has no bona fide residential street address, of applicant, height, weight, hair and eye color, social security number, if the applicant has been issued a social security number, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal, and other information as the department may require to determine the applicant's identity, competency, and eligibility. The information regarding the applicant's social security number shall be maintained in the records of the department of safety for use as required by any state or federal law relative to child support establishment or enforcement or for other purposes as may be required by law. If the department allows the use of a number other than the social security number on the face of the license, and the social security number obtained on the application is kept on file with the department, the department shall so advise the applicant. Any applicant for a Tennessee driver license who desires the assistance of an interpreter in order to make application for a license and complete the required application shall be responsible for procuring this assistance; provided, that nothing contained within this part shall be construed or implemented in any manner that violates the Americans With Disabilities Act (42 U.S.C. § 12101 et seq.).
  2. (B) Any applicant who does not have, or who states that the applicant has never been issued, a social security number required by subdivision (c)(1)(A) shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number.
  3. (C) Any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, shall provide either an original or certified copy of one of the following:
    1. (i) Documentation that the applicant is a citizen of the United States; or
    2. (ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident.
  4. (D) Any applicant who has received an initial issuance of a driver license since January 1, 2001, shall provide documentation as required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) upon the first renewal date of the license.
  5. (E) Any applicant applying for reinstatement on or after July 1, 2012, for which the department has the documents required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) on file, shall be deemed in compliance with subdivision (c)(1)(C) unless otherwise required by law.
2. (2) For applicants under eighteen (18) years of age, the application shall be accompanied by documentation of compliance with § 49-6-3017. No first-time applicant who is eighteen (18) years of age or younger suspended pursuant to § 55-50-502(a)(1)(J), shall be assessed a reinstatement fee by the department.
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  - 55-50-339
(d) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance.
(e) Section 55-50-602 is applicable to any person who knowingly makes false or fraudulent certification as to the person's identification, date of birth, or driving privileges when making application for a driver license or photo identification license. The false attestation, knowingly made, is also punishable by suspension of the driver license of the person for two (2) years. The person shall be entitled to the rights and remedies established by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for contested case hearings.
(f) [Effective December 1, 2002, if contingency met. See the Compiler's Notes.] Every application form for an intermediate driver license, driver license, renewal of driver license or photo identification license shall contain the following language printed clearly thereon: “By submitting this application, I am consenting to registration with the Selective Service System, if so required by Federal Law.”
(g) The department shall not accept matricula consular cards as proof of identification for driver license application and issuance purposes.
(h) Any applicant applying for a temporary driver license, temporary learner permit, temporary intermediate driver license or temporary photo identification license, upon initial issuance, renewal and reinstatement, shall provide proof acceptable to the department relative to the applicant's identity, Tennessee residency, and authorized period of stay in the United States.
(i)
1. (1) Any person presenting a driver license from a state that issues driver licenses to illegal aliens for the purposes of obtaining a Tennessee driver license shall be required to establish proof of United States citizenship, lawful permanent resident status, or, in the case of a temporary driver license, a specified period of authorized stay in the United States.
2. (2) The department is authorized to promulgate rules necessary to effectuate this subsection (i) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is also authorized to utilize any process to comply with any rules and regulations, exemptions, and policies promulgated by the United States secretary of homeland security or other state or federal agency.

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55-50-312(e)

§ 55-50-322. Examination of applicants.

(a)
1. (1)
  1. (A) The department shall examine every applicant for a driver license, intermediate driver license, learner permit, temporary driver license, temporary learner permit, and temporary intermediate driver license, except as otherwise provided in this part. This examination shall include a test of the applicant's eyesight to be administered according to standards set by the department, the applicant's ability to read and/or understand highway signs regulating, warning and directing traffic, the applicant's knowledge of the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of vehicles of the type covered by the license classification or endorsement that the applicant is seeking. The examination may also include further physical and mental examinations the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways.
  2. (B) All such examinations given to persons under eighteen (18) years of age shall be written, with the exception of examination of the applicant's eyesight including, but not limited to, night vision performance. However, this restriction shall not apply to any person who, prior to January 1, 1990, obtained a valid license other than by written examination, or to any person with a medical condition, certified by a physician, which would render a written examination impractical, or to any handicapped child, including the learning disabled, certified by a specialist as unable to be tested by written examination.
2. (2) In addition, all examinations administered to applicants for a driver license or intermediate driver license shall include questions concerning drugs and alcohol, the effects of those substances on a person's ability to operate a vehicle and the applicable Tennessee laws pertaining to operating a vehicle while under the influence of alcohol or drugs, and the alcohol and drug related questions shall constitute one-fourth (¼) of the written examination. The department shall ensure the driver manual used to prepare applicants for the license examination includes sufficient information concerning drugs and alcohol to enable a reasonably diligent applicant to correctly answer the additional questions.
(b)
1. (1) The department may waive the required knowledge and skills tests upon application for a Tennessee driver license by a nonresident who establishes residency in this state. The new resident must surrender a driver license or submit a certified report from the former state of residence. Either the license or the report shall verify that the license is not subject to cancellation, suspension or revocation and that the license is valid, or has not been expired in excess of six (6) months.
2. (2)
  1. (A) As used in this subdivision (b)(2), “valid military commercial driver license” means any commercial driver license that is recognized by any active or reserve component of any branch of the United States armed forces as currently being valid or as having been valid at the time of an applicant's separation or discharge from the armed forces that occurred within the two-year period immediately preceding the date of application for a commercial driver license.
  2. (B) The department shall waive the required skills test upon initial application for a commercial driver license by any applicant who, at the time of initial application, has been issued, or is in immediate possession of, a valid military commercial driver license and who certifies on the application that, during the two-year period immediately preceding the date of application, the applicant:
    1. (i) Has not had more than one (1) driver license, except for a valid military commercial driver license;
    2. (ii) Has not had any driver license suspended, revoked, or cancelled in this state or any other state;
    3. (iii) Has not had any convictions while operating any type of motor vehicle for the disqualifying offenses contained in 49 CFR § 383.51(b), and has not lost the privilege to operate a commercial motor vehicle, or been disqualified from operating a commercial motor vehicle, in this state or any other state;
    4. (iv) Has not had more than one (1) conviction while operating any type of motor vehicle for serious traffic violations as defined in § 55-50-102 or contained in 49 CFR § 383.51(c);
    5. (v) Has not had any conviction for a violation of any military or state law or local ordinance relating to motor vehicle traffic control, in this or any other state, other than a parking violation, arising in connection with any traffic accident; and
    6. (vi) Has no record of an accident in which the applicant was at fault.
  3. (C) The applicant shall also certify on the application, and submit supporting documentation as required in subdivision (b)(2)(D), that the applicant:
    1. (i) Is regularly employed or was regularly employed within the ninety-day period immediately preceding application in a position in the United States armed forces requiring operation of a commercial motor vehicle that is representative of the license class and endorsement for which the applicant is applying;
    2. (ii) Is exempted or was exempted from the commercial driver license requirements in 49 CFR § 383.3(c); and
    3. (iii) Is operating or was operating a commercial motor vehicle in the United States armed forces that is representative of the license class and endorsement for which the person is applying, for at least the two (2) years immediately preceding separation or discharge from the armed forces, in the case of an honorably discharged member, or for at least the two (2) years immediately preceding application, in the case of a member in active duty.
  4. (D) The application shall be accompanied by the following documentation establishing the applicant's military occupational specialty and driving experience as indicated in subdivision (b)(2)(C):
    1. (i) A notarized affidavit signed by a commanding officer, if the applicant is on active duty; or
    2. (ii) If the applicant is honorably discharged from military service:
      1. (a) A copy of the applicant's certificate of release of discharge from active duty, department of defense form 214 (DD 214); or
      2. (b) A statement from the appropriate branch of the United States armed forces, certified by the department of veterans services.
  5. (E) Any applicant who is a member of the active duty military, military reserves, national guard, or active duty United States coast guard or coast guard auxiliary whose temporary or permanent duty station is located in this state obtaining the skills test waiver under this subdivision (b)(2) shall submit documentation acceptable to the department establishing the applicant's current duty station assignment.
  6. (F) An applicant who obtains the skills test waiver under this subdivision (b)(2) shall be required to successfully complete any applicable vision and knowledge tests, and pay the appropriate fees, other than the skills testing fee.
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  - 55-50-416(b)(2)(A)
(c)
1. (1) The examinations for applicants for commercial driver licenses shall be conducted in compliance with 49 CFR Part 383.
2. (2) The department is permitted to promulgate rules and regulations pertaining to third-party testing for the skills tests required for commercial driver licenses, in accordance with 49 CFR Part 383.
3. (3) The department shall not reject the applicant for a commercial driver license if the examiner believes the condition of the vehicle is unsafe for operation, unless the examiner requests an inspection of the vehicle by a qualified commercial vehicle inspector of the department. This vehicle, and all commercial vehicles inspected by the department, shall be inspected in accordance with the North American Standard Uniform Inspection procedures outlined by the Commercial Vehicle Safety Alliance. A commercial vehicle placed out-of-service for mechanical or safety defects by the qualified inspector shall be placed out-of-service for safety defects as defined in the North American Uniform Out-of-Service Criteria. The applicant shall be given a written report listing all defects by the inspector and informed of necessary repairs to cause the vehicle to be in compliance. The examiner shall not conduct a road test if the commercial vehicle inspector determines that the vehicle does not meet the standards defined in the North American Uniform Out-of-Service Criteria.
(d) All persons who are in the United States armed forces and who are holders of driver licenses in this state may have their licenses renewed upon application to the department upon their return to Tennessee without further examination.
(e) Persons applying for reinstatement of a cancelled, suspended or revoked driver license shall not be required to take an eye test or knowledge and skills tests unless their license has been expired in excess of one (1) renewal cycle as provided in § 55-50-338(a)(3).
(f) An applicant who presents evidence acceptable to the department that the applicant has satisfactorily completed a driver education and training course offered for Class D vehicles by nonpublic schools in categories 1, 2, or 3 as recognized by the state board of education, a public school, a public institution of higher learning, or a commercial driver training school, operating under chapter 19 of this title, shall be deemed to have satisfactorily completed the department's examinations. The department may require the courses to include certain knowledge and skills examinations.
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- 55-9-102(3)
- 55-9-402(f)
(g) The department may authorize early intervention programs and alcohol and drug safety DUI schools administered by the department of health to administer the knowledge element of the driver license examination, subject to oversight by the department of safety. A defensive driving program under the oversight of the department of safety may also administer the examinations. An applicant who presents evidence acceptable to the department that the applicant has satisfactorily completed such a knowledge examination shall be deemed to have successfully completed the knowledge element of the driver license examination.
(h) The department of education may incorporate a driver license knowledge examination developed by the department of safety as a part of proficiency tests administered to eighth and tenth grade students pursuant to § 49-6-6001. The driver license knowledge examination shall comply with the requirements of this section. An applicant who presents acceptable evidence to the department of safety that the applicant has satisfactorily completed such a knowledge examination shall be deemed to have successfully completed the knowledge element of the driver license examination.
(i)
1. (1) The department may enter into a memorandum of understanding with a foreign country, or the licensing authority of the foreign country, under which the department and the foreign country agree to grant like driving privileges to new residents operating motor vehicles in this state or the foreign country.
2. (2) The memorandum of understanding executed pursuant to subdivision (i)(1) shall be a reciprocal agreement under which the parties agree that:
  1. (A) The foreign country or licensing authority shall waive any required knowledge and skills tests or equivalent tests upon application by a new resident who possesses a valid driver license from this state, and shall issue a driver license or equivalent license to the new resident; and
  2. (B) The department shall waive the required knowledge and skills tests upon application by a new resident who possesses a valid driver license or equivalent license from the foreign country, and shall issue a driver license to the new resident, if the applicant presents documentation to the department that the applicant's presence in the United States is authorized by the United States department of homeland security.
3. (3) The memorandum of understanding may specify any of the following:
  1. (A) That the foreign country shall verify the residency of the applicant in the foreign country prior to issuance of a driver license;
  2. (B) That the department and the foreign country shall verify that the driver license held by the applicant is not subject to cancellation, suspension, or revocation and is valid, or has not been expired in excess of six (6) months; and
  3. (C) Circumstances under which the department or the foreign country shall limit or deny issuance of a driver license.
4. (4) The department may enter into a memorandum of understanding with a foreign country regardless of whether the department has previously determined to administer a knowledge or skills test in the language of the foreign country.
5. (5) As used in this subsection (i):
  1. (A) “Driver license” includes a driver license, an intermediate driver license, a temporary driver license, or a temporary intermediate driver license; and
  2. (B) “Foreign country” means a country or political subdivision of a country other than the United States.
(j) Notwithstanding any other law to the contrary, the department shall permit any student enrolled in a state-approved cooperative driver testing program who is seeking an exemption from the Class D knowledge or skills examinations to present the third-party driver examiner testing certification form required for the exemption to the department at any driver license testing station within one (1) year of satisfactory completion of a Class D driver education and training course.
(k) The commissioner of safety is authorized to promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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55-50-311(b)(1)(A)

§ 55-50-323. Fees.

(a)
1. (1) The fees charged for eight-year driver licenses shall be as set by this subsection (a). For any license term other than eight (8) years, the fee shall be appropriately prorated; provided, that for Class D, Class M, and photo identification licenses, there shall be deducted from the gross prorated fee the amount of two dollars ($2.00).
2. (2) The fees charged for driver licenses shall be as follows:
  1. (A) For Class A and renewal thereof, sixty-four dollars ($64.00) until cancelled, revoked, suspended, or expired;
  2. (B) For Classes B and C and renewal thereof, fifty-six dollars ($56.00) until cancelled, revoked, suspended, or expired;
  3. (C) For Class D and renewal thereof, twenty-six dollars ($26.00) until cancelled, revoked, suspended, or expired;
  4. (D) For Class M and renewal thereof, twenty-six dollars ($26.00) until cancelled, revoked, suspended, or expired;
  5. (E) For Class P, a fee equal to the fee for the particular class license for which the person is applying until cancelled, revoked, suspended or expired;
  6. (F) In addition to the above fees, any person applying for a special endorsement, or renewal thereof, shall pay an additional two dollars and fifty cents ($2.50) for each endorsement;
  7. (G) For a restricted license, sixty-five dollars ($65.00) until cancelled, revoked or suspended;
  8. (H) For any commercial upgrade from Class C to Class B, or Class B to Class A, fifteen dollars ($15.00);
  9. (I) For the first duplicate of any license herein provided, during a regular renewal cycle, six dollars ($6.00), and for the second and subsequent duplicate during a regular renewal cycle, ten dollars ($10.00);
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    55-50-331(b)(4)(A)
  10. (J)
    1. (i) For a photo identification card, or renewal thereof, ten dollars ($10.00) until cancelled or expired. The fee charged for a photo identification license or renewal of a photo identification license issued pursuant to § 55-50-331(g) shall be the same as the fee charged for an eight-year photo identification license pursuant to this subsection (a);
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      55-50-336(h)(2)
    2. (ii) Any person with an intellectual or physical disability unable to obtain a regular operator's license may be issued a photo identification license. For the purpose of this subdivision (a)(2)(J)(ii), a “person with an intellectual disability” means an individual having significantly deficient or sub-average general intellectual functioning either from birth or originating during the developmental period and that is associated with an impairment of adaptive behavior. The intellectual or physical disability shall be verified by letter from a physician licensed to practice in Tennessee, and the person shall furnish satisfactory proof of the person's identity by birth certificate or any other satisfactory document substantiating the person's identity. Upon submission of an application and satisfactory verification of intellectual or physical disability and proof of identity, the department shall issue, without charge, a permanent Tennessee photo identification license having printed prominently thereon the following statement: “FOR IDENTIFICATION PURPOSES ONLY, NOT VALID FOR VEHICULAR OPERATION”;
  11. (K)
    1. (i) For any person sixty (60) years of age or older who, on or after January 1, 2013, elects to renew a nonphoto bearing license, the fee for the license shall be fifteen dollars ($15.00); provided, that the license is an operator (Class D or M) with no endorsements;
    2. (ii) No person sixty (60) years of age or older who, prior to January 1, 2013, elected to obtain a nonphoto bearing license shall be required to obtain a driver license with a photograph on or after January 1, 2013;
  12. (L)
    1. (i) If a Class C or Class B is upgraded to a Class A before the end of the renewal cycle, the applicant must pay the appropriate application and commercial upgrade fees;
    2. (ii) If a Class C is upgraded to a Class B before the end of the renewal cycle, the applicant must pay the appropriate application and commercial upgrade fees;
    3. (iii) If a Class P is upgraded to a Class A, B, C, D or M within one (1) year of date of issuance, there will be no upgrade fee required; and
  13. (M) Notwithstanding this section, any person applying for a school bus endorsement, as defined in § 55-50-102(22)(E), or renewal thereof, shall pay a total fee of twenty dollars ($20.00) for each school bus endorsement.
(b) For the purposes of this section, “driver license” includes intermediate driver license.
(c) The fee charged for any temporary driver license issued pursuant to § 55-50-331(g) shall be the same as the fee charged for an eight-year Class D license.

