Tenn. Code Ann. § 55-8-185 — TN Code / Title 55 / Chapter 8 / Section 55-8-185
Use of off-highway motor vehicles on highways
Status: in_force

(a) No off-highway motor vehicle as defined in § 55-3-101(c)(2) shall be operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle pursuant to §§ 55-8-101 and 55-4-136 ; is registered as a Class I or Class II off-highway vehicle pursuant to chapter 4, part 7 of this title, and operated on county roads pursuant to § 55-8-203 ; is operated or driven pursuant to subsection (c) or (e); or is operated or driven for the purpose of crossing a highway as follows: (1) On a two-lane highway, only to cross the highway at an angle of approximately ninety degrees (90°) to the direction of the roadway and at a place where a quick and safe crossing may be made; (2) With respect to the crossing of a highway having more than two (2) lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and (3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two (2) lanes or having limited access. (b) Off-highway motor-driven cycles defined in § 55-3-101(c)(2) may be moved, by nonmechanical means only, adjacent to a roadway, in a manner so as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from, areas designed for the operation of off-highway vehicles, when no other route is available. The department or local government authority may designate access routes leading to off-highway parks as suitable for the operation of off-highway vehicles, if such access routes are available to the general public only for pedestrian and off-highway motor vehicle travel. (c) (1) Notwithstanding any law to the contrary, three- or four-wheel all-terrain vehicles or three- or four-wheel off-highway vehicles may be operated on: (A) Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County; (B) State Route 63 between U.S. Highway 27 and Annadell Road within the jurisdiction of the Town of Huntsville in Scott County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; except, that during one (1) day on each weekend, the off-highway vehicles may be operated during the hours of daylight or nighttime until twelve o'clock (12:00) midnight. The operation pursuant to this subdivision (c)(1)(B) shall be approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency. Any local legislative body that has approved the operation of the vehicles pursuant to this subdivision (c)(1)(B) as it existed prior to April 28, 2017, shall not be required to resubmit and reapprove the operation pursuant to this subdivision (c)(1)(B) on or after April 28, 2017; (C) State Route 62 from its intersection with Wind Rock Road westward to its intersection with Winter Gap Road, then southeastward on Winter Gap Road to its intersection with State Route 61 (Railroad Avenue), then eastward on State Route 61 (Railroad Avenue) to its intersection with State Route 62, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency; (D) State Route 330 from its intersection with State Route 62 westward to its intersection with State Route 61, then southwestward on West Spring Street to its intersection with Winter Gap Road, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency; (E) State Route 63 from its intersection with Ershell Collins Road West to its intersection with Titus Hollow Road in Campbell County; (F) State Route 63 from its intersection with Old Stinking Creek Road West to its intersection with Old Highway 63 in Campbell County; (G) State Route 116 from its intersection with U.S. Highway 25W (State Route 9) West to its intersection with Better Chance Road in Campbell County; (H) U.S. Highway 25W (State Route 9) from its intersection with State Route 116 to its intersection with Dogwood Road in Campbell County; (I) U.S. Highway 25W (State Route 9) from its intersection with North Tennessee Avenue to its intersection with Ivy Dale Road in Campbell County; (J) U.S. Highway 25W (State Route 9) from its intersection with McClouds Trail to 4267 U.S. Highway 25W South, which segment is approximately two and one-half (2.5) miles long, in Campbell County; (K) U.S. Highway 25W (State Route 9) from its intersection with Elk Tower on Austin Powder Road to the Peabody Convenience Center in Campbell County; (L) U.S. Highway 25W (State Route 9) from its intersection with Highcliff Road to its intersection with the Kentucky state line at State Street in Campbell County; (M) State Route 297 from its intersection with U.S. Highway 25W to its intersection with London Avenue in Campbell County; (N) State Route 297 from its intersection with Woolridge Pike to its intersection with Whistle Creek Road in Campbell County; (O) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow Road in Campbell County; (P) State Route 116 from its intersection with Rattlesnake Ridge Road, which is approximately one and two-tenths (1.2) miles north of State Route 62, then northward on State Route 116 for approximately three and four-tenths (3.4) miles to its intersection with the walking trails of Frozen Head State Park and Trail 27 of Wind Rock Park, within Morgan County between the hours of eight o'clock a.m. (8:00 a.m.) and eight o'clock p.m. (8:00 p.m.); (Q) State Route 53 beginning from the Granville Marina and Resort and ending at the Sutton Homestead in the Town of Granville; (R) State Route 167 from mile marker 10 to mile marker 13, within the jurisdiction of Johnson County; (S) State Route 133 from its intersection with U.S. Highway 421 to the Tennessee-Virginia state line, within the jurisdiction of Johnson County; (T) U.S. Highway 421 from the Mountain City limits to its intersection with Corner Road, within the jurisdiction of Johnson County; (U) State Route 13 from the Wayne County - Perry County boundary to its intersection with Turnbo Lane, within the jurisdiction of Perry County; (V) State Route 329 from its intersection with U.S. Highway 27 to 849 Deer Lodge Highway, within the jurisdiction of the City of Sunbright in Morgan County; (W) U.S. Highway 27 from its junction with Mill Road northward to its junction with State Route 62, within the jurisdiction of Morgan County; (X) State Route 167 from its intersection with Rainbow Road to its intersection with Dotson Lane, within the jurisdiction of Mountain City in Johnson County, which segment is approximately one-half (.5) mile; (Y) Old Burrville Road, which is approximately one-half (.5) mile in length, within the jurisdiction of the City of Sunbright in Morgan County; (Z) Dyna Tex Road, which is approximately one (1) mile in length, within the jurisdiction of the City of Sunbright in Morgan County; (AA) Mill Creek Road, the portion of which is within the jurisdiction of the City of Sunbright in Morgan County; (BB) State Route 173 (Simerly Creek Road) from its intersection with State Route 107 to its intersection with Old Iron Mountain Road within the jurisdiction of Unicoi County; (CC) State Route 107 from its intersection with State Route 173 (Simerly Creek Road) eastward to its intersection with Lower Stone Mountain Road, which is near Deer Haven Road, within the jurisdiction of Unicoi County; (DD) State Route 107 from its intersection with Cross Road to its intersection with Red Fork Road within the jurisdiction of Unicoi County; (EE) State Route 330 from its intersection with Hoskins Gap Road in Anderson County westward to its intersection with Railroad Avenue and then north and westward to its intersection with Winter Gap Road in the jurisdiction of Oliver Springs in Roane County; (FF) Windrock Road between Main Street and Hoskins Valley Road in Anderson County; (GG) Hoskins Valley Road between Windrock Road and Hoskins Gap Road in Anderson County; (HH) Hoskins Gap Road between Hoskins Valley Road and Frost Bottom Road in Anderson County; (II) State Route 154 from its intersection with Black House Mountain Road southward to its intersection with Laurel Creek Campground Road, then continuing on Laurel Creek Campground Road and ending at the campground, within the jurisdiction of Fentress County; and (JJ) State Route 297 beginning at its intersection with State Route 154 and ending at Station 11 of the Fentress County fire department, which segment is approximately eight-tenths (0.8) of a mile in length, within the jurisdiction of Fentress County. (2) Drivers operating vehicles pursuant to subdivisions (c)(1) and (3)-(5) shall obey the rules of the road, operate with due care, and the operator and each passenger shall wear a helmet in accordance with § 55-9-302 . While on the authorized portion of the highways designated in subdivisions (c)(1) and (3)-(5), the vehicles shall display tail lamps and headlights. Headlights on the vehicles shall, under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person two hundred feet (200') ahead. (3) Notwithstanding any law to the contrary, any off-highway motor vehicle as defined in § 55-3-101(c)(2) may be operated within the jurisdiction of Johnson County on the segment of State Route 167 from the entrance of the Roan Creek Campground to Doe Mountain, which segment is approximately one-half mile (0.5 mi.). (4) Notwithstanding any law to the contrary, any all-terrain vehicles may be operated on the following portions of highways within the jurisdiction of Anderson County: (A) State Route 116 from its intersection with Beech Grove Lane to its intersection with U.S. Highway 25W; (B) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane southward to its intersection with Jacksboro Avenue; (C) Mountainside Lane from 120 Mountainside Lane to its intersection with Colonial Lane, and then southeastward on Colonial Lane to its intersection with State Route 116 (U.S. Highway 25W); (D) Boling Road from 167 Boling Road to its intersection with Railroad Avenue, then southward on Railroad Avenue to its intersection with Norris Freeway (U.S. Highway 441), and then eastward on Norris Freeway (U.S. Highway 441) to its intersection with State Route 116 (U.S. Highway 25W); (E) State Route 116 (U.S. Highway 25W) from its intersection with Fork Mountain Road to its intersection with Windrock Trail, which is designated by the wildlife resources agency as G-71; (F) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane to its intersection with Better Chance Road; (G) U.S. Highway 441 (Norris Freeway) from its intersection with State Route 116 (U.S. Highway 25W) to 709 Norris Freeway; (H) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 74; and (I) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 75. (5) Notwithstanding any law to the contrary, any Class I or Class II off-highway vehicle as defined in § 55-8-101 that is registered pursuant to chapter 4, part 7 of this title, may be operated on the following state routes that are within the jurisdiction of Hickman County, if the requirements in § 55-8-203(c) and (d) are satisfied: (A) State Route 48 North from its intersection with State Route 100 to its intersection with Piney River Road, which is approximately eight and seven-tenths miles (8.7 miles), within the jurisdiction of Hickman County; (B) State Route 100 from its intersection with North Tidwell Road to its intersection with Wrigley Road, which is approximately four and one-tenth miles (4.1 miles), within the jurisdiction of Hickman County; and (C) State