Tenn. Code Ann. § 55-9-407 — TN Code / Title 55 / Chapter 9 / Section 55-9-407
Multiple beam road lighting equipment - Use
Status: in_force

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) 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) 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. Acts 1937, ch. 245, § 5; C. Supp. 1950, § 2700.16 (Williams, § 2695); T.C.A. (orig. ed.), § 59-910.
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) 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) 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.
Acts 1937, ch. 245, § 5; C. Supp. 1950, § 2700.16 (Williams, § 2695); T.C.A. (orig. ed.), § 59-910.
Tenn. Code Ann. § 55-12-209 — TN Code / Title 55 / Chapter 12 / Section 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
Status: in_force

(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) The costs of the program to the department of revenue, insurers, and the public; (2) The effectiveness of the program in reducing the number of uninsured motor vehicles; (3) The number of persons complying with the financial responsibility requirements of this chapter through means other than motor vehicle liability insurance; (4) The number of persons convicted per year for failing to show evidence of financial responsibility pursuant to § 55-12-139 ; and (5) If available, the number of motor vehicle accidents involving an uninsured motorist on an annual basis since January 1, 2016. Amended by 2017 Tenn. Acts, ch. 8, s 1, eff. 3/22/2017. Added by 2015 Tenn. Acts, ch. 511, s 1, eff. 1/1/2016.
(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) The costs of the program to the department of revenue, insurers, and the public; (2) The effectiveness of the program in reducing the number of uninsured motor vehicles; (3) The number of persons complying with the financial responsibility requirements of this chapter through means other than motor vehicle liability insurance; (4) The number of persons convicted per year for failing to show evidence of financial responsibility pursuant to § 55-12-139 ; and (5) If available, the number of motor vehicle accidents involving an uninsured motorist on an annual basis since January 1, 2016.
(1) The costs of the program to the department of revenue, insurers, and the public;
(2) The effectiveness of the program in reducing the number of uninsured motor vehicles;
(3) The number of persons complying with the financial responsibility requirements of this chapter through means other than motor vehicle liability insurance;
(4) The number of persons convicted per year for failing to show evidence of financial responsibility pursuant to § 55-12-139 ; and
(5) If available, the number of motor vehicle accidents involving an uninsured motorist on an annual basis since January 1, 2016.
Amended by 2017 Tenn. Acts, ch. 8, s 1, eff. 3/22/2017.
Added by 2015 Tenn. Acts, ch. 511, s 1, eff. 1/1/2016.
Tenn. Code Ann. § 55-29-104 — TN Code / Title 55 / Chapter 29 / Section 55-29-104
Compensation for recall repairs
Status: in_force

(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) The date the recall or remedy parts are made available; or (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) In inventory at the time the stop-sale or do-not-drive order was issued; or (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. Added by 2017 Tenn. Acts, ch. 306,s 1, eff. 1/1/2018.
(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) The date the recall or remedy parts are made available; or (2) The date the dealer sells, trades, or otherwise disposes of the affected used motor vehicle.
(1) The date the recall or remedy parts are made available; or
(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) In inventory at the time the stop-sale or do-not-drive order was issued; or (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.
(1) In inventory at the time the stop-sale or do-not-drive order was issued; or
(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.
Added by 2017 Tenn. Acts, ch. 306,s 1, eff. 1/1/2018.
Tenn. Code Ann. § 55-9-602 — TN Code / Title 55 / Chapter 9 / Section 55-9-602
Child passenger restraint systems - Violations - Penalties
Status: in_force

(a) (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) 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) 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) (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. (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. (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) 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: (A) The autocycle has an enclosed cab; (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 (C) The child is secured in a manner in accordance with this section. (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) A violation of this section is a Class C misdemeanor. (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 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) 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) 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) 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) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. (5) Disbursements from, investments of and deposits to the fund shall be administered and invested pursuant to [former] title 9, chapter 4, part 5 [repealed]. (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) 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. (g) (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. (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) 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) 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) (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). (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) (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). (B) (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. (ii) If the vehicle is operated by an ADS and: (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); (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 (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) 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: (A) The plaintiff has filed a products liability claim; (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 (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) 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) 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. Amended by 2017 Tenn. Acts, ch. 474, Secs.s 6, s 7 eff. 6/6/2017. Amended by 2016 Tenn. Acts, ch. 1015, s 16, eff. 7/1/2016. Acts 1963, ch. 102, §§ 1, 2; 1977, ch. 114, §§ 1, 2; T.C.A., § 59-930; Acts 1981, ch. 86, §§ 1, 2; 1985, ch. 183, § 1; T.C.A., § 55-9-214 ; Acts 1986, ch. 866, §§ 2, 3; 1989, ch. 564, §§ 2-6, 9; 1989, ch. 591, § 113; 1995, ch. 112, §§ 1, 2; 2000, ch. 945, § 1; 2001, ch. 463, §§ 1, 2; 2003 , ch. 299, §§ 1-9; 2004, ch. 809, § 1; 2005, ch. 55, §§ 1, 2.