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§ 55-50-324. Disposition of fees — Motorcycle license or permit examination fee.

(a) From the proceeds of the first eight dollars ($8.00) of the operator's license (Class D) fee and the first twelve dollars ($12.00) of chauffeur's license (Classes A, B, and C) fee authorized by § 55-50-323, in an amount not to exceed one million dollars ($1,000,000) shall, on July 1 of each year, be transferred from the fees collected the prior year to the general fund and be earmarked for personal services and employee benefits in the department's budget, and the funds transferred shall be used solely for the purpose of funding longevity pay increases for highway patrol officers, such increases to be authorized by the general assembly.
(b) Any funds realized through the two-dollar increase in operator's (Class D) and chauffeur's (Classes A, B, and C) license fees effective July 1, 1977, whether in the 1977-1978 fiscal year or in any fiscal year thereafter, shall be used exclusively by the department, and whatever portion of the amount is necessary to fund an interstate and defense highway emergency service program shall be used for that purpose. Any portion not used for an interstate and defense highway emergency service program shall be used to fund the highway patrol longevity pay plan to the extent necessary and for the purchase of highway patrol vehicles.
(c) Of the fees charged for the photo licenses provided for in this part, one dollar ($1.00) shall be allocated for the payment of the police pay supplement provided in § 38-8-111.
(d) All applicants for a motorcycle operator's license or motorcycle operator's learner's permit shall pay to the department a one-dollar fee before taking the license examination. This fee shall be collected by the person conducting the examination and shall be nonrefundable. Notwithstanding any law to the contrary, the one-dollar application fee imposed by this subsection (d) shall be paid into the state treasury and credited to the motorcycle rider safety fund. An applicant who passes the examination additionally shall pay the license fee as provided in § 55-50-323 as a part of the application.

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55-50-312(e)

§ 55-50-325 — 55-50-330. [Reserved.]

§ 55-50-331. Examination for, and issuance, renewal and contents of, licenses — Conditional licenses.

(a) Notwithstanding this chapter to the contrary, the department has oversight of the issuance, examination and renewal of all driver licenses provided for in this chapter. The department is authorized to contract for the provision of any service related to the issuance, examination and renewal of driver licenses subject to applicable contracting statutes and regulations. The commissioner has the discretion to solicit outside consulting services in order to accomplish on a competitive basis the design and application of the system and implementation of this system. Any entity so contracting with the department is authorized to charge an additional fee of four dollars ($4.00), which shall be retained by the entity for administrative costs.
(b)
1. (1) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver license indicating the type or general class of vehicles the licensee may drive, which license shall bear thereon a distinguishing number assigned to the licensee, the full legal name, date of birth, current residence address including the street address and number or route and box number (or post office box number if the applicant has no bona fide residential street address), a brief description, a visible full face photograph of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensee's usual signature with pen and ink. No license shall be valid until it has been so signed by the licensee.
2. (2) The department shall not issue a driver license that displays an applicant's social security number unless the applicant specifically requests in writing that the number be displayed on the license.
3. (3) The date of birth information on a driver license issued by the department must be plainly visible and the font size must be the same size as that of the driver license number.
4. (4)
  1. (A) Any person who can provide proof that the person was a victim of identity theft, under § 39-14-150, may apply for the issuance of a new driver license with a new distinguishing number. The department shall issue the new driver license to the applicant and may charge a duplicate license fee, pursuant to § 55-50-323(a)(2)(I), to cover the cost of issuance.
  2. (B) The proof required by subdivision (b)(4)(A) may be satisfied by presentation of a law enforcement report that lists the applicant as a victim of identity theft, under § 39-14-150.
(c) The license shall also display the issuance and expiration dates during which time the license is valid, and shall note whether the license is a duplicate of an original license.
(d) The department, upon issuing a license, shall have authority to impose restrictions suitable to the licensee's driving ability with respect to the type of, or special, mechanical control devices required on a motor vehicle that the licensee may operate or other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
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- 55-50-505(b)
(e) The department may either issue a special conditional license or may set forth the conditions upon the usual license form.
(f) It is a Class A misdemeanor for any person to operate a motor vehicle in any manner in violation of the conditions imposed by a conditional license issued to the person.
(g) Notwithstanding any other law to the contrary, the department may issue a temporary driver license, temporary intermediate driver license, temporary photo identification license or a temporary learner permit to persons whose presence in the United States has been authorized by the federal government for a specific purpose and for a specified period of authorized stay. The temporary driver license or photo identification license shall be valid only during the period of time of the applicant's authorized stay in the United States; provided, however, that no temporary license or photo identification license shall be issued for a period of longer than eight (8) years.
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(h) Any applicant applying for a temporary driver license, temporary intermediate driver license, temporary photo identification license or temporary learner permit, upon initial issuance, renewal or reinstatement, shall meet the requirements of this chapter and any rules and regulations promulgated by the department.
(i) Any nonphoto bearing driver license issued under §§ 55-50-323 and 55-50-335, and any nonexpiring photo identification license issued under §§ 55-50-323 and 55-50-336, shall be issued in compliance with the federal regulations of 6 CFR Part 37 for non-REAL ID compliant licenses.
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- 55-50-336(h)(3)

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55-50-312(e)

§ 55-50-332. Lost permits or licenses — Duplicates or substitutes.

(a) In the event that a learner permit, intermediate driver license or driver license issued under this chapter is lost or destroyed, the person to whom the permit or license was issued may, upon payment of the required fee, obtain a duplicate or substitute thereof, upon furnishing proof satisfactory to the department that the permit or license has been lost or destroyed, and further provide proof satisfactory to the department that the applicant is indeed the person to whom the permit or license was issued.
(b) Duplicate licenses obtained during the normal eight-year cycle shall expire eight (8) years from the date of issuance, excluding Class P licenses, which shall expire one (1) year from the date of issuance.
(c) Duplicate temporary licenses obtained in place of temporary licenses, issued pursuant to § 55-50-331(g), shall be valid during the period of time specified in § 55-50-331(g).

§ 55-50-333. Change of address.

Whenever any person after applying for or receiving a license moves from the address named in the application or license, or when the name of a licensee is changed for any reason, the person shall within ten (10) days thereafter notify the department of the change or changes.

§ 55-50-334. Licenses of persons under or attaining twenty-one.

(a) If the licensee is less than twenty-one (21) years of age, the license shall:
1. (1) Bear the language “Under 21 Driver License”;
2. (2) Be printed in a vertical or portrait format; and
3. (3) Contain other secure features identifying the licensee as being under twenty-one (21) years of age.
(b) Upon attaining the age of twenty-one (21) years, any licensee may obtain a license printed in a horizontal or landscape format without the language required under subdivision (a)(1) by paying the fee for a duplicate license. However, no person shall be required to obtain the duplicate license, until the license expires.

§ 55-50-335. Visible full face on licenses.

(a) All driver licenses shall bear a visible full face photograph of the applicant furnished by the department or bear an endorsement that no photograph is required. No license issued shall be valid unless it bears this photograph or endorsement.
(b)
1. (1) The department shall begin developing a plan for implementation of a system for the issuance of driver licenses bearing a visible full face photograph of the licensee, which photograph shall be taken by or under the direction of the department.
2. (2) The department shall use such process or processes in the issuance of licenses that prohibit, as nearly as practicable, the ability to alter or reproduce the license or the ability to superimpose a photograph on the license without ready detection.
3. (3) This system shall permit the keeping of a copy of the actual driver license as issued.
(c) In the development and installation of a system for the issuance of licenses, the department shall establish regulations and standards for the evaluation of various processes and equipment available for this purpose, and shall provide an opportunity for each reliable and financially responsible company with such a process to demonstrate its process and equipment for the purpose of determining the best available process and equipment at the most economical price. Any contracts for the purchase of material and equipment required to implement this program shall be entered into in accordance with the competitive bid procedures provided for in title 12, chapter 3. The commissioner may solicit outside consulting services in order to accomplish on a competitive basis the design and application of the system and implementation thereof. The commissioner shall require a performance bond sufficient to guarantee the performance of any such lease or franchise contracts that may be entered into, the bond to be sufficient to protect the interests of the state and of the individual license purchasers.
(d) In addition to its other duties under the law, the procurement commission shall advise the commissioner on appropriate standards for the evaluation of various processes and equipment, shall observe any demonstrations of processes and equipment, and shall advise the commissioner on the most economic and feasible method available.

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55-50-331(i)

§ 55-50-336. Photo identification license.

(a)
1. (1) Any person eighteen (18) years of age and older, upon submission of a satisfactory application and proof of identity, may be issued a photo identification license restricted in use to identification only. Proof of identity may be furnished by birth certificate or any other document as set forth in this chapter substantiating the identity of the applicant.
2. (2) Any person less than eighteen (18) years of age may be issued, upon submission of a certified birth certificate, filing of an affidavit by the person's parent or legal guardian, proof of identity of the parent or legal guardian, and payment of the required fee and completion of application, a photo identification license.
(b) The photo identification license shall have substantially the same content as a driver license, but shall clearly indicate that it is not a driver license by having printed prominently thereon the following statement: “FOR IDENTIFICATION PURPOSES ONLY — NOT VALID FOR VEHICULAR USE.”
(c) Photo identification licenses issued by the department shall be issued in the same manner as driver licenses.
(d)
1. (1) Photo identification licenses issued by the department shall indicate on the license if the license holder has previously had a license revoked or suspended due to a conviction for violation of § 55-10-401.
2. (2) Subdivision (d)(1) shall not apply to a person whose conviction is more than ten (10) years old and who is permanently handicapped and unable to drive a motor vehicle. If a person claims this circumstance the application shall be accompanied by any documentation required by the department to obtain a photo identification license.
(e) A photo identification license shall not be issued by the department to a person who has been issued a driver license that has not expired or that has not been revoked or suspended.
(f)
1. (1) The department is authorized to issue a temporary photo identification license, which shall be valid only during the period of time of the applicant's authorized stay in the United States; or, if there is no definite end to the period of authorized stay, a period of one (1) year.
2. (2) An applicant for a temporary photo identification license shall submit an application that includes proof of the applicant's identity, Tennessee residency, and authorized stay in the United States.
(g)
1. (1) Notwithstanding § 55-50-323, a photo identification license issued pursuant to this section shall be provided free of charge to a person, if the person signs an affidavit stating the person:
  1. (A) Does not have a valid government issued photo identification;
  2. (B) Is a registered voter in this state; and
  3. (C) Needs the photo identification license for voting purposes.
2. (2) Notwithstanding subsection (e), a photo identification license may be issued to a person who meets the criteria of subdivisions (g)(1)(A)-(C) even if the person has a valid nonphoto bearing driver license.
(h)
1. (1) A person who has attained sixty-five (65) years of age and who applies for a photo identification license may elect to receive a photo identification license that does not expire.
2. (2) A non-expiring photo identification license will continue to be valid until cancelled or replaced. A replacement may be obtained at any time upon payment of the fee specified in § 55-50-323(a)(2)(J)(i).
3. (3) A non-expiring photo identification license is subject to the limitations of § 55-50-331(i).

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§ 55-50-337. Expiration of licenses.

(a) Every driver license issued by the department on or after January 1, 2016, shall be issued for a period of eight (8) years excluding Class P licenses, which shall expire one (1) year from the date of initial issuance. The commissioner may issue an initial license or renew a license that shall remain valid for three (3) to eight (8) years in order to transition licensees to an eight-year renewal cycle. License fees due under § 55-50-323 shall be prorated to reflect the appropriate fee for a renewal cycle of lesser length than eight (8) years; provided, that for Class D, Class M, and photo identification licenses, there shall be deducted from the gross prorated fee the amount of two dollars ($2.00).
(b) Notwithstanding any other law to the contrary, temporary licenses issued pursuant to § 55-50-331(g) shall be valid during the period of time specified in § 55-50-331(g).
(c) Any person issued a license or permit prior to July 1, 2004, who is subject to § 55-50-331(g) shall, upon renewal or reapplication, receive, if otherwise eligible, a temporary license, which shall expire in accordance with § 55-50-331(g).

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§ 55-50-338. Renewals — Drug and alcohol educational pamphlets.

(a)
1. (1) Every license shall be renewable on or before its expiration upon application, payment of required fees, and satisfactory completion of any examination required by state law or rules promulgated by the commissioner.
2. (2) Any person whose driver license expires or who applies for a renewal of the license after thirty (30) days, but less than six (6) months, from the date the original license expired shall pay a penalty of five dollars ($5.00), and any unpaid renewal license fees since the last renewal before the license shall be renewed. For applicants with licenses that have been expired for six (6) months or more, the penalty shall be ten dollars ($10.00). The department may waive the paying of the fine if the department deems the delay in renewing the license was unavoidable.
3. (3) Notwithstanding any other law to the contrary, any applicant for renewal of a driver license, whose license has been expired for more than one (1) renewal cycle, shall be required to successfully complete all appropriate examinations, which shall include all tests required upon original application.
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  - 55-50-322(e)
4. (4) A Tennessee driver license held by any person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that this person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the license is sooner suspended, cancelled or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has in the licensee's immediate possession the licensee's discharge or separation papers, if the licensee has been discharged or separated from service.
5. (5) Any person who is now in a foreign country in the employ of a religious or charitable organization, or who may hereafter be in a foreign country in such employ, who is a holder of a driver license in this state, and of the family of such person any member who is or who may be in a foreign country with such person and who is a holder of a driver license in this state, may, without additional examination in Tennessee, have this driver license renewed after its expiration by submitting to the department a certificate issued by a doctor of medicine certifying that the person is physically qualified to drive a motor vehicle.
6. (6)
  1. (A) Any person renewing a chauffeur or special chauffeur license, or any applicant for an original Class A, B, or C license or any endorsement, or any person applying for reinstatement of a chauffeur or special chauffeur license, shall, at the time of renewal or application, appear at a driver testing station and make certification declaring the type of vehicle operated, the class license and endorsement or endorsements for which the person is making application, and shall be required to pay the appropriate fee or fees, in addition to successfully completing the required tests as may be required by 49 CFR Part 383 and adopted by the commissioner, pertaining to drivers of commercial motor vehicles.
  2. (B) Operators of commercial motor vehicles who:
    1. (i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce;
    2. (ii) Operate commercial motor vehicles solely intrastate;
    3. (iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.); and
    4. (iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests;
    5. shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees.
  3. (C) Subdivision (a)(6)(B) does not apply to new applicants, or to persons applying for reinstatement of a driver license.
  4. (D)
    1. (i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) (49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391.
    2. (ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision.
(b) In the event 49 CFR Part 383 authorizes the “grandfathering” of drivers of commercial motor vehicles, persons who are applying for renewal in accordance with this section shall be required only to appear, meet the specified requirements, pay the appropriate fee or fees, and take only those tests required by 49 CFR Part 383.
(c) The department shall make available at all driver license stations and shall include in general or routine mailings to drivers pursuant to this part, when the department deems it appropriate to the nature of the correspondence, an educational pamphlet or insert explaining the effects of drugs and alcohol on a person's ability to operate a vehicle and the applicable Tennessee laws pertaining to the operation of a vehicle while under the influence of alcohol and drugs. The insert or pamphlet must include a chart depicting “blood alcohol concentration percentage within one (1) hour based on body weight” and an explanation of the state's laws and penalties regarding driving while intoxicated.

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55-50-312(e)

§ 55-50-339. Issuance or restoration of license of minor withdrawn from secondary school.

Following a license revocation or denial under § 55-50-321(c)(2) or § 55-50-502(a)(1)(J), the department shall not issue a new license or otherwise restore the driving privilege unless and until the person has paid a reinstatement fee of twenty dollars ($20.00) and all other driver license fees, and has complied with all testing requirements of this chapter.

§ 55-50-340 — 55-50-350. [Reserved.]

§ 55-50-351. License to be carried and exhibited on demand — Arrest and penalty for violations. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) Every licensee shall have the licensee's license in immediate possession at all times when operating a motor vehicle and shall display it upon demand of any officer or agent of the department or any police officer of the state, county or municipality, except that where the licensee has previously deposited the license with the officer or court demanding bail, and has received a receipt from the officer or the court, the receipt is to serve as a substitute for the license until the specified date for court appearance of licensee or the license is otherwise returned to the licensee by the officer or court accepting the license for deposit. Any peace officer, field deputy, or inspector of the department, or any other law enforcement officer of this state or municipality thereof, has the right to demand the exhibition of the license of any operator of a motor-driven cycle as described in § 55-8-101, and effect the arrest of any person so found to be in violation of this section.
(b) A violation of this section is a Class C misdemeanor.