Route 230 West from its intersection with Dodd Hollow Road to its intersection with East Sugar Creek Road, which is approximately one and nine-tenths (1.9 miles), within the jurisdiction of Hickman County. (d) A violation of this section is a Class C misdemeanor punishable by a fine only of not more than fifty dollars ($50.00). (e) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an all-terrain vehicle as defined in § 55-8-101 may be operated or driven upon any unpaved streets, roads, or highways, as designated specifically for such purpose upon two-thirds (2/3) vote by the local governing body, and included within the boundaries of an adventure tourism district established pursuant to title 11, chapter 11, part 2, if such all-terrain vehicle complies with the following: (1) The governing body of a municipality or metropolitan government may regulate in any manner, by lawfully enacted ordinance, the operation of any all-terrain vehicle crossing of a street, road or highway solely under the municipality's jurisdiction; provided, that such municipality provides written notification to the department of safety prior to the effective date of the ordinance and posts appropriate signage designating such all-terrain vehicle crossing on such street, road or highway; (2) The governing body of any county may by lawfully enacted resolution regulate the operation of all-terrain vehicles on any street, road or highway solely under the county's jurisdiction; provided, that such county provides written notification to the department of safety prior to such resolution becoming effective and posts appropriate signage designating such street, road or highway for all-terrain vehicle use; (3) An all-terrain vehicle is specifically restricted to only between one-half (1/2) hour after sunrise and one-half (1/2) hour before sunset, and the headlight and taillight shall be illuminated during such operation; (4) The operator and all passengers of an all-terrain vehicle shall wear a helmet while driving or operating such vehicle on a street, road or highway; (5) Any additional safety requirements imposed by the local governing body for all-terrain vehicle operation on streets, roads or highways in such municipality, metropolitan government or county; and (6) No all-terrain vehicles shall be operated on any state highway or any highway that is a part of the interstate and defense highway system. (f) Operation of the following all-terrain vehicles shall be exempt from subsection (e): (1) All-terrain vehicles operated for agricultural purposes; and (2) Publicly-owned and operated all-terrain vehicles that are used for management, law enforcement, emergency services and other such purposes. Amended by 2024 Tenn. Acts, ch. 522,s 2, eff. 3/1/2024. Amended by 2024 Tenn. Acts, ch. 522,s 1, eff. 3/1/2024. Amended by 2023 Tenn. Acts, ch. 174, s 1, eff. 4/17/2023. Amended by 2022 Tenn. Acts, ch. 778, s 1, eff. 4/8/2022. Amended by 2021 Tenn. Acts, ch. 269, s 1, eff. 4/30/2021. Amended by 2021 Tenn. Acts, ch. 123, s 1, eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 789, s 1, eff. 7/15/2020. Amended by 2020 Tenn. Acts, ch. 773, Secs.s 1, s 2 eff. 7/15/2020. Amended by 2019 Tenn. Acts, ch. 273, s 1, eff. 4/30/2019. Amended by 2019 Tenn. Acts, ch. 235, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 206, s 1, eff. 4/25/2019. Amended by 2019 Tenn. Acts, ch. 175, s 1, eff. 4/23/2019. Amended by 2018 Tenn. Acts, ch. 658, Secs.s 1, s 2 eff. 4/9/2018. Amended by 2017 Tenn. Acts, ch. 218, s 1, eff. 4/28/2017. Amended by 2017 Tenn. Acts, ch. 183, Secs.s 1, s 2 eff. 4/27/2017. Amended by 2017 Tenn. Acts, ch. 172, s 1, eff. 4/24/2017. Amended by 2016 Tenn. Acts, ch. 790, Secs.s 12, s 12 eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 790, s 11, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 940, s 2, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 429, Secs.s 1, s 2 eff. 5/18/2015. Amended by 2014 Tenn. Acts, ch. 871, s 2, eff. 7/1/2014. Acts 1982, ch. 749, § 2; 2005, ch. 60, § 1; 2007 , ch. 448, § 1; 2011 , ch. 383, § 3. See 2024 Tenn. Acts, ch. 522, s 3.
(a) No off-highway motor vehicle as defined in § 55-3-101(c)(2) shall be operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle pursuant to §§ 55-8-101 and 55-4-136 ; is registered as a Class I or Class II off-highway vehicle pursuant to chapter 4, part 7 of this title, and operated on county roads pursuant to § 55-8-203 ; is operated or driven pursuant to subsection (c) or (e); or is operated or driven for the purpose of crossing a highway as follows: (1) On a two-lane highway, only to cross the highway at an angle of approximately ninety degrees (90°) to the direction of the roadway and at a place where a quick and safe crossing may be made; (2) With respect to the crossing of a highway having more than two (2) lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and (3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two (2) lanes or having limited access.
(1) On a two-lane highway, only to cross the highway at an angle of approximately ninety degrees (90°) to the direction of the roadway and at a place where a quick and safe crossing may be made;
(2) With respect to the crossing of a highway having more than two (2) lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and
(3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two (2) lanes or having limited access.
(b) Off-highway motor-driven cycles defined in § 55-3-101(c)(2) may be moved, by nonmechanical means only, adjacent to a roadway, in a manner so as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from, areas designed for the operation of off-highway vehicles, when no other route is available. The department or local government authority may designate access routes leading to off-highway parks as suitable for the operation of off-highway vehicles, if such access routes are available to the general public only for pedestrian and off-highway motor vehicle travel.
(c) (1) Notwithstanding any law to the contrary, three- or four-wheel all-terrain vehicles or three- or four-wheel off-highway vehicles may be operated on: (A) Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County; (B) State Route 63 between U.S. Highway 27 and Annadell Road within the jurisdiction of the Town of Huntsville in Scott County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; except, that during one (1) day on each weekend, the off-highway vehicles may be operated during the hours of daylight or nighttime until twelve o'clock (12:00) midnight. The operation pursuant to this subdivision (c)(1)(B) shall be approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency. Any local legislative body that has approved the operation of the vehicles pursuant to this subdivision (c)(1)(B) as it existed prior to April 28, 2017, shall not be required to resubmit and reapprove the operation pursuant to this subdivision (c)(1)(B) on or after April 28, 2017; (C) State Route 62 from its intersection with Wind Rock Road westward to its intersection with Winter Gap Road, then southeastward on Winter Gap Road to its intersection with State Route 61 (Railroad Avenue), then eastward on State Route 61 (Railroad Avenue) to its intersection with State Route 62, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency; (D) State Route 330 from its intersection with State Route 62 westward to its intersection with State Route 61, then southwestward on West Spring Street to its intersection with Winter Gap Road, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency; (E) State Route 63 from its intersection with Ershell Collins Road West to its intersection with Titus Hollow Road in Campbell County; (F) State Route 63 from its intersection with Old Stinking Creek Road West to its intersection with Old Highway 63 in Campbell County; (G) State Route 116 from its intersection with U.S. Highway 25W (State Route 9) West to its intersection with Better Chance Road in Campbell County; (H) U.S. Highway 25W (State Route 9) from its intersection with State Route 116 to its intersection with Dogwood Road in Campbell County; (I) U.S. Highway 25W (State Route 9) from its intersection with North Tennessee Avenue to its intersection with Ivy Dale Road in Campbell County; (J) U.S. Highway 25W (State Route 9) from its intersection with McClouds Trail to 4267 U.S. Highway 25W South, which segment is approximately two and one-half (2.5) miles long, in Campbell County; (K) U.S. Highway 25W (State Route 9) from its intersection with Elk Tower on Austin Powder Road to the Peabody Convenience Center in Campbell County; (L) U.S. Highway 25W (State Route 9) from its intersection with Highcliff Road to its intersection with the Kentucky state line at State Street in Campbell County; (M) State Route 297 from its intersection with U.S. Highway 25W to its intersection with London Avenue in Campbell County; (N) State Route 297 from its intersection with Woolridge Pike to its intersection with Whistle Creek Road in Campbell County; (O) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow Road in Campbell County; (P) State Route 116 from its intersection with Rattlesnake Ridge Road, which is approximately one and two-tenths (1.2) miles north of State Route 62, then northward on State Route 116 for approximately three and four-tenths (3.4) miles to its intersection with the walking trails of Frozen Head State Park and Trail 27 of Wind Rock Park, within Morgan County between the hours of eight o'clock a.m. (8:00 a.m.) and eight o'clock p.m. (8:00 p.m.); (Q) State Route 53 beginning from the Granville Marina and Resort and ending at the Sutton Homestead in the Town of Granville; (R) State Route 167 from mile marker 10 to mile marker 13, within the jurisdiction of Johnson County; (S) State Route 133 from its intersection with U.S. Highway 421 to the Tennessee-Virginia state line, within the jurisdiction of Johnson County; (T) U.S. Highway 421 from the Mountain City limits to its intersection with Corner Road, within the jurisdiction of Johnson County; (U) State Route 13 from the Wayne County - Perry County boundary to its intersection with Turnbo Lane, within the jurisdiction of Perry County; (V) State Route 329 from its intersection with U.S. Highway 27 to 849 Deer Lodge Highway, within the jurisdiction of the City of Sunbright in Morgan County; (W) U.S. Highway 27 from its junction with Mill Road northward to its junction with State Route 62, within the jurisdiction of Morgan County; (X) State Route 167 from its intersection with Rainbow Road to its intersection with Dotson Lane, within the jurisdiction of Mountain City in Johnson County, which segment is approximately one-half (.5) mile; (Y) Old Burrville Road, which is approximately one-half (.5) mile in length, within the jurisdiction of the City of Sunbright in Morgan County; (Z) Dyna Tex Road, which is approximately one (1) mile in length, within the jurisdiction of the City of Sunbright in Morgan County; (AA) Mill Creek Road, the portion of which is within the jurisdiction of the City of Sunbright in Morgan County; (BB) State Route 173 (Simerly Creek Road) from its intersection with State Route 107 to its intersection with Old Iron Mountain Road within the jurisdiction of Unicoi County; (CC) State