(a) (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) 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) 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) (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. (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. (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) 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: (A) The autocycle has an enclosed cab; (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 (C) The child is secured in a manner in accordance with this section. (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.
(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) 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) 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) (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. (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. (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.
(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.
(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.
(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) 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: (A) The autocycle has an enclosed cab; (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 (C) The child is secured in a manner in accordance with this section.
(A) The autocycle has an enclosed cab;
(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
(C) The child is secured in a manner in accordance with this section.
(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) A violation of this section is a Class C misdemeanor. (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.
(1) A violation of this section is a Class C misdemeanor.
(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 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) 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) 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) 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) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. (5) Disbursements from, investments of and deposits to the fund shall be administered and invested pursuant to [former] title 9, chapter 4, part 5 [repealed]. (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) 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.
(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) 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) 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) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
(5) Disbursements from, investments of and deposits to the fund shall be administered and invested pursuant to [former] title 9, chapter 4, part 5 [repealed].
(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) 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.
(g) (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. (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) 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) 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) (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). (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) (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). (B) (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. (ii) If the vehicle is operated by an ADS and: (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); (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 (c) If no human person accompanies the child, the parent or legal guardian of the child is responsible for compliance with this subsection (g).
(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. (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.
(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.
(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) 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) 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) (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). (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).
(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).
(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) (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). (B) (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. (ii) If the vehicle is operated by an ADS and: (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); (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 (c) If no human person accompanies the child, the parent or legal guardian of the child is responsible for compliance with this subsection (g).
(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).
(B) (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. (ii) If the vehicle is operated by an ADS and: (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); (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 (c) If no human person accompanies the child, the parent or legal guardian of the child is responsible for compliance with this subsection (g).
(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.
(ii) If the vehicle is operated by an ADS and: (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); (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 (c) If no human person accompanies the child, the parent or legal guardian of the child is responsible for compliance with this subsection (g).
(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);
(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
(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) 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: (A) The plaintiff has filed a products liability claim; (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 (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) 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) 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.
(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: (A) The plaintiff has filed a products liability claim; (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 (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.
(A) The plaintiff has filed a products liability claim;
(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
(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) 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) 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.
Amended by 2017 Tenn. Acts, ch. 474, Secs.s 6, s 7 eff. 6/6/2017.
Amended by 2016 Tenn. Acts, ch. 1015, s 16, eff. 7/1/2016.
Acts 1963, ch. 102, §§ 1, 2; 1977, ch. 114, §§ 1, 2; T.C.A., § 59-930; Acts 1981, ch. 86, §§ 1, 2; 1985, ch. 183, § 1; T.C.A., § 55-9-214 ; Acts 1986, ch. 866, §§ 2, 3; 1989, ch. 564, §§ 2-6, 9; 1989, ch. 591, § 113; 1995, ch. 112, §§ 1, 2; 2000, ch. 945, § 1; 2001, ch. 463, §§ 1, 2; 2003 , ch. 299, §§ 1-9; 2004, ch. 809, § 1; 2005, ch. 55, §§ 1, 2.