§ 55-50-352. Anatomical gifts.

(a) The department shall provide with each driver license issued a statement whereby the holder of the license may certify the person's willingness to make an anatomical gift under title 68, chapter 30, part 1.
(b) The department shall provide to each licensee certifying this willingness a statement to include the licensee's blood group and RH factor.

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55-50-312(e)

§ 55-50-353. Sexual, violent sexual, violent juvenile sexual offender identification — Human trafficker identification.

(a) When the department issues or renews a driver license or photo identification card to a sexual offender, violent sexual offender or violent juvenile sexual offender as required by § 40-39-213, the driver license or photo identification card shall bear a designation sufficient to enable a law enforcement officer to identify the bearer of the license or card as a sexual offender, violent sexual offender or violent juvenile sexual offender.
(b) When the department issues or renews a driver license or photo identification license to a person convicted of a human trafficking offense, as defined in § 39-13-314, the driver license or photo identification license must bear a designation sufficient to enable a law enforcement officer to identify the bearer of the license as a person who has been convicted of a human trafficking offense.
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- 39-13-314(f)

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§ 55-50-354. Language or symbol on driver license or photo identification card reflecting military service.

(a) When the department issues or renews a driver license or photo identification card to an honorably discharged veteran, the driver license or photo identification card shall have language or a symbol designed by the department of veterans services, in consultation with the department of safety, that appropriately reflects the driver's military service. The language or symbol shall be displayed prominently on the license.
(b) Tennessee veterans who elect to have language or a symbol indicating their military service on their driver license at the time of renewal or reissue shall pay the required license or photo identification card fee, check a box on the application stating they are a veteran, and provide a certified copy of:
1. (1) The applicant's certificate of release or discharge, department of defense form 214 (DD 214), showing dates of service and that the applicant received an honorable discharge;
2. (2) The applicant's department of defense form DD form 2 (Retired) identification;
3. (3) The applicant's AGO Form 53-55 or NAVPERS 553 showing the dates of service; or
4. (4) The applicant's official NAVPERS-660 form, showing proof of honorable discharge.

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Part 4 Commercial Driver Licenses

§ 55-50-401. Limitation on number of driver licenses.

No person who operates a commercial motor vehicle shall have more than one (1) driver license.

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55-50-405(b)

§ 55-50-402. Notification required by employee.

(a) Notification of Violations:
1. (1) To State. Any operator of a commercial motor vehicle holding a driver license issued by this state, and who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in this or any other state, other than parking violations, shall notify the department of the conviction in the manner specified by the department within thirty (30) days of the date of conviction; and
2. (2) To Employers. Any operator of a commercial motor vehicle holding a driver license issued by this state, and who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, shall notify the operator's employer in writing of the conviction within thirty (30) days of the date of conviction.
(b) Notification of Suspensions, Revocations and Cancellations. Each employee whose driver license is suspended, revoked, or cancelled by this state, who loses the privilege to operate a commercial motor vehicle in any state for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify the operator's employer of that fact before the end of the business day following the day the employee received notice of that fact.
(c) Notification of Previous Employment.
1. (1) General Rule. Each person who applies for employment as an operator of a commercial motor vehicle, with an employer, shall provide notification to the employer, at the time of the application, of any previous employment as an operator of a commercial motor vehicle.
2. (2) Period of Previous Employment. The period of previous employment of which notification must be given under subdivision (c)(1) shall be the ten-year period ending on the date of application for employment, or the greater period which may be established by regulation by the secretary of transportation.
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- 55-50-403(2)

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55-50-405(c)

§ 55-50-403. Employer responsibilities.

No employer shall knowingly allow, permit, or authorize an employee to operate a commercial motor vehicle in the United States during any period:
1. (1) In which the employee has a driver license suspended, revoked, or cancelled by a state, has lost the privilege to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle;
2. (2) In which the employee has more than one (1) driver license. Each employer shall require the information specified in § 55-50-402(c) to be provided by the applicant;
3. (3) In which the driver, or the CMV the employee is driving, or the motor carrier operation, is subject to an out-of-service order; or
4. (4) In violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings.

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55-50-405(d)

§ 55-50-404. Commercial driver license required. [Effective on January 1, 2024. See the version effective until January 1, 2024.]

(a) Except when operating under an instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being operated, no person may operate a commercial motor vehicle unless the person has been issued, and is in immediate possession of, a valid commercial driver license.
(b) No person may be issued a commercial driver license before passing a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards in 49 CFR Part 383 , and has satisfied all other federal requirements, as well as any other requirements imposed by state law. The tests shall be prescribed and conducted by the department.
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- 55-50-414(a)(2)
(c) A commercial driver license may be issued only to a person who operates or will operate commercial motor vehicles and who is domiciled in this state; provided, that a commercial driver certificate may be issued to a person who operates or will operate a commercial motor vehicle and is not domiciled in a state that issues a commercial driver license in accordance with 49 CFR Part 383 .
(d) A commercial driver license may not be issued to a person during a period in which the person is disqualified from operating a commercial motor vehicle, or while the person's driver license is suspended, revoked or cancelled in any state; nor may a commercial driver license be issued to a person unless the person first surrenders all previously issued driver licenses, either commercial or noncommercial, issued by any state. The department shall electronically notify the state of issuance that the license has been turned into the department and should be cancelled.
(e)
1. (1) The department shall waive the knowledge test required by subsection (b) to obtain a temporary commercial learner's permit upon application for a permit by an applicant who certifies on the application, and submits supporting documentation as required in subdivision (e)(3), that the applicant:
  1. (A) Is or was regularly employed and designated as one (1) of the following positions or military occupational specialties during the one-year period immediately preceding the date of application:
    1. (i) A motor transport operator - 88M (Army);
    2. (ii) A PATRIOT launching station operator - 14T (Army);
    3. (iii) A fueler - 92F (Army);
    4. (iv) A vehicle operator - 2T1 (Air Force);
    5. (v) A fueler - 2F0 (Air Force);
    6. (vi) A pavement and construction equipment operator - 3E2 (Air Force);
    7. (vii) A motor vehicle operator - 3531 (Marine Corps); or
    8. (viii) An equipment operator - E.O. (Navy); and
  2. (B) Was or is operating a commercial motor vehicle in the United States armed forces that is representative of the license class and endorsement for which the person is applying, for at least one (1) year immediately preceding separation or discharge from the armed forces, in the case of an honorably discharged member, or for at least one (1) year immediately preceding the date of application, in the case of an active duty service member or a member of the national guard or the armed forces reserves.
2. (2) The applicant shall also certify that during the one-year period immediately preceding the date of application, the applicant:
  1. (A) Has not had more than one (1) driver license, except for a valid military commercial driver license;
  2. (B) Has not had a driver license suspended, revoked, or canceled in this state or another state;
  3. (C) Has not had any convictions while operating any type of motor vehicle for the disqualifying offenses contained in 49 CFR 383.51(b), and has not lost the privilege to operate a commercial motor vehicle, or been disqualified from operating a commercial motor vehicle, in this state or another state;
  4. (D) Has not had more than one (1) conviction while operating any type of motor vehicle for serious traffic violations as defined in § 55-50-102 or contained in 49 CFR 383.51(c);
  5. (E) Has not had a conviction for a violation of any military or state law or local ordinance relating to motor vehicle traffic control in this or another state, other than a parking violation, arising in connection with a traffic accident; and
  6. (F) Has no record of an accident in which the applicant was at fault.
3. (3) The application must be accompanied by the following documentation establishing the applicant's military occupational specialty and driving experience as indicated in subdivision (e)(1):
  1. (A) Military orders or other documentation acceptable to the department establishing the applicant's military occupational specialty and current duty station assignment and a valid military identification card, if the applicant is an active duty service member or a member of the national guard or the armed forces reserves; or
  2. (B) If the applicant is honorably discharged from military service, the applicant's certificate of release or discharge, including, but not limited to, a department of defense form 214 (DD 214), that shows dates of service and that the applicant received an honorable discharge or release.
4. (4) An applicant who obtains the knowledge test waiver under this subsection (e) must successfully complete any applicable vision and skills tests, and pay the appropriate fees, other than the skills testing fee.

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55-50-405(e)

§ 55-50-404. Commercial driver license required. [Effective until January 1, 2024. See the version effective on January 1, 2024.]

(a) Except when operating under an instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being operated, no person may operate a commercial motor vehicle unless the person has been issued, and is in immediate possession of, a valid commercial driver license.
(b) No person may be issued a commercial driver license before passing a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards in 49 CFR Part 383, and has satisfied all other federal requirements, as well as any other requirements imposed by state law. The tests shall be prescribed and conducted by the department.
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- 55-50-414(a)(2)
(c) A commercial driver license may be issued only to a person who operates or will operate commercial motor vehicles and who is domiciled in this state; provided, that a commercial driver certificate may be issued to a person who operates or will operate a commercial motor vehicle and is not domiciled in a state that issues a commercial driver license in accordance with 49 CFR Part 383.
(d) A commercial driver license may not be issued to a person during a period in which the person is disqualified from operating a commercial motor vehicle, or while the person's driver license is suspended, revoked or cancelled in any state; nor may a commercial driver license be issued to a person unless the person first surrenders all previously issued driver licenses, either commercial or noncommercial, issued by any state. The department shall electronically notify the state of issuance that the license has been turned into the department and should be cancelled.

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55-50-405(e)

§ 55-50-405. Violations — Penalties — Driving under the influence.

(a)
1. (1) The commissioner shall suspend for at least one (1) year, a commercial motor vehicle operator who is found to have committed a first violation of:
  1. (A) Driving a commercial motor vehicle under the influence of alcohol or a controlled substance, or with a blood alcohol concentration (BAC) of four-hundredths of one percent (0.04%) or greater;
  2. (B) Leaving the scene of an accident while driving a commercial motor vehicle; or
  3. (C) Operating a commercial motor vehicle in the commission of a felony, except a controlled substance felony as described in subdivision (a)(4).
2. (2) If the operator commits any of the violations while carrying hazardous materials, the suspension shall be for a period of three (3) years.
3. (3) The commissioner shall suspend for life, or a period not less than ten (10) years, according to department of transportation regulations, a commercial motor vehicle operator who is found to have committed a second violation of:
  1. (A) Driving a commercial motor vehicle under the influence of alcohol with a BAC of point zero four (0.04) or greater, or other controlled substance;
  2. (B) Leaving the scene of an accident while driving a commercial motor vehicle; or
  3. (C) Using a commercial motor vehicle in the commission of a felony.
4. (4) The commissioner shall suspend for life, a commercial motor vehicle operator who is found to have used a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to distribute.
5. (5) The commissioner shall suspend for a period of not less than sixty (60) days each person who in a three-year period has committed two (2) serious traffic violations involving a commercial motor vehicle, and for not less than one hundred twenty (120) days each person who has committed three (3) serious traffic violations in a three-year period.
6. (6)
  1. (A) Any person violating subdivisions (a)(1), (2), and (3) shall, upon conviction, be punished pursuant to the requirements of §§ 55-10-402 and 55-10-403, except for provision of license suspension, which shall be in accordance with this subsection (a).
  2. (B) Any person violating subdivision (a)(4) shall, upon conviction, be fined not less than two thousand five hundred dollars ($2,500), and be imprisoned for not less than ninety (90) days nor more than one (1) year.
7. (7)
  1. (A) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for one hundred eighty (180) days if the driver is convicted of a first violation of an out-of-service order.
  2. (B) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for two (2) years if, during any ten-year period, the driver is convicted of two (2) violations of out-of-service orders in separate incidents.
  3. (C) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for three (3) years if, during any ten-year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents.
8. (8)
  1. (A) The commissioner shall suspend the driver license for a period of one hundred eighty (180) days if a driver is convicted of violating an out-of-service order while driving a commercial motor vehicle while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), or while operating a motor vehicle designed to transport more than fifteen (15) passengers including the driver.
  2. (B) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for a period of three (3) years if the driver is convicted of any subsequent violation of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act or while operating a commercial motor vehicle designed to transport more than fifteen (15) passengers, including the driver.
9. (9) The commissioner shall suspend the driver license of a commercial motor vehicle operator who is convicted of violating a railroad highway grade crossing law or regulation while operating a commercial motor vehicle, for not less than sixty (60) days for a first conviction; not less than one hundred twenty (120) days for a second conviction, if the violation occurred within a three-year period from the first violation; and one (1) year for a third conviction, if the violation occurred within three (3) years from the first violation, for the following offenses:
  1. (A) For drivers who are not required to always stop pursuant to § 55-8-147, failing to slow down and check the railroad highway grade crossing to be sure it is clear of an approaching train;
  2. (B) For drivers who are not required to always stop pursuant to § 55-8-147, failing to stop before reaching the railroad highway grade crossing if the tracks are not clear;
  3. (C) A conviction of § 55-8-147;
  4. (D) Failure to have sufficient space to drive completely through the railroad highway grade crossing without stopping;
  5. (E) Failure to obey a traffic control device or the directions of an enforcement official at the railroad highway grade crossing; or
  6. (F) Failure to negotiate a railroad highway grade crossing because of insufficient undercarriage clearance.
10. (10)
  1. (A) A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for a first conviction and not less than five thousand dollars ($5,000) for a second or subsequent conviction, in addition to any disqualification or other penalty which may be imposed by state or federal law.
  2. (B) The civil penalty shall be assessed by the department after receiving notification of the conviction.
  3. (C) Funds received pursuant to this section shall become expendable receipts of the department.
(b) Any person violating § 55-50-401 shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), and be imprisoned for not less than ten (10) days nor more than ninety (90) days.
(c) Any person violating § 55-50-402 shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), and imprisoned for not less than two (2) days nor more than thirty (30) days.
(d) Any person violating § 55-50-403 shall, upon conviction, be fined not more than five hundred dollars ($500) and also be subject to civil penalties pursuant to 49 CFR § 383.53(b)(2).
(e) Any person violating § 55-50-404 shall, upon conviction of a first offense, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), and be imprisoned for not less than thirty (30) days nor more than ninety (90) days; and upon conviction of a second or subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) and be imprisoned for not less than ninety (90) days nor more than one (1) year.
(f) Notwithstanding any other provision in this title, the privilege of operating a commercial motor vehicle shall be subject to 49 CFR Parts 383 and 384 relative to the disqualification of drivers.
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- 55-50-414(b)(3)
(g) Any person charged with driving a commercial motor vehicle without a commercial driver license in the driver's possession, may, on or before the court date, submit evidence of compliance at the time of the violation. If the court is satisfied that compliance was in effect at the time of the violation, the charge shall be dismissed without cost to the defendant and no litigation tax shall be due or collected, notwithstanding any provision of law to the contrary.
(h) Pursuant to 49 CFR § 350.341, no provision of law relative to commercial driver licenses, including, but not limited to, physical qualification standards and records to be kept by drivers, shall be applicable to drivers of motor vehicles that have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less that are operated in intrastate commerce to transport property, and that do not transport:
1. (1) Hazardous materials required to be placarded;
2. (2) Sixteen (16) or more persons, including the driver; or
3. (3) Passengers for hire.
(i)
1. (1) The commissioner shall suspend for life, a commercial motor vehicle operator who has been convicted of a human trafficking offense, as defined in § 39-13-314, or an equivalent offense in another jurisdiction.
2. (2) A person who has been convicted of a human trafficking offense, as defined in § 39-13-314, or an equivalent offense in another jurisdiction, is disqualified from obtaining a commercial driver license.

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§ 55-50-406. Application for commercial driver license.

(a) The application for a commercial driver license shall include the following:
1. (1) The full legal name and current legal residential address of the person, including the street address and number or route and box number (or post office box number if the person has no bona fide residential street address);
2. (2) A physical description of the person including sex, height, weight, hair and eye colors;
3. (3) The applicant's social security number;
4. (4) Date of birth;
5. (5) Signature;
6. (6) Photograph;
7. (7) Certification that all information is correct;
8. (8) Statement that the applicant has read and understands the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12 of this title; and
9. (9) Any other information deemed necessary or required by the department or the secretary of transportation.
(b) The application shall be accompanied by a nonrefundable application fee of six dollars ($6.00) that shall constitute expendable receipts of the department.

§ 55-50-407. Commercial driver license.