Route 107 from its intersection with State Route 173 (Simerly Creek Road) eastward to its intersection with Lower Stone Mountain Road, which is near Deer Haven Road, within the jurisdiction of Unicoi County; (DD) State Route 107 from its intersection with Cross Road to its intersection with Red Fork Road within the jurisdiction of Unicoi County; (EE) State Route 330 from its intersection with Hoskins Gap Road in Anderson County westward to its intersection with Railroad Avenue and then north and westward to its intersection with Winter Gap Road in the jurisdiction of Oliver Springs in Roane County; (FF) Windrock Road between Main Street and Hoskins Valley Road in Anderson County; (GG) Hoskins Valley Road between Windrock Road and Hoskins Gap Road in Anderson County; (HH) Hoskins Gap Road between Hoskins Valley Road and Frost Bottom Road in Anderson County; (II) State Route 154 from its intersection with Black House Mountain Road southward to its intersection with Laurel Creek Campground Road, then continuing on Laurel Creek Campground Road and ending at the campground, within the jurisdiction of Fentress County; and (JJ) State Route 297 beginning at its intersection with State Route 154 and ending at Station 11 of the Fentress County fire department, which segment is approximately eight-tenths (0.8) of a mile in length, within the jurisdiction of Fentress County. (2) Drivers operating vehicles pursuant to subdivisions (c)(1) and (3)-(5) shall obey the rules of the road, operate with due care, and the operator and each passenger shall wear a helmet in accordance with § 55-9-302 . While on the authorized portion of the highways designated in subdivisions (c)(1) and (3)-(5), the vehicles shall display tail lamps and headlights. Headlights on the vehicles shall, under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person two hundred feet (200') ahead. (3) Notwithstanding any law to the contrary, any off-highway motor vehicle as defined in § 55-3-101(c)(2) may be operated within the jurisdiction of Johnson County on the segment of State Route 167 from the entrance of the Roan Creek Campground to Doe Mountain, which segment is approximately one-half mile (0.5 mi.). (4) Notwithstanding any law to the contrary, any all-terrain vehicles may be operated on the following portions of highways within the jurisdiction of Anderson County: (A) State Route 116 from its intersection with Beech Grove Lane to its intersection with U.S. Highway 25W; (B) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane southward to its intersection with Jacksboro Avenue; (C) Mountainside Lane from 120 Mountainside Lane to its intersection with Colonial Lane, and then southeastward on Colonial Lane to its intersection with State Route 116 (U.S. Highway 25W); (D) Boling Road from 167 Boling Road to its intersection with Railroad Avenue, then southward on Railroad Avenue to its intersection with Norris Freeway (U.S. Highway 441), and then eastward on Norris Freeway (U.S. Highway 441) to its intersection with State Route 116 (U.S. Highway 25W); (E) State Route 116 (U.S. Highway 25W) from its intersection with Fork Mountain Road to its intersection with Windrock Trail, which is designated by the wildlife resources agency as G-71; (F) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane to its intersection with Better Chance Road; (G) U.S. Highway 441 (Norris Freeway) from its intersection with State Route 116 (U.S. Highway 25W) to 709 Norris Freeway; (H) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 74; and (I) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 75. (5) Notwithstanding any law to the contrary, any Class I or Class II off-highway vehicle as defined in § 55-8-101 that is registered pursuant to chapter 4, part 7 of this title, may be operated on the following state routes that are within the jurisdiction of Hickman County, if the requirements in § 55-8-203(c) and (d) are satisfied: (A) State Route 48 North from its intersection with State Route 100 to its intersection with Piney River Road, which is approximately eight and seven-tenths miles (8.7 miles), within the jurisdiction of Hickman County; (B) State Route 100 from its intersection with North Tidwell Road to its intersection with Wrigley Road, which is approximately four and one-tenth miles (4.1 miles), within the jurisdiction of Hickman County; and (C) State Route 230 West from its intersection with Dodd Hollow Road to its intersection with East Sugar Creek Road, which is approximately one and nine-tenths (1.9 miles), within the jurisdiction of Hickman County.
(1) Notwithstanding any law to the contrary, three- or four-wheel all-terrain vehicles or three- or four-wheel off-highway vehicles may be operated on: (A) Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County; (B) State Route 63 between U.S. Highway 27 and Annadell Road within the jurisdiction of the Town of Huntsville in Scott County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; except, that during one (1) day on each weekend, the off-highway vehicles may be operated during the hours of daylight or nighttime until twelve o'clock (12:00) midnight. The operation pursuant to this subdivision (c)(1)(B) shall be approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency. Any local legislative body that has approved the operation of the vehicles pursuant to this subdivision (c)(1)(B) as it existed prior to April 28, 2017, shall not be required to resubmit and reapprove the operation pursuant to this subdivision (c)(1)(B) on or after April 28, 2017; (C) State Route 62 from its intersection with Wind Rock Road westward to its intersection with Winter Gap Road, then southeastward on Winter Gap Road to its intersection with State Route 61 (Railroad Avenue), then eastward on State Route 61 (Railroad Avenue) to its intersection with State Route 62, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency; (D) State Route 330 from its intersection with State Route 62 westward to its intersection with State Route 61, then southwestward on West Spring Street to its intersection with Winter Gap Road, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency; (E) State Route 63 from its intersection with Ershell Collins Road West to its intersection with Titus Hollow Road in Campbell County; (F) State Route 63 from its intersection with Old Stinking Creek Road West to its intersection with Old Highway 63 in Campbell County; (G) State Route 116 from its intersection with U.S. Highway 25W (State Route 9) West to its intersection with Better Chance Road in Campbell County; (H) U.S. Highway 25W (State Route 9) from its intersection with State Route 116 to its intersection with Dogwood Road in Campbell County; (I) U.S. Highway 25W (State Route 9) from its intersection with North Tennessee Avenue to its intersection with Ivy Dale Road in Campbell County; (J) U.S. Highway 25W (State Route 9) from its intersection with McClouds Trail to 4267 U.S. Highway 25W South, which segment is approximately two and one-half (2.5) miles long, in Campbell County; (K) U.S. Highway 25W (State Route 9) from its intersection with Elk Tower on Austin Powder Road to the Peabody Convenience Center in Campbell County; (L) U.S. Highway 25W (State Route 9) from its intersection with Highcliff Road to its intersection with the Kentucky state line at State Street in Campbell County; (M) State Route 297 from its intersection with U.S. Highway 25W to its intersection with London Avenue in Campbell County; (N) State Route 297 from its intersection with Woolridge Pike to its intersection with Whistle Creek Road in Campbell County; (O) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow Road in Campbell County; (P) State Route 116 from its intersection with Rattlesnake Ridge Road, which is approximately one and two-tenths (1.2) miles north of State Route 62, then northward on State Route 116 for approximately three and four-tenths (3.4) miles to its intersection with the walking trails of Frozen Head State Park and Trail 27 of Wind Rock Park, within Morgan County between the hours of eight o'clock a.m. (8:00 a.m.) and eight o'clock p.m. (8:00 p.m.); (Q) State Route 53 beginning from the Granville Marina and Resort and ending at the Sutton Homestead in the Town of Granville; (R) State Route 167 from mile marker 10 to mile marker 13, within the jurisdiction of Johnson County; (S) State Route 133 from its intersection with U.S. Highway 421 to the Tennessee-Virginia state line, within the jurisdiction of Johnson County; (T) U.S. Highway 421 from the Mountain City limits to its intersection with Corner Road, within the jurisdiction of Johnson County; (U) State Route 13 from the Wayne County - Perry County boundary to its intersection with Turnbo Lane, within the jurisdiction of Perry County; (V) State Route 329 from its intersection with U.S. Highway 27 to 849 Deer Lodge Highway, within the jurisdiction of the City of Sunbright in Morgan County; (W) U.S. Highway 27 from its junction with Mill Road northward to its junction with State Route 62, within the jurisdiction of Morgan County; (X) State Route 167 from its intersection with Rainbow Road to its intersection with Dotson Lane, within the jurisdiction of Mountain City in Johnson County, which segment is approximately one-half (.5) mile; (Y) Old Burrville Road, which is approximately one-half (.5) mile in length, within the jurisdiction of the City of Sunbright in Morgan County; (Z) Dyna Tex Road, which is approximately one (1) mile in length, within the jurisdiction of the City of Sunbright in Morgan County; (AA) Mill Creek Road, the portion of which is within the jurisdiction of the City of Sunbright in Morgan County; (BB) State Route 173 (Simerly Creek Road) from its intersection with State Route 107 to its intersection with Old Iron Mountain Road within the jurisdiction of Unicoi County; (CC) State Route 107 from its intersection with State Route 173 (Simerly Creek Road) eastward to its intersection with Lower Stone Mountain Road, which is near Deer Haven Road, within the jurisdiction of Unicoi County; (DD) State Route 107 from its intersection with Cross Road to its intersection with Red Fork Road within the jurisdiction of Unicoi County; (EE) State Route 330 from its intersection with Hoskins Gap Road in Anderson County westward to its intersection with Railroad Avenue and then north and westward to its intersection with Winter Gap Road in the jurisdiction of Oliver Springs in Roane County; (FF) Windrock Road between Main Street and Hoskins Valley Road in Anderson County; (GG) Hoskins Valley Road between Windrock Road and Hoskins Gap Road in Anderson County; (HH) Hoskins Gap Road between Hoskins Valley Road and Frost Bottom Road in Anderson County; (II) State Route 154 from its intersection with Black House Mountain Road southward to its intersection with Laurel Creek Campground Road, then continuing on Laurel Creek Campground Road and ending at the campground, within the jurisdiction of Fentress County; and (JJ) State Route 297 beginning at its intersection with State Route 154 and ending at Station 11 of the Fentress County fire department, which segment is approximately eight-tenths (0.8) of a mile in length, within the jurisdiction of Fentress County.