Tenn. Code Ann. § 55-50-102 — TN Code / Title 55 / Chapter 50 / Section 55-50-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (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) "Alcohol or alcoholic beverage" means: (A) Beer as defined in 26 U.S.C. § 5052(a) , of the Internal Revenue Code of 1954; (B) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or (C) Distilled spirits as defined in 26 U.S.C. § 5002(a)(8) ; (3) "Autocycle" means the same as defined in § 55-1-103 ; (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) "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) "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) "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) "Chief" means the chief of the highway patrol; (9) "Commerce" means: (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 (B) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in subdivision (9)(A); (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) "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) "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) (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: (i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds; (ii) Is designed to transport sixteen (16) or more passengers, including the driver; or (iii) Is of any size and is used in the transportation of hazardous materials, as defined in this section; (B) However, the following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this chapter: (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; (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; (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; (iv) Vehicles designed and used primarily as recreational vehicles as defined in this section; and (v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes; (14) "Commissioner" means the commissioner of safety; (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) "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) "Department" means the department of safety acting directly or through its duly authorized officers and agents; (18) "DHS Secretary" means the secretary of homeland security of the United States; (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) "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) "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) "Driver licenses - Classes of" means: (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; (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; (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 sixteen (16) or more passengers including the driver. Persons holding a valid Class C license may operate vehicles in Class D but not in Classes A, B or M; (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; (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; (F) Class M. (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. (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. (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; (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; (ii) Applicants for a Class P license must meet all requirements of the particular class license for which they are applying; (iii) Class P licenses will be issued for classes of vehicle or vehicles as follows: (a) Class P-A. This is an instructional permit issued for Class A vehicles; (b) Class P-B. This is an instructional permit issued for Class B vehicles; (c) Class P-C. This is an instructional permit issued for Class C vehicles; (d) Class P-D. This is an instructional permit issued for Class D vehicles; and (e) Class P-M. This is an instructional permit issued for Class M vehicles; (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) "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: (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; (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 sixteen (16) or more passengers, including the driver; (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; (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; (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 (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) "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) "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) "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) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year; (28) "FMCSA" means the federal motor carrier safety administration, an agency within the United States department of transportation; (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) "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) "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) "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) "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) "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) "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) "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) "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) [Deleted by 2023 amendment.] (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) "Motorcycle" means "motorcycle" as defined in § 55-8-101 ; (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) "Motorized bicycle" means "motorized bicycle" as defined in § 55-8-101 ; (43) "Motorscooter" has the same meaning as defined in § 55-8-101 ; (44) "Nonresident" means every person who is not a resident of the state; (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) "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) "Person" means every natural person, firm, copartnership, association or corporation; (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) "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) "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) "School bus" means a vehicle designed to transport sixteen (16) or more passengers including the driver, operated for the transportation of children to or from school or school-related activities, and operated for compensation; (52) "Secretary" means the secretary of transportation of the United States; (53) "Serious traffic violation" means: (A) Excessive speeding, as defined by the secretary by regulation; (B) Reckless, careless or negligent driving, as defined under § 55-10-205 ; (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; (D) Driving a commercial motor vehicle without obtaining a commercial driver license; (E) Driving a commercial motor vehicle without a commercial driver license in the driver's possession; (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 (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) "State" means: (A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia; (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) "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) "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) "United States" means the fifty (50) states and the District of Columbia; (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) "Violation" means a conviction except as otherwise provided in § 55-50-504(g) . Amended by 2024 Tenn. Acts, ch. 836,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 836,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 836,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 100, Secs.s 13, s 14, s 15 eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 100, s 12, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1012, s 3, eff. 5/9/2022. Amended by 2022 Tenn. Acts, ch. 992, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 992, s 1, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 156, s 2, eff. 4/17/2017. Amended by 2016 Tenn. Acts, ch. 1015, s 11, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 982, s 3, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 871, s 5, eff. 7/1/2014. Acts 1937, ch. 90, § 1; 1939, ch. 205, § 2; impl. am. Acts 1939, ch. 205, §§ 2, 3; C. Supp. 1950, § 2715.9 (Williams, § 2715.14); Acts 1955, ch. 114, § 1; 1957, ch. 241, § 1; 1977, ch. 189, § 1; 1979, ch. 247, § 4; T.C.A. (orig. ed.), § 59-702; Acts 1986, ch. 804, § 2; 1987, ch. 446, § 10; 1988, ch. 584, § 2; T.C.A., § 55-7-102 ; Acts 1989, ch. 60, §§ 2-4; 1990, ch. 907, § 1; 1996, ch. 799, §§ 1-3; 1997 , ch. 375, § 1; 1999, ch. 351, § 1; 2000, ch. 606, § 5; 2002, ch. 747, §§ 8, 9; 2004, ch. 778, § 1; 2005, ch. 235, § 2; 2007 , ch. 194, §§ 1, 2; 2008 , ch. 959, §§ 7, 8; 2009 , ch. 321, §§ 3-14.