(a) The commercial driver license shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information:
1. (1) The full legal name and current legal residential address of the person including the street address and number or route and box number (or post office box number if the person has no bona fide residential street address);
2. (2) A physical description of the person including sex, height, weight, hair and eye colors;
3. (3) A number or identifier deemed appropriate by the department, which number shall not be the person's social security number unless the applicant specifically requests in writing that the social security number be displayed on the license;
4. (4) The class or type of commercial motor vehicle or vehicles that the person is authorized to operate;
5. (5) The date of issuance and the date of expiration;
6. (6) The name of this state;
7. (7) Any restrictions that may apply;
8. (8) Whether the license is an original or duplicate;
9. (9) Organ donor information;
10. (10) Endorsements under which the person is authorized to operate a commercial motor vehicle;
11. (11) Visible full face photograph; and
12. (12) Any other information required by the secretary or deemed appropriate by the department.
(b) Not more than sixty (60) days before issuing a commercial driver license, the department shall notify the commercial driver license information system (CDLIS) of the proposed issuance of the license and provide the information required to ensure identification of the person. The department shall also request all information pertaining to the driving record of the person from all other states in which the person has been licensed to drive during the immediate preceding ten (10) years, and from the National Driver Register.
(c) Within ten (10) days after issuing a commercial driver license, the department shall notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person.
(d) The department shall maintain copies of all documents including, but not limited to, the application, commercial driver license issued, and any other documents pertaining to the licensee.
(e) Within ten (10) days after suspending, revoking or cancelling a commercial driver license, the department shall notify the commercial driver license information system of that disqualification if the sanction is for a period of sixty (60) days or more.
(f) An applicant for renewal of a CDL whose license has been expired for more than one (1) renewal cycle as set forth in § 55-50-337 must successfully complete all appropriate examinations for the issuance of a new CDL.

§ 55-50-408. Driving under the influence.

For purposes of this chapter and § 55-10-401, any person who drives, operates or exercises physical control of a commercial motor vehicle with a blood alcohol concentration of four hundredths of one percent (0.04%) or more commits the offense of driving while under the influence of alcohol, in violation of § 55-50-405.

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§ 55-50-409. Notification of traffic violations — Furnishing driving record information.

(a) This section shall apply to the following types of convictions:
1. (1) The conviction of any resident or nonresident holder of a commercial driver license of any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, in any vehicle; and
2. (2) The conviction of any resident or nonresident holder of a non-commercial driver license of any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, in a commercial motor vehicle.
(b) Within five (5) days after receiving a report of a conviction as defined by subsection (a), the department shall notify the driver licensing authority in the licensing state of the conviction, and the commercial driver license information system.
(c)
1. (1) Within five (5) days after the date of a conviction as defined by subsection (a), the clerk of the court of jurisdiction shall notify the department of the conviction.
2. (2) The notice shall contain:
  1. (A) Driver's first name, middle name or middle initial, last name, and residence address;
  2. (B) Driver's date of birth;
  3. (C) Driver license number, class of license, and state of issuance;
  4. (D) A statement as to whether or not the license is a commercial driver license;
  5. (E) The license plate number, year, and state of issuance of the vehicle involved;
  6. (F) A statement as to whether or not the offense was committed in a commercial motor vehicle;
  7. (G) A statement as to whether or not the vehicle was transporting hazardous materials requiring placards;
  8. (H) A statement as to whether or not the vehicle could transport sixteen (16) or more passengers;
  9. (I) The date the offense occurred;
  10. (J) The offense the driver was charged with;
  11. (K) The date of the conviction;
  12. (L) The violation of which the person was convicted;
  13. (M) The plea, the judgment, or whether bail was forfeited;
  14. (N) The number of the offense (e.g., 1st offense, 2nd offense);
  15. (O) The blood alcohol level of the person, if convicted of a violation of § 39-13-106, § 39-13-213, § 55-10-401 or § 55-50-405;
  16. (P) The amount of any fine or costs assessed for the violation;
  17. (Q) Whether a driver education or improvement course was completed and the date of completion of the course, if eligible under § 55-10-301;
  18. (R) The name of the arresting agency;
  19. (S) The name of the county and court in which the conviction occurred; and
  20. (T) Whether or not there was in effect at the time of the violation an automobile liability policy or bond with respect to the operation of the motor vehicle involved.
(d) Notwithstanding any other law in this state, the department shall furnish full information regarding the driving record of any person to:
1. (1) The driver license administrator of any other state, or province or territory of Canada, requesting that information;
2. (2) The commercial driver license information system; and
3. (3) Any employer or prospective employer upon request and payment of a fee of five dollars ($5.00).

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55-10-306(b)(1)

§ 55-50-410. Rulemaking authority.

The department may adopt any rules and regulations necessary to carry out this part.

§ 55-50-411. Where denial of commercial driver license based on medical disqualification not permitted — Suspension.

(a) No person shall be denied issuance or renewal of a commercial driver license nor be deemed medically unqualified to operate a motor vehicle based on the failure to meet motor carrier safety regulations adopted pursuant to § 65-15-111 relative to:
1. (1) Distant visual acuity, if the person has only one (1) eye but the distant visual acuity in the eye meets the requirements of 49 CFR § 391.41(b)(10);
2. (2) A medical history or clinical diagnosis of diabetes mellitus currently requiring insulin, but whose medical history indicates that the insulin controls the diabetes to the extent that the condition is not likely to cause any loss of ability to control a motor vehicle;
3. (3) Classification as an American Heart Association functional Class I or II heart patient, according to the American Heart Association functional classification system; or
4. (4) Implantation of an automated implantable cardiac defibrillator due to:
  1. (A) A sudden death event; provided, that the person submits to the department a certified statement from a physician duly licensed to practice medicine that the defibrillator has not fired within the six-month period prior to the date of the statement; or
  2. (B) A prophylactic reason;
5. if the driver satisfies all other applicable state and federal requirements for the issuance of a commercial driver license, and the conditions of subsection (b) are met.
(b) In addition to the requirements of subsection (a), the following conditions shall also be met:
1. (1) The driver shall operate a commercial motor vehicle only in intrastate commerce in this state; and
2. (2) The driver shall not transport hazardous materials required to be placarded under applicable federal law except as provided by 49 CFR § 391.41(b) nor operate a common carrier motor vehicle for the transporting of passengers for hire.
(c) Any driver who, after issuance of a commercial driver license under this section, fails to meet the conditions imposed by this section, shall be subject to the suspension provisions of § 55-50-405. The commissioner may suspend for life the commercial driver license of any driver found to have committed a serious traffic violation or reportable accident related to the driver's medical condition as provided in this section.
(d) This section shall not be valid if enforcement of this section would result in the loss of or the disqualification for federal funding for any state agency or program.

§ 55-50-412. Approaching and driving over a railroad highway grade crossing.

(a) It is unlawful for the operator of a commercial motor vehicle to fail to:
1. (1) Slow down and check that the railroad highway grade crossing is clear of an approaching train, if the driver is not required by § 55-8-147 to always stop at the crossing;
2. (2) Stop before reaching the railroad highway grade crossing, if the tracks are not clear, if the driver is not required to always stop, pursuant to § 55-8-147;
3. (3) Have sufficient space to drive completely through the railroad highway grade crossing without stopping; or
4. (4) Negotiate a railroad highway grade crossing because of insufficient undercarriage clearance.
(b) A violation of this section is a Class C misdemeanor, punishable by a fine only.

§ 55-50-413. Valid medical card required.

(a)
1. (1) Beginning January 1, 2011, all persons holding valid commercial driver licenses issued by this state shall be required to maintain a valid medical card and provide the department a copy of each medical card issued, or provide evidence of an exemption from the medical card requirements.
2. (2) Persons who apply for a commercial driver license on or after January 1, 2012, will be required to provide the department with a copy of their current medical card or provide evidence of an exemption from the medical card requirements prior to issuance of a commercial driver license.
(b) The copies shall be provided in a manner prescribed by the department.
(c) A commercial driver who fails to maintain current proof of the driver's medical card with the department shall be subject to cancellation of the driver's commercial driver license.
(d) This section shall not apply to a person holding a commercial driver license to perform transportation services as an employee of the federal government, a state, a political subdivision of a state, or an agency established under a compact between states that has been approved by the congress of the United States; provided, however, that the exemption created by this subsection (d) shall not apply to a passenger, school bus or hazardous material endorsement.

§ 55-50-414. Farm-related service industry employee restricted commercial driver license.

(a) The commissioner may issue a farm-related service industry employee restricted commercial driver license to a person who:
1. (1) Is an employee of:
  1. (A) An agri-chemical business;
  2. (B) A custom harvester;
  3. (C) A farm retail outlet or supplier; or
  4. (D) A livestock feeder;
2. (2) Satisfies all of the requirements for issuance of a commercial driver license under this chapter other than the written and driving test requirement in § 55-50-404(b);
3. (3) Holds a valid driver license;
4. (4) Has at least one (1) year of driving experience as a licensed driver; and
5. (5) Has a good driving history, as defined in subsection (b), for:
  1. (A) The person's entire driving history, if the person only has between one (1) and two (2) years of driving experience as a licensed driver; or
  2. (B) The two (2) most recent years of the person's driving history, if the person has more than two (2) years of driving experience as a licensed driver.
(b) For purposes of subdivision (a)(5), a person has a good driving history, if the person has not:
1. (1) Had more than one (1) driver license;
2. (2) Had any driver license suspended, revoked, or cancelled;
3. (3) Been convicted of any offense or serious traffic violation that is a disqualifying offense or violation under § 55-50-405(f);
4. (4) Been convicted of any law or ordinance relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; or
5. (5) Been at fault in a motor vehicle accident.
(c) A farm-related service industry employee restricted commercial driver license entitles the licensee to operate commercial motor vehicles other than Class A vehicles.
(d) A farm-related service industry employee restricted commercial driver license authorizes operation of a commercial motor vehicle only during the seasonal period or periods prescribed by the commissioner and stated on the license; provided, that the total number of calendar days in any twelve-month period for which the farm-related service industry employee restricted commercial driver license authorizes operation of a commercial motor vehicle must not exceed one hundred eighty (180) days. A farm-related service industry employee restricted commercial driver license is valid for operation of a commercial motor vehicle during the seasonal period or periods for which it has been validated and must be revalidated annually by the department for each successive seasonal period or periods for which commercial vehicle operation is sought. A farm-related service industry employee restricted commercial driver license authorizes operation of noncommercial motor vehicles at any time, unless it has been suspended, revoked, or cancelled, or has expired.
(e) A farm-related service industry employee restricted commercial driver license does not authorize operation of a commercial motor vehicle during any period when the licensee is not employed by an entity described in subdivision (a)(1), nor if when operation of the commercial motor vehicle is not directly related to the licensee's employment.
(f) A farm-related service industry employee restricted commercial driver license does not authorize the licensee to operate any vehicle transporting hazardous materials, except that a licensee may drive a vehicle transporting:
1. (1) Diesel fuel in quantities of one thousand gallons (1,000 gals.), or less;
2. (2) Liquid fertilizers in a vehicle or implement of husbandry with a total capacity of three thousand gallons (3,000 gals.) or less; or
3. (3) Solid fertilizers that are not transported with any organic substance.
(g) A farm-related service industry employee restricted commercial driver license authorizes the operation of a commercial motor vehicle only within one hundred fifty miles (150 mi.) of the place of business of the licensee's employer or the farm being served.
(h) A person may not be the holder of a farm-related service industry employee restricted commercial driver license and an unrestricted commercial driver license at the same time.

§ 55-50-415. Third-party skill testing program.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Entity” means:
  1. (A) A private corporation with at least one (1) employee, licensed to do business by the secretary of state, but not an individual person; or
  2. (B) A local, county, or state government, or subdivision thereof, including, but not limited to, kindergarten through grade twelve (K-12) public schools and institutions of higher education;
2. (2) “Third-party skills test” means the skills test required to obtain a commercial driver license that is administered by a third-party skills test examiner and that includes, but is not limited to, the pre-trip inspection, basic skills, and road skills;
3. (3) “Third-party skills test company” means an entity that contracts with and is certified by the department to provide third-party skills tests performed by third-party skills test examiners; and
4. (4) “Third-party skills test examiner” means an individual who has been authorized by the department to perform third-party skills tests.
(b) There is established a third-party skills testing program administered by the department for the purpose of facilitating the testing and licensure of commercial drivers. In furtherance of the program:
1. (1) The department may contract with one (1) or more third-party skills test companies, subject to applicable contracting statutes and regulations; and
2. (2) The department may charge a third-party skills test company an annual fee not to exceed five hundred dollars ($500) to cover the costs of administering the program. The department shall establish the annual fee by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department may allow the fee to be waived for a public entity that becomes a third-party skills test company.
(c) An entity applying to be a third-party skills test company:
1. (1) Must have access to an appropriate testing area within this state that the department approves for conducting third-party skills tests;
2. (2) Must agree to charge a test taker no more than two hundred fifty dollars ($250) per third-party skills test, including the test itself and all associated fees and charges;
3. (3) Must agree to issue to a successful test taker an indicator of passage on the skills test, either on a form developed by the department or by other means authorized by the department, which may include electronic means;
4. (4) Must initiate and maintain a bond in an amount determined by the department to be sufficient to pay for retesting drivers in the event that the third-party skills test company or one (1) or more of its third-party skills test examiners working for the company is involved in fraudulent activities related to testing applicants for a CDL. A third-party skills test company that is a government entity is not required to maintain a bond; and
5. (5) Must satisfy other eligibility criteria as the department may establish by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) An individual applying to be a third-party skills test examiner:
1. (1) Must be at least twenty-one (21) years of age;
2. (2) Must possess a valid CDL with the classification and endorsement commensurate with the third-party skills test that the individual is applying to administer;
3. (3) Must possess a valid medical card or certificate;
4. (4) Must provide the individual's ten-year driving history. If the individual's entire driving history is shorter than ten (10) years, then the individual must provide the individual's entire driving history;
5. (5) Must not have been convicted of:
  1. (A) A misdemeanor within the past ten (10) years resulting from the applicant driving while intoxicated;
  2. (B) A felony within the past ten (10) years; or
  3. (C) A crime involving fraudulent activities;
6. (6) Must complete the department's initial training program; and
7. (7) Must satisfy other eligibility criteria as the department may establish by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) An application to become a third-party skills test company or a third-party skills test examiner must be submitted to the department on a form and in a manner as the department may prescribe.
(f) A CDL applicant shall remit payment for the administration of a third-party skills test to the third-party skills test company, regardless of whether the skills test was administered by a third-party skills test examiner who is an employee of the company or a contractor for the company.
(g)
1. (1) A third-party skills test examiner must perform a minimum of thirty (30) third-party skills tests per year. A third-party skills test counts toward this requirement whether or not the test was administered to a person employed by or attending a training program sponsored by the third-party skills test company with which the examiner is associated. If a third-party skills test examiner does not meet this requirement, then the third-party skills test examiner must either take a refresher training course administered by the department or have a state-employed CDL examiner co-score the next third-party skills test that the third-party skills test examiner administers.
2. (2)
  1. (A) Notwithstanding subdivision (g)(1), a third-party skills test examiner who is unable to perform the required thirty (30) third-party skills tests per year may apply to the department of safety for a waiver of this requirement.
  2. (B) The commissioner or the commissioner's designee may grant the waiver upon good cause shown.
  3. (C) If the waiver is denied, then compliance with subdivision (g)(1) is required.
(h) Each third-party skills test company and each area where third-party skills tests are administered must be inspected by the department on initial application. Thereafter, inspections may occur at the discretion of the department or the FMCSA.
(i) Third-party skills test companies and third-party skills test examiners must keep accurate records of all skills tests administered and the results of the tests administered, including whether an applicant passed or failed each portion of the skills test. These records must be available during normal business hours for audit or inspection by the department or the FMCSA. Failure to comply with department records requirements may result in disciplinary action up to and including termination of the third-party testing company's contract with the department. A CDL driver whose testing cannot be verified because a third-party skills test company or a third-party skills test examiner failed to keep or produce accurate records may be required to undergo a re-examination of one (1) or more aspects of the skills test by the department.
(j) A third-party skills test examiner may apply to the department to be authorized to perform school bus (S) endorsement skills testing pursuant to rules promulgated by the department in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(k)
1. (1) A third-party skills test company is not an agent of the department.
2. (2) A third-party skills test examiner must be an employee or a contractor of a third-party testing company, and a third-party skills test examiner is not an agent or employee of the department for any purpose.