(A) Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County;
(B) State Route 63 between U.S. Highway 27 and Annadell Road within the jurisdiction of the Town of Huntsville in Scott County on any two (2) weekends per year during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; except, that during one (1) day on each weekend, the off-highway vehicles may be operated during the hours of daylight or nighttime until twelve o'clock (12:00) midnight. The operation pursuant to this subdivision (c)(1)(B) shall be approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency. Any local legislative body that has approved the operation of the vehicles pursuant to this subdivision (c)(1)(B) as it existed prior to April 28, 2017, shall not be required to resubmit and reapprove the operation pursuant to this subdivision (c)(1)(B) on or after April 28, 2017;
(C) State Route 62 from its intersection with Wind Rock Road westward to its intersection with Winter Gap Road, then southeastward on Winter Gap Road to its intersection with State Route 61 (Railroad Avenue), then eastward on State Route 61 (Railroad Avenue) to its intersection with State Route 62, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency;
(D) State Route 330 from its intersection with State Route 62 westward to its intersection with State Route 61, then southwestward on West Spring Street to its intersection with Winter Gap Road, within the jurisdiction of Oliver Springs in Anderson County during the hours of daylight, which includes the thirty (30) minutes before dawn and the thirty (30) minutes after dusk; provided, that the operation is approved by a two-thirds (2/3) vote of the local legislative body of the municipality and monitored by a local law enforcement agency;
(E) State Route 63 from its intersection with Ershell Collins Road West to its intersection with Titus Hollow Road in Campbell County;
(F) State Route 63 from its intersection with Old Stinking Creek Road West to its intersection with Old Highway 63 in Campbell County;
(G) State Route 116 from its intersection with U.S. Highway 25W (State Route 9) West to its intersection with Better Chance Road in Campbell County;
(H) U.S. Highway 25W (State Route 9) from its intersection with State Route 116 to its intersection with Dogwood Road in Campbell County;
(I) U.S. Highway 25W (State Route 9) from its intersection with North Tennessee Avenue to its intersection with Ivy Dale Road in Campbell County;
(J) U.S. Highway 25W (State Route 9) from its intersection with McClouds Trail to 4267 U.S. Highway 25W South, which segment is approximately two and one-half (2.5) miles long, in Campbell County;
(K) U.S. Highway 25W (State Route 9) from its intersection with Elk Tower on Austin Powder Road to the Peabody Convenience Center in Campbell County;
(L) U.S. Highway 25W (State Route 9) from its intersection with Highcliff Road to its intersection with the Kentucky state line at State Street in Campbell County;
(M) State Route 297 from its intersection with U.S. Highway 25W to its intersection with London Avenue in Campbell County;
(N) State Route 297 from its intersection with Woolridge Pike to its intersection with Whistle Creek Road in Campbell County;
(O) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow Road in Campbell County;
(P) State Route 116 from its intersection with Rattlesnake Ridge Road, which is approximately one and two-tenths (1.2) miles north of State Route 62, then northward on State Route 116 for approximately three and four-tenths (3.4) miles to its intersection with the walking trails of Frozen Head State Park and Trail 27 of Wind Rock Park, within Morgan County between the hours of eight o'clock a.m. (8:00 a.m.) and eight o'clock p.m. (8:00 p.m.);
(Q) State Route 53 beginning from the Granville Marina and Resort and ending at the Sutton Homestead in the Town of Granville;
(R) State Route 167 from mile marker 10 to mile marker 13, within the jurisdiction of Johnson County;
(S) State Route 133 from its intersection with U.S. Highway 421 to the Tennessee-Virginia state line, within the jurisdiction of Johnson County;
(T) U.S. Highway 421 from the Mountain City limits to its intersection with Corner Road, within the jurisdiction of Johnson County;
(U) State Route 13 from the Wayne County - Perry County boundary to its intersection with Turnbo Lane, within the jurisdiction of Perry County;
(V) State Route 329 from its intersection with U.S. Highway 27 to 849 Deer Lodge Highway, within the jurisdiction of the City of Sunbright in Morgan County;
(W) U.S. Highway 27 from its junction with Mill Road northward to its junction with State Route 62, within the jurisdiction of Morgan County;
(X) State Route 167 from its intersection with Rainbow Road to its intersection with Dotson Lane, within the jurisdiction of Mountain City in Johnson County, which segment is approximately one-half (.5) mile;
(Y) Old Burrville Road, which is approximately one-half (.5) mile in length, within the jurisdiction of the City of Sunbright in Morgan County;
(Z) Dyna Tex Road, which is approximately one (1) mile in length, within the jurisdiction of the City of Sunbright in Morgan County;
(AA) Mill Creek Road, the portion of which is within the jurisdiction of the City of Sunbright in Morgan County;
(BB) State Route 173 (Simerly Creek Road) from its intersection with State Route 107 to its intersection with Old Iron Mountain Road within the jurisdiction of Unicoi County;
(CC) State Route 107 from its intersection with State Route 173 (Simerly Creek Road) eastward to its intersection with Lower Stone Mountain Road, which is near Deer Haven Road, within the jurisdiction of Unicoi County;
(DD) State Route 107 from its intersection with Cross Road to its intersection with Red Fork Road within the jurisdiction of Unicoi County;
(EE) State Route 330 from its intersection with Hoskins Gap Road in Anderson County westward to its intersection with Railroad Avenue and then north and westward to its intersection with Winter Gap Road in the jurisdiction of Oliver Springs in Roane County;
(FF) Windrock Road between Main Street and Hoskins Valley Road in Anderson County;
(GG) Hoskins Valley Road between Windrock Road and Hoskins Gap Road in Anderson County;
(HH) Hoskins Gap Road between Hoskins Valley Road and Frost Bottom Road in Anderson County;
(II) State Route 154 from its intersection with Black House Mountain Road southward to its intersection with Laurel Creek Campground Road, then continuing on Laurel Creek Campground Road and ending at the campground, within the jurisdiction of Fentress County; and
(JJ) State Route 297 beginning at its intersection with State Route 154 and ending at Station 11 of the Fentress County fire department, which segment is approximately eight-tenths (0.8) of a mile in length, within the jurisdiction of Fentress County.
(2) Drivers operating vehicles pursuant to subdivisions (c)(1) and (3)-(5) shall obey the rules of the road, operate with due care, and the operator and each passenger shall wear a helmet in accordance with § 55-9-302 . While on the authorized portion of the highways designated in subdivisions (c)(1) and (3)-(5), the vehicles shall display tail lamps and headlights. Headlights on the vehicles shall, under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person two hundred feet (200') ahead.
(3) Notwithstanding any law to the contrary, any off-highway motor vehicle as defined in § 55-3-101(c)(2) may be operated within the jurisdiction of Johnson County on the segment of State Route 167 from the entrance of the Roan Creek Campground to Doe Mountain, which segment is approximately one-half mile (0.5 mi.).
(4) Notwithstanding any law to the contrary, any all-terrain vehicles may be operated on the following portions of highways within the jurisdiction of Anderson County: (A) State Route 116 from its intersection with Beech Grove Lane to its intersection with U.S. Highway 25W; (B) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane southward to its intersection with Jacksboro Avenue; (C) Mountainside Lane from 120 Mountainside Lane to its intersection with Colonial Lane, and then southeastward on Colonial Lane to its intersection with State Route 116 (U.S. Highway 25W); (D) Boling Road from 167 Boling Road to its intersection with Railroad Avenue, then southward on Railroad Avenue to its intersection with Norris Freeway (U.S. Highway 441), and then eastward on Norris Freeway (U.S. Highway 441) to its intersection with State Route 116 (U.S. Highway 25W); (E) State Route 116 (U.S. Highway 25W) from its intersection with Fork Mountain Road to its intersection with Windrock Trail, which is designated by the wildlife resources agency as G-71; (F) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane to its intersection with Better Chance Road; (G) U.S. Highway 441 (Norris Freeway) from its intersection with State Route 116 (U.S. Highway 25W) to 709 Norris Freeway; (H) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 74; and (I) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 75.
(A) State Route 116 from its intersection with Beech Grove Lane to its intersection with U.S. Highway 25W;
(B) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane southward to its intersection with Jacksboro Avenue;
(C) Mountainside Lane from 120 Mountainside Lane to its intersection with Colonial Lane, and then southeastward on Colonial Lane to its intersection with State Route 116 (U.S. Highway 25W);
(D) Boling Road from 167 Boling Road to its intersection with Railroad Avenue, then southward on Railroad Avenue to its intersection with Norris Freeway (U.S. Highway 441), and then eastward on Norris Freeway (U.S. Highway 441) to its intersection with State Route 116 (U.S. Highway 25W);
(E) State Route 116 (U.S. Highway 25W) from its intersection with Fork Mountain Road to its intersection with Windrock Trail, which is designated by the wildlife resources agency as G-71;
(F) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane to its intersection with Better Chance Road;
(G) U.S. Highway 441 (Norris Freeway) from its intersection with State Route 116 (U.S. Highway 25W) to 709 Norris Freeway;
(H) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 74; and
(I) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 75.