As used in this chapter, unless the context otherwise requires:
(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) "Alcohol or alcoholic beverage" means: (A) Beer as defined in 26 U.S.C. § 5052(a) , of the Internal Revenue Code of 1954; (B) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or (C) Distilled spirits as defined in 26 U.S.C. § 5002(a)(8) ;
(A) Beer as defined in 26 U.S.C. § 5052(a) , of the Internal Revenue Code of 1954;
(B) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or
(C) Distilled spirits as defined in 26 U.S.C. § 5002(a)(8) ;
(3) "Autocycle" means the same as defined in § 55-1-103 ;
(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) "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) "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) "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) "Chief" means the chief of the highway patrol;
(9) "Commerce" means: (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 (B) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in subdivision (9)(A);
(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
(B) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in subdivision (9)(A);
(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) "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) "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) (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: (i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds; (ii) Is designed to transport sixteen (16) or more passengers, including the driver; or (iii) Is of any size and is used in the transportation of hazardous materials, as defined in this section; (B) However, the following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this chapter: (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; (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; (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; (iv) Vehicles designed and used primarily as recreational vehicles as defined in this section; and (v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes;
(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: (i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds; (ii) Is designed to transport sixteen (16) or more passengers, including the driver; or (iii) Is of any size and is used in the transportation of hazardous materials, as defined in this section;
(i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds;
(ii) Is designed to transport sixteen (16) or more passengers, including the driver; or
(iii) Is of any size and is used in the transportation of hazardous materials, as defined in this section;
(B) However, the following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this chapter: (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; (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; (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; (iv) Vehicles designed and used primarily as recreational vehicles as defined in this section; and (v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes;
(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;
(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;
(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;
(iv) Vehicles designed and used primarily as recreational vehicles as defined in this section; and
(v) Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes;
(14) "Commissioner" means the commissioner of safety;
(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) "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) "Department" means the department of safety acting directly or through its duly authorized officers and agents;
(18) "DHS Secretary" means the secretary of homeland security of the United States;
(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) "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) "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) "Driver licenses - Classes of" means: (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; (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; (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 sixteen (16) or more passengers including the driver. Persons holding a valid Class C license may operate vehicles in Class D but not in Classes A, B or M; (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; (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; (F) Class M. (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. (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. (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; (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; (ii) Applicants for a Class P license must meet all requirements of the particular class license for which they are applying; (iii) Class P licenses will be issued for classes of vehicle or vehicles as follows: (a) Class P-A. This is an instructional permit issued for Class A vehicles; (b) Class P-B. This is an instructional permit issued for Class B vehicles; (c) Class P-C. This is an instructional permit issued for Class C vehicles; (d) Class P-D. This is an instructional permit issued for Class D vehicles; and (e) Class P-M. This is an instructional permit issued for Class M vehicles; (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;
(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;
(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;
(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 sixteen (16) or more passengers including the driver. Persons holding a valid Class C license may operate vehicles in Class D but not in Classes A, B or M;
(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;
(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;
(F) Class M. (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. (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.
(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.
(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.