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§ 55-50-416. Entry-level driver training.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Approved FMCSA training provider” means an entity that is listed on the FMCSA training provider registry; and
2. (2) “Entry-level driver training” means training that a driver receives from an entity listed on the FMCSA training provider registry prior to the driver:
  1. (A) Taking a skills test required to receive a Class A or Class B driver license for the first time;
  2. (B) Taking a skills test required to upgrade to a Class A or Class B driver license;
  3. (C) Taking a skills test required to obtain a passenger (P) endorsement for the first time;
  4. (D) Taking a skills test required to obtain a school bus (S) endorsement for the first time; or
  5. (E) Taking a test required to obtain a hazardous materials (H) endorsement for the first time.
(b)
1. (1)
  1. (A) Prior to being issued a Class A or Class B driver license for the first time or upgrading to a Class A or Class B driver license, an applicant must complete entry-level driver training that includes driving theory and behind-the-wheel instruction on an open range and on public roads.
  2. (B) Prior to being issued a passenger (P), school bus (S), or hazardous materials (H) endorsement for the first time, an applicant must complete the entry-level driver training appropriate for that endorsement.
  3. (C) Except for a driver seeking a hazardous materials (H) endorsement for the first time, the theory instruction and the behind-the-wheel instruction portions of the driver's entry-level driver training must be completed within one (1) year of each other.
2. (2) The following applicants are not required to comply with the requirements of subdivision (b)(1):
  1. (A) An applicant who is eligible for a skills test waiver pursuant to § 55-50-322(b)(2); and
  2. (B) An applicant who is seeking to remove a restriction in accordance with 49 CFR 383.135(b)(7).
3. (3) An applicant for a CDL, CLP, or an endorsement for a CDL or CLP must comply with the requirements of 49 CFR § 380.600 et seq. in addition to other federal or state regulations, and all subsequent amendments promulgated, approved, and adopted by the FMCSA.

§ 55-50-417. Federal clearinghouse.

(a) As used in this section, unless the context otherwise requires:
1. (1) “CDLIS” means the commercial driver license information system maintained by the FMCSA;
2. (2) “Clearinghouse” means the drug and alcohol clearinghouse maintained by the FMCSA; and
3. (3) “Downgrade”:
  1. (A) Means:
    1. (i) To change a driver's self-certification to interstate, but operating exclusively in transportation or operations excepted from 49 CFR Part 391, as provided in 49 CFR 390.3(f), 49 CFR 391.2, 49 CFR 391.68, or 49 CFR 398.3;
    2. (ii) To change a driver's self-certification to intrastate only, if the driver qualifies under the department's physical qualification requirements for intrastate only;
    3. (iii) To change a driver's self-certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the driver qualification requirements; or
    4. (iv) To remove a CLP or CDL privilege from a driver license; and
  2. (B) Includes recording the change on the driver's CDLIS driver record.
(b) Beginning November 1, 2024, and prior to the issuance of a new CLP or CDL, a renewal of a CLP or CDL, a transfer of a CLP or CDL to another state, or an upgrade to a different class of CDL, the department shall request the driver's record from the clearinghouse.
(c) If the department receives notification from the clearinghouse that pursuant to federal regulations the driver is prohibited from operating a commercial motor vehicle, regardless of whether that notification is received in response to a request under subsection (b), then the department shall not issue, renew, transfer, or upgrade the driver's CLP or CDL. The department shall downgrade a driver's CLP or CDL within sixty (60) days of the department's receipt of the notification.
(d)
1. (1) If the department receives notification from the clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle before the department has finished downgrading the driver's CLP or CDL, then the department shall not downgrade the driver's CLP or CDL.
2. (2) If the department receives notification from the clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle after the department has finished downgrading the driver's CLP or CDL, then the department shall make the driver eligible for reinstatement of the driver's CLP or CDL privilege.
3. (3) If the department receives notification from the clearinghouse that the driver was erroneously identified as being prohibited from operating a commercial motor vehicle after the department has finished downgrading the driver's CLP or CDL, then the department shall:
  1. (A) Reinstate the CLP or CDL privilege to the driver's license as expeditiously as possible; and
  2. (B) Expunge any reference related to the driver's erroneous prohibited status from the CDLIS driver record and, if applicable, the driver's motor vehicle record.

§ 55-50-418. Audits — Research partnership.

1. (a) The department shall periodically audit CDL skills tests conducted by department employees. The audit may include, but is not limited to, overt observation of skills examinations, covert observations of skills examinations, and co-scoring of skills examinations.
2. (b) By January 1, 2023, the department shall prepare informational materials for individuals preparing to take the CDL skills tests.
3. (c) The department is authorized to partner with institutions of higher education to conduct research related to commercial drivers and CDLs, strategies to promote driving careers in the commercial trucking industry, and strategies to better enable drivers to obtain and retain CDLs.

Part 5 Suspension and Revocation

§ 55-50-501. Mandatory revocation of licenses — Causes — Suspension of license until judgment for personal or property damage paid.

(a) The department shall forthwith revoke the license of any operator or chauffeur upon receiving a record of the operator's or chauffeur's conviction of any of the following offenses, when the conviction has become final:
1. (1) Manslaughter resulting from the operation of a motor vehicle. The period of revocation in this instance shall extend for the term of the sentence received by the convicted person. If the person is released on parole prior to the end of the sentence, an operator's license may be reissued on petition of the person's probation and parole officer and upon satisfactory completion of a complete licensing examination, subject to the approval of the commissioner. In the case of a conviction for vehicular homicide, the department shall revoke the license for the period of time the court prohibited the person from driving a vehicle pursuant to § 39-13-213(c);
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  - 55-50-502(f)(3)
  - 55-50-502(f)(4)
2. (2) Driving a motor vehicle while under the influence of an intoxicant, or while under the influence of narcotic drugs, or while under the influence of drugs producing stimulating effects on the central nervous system. For the purpose of this section, “drugs producing stimulating effects on the central nervous system” includes the salts of barbituric acid, also known as malonyl urea, or any compound, derivatives, or mixtures thereof that may be used for producing hypnotic or somnifacient effects, and includes amphetamine, desoxyephedrine or compounds or mixtures thereof, including all derivatives of phenolethylamine or any of the salts thereof, except preparations intended for use in the nose and unfit for internal use;
3. (3) Any felony in the commission of which a motor vehicle is used;
4. (4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
5. (5) Knowingly displaying or causing or permitting to be displayed or having in possession any cancelled, revoked, suspended, fictitious or fraudulently altered operator's or chauffeur's license, or displaying or representing as one's own any operator's or chauffeur's license not issued to the person or using a false or fictitious name in any application for an operator's or chauffeur's license, or knowingly making a false statement, or knowingly concealing a material fact, or otherwise committing a fraud in any such application, or willfully making a false statement to the division under any law relating to the ownership, application or renewal of a motor vehicle operator's or chauffeur's license;
6. (6) Conviction, or forfeiture of bail not vacated, upon two (2) charges of reckless driving committed within a period of twelve (12) months;
7. (7) Possession by a driver of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) while operating a motor vehicle in this state. A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving; or
8. (8) Conviction of violating an out-of-service order and failure to pay a civil penalty assessed by the department under § 55-50-405.
(b) In the event any final judgment for damages to property or personal injury resulting from the negligent operation of any motor vehicle is recovered, and in the event the final judgment is not fully paid, satisfied and discharged within sixty (60) days from the date the judgment becomes final, the department shall forthwith suspend the license of any chauffeur or operator of the motor vehicle against whom the judgment was rendered; and the license shall not be restored to the operator of the vehicle until the final judgment has been fully paid, discharged and satisfied.
(c) The commissioner shall revoke the license of any operator or chauffeur upon receiving the record of the operator's or chauffeur's conviction of the theft of a motor vehicle or any part thereof; and the commissioner shall not consider the convicted person's application for reinstatement for the revoked license until the expiration of the full term of the sentence imposed, whether served during actual imprisonment, probation, parole or suspension. It shall be grounds for the revocation of any such person's parole or probation if the person operates a motor vehicle while the person's license is in revocation pursuant to this subsection (c). It shall be within the discretion of the trial judge who imposed sentence upon the person convicted of the theft of the motor vehicle or any part thereof to reinstate the person's driver license after a reasonable time.
(d) The commissioner shall permanently revoke a school bus endorsement held by any operator or chauffeur upon receiving the record of such operator's or chauffeur's conviction for using a portable electronic device while operating a school bus, as prohibited by § 55-8-192.

1 Backlink

55-10-404(b)

§ 55-50-502. Suspension of licenses — Hearings — Period of suspension or revocation — Surrender of license — Restricted license — Operating under license of another jurisdiction prohibited — Appeal.

(a)
1. (1) The department is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee:
  1. (A) Has committed an offense for which mandatory revocation of license is required upon conviction; provided, that in the event of a conviction resulting from the offense, the time of mandatory revocation shall be counted from the date upon which the driver license was received by the department or the circuit court clerk;
  2. (B) Has contributed as a driver in any accident resulting in the death or personal injury of another or serious property damage;
  3. (C) Has been convicted with a frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways. For purposes of this subdivision (a)(1)(C), no conviction of exceeding the speed limit in a state other than Tennessee shall be considered by the department unless the conviction was for exceeding the lawful speed in the other state by more than five miles per hour (5 mph). This five miles per hour (5 mph) allowance shall not apply in marked school zones;
  4. (D) Is an habitually reckless or negligent driver of a motor vehicle;
  5. (E) Is incompetent to drive a motor vehicle;
  6. (F) Has permitted an unlawful or fraudulent use of the license;
  7. (G) Has committed an offense in another state that if committed in this state would be grounds for suspension or revocation;
  8. (H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense;
  9. (I) Has failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic. No license shall be suspended pursuant to this subdivision (a)(1)(I) for failure to appear in court on or failure to pay a parking ticket or citation or for a violation of § 55-9-603. Any request from the court for suspension under this subdivision (a)(1)(I) must be submitted to the department of safety within six (6) months of the violation date. No suspension action shall be taken by the department unless the request is made within six (6) months of the violation date except in the case where the driver is a commercial license holder, or the violation occurred in a commercial motor vehicle. Prior to suspending the license of any person as authorized in this subsection (a), the department shall notify the licensee in writing of the proposed suspension and, upon the licensee's request, shall afford the licensee an opportunity for a hearing to show that there is an error in the records received by the department; provided, that the request is made within thirty (30) days following the notification of proposed suspension or cancellation. Failure to make the request within the time specified shall without exception constitute a waiver of that right;
  10. (J) Is under eighteen (18) years of age and has withdrawn either voluntarily or involuntarily from a secondary school as provided in § 49-6-3017; or
    3 Backlinks
    
    55-50-321(c)(2)
    55-50-339
    55-50-508(a)
  11. (K)
    1. (i) Has contributed as a driver to the occurrence of an accident on school property, or on a highway with special speed limits, in which a pedestrian child suffers serious bodily injury as the result of the accident;
    2. (ii) As used in this subdivision (a)(1)(K), unless the context otherwise requires:
      1. (a) “Highway with special speed limits” means any highway with reduced speed limits, authorized pursuant to § 55-8-152, when a warning flasher or flashers are in operation, and while children are actually present;
      2. (b) “Pedestrian child” means any person under eighteen (18) years of age afoot, in a mechanized wheelchair or on a nonmotorized wheeled device, including, but not limited to, a bicycle, a scooter, a skateboard, roller skates, in-line skates or a wheelchair;
      3. (c) “School property” means any outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries, as registered in a county register's office; and
      4. (d) “Serious bodily injury” means bodily injury that involves:
        
        (1) A substantial risk of death;
        
        (2) Protracted unconsciousness;
        
        (3) Extreme physical pain;
        
        (4) Protracted or obvious disfigurement; or
        
        (5) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.
2. (2) No municipal law enforcement officer is authorized to seize the license of an operator or chauffeur for a traffic offense in violation of a municipal ordinance or a traffic offense as provided in chapter 8 of this title.
(b)
1. (1) The department is authorized to cancel any operator's or chauffeur's license upon determining that the licensee was not entitled to the issuance of the license or that the licensee failed to give the required or correct information in the application or committed any fraud in making the application.
2. (2) Upon the cancellation, the licensee must surrender the license so cancelled to the department.
(c)
1. (1) The department, upon suspending or revoking a license, shall require that the license be surrendered to and be retained by the department. Prior to the reissuance of any license revoked because of a conviction of driving while under the influence of liquor or an intoxicating drug, after a second or subsequent conviction, the department shall require the owner to submit evidence that the owner has completed a program of alcohol or drug abuse education, or has completed treatment by a physician board certified or eligible in psychiatry or a licensed psychologist certified with competence in clinical psychology; or, at a facility licensed by the department of mental health and substance abuse services to provide this treatment. Certification of the psychiatrist or clinical psychologist or facility licensed by the department of mental health and substance abuse services under this section is not to be construed as a prediction of future behavior but merely certification of completion of the program.
2. (2) When the examination, as required by this subsection (c), is administered by a state supported mental health facility, the facility and medical doctors or doctors of psychology employed by the facility who administer the examinations within the course and scope of the doctor's authority under the statute, shall be immune from tort liability for the proper dissemination of any report or findings to the department of safety that results from the examination; provided, that this immunity shall not extend to any other person, institution, or other member of the private sector, not employed or attached to a state supported mental health facility.
3. (3)
  1. (A)
    1. (i) The trial judge of the court, in which the trial for the offense of operating a vehicle under the influence of alcohol or an intoxicating drug is pending, may order the issuance of a restricted license. The restricted license may only allow the person arrested to operate a motor vehicle for the purpose of going to and from, and working at, the person's regular place of employment, or to operate only a motor vehicle that is equipped with a functioning ignition interlock device, during the period of time between arrest and conviction, dismissal or acquittal. Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license. The trial judge may order the issuance of a restricted license allowing a person, whose license has been suspended due to a conviction for violating § 39-14-151 or chapter 10, part 5 of this title, to operate a motor vehicle for the purpose of going to and from and working at the person's regular place of employment.
    2. (ii) A resident of this state, whose operator's license has been suspended because of an arrest in another jurisdiction on a charge of operating a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, may apply for a restricted motor vehicle operator's license during the period of time between arrest and conviction, dismissal or acquittal. Such resident shall apply for the license with any court of the county of the person's residence having jurisdiction to try charges.
    3. (iii) Any restriction ordered pursuant to this subsection (c) shall be in addition to any restrictions currently placed on the person's driver license.
  2. (B) The judge may order the issuance of a restricted license, if:
    1. (i) Based upon the records of the department of safety the person does not have a prior conviction for a violation of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, or, if the conviction occurs in another state, does not constitute a prior conviction pursuant to § 55-10-405(b);
    2. (ii) No person was seriously injured or killed in the course of the conduct that resulted in the driver's conviction under § 55-10-401.
      1 Backlink
      