(5) Notwithstanding any law to the contrary, any Class I or Class II off-highway vehicle as defined in § 55-8-101 that is registered pursuant to chapter 4, part 7 of this title, may be operated on the following state routes that are within the jurisdiction of Hickman County, if the requirements in § 55-8-203(c) and (d) are satisfied: (A) State Route 48 North from its intersection with State Route 100 to its intersection with Piney River Road, which is approximately eight and seven-tenths miles (8.7 miles), within the jurisdiction of Hickman County; (B) State Route 100 from its intersection with North Tidwell Road to its intersection with Wrigley Road, which is approximately four and one-tenth miles (4.1 miles), within the jurisdiction of Hickman County; and (C) State Route 230 West from its intersection with Dodd Hollow Road to its intersection with East Sugar Creek Road, which is approximately one and nine-tenths (1.9 miles), within the jurisdiction of Hickman County.
(A) State Route 48 North from its intersection with State Route 100 to its intersection with Piney River Road, which is approximately eight and seven-tenths miles (8.7 miles), within the jurisdiction of Hickman County;
(B) State Route 100 from its intersection with North Tidwell Road to its intersection with Wrigley Road, which is approximately four and one-tenth miles (4.1 miles), within the jurisdiction of Hickman County; and
(C) State Route 230 West from its intersection with Dodd Hollow Road to its intersection with East Sugar Creek Road, which is approximately one and nine-tenths (1.9 miles), within the jurisdiction of Hickman County.
(d) A violation of this section is a Class C misdemeanor punishable by a fine only of not more than fifty dollars ($50.00).
(e) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an all-terrain vehicle as defined in § 55-8-101 may be operated or driven upon any unpaved streets, roads, or highways, as designated specifically for such purpose upon two-thirds (2/3) vote by the local governing body, and included within the boundaries of an adventure tourism district established pursuant to title 11, chapter 11, part 2, if such all-terrain vehicle complies with the following: (1) The governing body of a municipality or metropolitan government may regulate in any manner, by lawfully enacted ordinance, the operation of any all-terrain vehicle crossing of a street, road or highway solely under the municipality's jurisdiction; provided, that such municipality provides written notification to the department of safety prior to the effective date of the ordinance and posts appropriate signage designating such all-terrain vehicle crossing on such street, road or highway; (2) The governing body of any county may by lawfully enacted resolution regulate the operation of all-terrain vehicles on any street, road or highway solely under the county's jurisdiction; provided, that such county provides written notification to the department of safety prior to such resolution becoming effective and posts appropriate signage designating such street, road or highway for all-terrain vehicle use; (3) An all-terrain vehicle is specifically restricted to only between one-half (1/2) hour after sunrise and one-half (1/2) hour before sunset, and the headlight and taillight shall be illuminated during such operation; (4) The operator and all passengers of an all-terrain vehicle shall wear a helmet while driving or operating such vehicle on a street, road or highway; (5) Any additional safety requirements imposed by the local governing body for all-terrain vehicle operation on streets, roads or highways in such municipality, metropolitan government or county; and (6) No all-terrain vehicles shall be operated on any state highway or any highway that is a part of the interstate and defense highway system.
(1) The governing body of a municipality or metropolitan government may regulate in any manner, by lawfully enacted ordinance, the operation of any all-terrain vehicle crossing of a street, road or highway solely under the municipality's jurisdiction; provided, that such municipality provides written notification to the department of safety prior to the effective date of the ordinance and posts appropriate signage designating such all-terrain vehicle crossing on such street, road or highway;
(2) The governing body of any county may by lawfully enacted resolution regulate the operation of all-terrain vehicles on any street, road or highway solely under the county's jurisdiction; provided, that such county provides written notification to the department of safety prior to such resolution becoming effective and posts appropriate signage designating such street, road or highway for all-terrain vehicle use;
(3) An all-terrain vehicle is specifically restricted to only between one-half (1/2) hour after sunrise and one-half (1/2) hour before sunset, and the headlight and taillight shall be illuminated during such operation;
(4) The operator and all passengers of an all-terrain vehicle shall wear a helmet while driving or operating such vehicle on a street, road or highway;
(5) Any additional safety requirements imposed by the local governing body for all-terrain vehicle operation on streets, roads or highways in such municipality, metropolitan government or county; and
(6) No all-terrain vehicles shall be operated on any state highway or any highway that is a part of the interstate and defense highway system.
(f) Operation of the following all-terrain vehicles shall be exempt from subsection (e): (1) All-terrain vehicles operated for agricultural purposes; and (2) Publicly-owned and operated all-terrain vehicles that are used for management, law enforcement, emergency services and other such purposes.
(1) All-terrain vehicles operated for agricultural purposes; and
(2) Publicly-owned and operated all-terrain vehicles that are used for management, law enforcement, emergency services and other such purposes.
Amended by 2024 Tenn. Acts, ch. 522,s 2, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 522,s 1, eff. 3/1/2024.
Amended by 2023 Tenn. Acts, ch. 174, s 1, eff. 4/17/2023.
Amended by 2022 Tenn. Acts, ch. 778, s 1, eff. 4/8/2022.
Amended by 2021 Tenn. Acts, ch. 269, s 1, eff. 4/30/2021.
Amended by 2021 Tenn. Acts, ch. 123, s 1, eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 789, s 1, eff. 7/15/2020.
Amended by 2020 Tenn. Acts, ch. 773, Secs.s 1, s 2 eff. 7/15/2020.
Amended by 2019 Tenn. Acts, ch. 273, s 1, eff. 4/30/2019.
Amended by 2019 Tenn. Acts, ch. 235, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 206, s 1, eff. 4/25/2019.
Amended by 2019 Tenn. Acts, ch. 175, s 1, eff. 4/23/2019.
Amended by 2018 Tenn. Acts, ch. 658, Secs.s 1, s 2 eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 218, s 1, eff. 4/28/2017.
Amended by 2017 Tenn. Acts, ch. 183, Secs.s 1, s 2 eff. 4/27/2017.
Amended by 2017 Tenn. Acts, ch. 172, s 1, eff. 4/24/2017.
Amended by 2016 Tenn. Acts, ch. 790, Secs.s 12, s 12 eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 790, s 11, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 940, s 2, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 429, Secs.s 1, s 2 eff. 5/18/2015.
Amended by 2014 Tenn. Acts, ch. 871, s 2, eff. 7/1/2014.
Acts 1982, ch. 749, § 2; 2005, ch. 60, § 1; 2007 , ch. 448, § 1; 2011 , ch. 383, § 3.
See 2024 Tenn. Acts, ch. 522, s 3.
Tenn. Code Ann. § 55-24-110 — TN Code / Title 55 / Chapter 24 / Section 55-24-110
Election of remedies
Status: in_force

(a) Nothing in this chapter shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law. (b) In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under this chapter shall not be available insofar as it would result in recovery in excess of the recovery authorized by § 55-24-103 without proof of fault resulting in damages in excess of the recovery. (c) Any agreement entered into by a consumer for, or in connection with, the purchase or lease of a new motor vehicle that waives, limits or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the motor vehicle. Acts 1986, ch. 857, § 10; T.C.A. § 55-24-210.
(a) Nothing in this chapter shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law.
(b) In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under this chapter shall not be available insofar as it would result in recovery in excess of the recovery authorized by § 55-24-103 without proof of fault resulting in damages in excess of the recovery.
(c) Any agreement entered into by a consumer for, or in connection with, the purchase or lease of a new motor vehicle that waives, limits or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the motor vehicle.
Acts 1986, ch. 857, § 10; T.C.A. § 55-24-210.