(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; (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; (ii) Applicants for a Class P license must meet all requirements of the particular class license for which they are applying; (iii) Class P licenses will be issued for classes of vehicle or vehicles as follows: (a) Class P-A. This is an instructional permit issued for Class A vehicles; (b) Class P-B. This is an instructional permit issued for Class B vehicles; (c) Class P-C. This is an instructional permit issued for Class C vehicles; (d) Class P-D. This is an instructional permit issued for Class D vehicles; and (e) Class P-M. This is an instructional permit issued for Class M vehicles; (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;
(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;
(ii) Applicants for a Class P license must meet all requirements of the particular class license for which they are applying;
(iii) Class P licenses will be issued for classes of vehicle or vehicles as follows: (a) Class P-A. This is an instructional permit issued for Class A vehicles; (b) Class P-B. This is an instructional permit issued for Class B vehicles; (c) Class P-C. This is an instructional permit issued for Class C vehicles; (d) Class P-D. This is an instructional permit issued for Class D vehicles; and (e) Class P-M. This is an instructional permit issued for Class M vehicles;
(a) Class P-A. This is an instructional permit issued for Class A vehicles;
(b) Class P-B. This is an instructional permit issued for Class B vehicles;
(c) Class P-C. This is an instructional permit issued for Class C vehicles;
(d) Class P-D. This is an instructional permit issued for Class D vehicles; and
(e) Class P-M. This is an instructional permit issued for Class M vehicles;
(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) "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: (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; (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 sixteen (16) or more passengers, including the driver; (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; (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; (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 (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;
(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;
(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 sixteen (16) or more passengers, including the driver;
(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;
(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;
(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
(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) "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) "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) "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) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;
(28) "FMCSA" means the federal motor carrier safety administration, an agency within the United States department of transportation;
(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) "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) "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) "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) "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) "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) "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) "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) "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) [Deleted by 2023 amendment.]
(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) "Motorcycle" means "motorcycle" as defined in § 55-8-101 ;
(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) "Motorized bicycle" means "motorized bicycle" as defined in § 55-8-101 ;
(43) "Motorscooter" has the same meaning as defined in § 55-8-101 ;
(44) "Nonresident" means every person who is not a resident of the state;
(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) "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) "Person" means every natural person, firm, copartnership, association or corporation;
(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) "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) "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) "School bus" means a vehicle designed to transport sixteen (16) or more passengers including the driver, operated for the transportation of children to or from school or school-related activities, and operated for compensation;
(52) "Secretary" means the secretary of transportation of the United States;
(53) "Serious traffic violation" means: (A) Excessive speeding, as defined by the secretary by regulation; (B) Reckless, careless or negligent driving, as defined under § 55-10-205 ; (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; (D) Driving a commercial motor vehicle without obtaining a commercial driver license; (E) Driving a commercial motor vehicle without a commercial driver license in the driver's possession; (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 (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;
(A) Excessive speeding, as defined by the secretary by regulation;
(B) Reckless, careless or negligent driving, as defined under § 55-10-205 ;
(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;
(D) Driving a commercial motor vehicle without obtaining a commercial driver license;
(E) Driving a commercial motor vehicle without a commercial driver license in the driver's possession;
(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
(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) "State" means: (A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia; (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;
(A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia;
(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) "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) "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) "United States" means the fifty (50) states and the District of Columbia;
(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) "Violation" means a conviction except as otherwise provided in § 55-50-504(g) .
Amended by 2024 Tenn. Acts, ch. 836,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 836,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 836,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 100, Secs.s 13, s 14, s 15 eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 100, s 12, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1012, s 3, eff. 5/9/2022.
Amended by 2022 Tenn. Acts, ch. 992, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 992, s 1, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 156, s 2, eff. 4/17/2017.
Amended by 2016 Tenn. Acts, ch. 1015, s 11, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 982, s 3, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 871, s 5, eff. 7/1/2014.
Acts 1937, ch. 90, § 1; 1939, ch. 205, § 2; impl. am. Acts 1939, ch. 205, §§ 2, 3; C. Supp. 1950, § 2715.9 (Williams, § 2715.14); Acts 1955, ch. 114, § 1; 1957, ch. 241, § 1; 1977, ch. 189, § 1; 1979, ch. 247, § 4; T.C.A. (orig. ed.), § 59-702; Acts 1986, ch. 804, § 2; 1987, ch. 446, § 10; 1988, ch. 584, § 2; T.C.A., § 55-7-102 ; Acts 1989, ch. 60, §§ 2-4; 1990, ch. 907, § 1; 1996, ch. 799, §§ 1-3; 1997 , ch. 375, § 1; 1999, ch. 351, § 1; 2000, ch. 606, § 5; 2002, ch. 747, §§ 8, 9; 2004, ch. 778, § 1; 2005, ch. 235, § 2; 2007 , ch. 194, §§ 1, 2; 2008 , ch. 959, §§ 7, 8; 2009 , ch. 321, §§ 3-14.