      55-10-421(b)
  3. (C) If the trial judge imposes geographic restrictions, the trial judge may issue the order allowing the person so convicted to operate a motor vehicle for the limited purposes of going to and from:
    1. (i) And working at the person's regular place of employment;
    2. (ii) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer;
    3. (iii) A court-ordered alcohol safety program;
    4. (iv) A college or university in the case of a student enrolled full time in the college or university;
    5. (v) A scheduled interlock monitoring appointment;
    6. (vi) A court ordered outpatient alcohol and drug treatment program; and
    7. (vii) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in § 48-101-502(c).
  4. (D) If the violation resulting in the person's conviction for driving under the influence occurred prior to July 1, 2013, the law in effect when the violation occurred shall govern the person's eligibility for a restricted motor vehicle operator license unless the person petitions the court to consider the person's eligibility under the law in effect when the petition is filed.
  5. (E) The person so arrested may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall forthwith issue a restricted license embodying the limitations imposed in the order.
  1 Backlink
  - 39-14-151(b)
4. (4) Where a nonresident whose license has been suspended or revoked by any other state subsequently becomes a bona fide resident of this state, and where the person has been granted a restricted license by the other state if the triggering offense would under the laws of this state provide for the issuance of a restricted driver license upon petition to a judge of the court of general sessions, or its equivalent, for the county wherein the person resides, the court may order the issuance of a restricted motor vehicle operator's license. The court shall have discretion to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device or place additional limitations on the person's restricted license; provided, however, that a restricted license issued pursuant to this subdivision (c)(4) without an ignition interlock requirement shall be subject to geographic restrictions, as provided in subdivision (c)(3), during the mandatory revocation/suspension period. If the person has a prior conviction within the past ten (10) years for a violation of § 55-10-401 or § 55-10-421, in this state or a similar offense in any other jurisdiction, the court shall be required to order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device. The person may obtain a certified copy of the order and within thirty (30) days after it is issued present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall then issue a restricted license embodying the limitations imposed in the order.
1 Backlink
- 55-10-409(b)(2)(A)
(d)
1. (1) This subsection (d) applies statewide.
2. (2) A person whose license has been suspended, pursuant to subdivision (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2), the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(I), may be included in such payment plan, subject to the approval of the court.
3. (3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the local court, or court clerk of the jurisdiction that the person has entered into a payment plan with the local court or the court clerk of the jurisdiction and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.
4. (4) The department shall, upon notice of the person's failure to comply with any payment plan established pursuant to this subsection (d), suspend the license of the person. Persons who default under this subsection (d) shall not be eligible for any future payment plans under this subsection (d). The department shall notify the person in writing of the proposed suspension, and upon request of the person within thirty (30) days of the notification, shall provide the person an opportunity for a hearing to show that the person has, in fact, complied with the local court's or the court clerk's payment plan. Failure to make the request within thirty (30) days of receipt of notification shall, without exception, constitute a waiver of the right.
5. (5) Any person who has defaulted on a pay plan to pay fines and costs for suspension actions taken under subdivision (a)(1)(I), shall not be eligible to participate in a payment plan, nor shall the department of safety have the authority to accept a payment plan as a condition precedent to the restoration of driving privileges.
6. (6) Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d).
(e)
1. (1) Any resident or nonresident whose operator's or chauffeur's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter.
2. (2) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder is subject to suspension or revocation by the department in like manner and for like cause as an operator's or chauffeur's license issued under this chapter may be suspended or revoked.
3. (3) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
4. (4) The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of an operator or chauffeur.
(f)
1. (1) The department shall not suspend a driver license or privilege to drive a motor vehicle on the public highways for a period of more than six (6) months for a first offense nor more than one (1) year for a subsequent offense, except as permitted under § 55-50-504, unless in any case an order of a court provides for a longer period of suspension. At the end of the period for which a license has been suspended, the department is authorized, in its discretion, to require a reexamination of the licensee as a prerequisite to the reissuance of the license.
2. (2) Any person whose license is suspended for driving under the influence of drugs or intoxicants, or for refusal to submit to a blood test under §§ 55-10-406 and 55-10-407, shall have the period of suspension computed from the time that the person's driver license was actually taken from the person's possession, and the period of license suspension shall begin to run from that point until the license is returned.
3. (3) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of one (1) year or the period of suspension prescribed by a court from the date on which the revoked license was surrendered to and received by the department, the person may make application for a new license as provided by law, but the department shall not issue a new license unless and until it is satisfied after investigation of the character, habits and driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. No license that has been revoked, on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle, shall be reissued except as provided in § 55-50-501(a)(1).
4. (4) Where the revocation involved is the first revocation of the license or privilege of the person, the application for a new license may be made after the expiration of six (6) months from the date on which the revoked license was surrendered and received by the department. No license that has been revoked on account of the conviction of the licensee for murder or manslaughter resulting from the operation of a motor vehicle shall be reissued except as provided in § 55-50-501(a)(1).
(g) When considering the suspension of a driver license, the department may take into account offenses committed by that driver outside this state and reported to the department only if the offenses would, under the laws of this state, be considered grounds for suspension in this state. If the offenses would be grounds for suspension in the state of conviction, but not in this state they shall be disregarded by the department.
(h) Drivers of commercial motor vehicles shall have their licenses suspended for violations and for the length of time specified in § 55-50-405.
(i)
1. (1) The department shall establish a method by which any person who makes application for or who holds a commercial driver license may elect an alternate address to which any suspension notices shall be mailed.
2. (2) At least two (2) times per month during two (2) different weeks of the month, the department shall make available for public inspection a list of persons whose commercial driver license has been suspended.
(j)
1. (1) The court shall require every licensee who is convicted of a driving offense and who does not pay the assessed fines and costs in full on the date of disposition to make payments pursuant to an installment payment plan.
2. (2) The clerk of any court that handles traffic citations shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of a driving offense.
3. (3) A person may request, and the court clerk shall grant, modifications to a payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown.
4. (4)
  1. (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (j) that:
    1. (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and
    2. (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (j)(6).
  2. (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (j).
  3. (C)
    1. (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (j), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(4)(C).
    2. (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(4)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan.
    3. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(4)(C)(ii), then the department shall not suspend the person's license.
    4. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (j)(4) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license.
  4. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order and paying the application fee to the department in accordance with subdivision (j)(5)(B), the department shall issue a restricted license in place of the suspended license.
5. (5)
  1. (A) A restricted license issued pursuant to this subsection (j) is valid only for travel necessary for:
    1. (i) Employment;
    2. (ii) School;
    3. (iii) Religious worship;
    4. (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or
    5. (v) Serious illness of the person or an immediate family member.
  2. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a driver license.
6. (6)
  1. (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (j), the court clerk shall notify the department of the person's failure to comply with the payment plan.
  2. (B)
    1. (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (j)(6)(B).
    2. (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (j)(6)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan.
    3. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (j)(6)(B)(ii), then the department shall not revoke the person's restricted license.
  3. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license.
  4. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (j)(6) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (j)(2).
  5. (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (j)(6)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (j)(5)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification is issued, present it, together with an application fee of sixty-five dollars ($65.00), to the department, which shall issue a restricted license embodying the limitations imposed in the certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license.
7. (7) Notwithstanding this subsection (j), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license.
8. (8) The process described by this subsection (j) applies until the person fully pays the moneys owed the court or any outstanding fines or costs are waived by the court.
9. (9) If otherwise eligible for a driver license, any person whose driver license was suspended under subdivision (a)(1)(H), prior to July 1, 2019, for nonpayment of court costs or fines may apply to the court having original jurisdiction over the traffic offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (j). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license.
10. (10) A restricted license issued under this subsection (j) shall not be subject to the requirements of § 55-12-114(b).
(k)
1. (1) This subsection (k) shall apply only in any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census.
2. (2) Notwithstanding § 28-3-110, the court clerk of any municipality may establish an accounts receivable amnesty plan for payment of any outstanding judgment resulting from failure to pay local fines or costs owed by a person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I). The plan shall allow the person to pay the outstanding judgment, older than ten (10) years after the cause of action has commenced, at a reduced rate of fifty percent (50%) during the first six fiscal months of each year.
3. (3) The department is authorized to reinstate a person's driving privileges when the person provides the department with certification from the court clerk of any municipality that the person has paid pursuant to this subsection (k) and has satisfied all other provisions of law relating to the issuance and restoration of a driver license.

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§ 55-50-503. Surrender of license — Forwarding surrendered license and record of convictions to department — Report of convictions — Recommendation of suspension.

(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the operator's or chauffeur's license of the person by the department, the court in which the conviction is had shall require the surrender to it of all operator's and chauffeur's licenses then held by the person so convicted, and the court shall thereupon forward the licenses together with a record of the conviction to the department.
(b) Every court having jurisdiction over offenses committed under this chapter, or any other statute of this state or municipal ordinance of any city or town regulating the operation of motor vehicles on highways, shall forward to the department a record of the conviction of any person in the court for a violation of any of these laws, and may recommend the suspension of the operator's or chauffeur's license of the person so convicted.
(c) For the purpose of this chapter:
1. (1) “Conviction” means a final conviction; and
2. (2) A failure to satisfy a citation or a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

1 Backlink

39-14-151(c)(1)

§ 55-50-504. Driving while license cancelled, suspended or revoked — Minors — Forfeiture — Notice.

(a)
1. (1) A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended, or revoked commits a Class B misdemeanor. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than two (2) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(1); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers.
2. (2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor. Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(2); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a second or subsequent conviction for vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than forty-five (45) days nor more than one (1) year, and, in addition, may be subject to a fine of not more than three thousand dollars ($3,000).
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  - 41-2-128(c)(1)
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(b) No person shall cause or knowingly permit the person's child or ward under eighteen (18) years of age to drive a motor vehicle upon any highway when the minor is not authorized hereunder or in violation of any of the provisions of this chapter.
(c) No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter.
(d) No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.
(e) No person charged with violating this section for a violation of § 39-13-213, § 55-10-101, § 55-10-102 or § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 — 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, nor shall any person convicted under this section for a violation of § 39-13-213, § 55-10-101, § 55-10-102 or § 55-10-401 be eligible for probation, or any other provision of law authorizing probation, until the person has fully served day for day at least the minimum sentence provided by law.
(f) If the court suspends the prosecution and dismisses the charges pursuant to §§ 40-15-102 — 40-15-105, and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, the court shall forward to the department a record of the dismissal or diversion action. The person will then be required to meet the financial responsibility requirements pursuant to chapter 12 of this title prior to the reinstatement of any driving privileges.
(g)
1. (1) The vehicle used in the commission of a person's violation of § 55-50-504, when the original suspension or revocation was made for a violation of § 55-10-401, or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (g).
2. (2) For purposes of clarifying this subsection (g) and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while the person's driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while the person's driving privileges are cancelled, suspended or revoked is not required.
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(h) Notwithstanding any other law to the contrary, revocation or suspension of a license shall not take effect until ten (10) days after notice has been sent to the last known address of the driver. The notice requirement in this subsection (h) shall not apply to a driver whose license has been revoked or suspended by a court of competent jurisdiction or who has surrendered the license to the court.
(i)
1. (1) Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction.
2. (2) Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits.
3. (3) Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout's being introduced into evidence.
(j) Notwithstanding subdivision (a)(1), a person who drives a motor vehicle without a functioning ignition interlock device installed on such vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person was required by law to drive only a motor vehicle equipped with a functioning ignition interlock device commits a Class B misdemeanor and shall be punished by confinement for not less than seven (7) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000).

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§ 55-50-505. Driver improvement program — Points — Suspension — Restrictions — Incompetent or unqualified drivers — Reexamination.

(a)
1. (1)
  1. (A) The department shall conduct a driver improvement program whereby it is authorized to evaluate driver records based on accidents and/or convictions for traffic violations of the drivers, and may assign a point value according to the seriousness of the accident or moving traffic violation conviction.
  2. (B) When the records of the department indicate that a person has been convicted of moving traffic violations or involved in accidents and has accumulated sufficient points, the department may notify the person in writing that the person's driving privilege is being placed under suspension. Notice is to be sent by United States mail to the last known address and will notify the person that the person may request a hearing to determine whether or not the suspension action is proper.
  3. (C)
    1. (i) The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver.
    2. (ii) The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a “vehicle special use (09) police,” “(10) ambulance,” or “(11) fire apparatus” and on which the report indicates the driver presence as “driver operated government vehicle”; provided, that the driver is not charged with vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, aggravated vehicular homicide under § 39-13-218, reckless driving under § 55-10-205, or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401.
  4. (D) Prior to reinstatement of the license, the person shall file and maintain proof of financial responsibility as required under § 55-12-114 and pay the restoration fee as required under § 55-12-126.
2. (2) Drivers subject to subdivision (a)(1) who are less than eighteen (18) years of age on the event date of any crash or moving traffic violation shall be required to file proof of financial responsibility pursuant to chapter 12 of this title.
(b) The department may, upon receiving evidence sufficient to establish that a licensed driver is incompetent or otherwise not qualified to be licensed, upon written notice of at least twenty (20) days to the licensee, require the driver to submit to a driver license examination and/or submit any other information deemed appropriate by the commissioner. The department shall take action as may be appropriate and may suspend the license of the person or permit the driver to retain the license, or may issue a license subject to restrictions as permitted under § 55-50-331(d) and (e). Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension of the driver license.
(c) All judges having jurisdiction over offenses committed under any statute of this state or municipal ordinance of any city or town regulating the operation of motor vehicles on highways shall have the authority to require any person brought before the court for an alleged violation to submit to a reexamination by the department when the judge has good cause to believe that the person would not be able to operate a motor vehicle safely upon the highways, or at the discretion of the judge, would create a hazard to the driving public. However, the license of the person shall not be withheld or suspended pending the reexamination. Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension or revocation of the license.

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§ 55-50-506. Driving while in possession of methamphetamine.

(a)
1. (1) A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex, apartment house complex or any other premises frequented by the public at large while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), commits a Class B misdemeanor and is subject to a fine only of not more than five hundred dollars ($500).
2. (2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor punishable by a fine only of not more than one thousand dollars ($1,000).
(b) Upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), the department shall revoke the person's license for five (5) years.
(c)
1. (1) Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section, the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction.
2. (2) Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits.
3. (3) Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout being introduced into evidence.
(d)
1. (1) The vehicle used in the commission of a person's violation of this section is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (d).
2. (2) In order for subdivision (d)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur in Tennessee.
3. (3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's conviction of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while transporting drugs. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads and lessening the pernicious influence of methamphetamine upon Tennessee's families, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while transporting drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who use a motor vehicle for the transportation of drugs.
4. (4) Only POST-certified or state-commissioned law enforcement officers shall be authorized to seize vehicles under this section.

§ 55-50-507. Community service in lieu of payment of fines and costs.

By a majority vote of the applicable local legislative body, any county or city may, by resolution or ordinance, establish a program that allows any person who is indigent and who has been convicted of driving while the person's license is cancelled, suspended, or revoked in violation of § 55-50-504(a) to complete community service work in lieu of paying the fines and other costs imposed for the conviction. The community service program shall be administered and monitored by the appropriate entity that administers court-ordered community service within the applicable jurisdiction.

§ 55-50-508. Minors withdrawn from secondary school — Administrative review of license revocation.

(a) Any person who has received a notice of revocation under § 55-50-502(a)(1)(J) may request an administrative review. The request shall be accompanied by any relevant evidence, deemed appropriate by the department, which the person wants the department to consider in reviewing the determination made pursuant to § 49-6-3017.
(b) When a request for administrative review is made, the department shall review the determination made pursuant to § 49-6-3017. In the review, the department shall give consideration to any relevant evidence accompanying the request for the review. If the department determines, by the preponderance of the evidence, that the person has withdrawn from school, the department shall sustain the order of revocation. If the evidence does not support that determination, the department must rescind the order of revocation. The determination of the department upon administrative review is final unless a hearing is requested under § 55-50-509.
(c) The department shall make a determination upon administrative review prior to the effective date of the revocation order if the request for the review is received by the department within fifteen (15) days following service of the notice of revocation. Where the request for administrative review is received by the department more than fifteen (15) days following service of the notice of revocation, the department shall make its determination within seven (7) days following the receipt of the request for review.
(d) A request for administrative review does not stay the license revocation. If the department is unable to make a determination within the time limits specified in subsection (c), it shall stay the revocation pending that determination.
(e) The request for administrative review and submission of relevant evidence shall be made by mail on a form supplied by the department. The department shall provide forms that the person may use to request an administrative review and to submit a sworn statement, but use of the forms is not required.

§ 55-50-509. Minors withdrawn from secondary school — Revocation hearing.

(a) Any person who has received a notice of revocation may make a written request for a review of the department's determination by the department at a hearing. The request shall be made on a form available from the department. If the person's driver license has not been previously surrendered, it must be surrendered at the time the request for a hearing is made. A request for a hearing does not stay the license revocation.
(b) The hearing shall be scheduled to be held as quickly as practicable within not more than twenty (20) days of the filing of the request for a hearing. The hearing shall be held at a place designated by the department, unless the parties agree to a different location. The department shall provide a written notice of the time and place of the hearing to the party requesting the hearing at least ten (10) days prior to the scheduled hearing, unless the parties agree to waive this requirement.
(c) The presiding hearing officer shall be the commissioner or an authorized representative designated by the commissioner. The presiding hearing officer shall have the authority to:
1. (1) Administer oaths and affirmations;
2. (2) Examine witnesses and take testimony;
3. (3) Receive relevant evidence;
4. (4) Issue subpoenas, take depositions, or cause depositions or interrogatories to be taken;
5. (5) Regulate the course and conduct of the hearing; and
6. (6) Make a final ruling on the issue.
(d) The sole issue at the hearing shall be whether by a preponderance of the evidence the person has withdrawn from school. If the presiding hearing officer finds in the affirmative on this issue, the revocation order shall be sustained. If the presiding hearing officer finds the negative on this issue, the revocation order shall be rescinded.
(e) The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy will be provided to the person who requested the hearing.
(f) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the department's earlier determination shall be final.
(g) Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.

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§ 55-50-510. Minors withdrawn from secondary school — Judicial review of license revocation.

(a) Within thirty (30) days of the issuance of the final determination of the department following a hearing under § 55-50-509, a person aggrieved by the determination shall have the right to file a petition in the chancery court of the county of the person's residence for judicial review. The filing of a petition for judicial review shall not stay the revocation order.
(b) The review shall be on the record, without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination.

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55-50-511

§ 55-50-511. Applicability of Uniform Administrative Procedures Act.

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to the extent it is consistent with proceedings under §§ 55-50-509 and 55-50-510 relating to the administrative hearing and judicial review.

§ 55-50-512. Order of suspension for a conviction or adjudication.

(a) The trial judge of the court wherein a juvenile is convicted, or the judge of the juvenile court wherein a juvenile is adjudicated delinquent, for committing an offense requiring a mandatory calendar year suspension from school as mandated by § 49-6-3401(g), or for an offense for suspension or expulsion authorized by § 49-6-3401(a) resulting in a one-year expulsion pursuant to § 49-6-3401(c)(4), may order the suspension of the juvenile's driver license until the juvenile reaches eighteen (18) years of age or up to a period of two (2) years from the date of the commission of the offense, whichever is later.
(b) Upon an order of suspension for a conviction or adjudication as required by subsection (a), the court shall require the surrender to the court of all operator's licenses then held by the juvenile so convicted or adjudicated delinquent, and the court upon receipt shall forward the licenses to the department together with a record of the conviction or adjudication, and may recommend the suspension of the operator's license of the person so convicted or adjudicated delinquent.