Tenn. Code Ann. § 55-17-114 — TN Code / Title 55 / Chapter 17 / Section 55-17-114
Grounds for denial, suspension, or revocation of license
Status: in_force

(a) (1) The commission may deny any application for a license or revoke or suspend any license after it has been issued upon finding that: (A) The applicant or license holder was previously the holder of a license issued under this part or part 4 of this chapter, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled; (B) The applicant or license holder was previously a partner, stockholder, director or officer controlling or managing a partnership or corporation whose license issued under this part or part 4 of this chapter was revoked for cause and never reissued or was suspended for cause and the terms of the suspension have not been terminated; (C) The licensee or applicant has been convicted of a crime of moral turpitude and fewer than five (5) years have passed since the licensee or applicant has completed serving the licensee's or applicant's sentence, including parole or probation, whichever is later; (D) The applicant or license holder has filed an application for a license that as of its effective date was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact; (E) The applicant or license holder has willfully and continually failed to pay the proper application or license fee; (F) The applicant or license holder has practiced fraud in the conduct of business; (G) (i) (a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or (b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)( a ) shall apply; (ii) (a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or (b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or (iii) The license holder need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer; or (H) The applicant or license holder has failed to make available for inspection to the commission or its agents all books, records, and other memoranda of all transactions, transfers, or sales of motor vehicles; (2) The commission shall promulgate a rule to provide that consumer information regarding chapter 24 of this title will be made available to their customers. (b) (1) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of a motor vehicle dealer or salesperson who: (A) Has required the purchaser of a motor vehicle as a condition of sale and delivery thereof to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser, unless the features, appliances, accessories or equipment are the type that are ordinarily installed on the vehicle by the manufacturer or distributor when the vehicle is received or acquired by the dealer; (B) Has represented or sold as a new or unused motor vehicle any vehicle that has been operated for demonstration purposes or that is otherwise a used motor vehicle; (C) Has sold or offered for sale as a new or unused motor vehicle any motor vehicle for which the dealer or salesperson cannot secure for the purchaser of the motor vehicle such new car warranty as may be extended by the manufacturer of the vehicle to purchasers of one (1) of its new vehicles, unless the fact that the vehicle is being sold without a manufacturer's warranty is communicated to the purchaser and disclosed prominently in writing on the bill of sale; (D) Has no established place of business that is used or will be used primarily for the purpose of selling, buying, displaying, repairing or servicing motor vehicles; (E) Resorts to or uses false or misleading representations in connection with that person's business as a motor vehicle dealer or salesperson; provided, that dealers are specifically authorized to charge a document preparation fee, processing fee or servicing fee in addition to the sales price of the motor vehicle and these fees shall not be deemed to be a false or misleading representation made in connection with the sale of a motor vehicle, nor a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and provided further, that the amount of these fees is separately stated and clearly and conspicuously disclosed on the face of the sales contract or buyer's invoice prior to the buyer's execution thereof. For purposes of this subdivision (b)(1)(E), the disclosure shall be deemed to be "conspicuous" if it is listed on the contract or invoice in the same place and manner and in type face no smaller or less obvious than the other type face used therein with respect to other charges listed, and shall be deemed to be "clear" if it states that the charge is a fee for "document preparation," "processing" or "servicing" or language or abbreviations to the same or a similar effect. The authorization provided by this subdivision (b)(1)(E) shall not apply if the dealer represents to the buyer that the fee is required by or will be paid to any governmental agency or entity; (F) Gives false or fictitious names or addresses for the purpose of registering the sale of a motor vehicle or who makes application for the registration of a motor vehicle in the name of any person other than the true owner; (G) Employs any person who has not been licensed as a salesperson pursuant to this part; (H) Fails to reasonably supervise agents, salespersons or employees; (I) Uses or permits the use of special license plates assigned to that person for any purpose other than those permitted by law; (J) Disconnects, turns back or resets the odometer of any motor vehicle in violation of state or federal law, except as provided for in § 39-14-132(b) ; (K) Commits any act or practice involving the purchase, sale, repair or servicing of a motor vehicle or the parts or accessories of a motor vehicle, that, in the opinion of the commission, is false, fraudulent or deceptive; (L) Increases the price of a new motor vehicle to a retail customer after the dealer has accepted an order of purchase or a contract from a buyer, except that a trade-in vehicle may be reappraised if it subsequently suffered damage, or parts or accessories have been removed. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease; (M) Possesses any certificate of title that is not a closed title, unless the motor vehicle dealer maintains an executed consignment form developed by the commission on each motor vehicle that does not have a closed title; (N) Issues more temporary plates than allowed by law or fails to maintain a record of the issuance of temporary plates; (O) Engaged in curbstoning, as defined in § 55-31-102 ; (P) Prior to a motor vehicle being subject to a public automobile auction, the public automobile auctioneer shall verify that the motor vehicle has a clean and unencumbered title, by obtaining a valid motor vehicle title history from the department of revenue or if the motor vehicle is registered in a state other than this state, the appropriate titling agency in the other state; (Q) All public automobile auctions must take place at the established place of business listed on the motor vehicle dealer license; (R) The public automobile auction shall not sell new or unused motor vehicles or vehicles with a manufacturer's statement of origin; (S) The public automobile auctioneer shall take possession of and retain title to each motor vehicle offered for sale at the auction. If the sale is finalized on a motor vehicle, the owner of the vehicle shall sign the title over to the public automobile auctioneer who shall then sign the title over to and deliver the title to the buyer on the date of the sale. If a sale of the vehicle is not made, then the unsigned title shall be returned to the owner of the vehicle who offered the vehicle for sale at the auction. At all times, the public automobile auction shall be deemed the seller of the motor vehicle with the same duties and responsibilities as other licensed motor vehicle dealers; or (T) Fails to maintain a record of a customer's motor vehicle liability insurance coverage or other proof of financial responsibility for any customer who is issued a temporary plate by a motor vehicle dealer who finances the sale of used motor vehicles and retains the title to such vehicles. The record shall be maintained in the same manner or for the same period of time as the record of issuance of temporary plates described in subdivision (b)(1)(N). (2) Whenever any licensee pleads guilty or is convicted of the offense of odometer tampering or any other criminal offense involving moral turpitude, the licensee must within sixty (60) days so notify the commission and must provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the guilty plea or conviction unless, during the sixty-day period, the licensee makes a written request to the commission for a hearing. Following the hearing, the commission in its discretion may impose upon the licensee any sanction permitted by this part. (3) A motor vehicle dealer shall pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received actual payment on the financing contract for the new motor vehicle purchase. (4) (A) Notwithstanding any law to the contrary, the commission may revoke or suspend the license of or levy a civil penalty against any motor vehicle dealer who, in a motor vehicle transaction that is conditioned upon final funding to the dealer by a third-party financial institution, fails to: (i) Provide in writing to the customer the conditional delivery agreement set forth in subdivision (b)(4)(D); (ii) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution; (iii) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or (iv) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase. (B) As used in this subdivision (b)(4), "funding" means actual payment to the dealer by the financial institution purchasing the financing contract or lease. (C) Compliance with subdivisions (b)(4)(A) and (B) may not be waived by any consumer. (D) The form of the conditional delivery agreement shall be as follows: Click here to view form (c) In addition to the grounds contained in subsection (a), the commission may deny an application for a license, or revoke or suspend the license of a manufacturer, distributor, distributor branch, factory branch or officer, agent or other representative thereof who has: (1) Refused to deliver to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new and unused motor vehicles sold or distributed by the manufacturer, distributor, distributor branch or factory branch any motor vehicle publicly advertised for immediate delivery within sixty (60) days after the dealer's order has been received; (2) Sold or offered for sale to a franchised dealer any supplies, material, or other things of value at the time of and as a part of the negotiations for a new or renewal franchise or contract renewing or extending for an additional period of time the dealer's franchise agreement, regardless of whether the sale or offer of sale shall be made a prerequisite to the renewal of a franchise agreement or not; (3) Unfairly or without due regard to the equities or without just provocation cancelled or failed to renew the franchise or selling agreement of a motor vehicle dealer; (4) Entered into a franchise agreement with a dealer who does not have, or is not able to provide, proper facilities to provide the services to the purchasers of new motor vehicles that are guaranteed by the new car warranties issued by the manufacturer; (5) Prevented or required, or attempted to prevent or require, by contract or otherwise, any change in the capital structure of the dealership or the means by or through which the dealer finances the operation of the dealership; provided, that the dealer at all times meets any reasonable capital standards agreed to by the dealer and the manufacturer or distributor; and provided further, that no change in capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor; (6) Prevented or required, or has attempted to prevent or require, a dealer to change the executive management of the dealership, other than the principal dealership operator or operators, if the franchise was granted to the dealer in reliance upon the personal qualifications of the person or persons; (7) Prevented or required, or has attempted to prevent or require, by contract or otherwise, any dealer, or any officer, partner, or stockholder of any dealership, the sale or transfer of any part of the interest of any of them to any other person or persons. No dealer, officer, partner, or stockholder, however, has the right to sell, transfer, or assign the franchise, or any right thereunder, without the consent of the manufacturer or distributor, except that the consent shall not be unreasonably withheld; (8) Prevented, or has attempted to prevent, a dealer from receiving fair and reasonable compensation for the value of the franchise business. There shall be no transfer or assignment of the dealer's franchise without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld; (9) Obtained money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to the dealer; (10) Required a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability to be imposed by this part, or has required any controversy between a dealer and manufacturer, distributor, or its representative, to be referred to any person other than the commission if the referral would be binding on the dealer. This subdivision (c)(10) shall not, however, prohibit arbitration before an independent arbitrator or the commencement of any legal action; (11) Increased prices of motor vehicles that the dealer has ordered but not delivered for private retail customers prior to the dealer's receipt of the written official price increase notification. A sales contract by a private retail customer shall constitute evidence of each such order. In the event of manufacturer price reductions, the amount of any reduction received by a dealer shall be passed on to the private retail customer by the dealer, if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reduction shall apply to all vehicles in the dealer's inventory that are subject to the price reduction. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease. Price changes caused by either: (A) The addition to a motor vehicle of required or optional equipment pursuant to state or federal law; or (B) Revaluation of the United States dollar in the case of foreign-make vehicles; shall not be subject to this subsection (c); (12) Failed to pay a dealer, within a reasonable time following receipt of a valid claim by a dealer thereof, any payment agreed to be made by the manufacturer or distributor to the dealer by reason of the fact that a new vehicle of a prior year model is in the dealer's inventory at the time of introduction of new model vehicles; (13) Denied or attempted to deny the surviving spouse or heirs designated by a deceased owner of a dealership, the opportunity to participate in the ownership of the dealership or a successor dealership under a valid franchise after the death of the owner, unless there are reasonable grounds for the denial; (14) Offered any refunds or other types of inducements to any person for the purchase of new motor vehicles of a certain line-make to be sold to the state or any political subdivision thereof or to any other person without making the same offer to all other dealers in the same line-make within the state; (15) Employed any person as a representative who has not been licensed pursuant to this part; (16) Denied any dealer the right of free association with any other dealer for any lawful purpose; (17) Competed with a dealer in the same line-make operating under an agreement or franchise from a manufacturer or distributor in the relevant market area. A manufacturer or distributor shall not, however, be deemed to be competing when operating a dealership either temporarily for a reasonable period of time, or when operating a bona fide retail operation that is for sale to any qualified independent person at a fair and reasonable price, or when there is a bona fide relationship in which an independent person has made a sufficient investment subject to loss in the dealership and can reasonably expect to acquire full ownership of subject dealership on reasonable terms and conditions. An exclusive motor truck manufacturer, when selling vehicles having a gross vehicle weight over six thousand (6,000) pounds, shall not be deemed to be competing when operating a dealership that sells motor trucks at retail if, for at least six (6) years prior to January 1, 1977, the manufacturer has continuously so operated the dealership; (18) Unfairly discriminated among its franchisees with the respect to warranty reimbursement or authority granted its franchisees to make warranty adjustments with retail customers; (19) Sold motor vehicles to persons not licensed under this part as motor vehicle dealers, except as provided in § 55-17-102(1)(C) ; (20) Granted a competitive franchise in the relevant market area previously granted to another motor vehicle dealer. "Relevant market area," as used in this subdivision (c)(20), means that area as described or defined in the then existing franchise or dealership of any dealer or dealers; provided, that if the manufacturer wishes to grant a franchise to an independent dealer, or to grant an interest in a new dealership to an independent person in a bona fide relationship in which the person has made a sufficient investment subject to loss in the dealership, and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions, then the manufacturer shall give written notice to the existing dealer or dealers in the area, and the matter shall be submitted to the commission for final and binding action under the principles herein prescribed for a determination of the relevant market area, the adequacy of the servicing of the area by the existing dealer or dealers and the propriety of the granting of additional dealerships. The complaint, whether filed by an existing dealer or upon motion of the commission, shall be filed within thirty (30) days of the receipt by affected dealers of notice as required herein, and if no protests are filed, the manufacturer may proceed to grant the additional franchise; (21) Committed any other act prejudicial to the dealer by threatening to cancel the franchise or any contractual agreement existing between the dealer and the manufacturer, manufacturer branch, distributor, or distributor branch. Written notice in good faith to any dealer of the dealer's violations of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this subsection (c); (22) Coerced or attempted to coerce any motor vehicle dealer to accept delivery of any motor vehicle or motor vehicles, appliances, equipment, parts, tools or accessories therefor, or any other commodity or commodities that have not been voluntarily ordered by the dealer; (23) Coerced or attempted to coerce any motor vehicle dealer to contribute or pay money or anything of value into any cooperative or other advertising program or fund; (24) Coerced or attempted to coerce any motor vehicle dealer to engage in any business pursuit that is not directly related to the sale of motor vehicles as defined by the commission; or (25) Forced, coerced or otherwise required a franchisee to use reconditioned parts in warranty repairs without disclosing such to the owner or lessee. (d) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of an automobile auction or agent thereof who has: (1) If acting as an automobile auction as defined in § 55-17-102(1)(A) , willfully permitted any person or persons to buy, sell, exchange or in any other manner participate in automobile auction sales without first determining that the person or persons are duly licensed motor vehicle dealers or duly authorized agents licensed either under this part or under a similar act of another state, unless a motor vehicle dealer license is not required by law; (2) Failed to provide and make available for inspection to the commission or its agents, all books, records and other memoranda of all transactions, transfers or sales of motor vehicles that take place during the course of business; (3) Engaged in the business of an automobile auction or agent without posting the bond required by law; or (4) If acting as an automobile auction as defined in § 55-17-102(1)(B) , sold motor vehicles on consignment without showing on the title that the motor vehicle was purchased directly from the auction and not from a third party. (e) The commission may revoke or suspend any license that the commission has issued upon finding that the licensee has not maintained any of the requirements for issuance of such license. Amended by 2024 Tenn. Acts, ch. 1017,s 10, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 549, s 8, eff. 10/1/2021. Amended by 2018 Tenn. Acts, ch. 668, s 1, eff. 1/1/2019. Amended by 2016 Tenn. Acts, ch. 533, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 781, s 8, eff. 1/1/2017. Amended by 2015 Tenn. Acts, ch. 344, s 5, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 344, s 4, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 192, s 2, eff. 7/1/2013. Acts 1955, ch. 79, § 5; 1957, ch. 56, § 6; 1959, ch. 25, §§ 8, 9; 1963, ch. 109, § 7; 1967, ch. 28, § 1; 1968, ch. 426, § 1; 1977, ch. 162, § 24; T.C.A., § 59-1714; Acts 1980, ch. 451, § 9; 1984, ch. 718, § 2; 1991, ch. 507, § 1; 1994, ch. 922, § 1; 1997 , ch. 234, § 3; 1999, ch. 279, § 1; 2001, ch. 406, § 1; 2005, ch. 379, §§ 16, 17; 2006, ch. 613, § 1; 2006, ch. 667, § 1; 2007 , ch. 278, § 1; 2007 , ch. 328, § 1; 2007 , ch. 484, § 94; 2008 , ch. 724, § 7; 2010 , ch. 666, § 1.
(a) (1) The commission may deny any application for a license or revoke or suspend any license after it has been issued upon finding that: (A) The applicant or license holder was previously the holder of a license issued under this part or part 4 of this chapter, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled; (B) The applicant or license holder was previously a partner, stockholder, director or officer controlling or managing a partnership or corporation whose license issued under this part or part 4 of this chapter was revoked for cause and never reissued or was suspended for cause and the terms of the suspension have not been terminated; (C) The licensee or applicant has been convicted of a crime of moral turpitude and fewer than five (5) years have passed since the licensee or applicant has completed serving the licensee's or applicant's sentence, including parole or probation, whichever is later; (D) The applicant or license holder has filed an application for a license that as of its effective date was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact; (E) The applicant or license holder has willfully and continually failed to pay the proper application or license fee; (F) The applicant or license holder has practiced fraud in the conduct of business; (G) (i) (a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or (b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)( a ) shall apply; (ii) (a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or (b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or (iii) The license holder need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer; or (H) The applicant or license holder has failed to make available for inspection to the commission or its agents all books, records, and other memoranda of all transactions, transfers, or sales of motor vehicles; (2) The commission shall promulgate a rule to provide that consumer information regarding chapter 24 of this title will be made available to their customers.
(1) The commission may deny any application for a license or revoke or suspend any license after it has been issued upon finding that: (A) The applicant or license holder was previously the holder of a license issued under this part or part 4 of this chapter, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled; (B) The applicant or license holder was previously a partner, stockholder, director or officer controlling or managing a partnership or corporation whose license issued under this part or part 4 of this chapter was revoked for cause and never reissued or was suspended for cause and the terms of the suspension have not been terminated; (C) The licensee or applicant has been convicted of a crime of moral turpitude and fewer than five (5) years have passed since the licensee or applicant has completed serving the licensee's or applicant's sentence, including parole or probation, whichever is later; (D) The applicant or license holder has filed an application for a license that as of its effective date was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact; (E) The applicant or license holder has willfully and continually failed to pay the proper application or license fee; (F) The applicant or license holder has practiced fraud in the conduct of business; (G) (i) (a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or (b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)( a ) shall apply; (ii) (a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or (b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or (iii) The license holder need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer; or (H) The applicant or license holder has failed to make available for inspection to the commission or its agents all books, records, and other memoranda of all transactions, transfers, or sales of motor vehicles;
(A) The applicant or license holder was previously the holder of a license issued under this part or part 4 of this chapter, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled;
(B) The applicant or license holder was previously a partner, stockholder, director or officer controlling or managing a partnership or corporation whose license issued under this part or part 4 of this chapter was revoked for cause and never reissued or was suspended for cause and the terms of the suspension have not been terminated;
(C) The licensee or applicant has been convicted of a crime of moral turpitude and fewer than five (5) years have passed since the licensee or applicant has completed serving the licensee's or applicant's sentence, including parole or probation, whichever is later;
(D) The applicant or license holder has filed an application for a license that as of its effective date was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
(E) The applicant or license holder has willfully and continually failed to pay the proper application or license fee;
(F) The applicant or license holder has practiced fraud in the conduct of business;
(G) (i) (a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or (b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)( a ) shall apply; (ii) (a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or (b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or (iii) The license holder need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer; or
(i) (a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or (b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)( a ) shall apply;
(a) The license holder has failed to return to a customer any parts that were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of the parts; provided, that any part retained by the license holder as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the license holder the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or any part required by any federal or state statute, rule or regulation or local ordinance to be disposed of by the license holder need not be returned to the customer; or
(b) The license holder has failed to permit inspection of any parts retained by the license holder if the customer, at the time repair work was authorized, expressed the customer's desire to inspect the parts; provided, that if, after inspection, the customer requests return of the parts, the restrictions set forth in subdivision (a)(1)(G)(i)( a ) shall apply;
(ii) (a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or (b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or
(a) The license holder has failed to post in a prominent location notice of this subdivision (a)(1)(G); or
(b) The license holder has failed to print on the repair contract notice of this subdivision (a)(1)(G); or
(iii) The license holder need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer; or
(H) The applicant or license holder has failed to make available for inspection to the commission or its agents all books, records, and other memoranda of all transactions, transfers, or sales of motor vehicles;
(2) The commission shall promulgate a rule to provide that consumer information regarding chapter 24 of this title will be made available to their customers.