Part 6 Penalties

§ 55-50-601. Misdemeanors.

It is a Class C misdemeanor for any person to:
1. (1) Display or cause or permit to be displayed, or have in the person's possession, any cancelled, revoked, suspended, or fraudulently altered driver license, certificate of driving or other government-issued photo identification document;
2. (2) Lend a driver license, certificate of driving or other government-issued photo identification document to any other person or knowingly permit the use thereof by another;
3. (3) Display or represent as one's own any driver license, certificate of driving or other government-issued photo identification document not issued to the person;
4. (4) Fail or refuse to surrender to the department upon its lawful demand any driver license, certificate of driving or other government-issued photo identification document that has been suspended, revoked, or cancelled;
5. (5) Permit or commit any unlawful use of a driver license, certificate of driving or other government-issued photo identification document issued to the person;
6. (6) Do any act forbidden or fail to perform any act required by this chapter, notwithstanding any contrary law; or
7. (7) Display or have in possession any photograph, photostat, duplicate, reproduction or facsimile of any driver license, certificate of driving or other government-issued photo identification document unless authorized by this chapter.

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40-7-118(b)(3)(C)

§ 55-50-602. Reproductions or facsimiles — Penalties.

(a) It is an offense for any person to:
1. (1) Photograph, photostat, duplicate or in any way reproduce any driver license, certificate of driving or other government-issued photo identification document or facsimile thereof in such a manner that it could be mistaken for a valid license, certificate of driving or other government-issued photo identification document; or
2. (2) Issue, sell or cause to be sold a driver license, certificate of driving or other government-issued photo identification document or facsimile thereof unless sold in compliance with this chapter.
(b) A violation of subsection (a) for the first time is a Class A misdemeanor. A second or subsequent violation of subsection (a) is a Class E felony, with suspension of driving privileges for a period of not less than one (1) year nor more than five (5) years, or for a period of time commensurate with the sentence imposed. A violation of subsection (a) in connection with an act of terrorism, a planned act of terrorism, or an attempted act of terrorism, is a Class B felony, with a permanent and irrevocable suspension of driving privileges; provided, however, that the defendant knew or should have known at the time of the offense that the driver's license or facsimile would be used in that manner.

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§ 55-50-603. Penalty for other violations.

Any person violating any of the provisions of this chapter for which punishment has not been otherwise provided for in this chapter commits a Class B misdemeanor.

§ 55-50-604. Disposition of fines, penalties and forfeitures.

All fines, penalties and forfeitures of bonds imposed or collected under this chapter shall be paid over within fifteen (15) days following the last day of the month in which the fines, penalties and forfeitures of bonds were received to the department of safety with a statement accompanying the same, setting forth the action or proceedings in which the moneys were collected, the name and residence of the defendant, the nature of the offense, and fine, penalty, forfeiture, or sentence, if any, imposed.

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55-10-307(a)

Part 7 Reciprocity Agreements

§ 55-50-701. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Citation” means any citation, summons, ticket, or other document issued by an arresting officer for violation of a traffic law, ordinance, rule, or regulation, ordering the arrested motorist to appear in court or before a magistrate;
2. (2) “Collateral” or “bond” means any cash or other security deposited to secure an appearance for trial, following a citation by an arresting officer for violation of a traffic law, ordinance, rules or regulation;
3. (3) “Commissioner” means the commissioner of safety;
4. (4) “Department” means department of safety;
5. (5) “License” means any operator's or chauffeur's permit or any other license or permit to operate a motor vehicle issued under the laws of a reciprocating state including:
  1. (A) Any temporary or learner's permit;
  2. (B) The privilege of any person to drive a motor vehicle whether or not the person holds a valid license; and
  3. (C) Any nonresident's operating privilege conferred upon a nonresident of a state pertaining to the operation by the person of a motor vehicle in that state;
6. (6) “Nonresident” refers only to a person who is a resident of or holds an operator's or chauffeur's license issued by a reciprocating state;
7. (7) “Personal recognizance” means a signed agreement by an arrested motorist that the motorist will comply with the terms of the citation served upon the motorist at the time of arrest;
8. (8) “Reciprocating state” means any state that extends by its laws or by written agreement with this state to residents of this state substantially the rights and privileges provided by this part; and
9. (9) “State” means the state of Tennessee.

§ 55-50-702. Authority to make agreements — Contents of agreement.

(a) The commissioner may execute a reciprocal compact or agreement not inconsistent with this part with the motor vehicle administrator or other authorized official of any other state concerning the appearance of a person licensed in one (1) state to answer a summons for a traffic violation issued by the other state.
(b) The compact shall provide that if a person licensed by either state is issued a summons by the other state for a moving traffic violation covered by the compact or agreement, the person shall not be detained or required to furnish bail or collateral, and that if the person fails to appear in response to the summons, the person's license may be suspended by the state that issued the license until the person submits to the jurisdiction of the court in which the summons is returnable.
(c) The compact shall also provide terms and procedures as are necessary and proper to facilitate its administration.

§ 55-50-703. Procedures used by law enforcement officers.

(a) Notwithstanding any other law to the contrary, a law enforcement officer observing a violation of a traffic law, ordinance, rule, or regulation by a nonresident shall issue a citation as appropriate and shall not, subject to subsection (b), require the nonresident to post collateral or bond to secure appearance for trial, but shall accept the nonresident's personal recognizance; provided, that the nonresident has the right upon request to post collateral or bond in a manner provided by law and in that case this part shall not apply.
(b) No nonresident shall be entitled to be released on personal recognizance if the offense is one that would result in the suspension or revocation of a person's license under the laws of this state.
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(c) Upon the failure of the nonresident to comply with the citation, the law enforcement officer shall obtain a warrant for arrest and shall report the noncompliance to the department. The report of noncompliance shall clearly identify the nonresident; describe the violation, specifying the section of the statute, code, or ordinance violated; indicate the location and date of the offense; identify the vehicle involved; bear the signature of the law enforcement officer; and contain a copy of the personal recognizance signed by the nonresident.

§ 55-50-704. Noncompliance — Powers and duties of commissioner.

(a) Upon receipt of a report of noncompliance, the department shall transmit a certified copy of the report to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident is licensed.
(b) When the licensing authority of a reciprocating state reports that a person holding a Tennessee license has failed to comply with a citation issued in that state, the commissioner shall forthwith suspend the person's license. The order of suspension shall indicate the reason for the order and shall notify the person that the license shall remain suspended until the person has furnished evidence satisfactory to the commissioner that the person has complied with the terms of the citation that was the basis for the suspension order by appearing before the court to which the person was cited and complying with any order entered by the court.
(c) A copy of any suspension order issued under this section shall be furnished to the licensing authority of the reciprocating state.
(d) The commissioner shall maintain a current listing of reciprocating states under this part. The lists shall from time to time be disseminated among the appropriate departments, divisions, bureaus, and agencies of this state; the principal law enforcement officers of the several counties, cities, and towns of this state; and the licensing authorities in reciprocating states.
(e) The commissioner has the authority to execute or make agreements, arrangements, or declarations to carry out this part.

§ 55-50-705. Nonresidents — Citation — Collateral or bond — Surrender of nonresident's license — Temporary driving permit.

(a) Notwithstanding any other law to the contrary, a Tennessee highway patrol officer observing a violation of a traffic law, ordinance, rule or regulation by a nonresident shall issue a citation as appropriate and shall require the nonresident to post collateral or bond to secure appearance for trial. In the event that a nonresident fails to post collateral or bond, the nonresident shall surrender any chauffeur's or operator's license to the highway patrol, after which the highway patrol officer shall issue to the offending nonresident a temporary driving permit.
(b)
1. (1) The temporary driving permit will entitle the nonresident holder thereof to lawfully drive on the roads and highways of this state or any other state:
  1. (A) Until the time the traffic violation is appropriately adjudicated in a court of law of proper jurisdiction;
  2. (B) For thirty (30) days after the adjudication, during which time the court or the department shall be able to determine whether or not the nonresident will comply with the decree of the court; and
2. (2) The temporary driving permit shall state on its face the period of its validity which shall be not less than the period of time covered by subdivisions (b)(1)(A) and (B).
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(c)
1. (1) In the event that the court determines that the nonresident violator is guilty of the offenses charged, the surrendered license shall only be returned when the nonresident appropriately complies with the decree of the court.
2. (2) In the event that the court determines that the nonresident is not guilty of the offenses charged, the surrendered license shall immediately be returned to the nonresident.
(d) Upon the failure of any nonresident to comply with the issued citation, the highway patrol officer shall otherwise comply with § 55-50-703(b) and (c), except for the personal recognizances requirements, and other applicable Tennessee law.
(e) The procedures for surrendering the nonresident license, issuing a receipt for the license and the forwarding of the license to the department shall be, to the extent possible, the same as the procedures set forth in part 8 of this chapter, relative to deposit of a license in lieu of bail, as shall be determined to be practicable.
(f) In order to effectuate this section, the department is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(g) The department is directed to suitably fashion a temporary driving permit that may be issued to certain nonresident drivers as provided for in this section.

Part 8 Deposit of License in Lieu of Bail

§ 55-50-801. Municipalities and counties authorized to grant option.

Whenever any person lawfully possessed of a chauffeur's or operator's license theretofore issued by the department, or under the driver licensing laws of any other state or territory or the District of Columbia, is issued a citation or arrested and charged with a violation of any municipal ordinance or state statute regulating traffic, except those ordinances and statutes, the violation of which calls for the mandatory revocation of an operator's or chauffeur's license for any period of time, in a municipality having a city court or a county having a general sessions court, the municipality may by ordinance and the county may by resolution of its county legislative body, allow the person to have the option of depositing the chauffeur's or operator's license with the officer or court demanding bail in lieu of any other security required for appearance in any court of the municipality or county in answer to the charge before the court.

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55-50-802

§ 55-50-802. Receipt for license — Operation of motor vehicle during pendency of case.

Whenever any person deposits a chauffeur's or operator's license as provided, either the officer or the court demanding bail as described in § 55-50-801 shall issue the person a receipt for the license upon a form approved or provided by the department, and thereafter the person shall be permitted to operate a motor vehicle upon the public highways of this state during the pendency of the case in which the license was deposited. The receipt shall be valid as a temporary driving permit for a period not less than that provided in § 55-50-705(b), and shall state the period of validity on its face.

§ 55-50-803. License forwarded to department of safety — Conditions for release — Notice to nonresident driver's state.

The clerk or judge of a court accepting the license shall thereafter forward to the department the license of a driver deposited in lieu of bail if the driver fails to appear in answer to the charge filed. This license shall not be released by the department until the charge for which the license was so deposited has been disposed of by the court in which pending. In the case of a nonresident driver whose license is thus received by the department, the department shall forthwith notify the proper motor vehicle administrative authority of the state in which the nonresident driver is licensed that the license of the driver is being held by the department pending disposition of the charge against the driver, except as provided for in part 7 of this chapter.

§ 55-50-804. License or receipt to be in immediate possession and displayed upon demand.

The licensee shall have the licensee's license in immediate possession at all times when driving a motor vehicle and shall display it upon demand of any officer or agent of the department or any police officer of the state, county or municipality, except that where the licensee has previously deposited the license with the officer or court demanding bail, and has received a receipt from the officer or the court, the receipt is to serve as a substitute for the license until the specified date for court appearance of the licensee or the license is otherwise returned to the licensee by the officer or court accepting the license for deposit.

§ 55-50-805. Provisions provide alternative procedure.

This part is in addition to title 7, chapter 63 and may be implemented as alternative procedure to title 7, chapter 63 and any other sections of this code in conflict herewith by passage of an ordinance by the governing body of the municipality.

Part 9 Interstate Driver License Compact

§ 55-50-901. Short Title.

This part may be known and cited as the “Interstate Driver License Compact.”

§ 55-50-902. Interstate Driver License Compact.

The Interstate Driver License Compact is enacted into law and entered into by this state with all states legally joining the compact and in the form substantially as follows:
1. 1. Article I. Findings and Declaration of Policy.
    1. (a) The party states find that:
      1. (1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
      2. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property.
      3. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
    2. (b) It is the policy of each of the party states to:
      1. (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
      2. (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
  2. Article II. Definitions.
    1. As used in this Compact:
      1. (1) “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority;
      2. (2) “Home state” means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle; and
      3. (3) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
  3. Article III. Reports of Conviction.
    1. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connection therewith.
  4. Article IV. Effect of Conviction.
    1. (a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
      1. (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
      2. (2) Driving a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
      3. (3) Any felony in the commission of which a motor vehicle is used; or
      4. (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
    2. (b) As to any other convictions, reported pursuant to Article III, the licensing authority in the home state shall record the conviction on the individual's driving record, but may not assess points for the conviction.
    3. (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
  5. Article V. Applications for New Licenses.
    1. Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
      1. (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated;
      2. (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways; or
      3. (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
  6. Article VI. Applicability of Other Laws.
    1. Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
  7. Article VII. Compact Administrator and Interchange of Information.
    1. (a) The head of the licensing authority of each party state shall be the administrator of this Compact for this state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact.
    2. (b) The Administrator of each party state shall furnish to the Administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact.
  8. Article VIII. Entry into Force and Withdrawal.
    1. (a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law.
    2. (b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal.
  9. Article IX. Construction and Severability.
    1. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

§ 55-90-903. Administrator.

The commissioner of safety, or the commissioner's designee, is the administrator of the Interstate Driver License Compact.

Chapter 51 Motorcycle Rider Education and Safety

§ 55-51-101. Chapter definitions.

As used in this chapter:
1. (1) “Chief instructor” means a licensed motorcycle operator who meets the standards established by the department to qualify to train and oversee instructors for the motorcycle rider education program;
2. (2) “Department” means the department of safety;
3. (3) “Director” means the commissioner of safety;
4. (4) “Motorcycle rider education program” means the motorcycle training and information disbursement plan created in § 55-51-102;
5. (5) “Motorcycle rider safety fund” means the restricted receipts account created in § 55-51-104 to be applied toward the cost of administering the motorcycle rider education program;
6. (6) “Program coordinator” means the person designated by the director to plan, organize, and administer the motorcycle rider education program as provided in § 55-51-102(b);
7. (7) “Rider training course” means a motorcycle rider education curriculum and delivery system approved by the department as meeting standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle; and
8. (8) “Training specialist” means the person designated by the director to fulfill the obligations stated in § 55-51-102(c).

§ 55-51-102. Motorcycle rider education program.

(a) The department shall establish standards for and shall administer the motorcycle rider education program. The program shall include, but is not limited to, rider training courses and instructor training. The department may expand the program to include public awareness, alcohol and drug effects, driver improvements for motorcyclists, licensing improvement, program promotion or other motorcycle safety programs.
(b) The director shall appoint a program coordinator who shall oversee and direct the program by setting program and funding guidelines, and conduct an annual evaluation.
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(c) The director may also appoint one (1) or more training specialists who shall assist in establishing rider training courses throughout the state, support and implement program and funding guidelines and supervise instructors and other personnel as necessary. The training specialist may be a trained chief instructor.
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(d) Rider training courses shall be open to all residents of the state who either hold a current valid driver license for any classification or who are eligible for a motorcycle learner's permit.
(e) An adequate number of rider training courses shall be provided to meet the reasonably anticipated needs of all persons in the state who are eligible and who desire to participate in the program. The department shall issue certificates of completion in the manner and form prescribed by the director to persons who satisfactorily complete the requirements of the course. Program delivery may be phased in over a reasonable period of time.
(f) The department may enter into contracts with either public or private institutions for technical assistance in conducting rider training courses, if the course is administered and taught by a trained motorcycle rider instructor as established in § 55-51-103. A private organization providing a rider training course may charge a tuition fee; provided, that a private organization receiving a subsidy grant to provide for the start-up costs incurred in establishing the rider training course may charge a tuition fee with a maximum tuition fee to be determined by the department.
(g) In accordance with the procedures established by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall adopt rules and regulations as are necessary to implement the motorcycle rider education program.
(h) The director shall regulate and administer the motorcycle rider education program established under this chapter, and any person or entity providing instruction as authorized in this chapter shall not be subject to the state's commercial driver training laws, as found in chapter 19 of this title or regulations issued pursuant to those laws.

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55-51-101(4)

§ 55-51-103. Instructor requirements and training.

(a) The department shall establish standards for an approved motorcycle rider education instructor preparation course. Successful completion of the course shall require the participant to demonstrate knowledge of the course material, knowledge of safe motorcycle operating practices, and the necessary aptitude for instructing students.
(b) The department shall establish minimum requirements for the qualification of a rider education instructor. The minimum requirements shall include, but not be limited to, the following:
1. (1) The instructor must have a high school diploma or its equivalent;
2. (2) The instructor must be at least eighteen (18) years of age and must hold a valid motorcycle operator's license or endorsement;
3. (3) The instructor must have at least two (2) years of recent motorcycle riding experience;
4. (4) The instructor's driver license must not have been suspended or revoked at any time during the preceding two (2) years;
5. (5) The instructor must not have any convictions for driving under the influence of alcohol or drugs during the preceding five (5) years;
6. (6) Instructors who are licensed in other states must furnish certified copies of their driving records to the department. An applicant shall not be eligible for instructor status until the applicant's driving record for the preceding five (5) years is furnished; and
7. (7) The instructor must have an approved instructor certificate that may be a state or motorcycle safety foundation certificate, and the instructor must be registered as a currently active instructor.

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55-51-102(f)

§ 55-51-104. Motorcycle rider safety fund.

(a) The motorcycle rider safety fund is established in the state treasury and, subject to the general appropriations act, shall be available on a continual basis to the department which shall administer the moneys. Moneys from the fund made available to the department shall only be used for administration of the motorcycle rider education program and for expenses relating to the program including, but not limited to, instructor training, licensing improvement, alcohol and drug education, public awareness, a driver improvement program for motorcyclists, technical assistance, program promotion, and other motorcycle safety programs. Funds may also be used for reimbursement of organizations with course sites. The department shall establish standards for disbursements of funds.
(b) Two dollars ($2.00) of the annual registration fee for each registered motorcycle shall be credited to the fund as established in subsection (a).
(c) One dollar ($1.00) of the application fee for a motorcycle operator learner's permit shall be credited to the fund as established in subsection (a).
(d) One dollar ($1.00) of the fee for each original motorcycle operator's license or endorsement and for each renewal shall be credited to the fund as established in subsection (a).

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55-51-101(5)

§ 55-51-105. Advisory committee.

(a) The director shall by regulation establish a motorcycle rider education program advisory committee to assist in the development of the motorcycle rider education program. The committee shall also monitor the program upon its implementation and report to the director as necessary with recommendations including, but not limited to, the administration, application, and substance of the program. The committee shall consist of five (5) members, including a chair, appointed by the director. One (1) member selected shall be a resident of each grand division, two (2) members shall be selected from the state at large, and not more than two (2) members shall be residents of the same grand division.
(b) Three (3) members shall be qualified motorcycle wholesalers, dealers, or retailers licensed in this state. All shall be of good moral character and each shall have been actually engaged in the distribution or sale of motorcycles in this state for not less than three (3) consecutive years preceding the appointment, and each shall have the necessary qualifications for the applicable license under chapter 17 of this title, and be the holder of the license at all times while a member of the committee.
(c) Two (2) members shall be consumer members of the advisory committee, who shall be citizens of this state, who shall have a valid motorcycle operator's license, and who shall have no interest, direct or indirect, in the commercial manufacture or sale of motorcycles.
(d) The committee shall meet at the call of the director. Members shall serve without compensation for their services but may be reimbursed for their travel expenses while engaged in business of the committee. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

§ 55-51-106. Insurance discount.

(a) The commissioner of commerce and insurance shall fix and establish premium charges for admitted insurers so as to provide a ten percent (10%) reduction in premium rates for motorcycle liability insurance to qualified licensed motorcycle operators who provide proof of successful completion of a state approved rider training course.
(b) The premium reduction shall remain in effect for the qualifying insured persons for a period of three (3) years from the date of successful completion of an approved course, except that the insurer may elect to apply the premium reduction beginning at the next renewal date of the policy and continuing for a period of three (3) years.
(c) This section shall not apply to insured operators of autocycles.

§ 55-51-107. Licensing skills test examination.

The director may exempt applicants for a reinstated or an original motorcycle operator license from the licensing skills and/or knowledge test if they present proof of successful completion of a rider training course that includes a similar test of skills and/or knowledge that is approved by the department and licensing officials. No licensing skills or knowledge examination required by this chapter shall be required for renewal of a motorcycle operator license.

Chapter 52 Safety of Children

Part 1 Child Bicycle Safety Act

§ 55-52-101. Short title.

This part shall be known and may be cited as the “Child Bicycle Safety Act.”

§ 55-52-102. Legislative findings and declarations.

The general assembly hereby finds and declares that:
1. (1) Disability and death of children resulting from injuries sustained in bicycling accidents are a serious threat to the public health, welfare, and safety of the people of the state, and the prevention of such disability and death is the goal of the people;
2. (2) Head injuries are the leading cause of disability and death from bicycling accidents;
3. (3) The risk of head injury from bicycling accidents is significantly reduced for bicyclists who wear proper protective bicycle helmets; yet helmets are worn by fewer than five percent (5%) of child bicyclists nationwide; and
4. (4) The risk of head injury or of any other injury to a small child who is a passenger on a bicycle operated by another person would be significantly reduced if the child-passenger sat in a separate restraining seat.

§ 55-52-103. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Bicycle” means a human-powered vehicle with two (2) wheels in tandem designed to transport, by the action of pedaling, one (1) or more persons seated on one (1) or more saddle seats on its frame. “Bicycle” also includes a human-powered vehicle designed to transport by pedaling that has more than two (2) wheels where the vehicle is used on a public highway or street, public bicycle path or other public right-of-way, but does not include a tricycle;
2. (2) “Highway” or “street” means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel;
3. (3) “Operator” means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle;
4. (4) “Other public right-of-way” means any right-of-way other than a public highway or street or public bicycle path that is under the jurisdiction and control of the state or a local political subdivision thereof and is designed for use and used by vehicular and/or pedestrian traffic;
5. (5) “Passenger” means any person who travels on a bicycle in any manner except as an operator;
6. (6) “Protective bicycle helmet” means a piece of headgear that meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation, or that is otherwise approved by the commissioner of safety;
7. (7) “Public bicycle path” means a right-of-way under the jurisdiction and control of the state or a local political subdivision thereof for use primarily by bicycles and pedestrians;
8. (8) “Restraining seat” means a seat separate from the saddle seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in the seat and protect the passenger from the moving parts of the bicycle;
9. (9) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians; and
10. (10) “Tricycle” means a three-wheeled human-powered vehicle.

§ 55-52-104. Purpose.

The purpose of this part is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that, while riding on a bicycle on state highways, streets and sidewalks, all bicycle operators and passengers under sixteen (16) years of age wear approved protective bicycle helmets; that all bicycle passengers who weigh less than forty pounds (40 lbs.) or who are less than forty inches (40″) in height be seated in separate restraining seats; and that no person who is unable to maintain an erect, seated position shall be a passenger in a bicycle restraining seat.

§ 55-52-105. Child bicycle safety rules and regulations.

With regard to any bicycle operated over any highway, street or sidewalk, it is unlawful:
1. (1) For any person under sixteen (16) years of age to operate or be a passenger on a bicycle unless at all times when so engaged the person wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet;
2. (2) For any person to be a passenger on a bicycle unless, with respect to any person who weighs less than forty pounds (40 lbs.), or is less than forty inches (40″) in height, the person can be and is properly seated in and adequately secured to a restraining seat;
3. (3) For any parent or legal guardian of a person under twelve (12) years of age to knowingly permit the person to operate or be a passenger on a bicycle in violation of subdivision (1) or (2); and
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4. (4) To rent or lease any bicycle to or for the use of any person under sixteen (16) years of age unless:
  1. (A) The person is in possession of a protective bicycle helmet of good fit at the time of the rental or lease; or
  2. (B) The rental or lease includes a protective bicycle helmet of good fit, and the person intends to wear the helmet, as required by subdivision (1), at all times while operating or being a passenger on the bicycle.

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55-52-106(a)

§ 55-52-106. Penalty — Defense — Inadmissibility as evidence in civil action — Issuance of warning and citation.

(a) Except as provided in subsection (b), any adult person violating any requirements set forth in § 55-52-105, commits a violation and shall be assessed a civil penalty of two dollars ($2.00) and court costs.
(b) Upon commission of the first offense within a twelve-month period under § 55-52-105(3), it shall be a defense that the accused has since the date of the violation purchased or provided a protective bicycle helmet or a restraining seat, and uses and intends to use or causes to be used or intends to cause to be used the same as the law requires.
(c) In no event shall failure to wear a protective bicycle helmet or to secure a passenger to a restraining seat be admissible as evidence in a trial of any civil action.
(d) A law enforcement officer observing any violation of this part shall issue a warning to the violator for the first offense and a citation to the violator for the second or subsequent offense, but shall not arrest or take into custody any person solely for a violation of this part.

Part 2 Child Safety in Operation of Off-Highway Motor Vehicles

§ 55-52-201. Definitions — Offense of operation by minors.

(a) As used in this part, unless the context otherwise requires:
1. (1)
  1. (A) “Appropriate helmet” means, except as provided in subdivisions (a)(1)(A)-(C), a helmet that meets federal motor vehicle safety standards as specified in 49 CFR 571.218;
  2. (B) Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (1½″) in diameter;
  3. (C) Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and
  4. (D) Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation;
2. (2) “Off-highway motor vehicle” means a vehicle as defined in § 55-3-101(c)(2); and
3. (3) “Relative” means a person or persons in the lineal line of consanguinity to a property owner, a spouse, or person or persons in the lineal line of consanguinity of a spouse, and includes an individual in an adoptive relationship to a property owner or the spouse of the property owner.
(b)
1. (1) Except as provided in subdivisions (b)(2) and (3), it is an offense for any parent or legal guardian of a person under eighteen (18) years of age to permit that person to operate or be a passenger on an off-highway motor vehicle, unless the person is wearing an appropriate helmet for off-highway vehicles. A parent or legal guardian commits an offense under circumstances indicating that the parent or legal guardian of the person under eighteen (18) years of age knew or should have known that the child is or would be operating, or is or would be a passenger on an off-highway motor vehicle.
2. (2) Subdivision (b)(1) does not apply to a parent or legal guardian of a person under eighteen (18) years of age if the off-highway motor vehicle is being operated by a person under eighteen (18) years of age, or the person is a passenger on an off-highway motor vehicle, on the private property of the parent or legal guardian, or the private property of a relative.
3. (3) Subdivision (b)(1) does not apply to a parent or legal guardian of a person under eighteen (18) years of age if the off-highway motor vehicle is being operated by a person under eighteen (18) years of age who is commuting for the purpose of hunting and is in possession of a valid hunting license.

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55-52-202(e)

§ 55-52-202. Penalty for operation of off-highway motor vehicles by minors — Defenses.

(a) Except as provided in subsection (b), a violation of this section is a Class C misdemeanor, subject only to imposition of a fine, not to exceed fifty dollars ($50.00) and court costs, not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. No state or local litigation taxes shall be applicable to a case prosecuted under this section.
(b)
1. (1) Upon commission of the first offense, it shall be a defense that the accused has since the date of the commission of the offense purchased or provided an appropriate helmet for the person under eighteen (18) years of age to wear while the person is operating or is a passenger on an off-highway motor vehicle and the parent or legal guardian intends to have the person use, or causes the person to use, or intends to cause the person to use the helmet as the law requires.
2. (2) On or before the court date indicated on the citation issued pursuant to subsection (d), if the parent or legal guardian presents the information contained in subdivision (b)(1) to the court and if the court is satisfied that the parent or legal guardian is serious about complying with the law, the charge against the parent or legal guardian may be dismissed. No court costs shall be assessed against a parent or legal guardian if the charge is dismissed pursuant to this subsection (b).
(c) In no event shall failure to wear an appropriate helmet for off-highway vehicles be admissible as evidence in a trial of any civil action.
(d)
1. (1) If a law enforcement officer observes a person under eighteen (18) years of age operating or being a passenger on an off-highway motor vehicle where no person eighteen (18) years of age or older is either the operator or passenger, the law enforcement officer shall obtain the name and address of the parent or legal guardian of the person from the operator of the off-highway motor vehicle for the purpose of issuing and mailing a citation in lieu of arrest pursuant to § 55-10-207 to the parent or legal guardian. It is a violation of § 39-16-502 for the person to knowingly give false information to the law enforcement officer.
2. (2) If a law enforcement officer observes a person under eighteen (18) years of age as a passenger on an off-highway motor vehicle where the operator is eighteen (18) years of age or older, the law enforcement officer shall issue a citation in lieu of arrest pursuant to § 55-10-207 to the operator if the operator is the parent or legal guardian of the passenger. If the operator is not the parent or legal guardian, the law enforcement officer shall obtain the name and address of the parent from the operator for the purpose of issuing and mailing a citation in lieu of arrest pursuant to § 55-10-207 to the parent or legal guardian. It is a violation of § 39-16-502 for the person to knowingly give false information to the law enforcement officer.
(e) Any incorporated municipality may enact an ordinance that mirrors, substantially duplicates, or incorporates by cross-reference the language of § 55-52-201 and this section.

Chapter 53 Electric Personal Assistive Mobility Devices

§ 55-53-101. “Electric personal assistive mobility device” defined.

As used in this chapter, “electric personal assistive mobility device” or “EPAMD” means a self-balancing, two (2) nontandem wheeled device, designed to transport only one (1) person, with an electric propulsion system with average power of seven hundred fifty (750) watts or one horse power (1 hp.), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy pounds (170 lbs.), is less than twenty miles per hour (20 mph).

§ 55-53-102. Governing provisions. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

(a) The regulation and operation of EPAMDs shall be governed exclusively by this chapter.
(b) Notwithstanding any other law to the contrary, an EPAMD shall not be considered to be a “vehicle,” “motor vehicle,” “passenger motor vehicle,” “passenger car,” “motorcycle,” “motorized bicycle,” “motor bicycle,” “motorscooter,” or “all-terrain vehicle” within the meaning of the laws of this state and no provisions of law relating to vehicles, motor vehicles, passenger motor vehicles, passenger cars, motorcycles, motorized bicycles, motor bicycles, motorscooters, or all-terrain vehicles shall apply to EPAMDs unless specified in this chapter, including, but not limited to, any provisions of chapter 12, part 1 of this title and any law relating to motor vehicle registration, licensing, operation or equipment.

§ 55-53-102. Governing provisions. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) The regulation and operation of EPAMDs shall be governed exclusively by this chapter.
(b) Notwithstanding any other law to the contrary, an EPAMD shall not be considered to be a “vehicle,” “motor vehicle,” “passenger motor vehicle,” “passenger car,” “motorcycle,” “motorized bicycle,” “motor bicycle,” “motor-driven cycle,” “motor scooter” or “all-terrain vehicle” within the meaning of the laws of this state and no provisions of law relating to vehicles, motor vehicles, passenger motor vehicles, passenger cars, motorcycles, motorized bicycles, motor bicycles, motor-driven cycles, motor scooters or all-terrain vehicles shall apply to EPAMDs unless specified in this chapter, including, but not limited to, any provisions of chapter 12, part 1 of this title and any law relating to motor vehicle registration, licensing, operation or equipment.

§ 55-53-103. Equipment requirements.

An EPAMD shall be equipped with a system that when employed will enable the operator to bring the device to a controlled stop and, if the EPAMD is operated between one-half (½) hour after sunset and one-half (½) hour before sunrise, front, rear and side reflectors and a lamp emitting a white light that, while the EPAMD is in motion, illuminates the area in front of the operator and is visible from a distance of three hundred feet (300′) in front of and from the sides of the EPAMD; provided, however, that the provisions of this section requiring the use of reflectors and a lamp during the period between one-half (½) hour after sunset and one-half (½) hour before sunrise shall be deemed to be satisfied if the operator of the EPAMD wears a personal headlight and reflectors.

§ 55-53-104. Construction — Operation on highways.

(a) Nothing in this chapter or in any other law of this state shall be construed to limit the operation of an EPAMD on the public highways, sidewalks, bike trails and bicycle routes of this state except as otherwise set forth in this chapter.
(b) A person operating an EPAMD shall obey all speed limits for motor vehicles and shall yield the right-of-way to pedestrians and human powered devices at all times.
(c) Notwithstanding any other provision of this chapter to the contrary, the department of transportation shall have the authority to regulate or prohibit the operation of EPAMDs on any highway within its jurisdiction if it determines that the regulation or prohibition is necessary in the interest of public safety.

§ 55-53-105. Regulation of use.

Notwithstanding any other provision of this chapter to the contrary, no county, city or town may institute a general prohibition on the use or operation of EPAMDs; provided, that any county, city or town may reasonably regulate the use or operation of EPAMDs. The regulations may include the restriction, limitation or exclusion on the use or operation of EPAMDs, if necessary, in the interest of public safety or in the interest of the preservation of natural areas and only to the same extent as bicycles are restricted, limited or excluded.