(b) (1) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of a motor vehicle dealer or salesperson who: (A) Has required the purchaser of a motor vehicle as a condition of sale and delivery thereof to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser, unless the features, appliances, accessories or equipment are the type that are ordinarily installed on the vehicle by the manufacturer or distributor when the vehicle is received or acquired by the dealer; (B) Has represented or sold as a new or unused motor vehicle any vehicle that has been operated for demonstration purposes or that is otherwise a used motor vehicle; (C) Has sold or offered for sale as a new or unused motor vehicle any motor vehicle for which the dealer or salesperson cannot secure for the purchaser of the motor vehicle such new car warranty as may be extended by the manufacturer of the vehicle to purchasers of one (1) of its new vehicles, unless the fact that the vehicle is being sold without a manufacturer's warranty is communicated to the purchaser and disclosed prominently in writing on the bill of sale; (D) Has no established place of business that is used or will be used primarily for the purpose of selling, buying, displaying, repairing or servicing motor vehicles; (E) Resorts to or uses false or misleading representations in connection with that person's business as a motor vehicle dealer or salesperson; provided, that dealers are specifically authorized to charge a document preparation fee, processing fee or servicing fee in addition to the sales price of the motor vehicle and these fees shall not be deemed to be a false or misleading representation made in connection with the sale of a motor vehicle, nor a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and provided further, that the amount of these fees is separately stated and clearly and conspicuously disclosed on the face of the sales contract or buyer's invoice prior to the buyer's execution thereof. For purposes of this subdivision (b)(1)(E), the disclosure shall be deemed to be "conspicuous" if it is listed on the contract or invoice in the same place and manner and in type face no smaller or less obvious than the other type face used therein with respect to other charges listed, and shall be deemed to be "clear" if it states that the charge is a fee for "document preparation," "processing" or "servicing" or language or abbreviations to the same or a similar effect. The authorization provided by this subdivision (b)(1)(E) shall not apply if the dealer represents to the buyer that the fee is required by or will be paid to any governmental agency or entity; (F) Gives false or fictitious names or addresses for the purpose of registering the sale of a motor vehicle or who makes application for the registration of a motor vehicle in the name of any person other than the true owner; (G) Employs any person who has not been licensed as a salesperson pursuant to this part; (H) Fails to reasonably supervise agents, salespersons or employees; (I) Uses or permits the use of special license plates assigned to that person for any purpose other than those permitted by law; (J) Disconnects, turns back or resets the odometer of any motor vehicle in violation of state or federal law, except as provided for in § 39-14-132(b) ; (K) Commits any act or practice involving the purchase, sale, repair or servicing of a motor vehicle or the parts or accessories of a motor vehicle, that, in the opinion of the commission, is false, fraudulent or deceptive; (L) Increases the price of a new motor vehicle to a retail customer after the dealer has accepted an order of purchase or a contract from a buyer, except that a trade-in vehicle may be reappraised if it subsequently suffered damage, or parts or accessories have been removed. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease; (M) Possesses any certificate of title that is not a closed title, unless the motor vehicle dealer maintains an executed consignment form developed by the commission on each motor vehicle that does not have a closed title; (N) Issues more temporary plates than allowed by law or fails to maintain a record of the issuance of temporary plates; (O) Engaged in curbstoning, as defined in § 55-31-102 ; (P) Prior to a motor vehicle being subject to a public automobile auction, the public automobile auctioneer shall verify that the motor vehicle has a clean and unencumbered title, by obtaining a valid motor vehicle title history from the department of revenue or if the motor vehicle is registered in a state other than this state, the appropriate titling agency in the other state; (Q) All public automobile auctions must take place at the established place of business listed on the motor vehicle dealer license; (R) The public automobile auction shall not sell new or unused motor vehicles or vehicles with a manufacturer's statement of origin; (S) The public automobile auctioneer shall take possession of and retain title to each motor vehicle offered for sale at the auction. If the sale is finalized on a motor vehicle, the owner of the vehicle shall sign the title over to the public automobile auctioneer who shall then sign the title over to and deliver the title to the buyer on the date of the sale. If a sale of the vehicle is not made, then the unsigned title shall be returned to the owner of the vehicle who offered the vehicle for sale at the auction. At all times, the public automobile auction shall be deemed the seller of the motor vehicle with the same duties and responsibilities as other licensed motor vehicle dealers; or (T) Fails to maintain a record of a customer's motor vehicle liability insurance coverage or other proof of financial responsibility for any customer who is issued a temporary plate by a motor vehicle dealer who finances the sale of used motor vehicles and retains the title to such vehicles. The record shall be maintained in the same manner or for the same period of time as the record of issuance of temporary plates described in subdivision (b)(1)(N). (2) Whenever any licensee pleads guilty or is convicted of the offense of odometer tampering or any other criminal offense involving moral turpitude, the licensee must within sixty (60) days so notify the commission and must provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the guilty plea or conviction unless, during the sixty-day period, the licensee makes a written request to the commission for a hearing. Following the hearing, the commission in its discretion may impose upon the licensee any sanction permitted by this part. (3) A motor vehicle dealer shall pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received actual payment on the financing contract for the new motor vehicle purchase. (4) (A) Notwithstanding any law to the contrary, the commission may revoke or suspend the license of or levy a civil penalty against any motor vehicle dealer who, in a motor vehicle transaction that is conditioned upon final funding to the dealer by a third-party financial institution, fails to: (i) Provide in writing to the customer the conditional delivery agreement set forth in subdivision (b)(4)(D); (ii) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution; (iii) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or (iv) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase. (B) As used in this subdivision (b)(4), "funding" means actual payment to the dealer by the financial institution purchasing the financing contract or lease. (C) Compliance with subdivisions (b)(4)(A) and (B) may not be waived by any consumer. (D) The form of the conditional delivery agreement shall be as follows: Click here to view form
(1) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of a motor vehicle dealer or salesperson who: (A) Has required the purchaser of a motor vehicle as a condition of sale and delivery thereof to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser, unless the features, appliances, accessories or equipment are the type that are ordinarily installed on the vehicle by the manufacturer or distributor when the vehicle is received or acquired by the dealer; (B) Has represented or sold as a new or unused motor vehicle any vehicle that has been operated for demonstration purposes or that is otherwise a used motor vehicle; (C) Has sold or offered for sale as a new or unused motor vehicle any motor vehicle for which the dealer or salesperson cannot secure for the purchaser of the motor vehicle such new car warranty as may be extended by the manufacturer of the vehicle to purchasers of one (1) of its new vehicles, unless the fact that the vehicle is being sold without a manufacturer's warranty is communicated to the purchaser and disclosed prominently in writing on the bill of sale; (D) Has no established place of business that is used or will be used primarily for the purpose of selling, buying, displaying, repairing or servicing motor vehicles; (E) Resorts to or uses false or misleading representations in connection with that person's business as a motor vehicle dealer or salesperson; provided, that dealers are specifically authorized to charge a document preparation fee, processing fee or servicing fee in addition to the sales price of the motor vehicle and these fees shall not be deemed to be a false or misleading representation made in connection with the sale of a motor vehicle, nor a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and provided further, that the amount of these fees is separately stated and clearly and conspicuously disclosed on the face of the sales contract or buyer's invoice prior to the buyer's execution thereof. For purposes of this subdivision (b)(1)(E), the disclosure shall be deemed to be "conspicuous" if it is listed on the contract or invoice in the same place and manner and in type face no smaller or less obvious than the other type face used therein with respect to other charges listed, and shall be deemed to be "clear" if it states that the charge is a fee for "document preparation," "processing" or "servicing" or language or abbreviations to the same or a similar effect. The authorization provided by this subdivision (b)(1)(E) shall not apply if the dealer represents to the buyer that the fee is required by or will be paid to any governmental agency or entity; (F) Gives false or fictitious names or addresses for the purpose of registering the sale of a motor vehicle or who makes application for the registration of a motor vehicle in the name of any person other than the true owner; (G) Employs any person who has not been licensed as a salesperson pursuant to this part; (H) Fails to reasonably supervise agents, salespersons or employees; (I) Uses or permits the use of special license plates assigned to that person for any purpose other than those permitted by law; (J) Disconnects, turns back or resets the odometer of any motor vehicle in violation of state or federal law, except as provided for in § 39-14-132(b) ; (K) Commits any act or practice involving the purchase, sale, repair or servicing of a motor vehicle or the parts or accessories of a motor vehicle, that, in the opinion of the commission, is false, fraudulent or deceptive; (L) Increases the price of a new motor vehicle to a retail customer after the dealer has accepted an order of purchase or a contract from a buyer, except that a trade-in vehicle may be reappraised if it subsequently suffered damage, or parts or accessories have been removed. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease; (M) Possesses any certificate of title that is not a closed title, unless the motor vehicle dealer maintains an executed consignment form developed by the commission on each motor vehicle that does not have a closed title; (N) Issues more temporary plates than allowed by law or fails to maintain a record of the issuance of temporary plates; (O) Engaged in curbstoning, as defined in § 55-31-102 ; (P) Prior to a motor vehicle being subject to a public automobile auction, the public automobile auctioneer shall verify that the motor vehicle has a clean and unencumbered title, by obtaining a valid motor vehicle title history from the department of revenue or if the motor vehicle is registered in a state other than this state, the appropriate titling agency in the other state; (Q) All public automobile auctions must take place at the established place of business listed on the motor vehicle dealer license; (R) The public automobile auction shall not sell new or unused motor vehicles or vehicles with a manufacturer's statement of origin; (S) The public automobile auctioneer shall take possession of and retain title to each motor vehicle offered for sale at the auction. If the sale is finalized on a motor vehicle, the owner of the vehicle shall sign the title over to the public automobile auctioneer who shall then sign the title over to and deliver the title to the buyer on the date of the sale. If a sale of the vehicle is not made, then the unsigned title shall be returned to the owner of the vehicle who offered the vehicle for sale at the auction. At all times, the public automobile auction shall be deemed the seller of the motor vehicle with the same duties and responsibilities as other licensed motor vehicle dealers; or (T) Fails to maintain a record of a customer's motor vehicle liability insurance coverage or other proof of financial responsibility for any customer who is issued a temporary plate by a motor vehicle dealer who finances the sale of used motor vehicles and retains the title to such vehicles. The record shall be maintained in the same manner or for the same period of time as the record of issuance of temporary plates described in subdivision (b)(1)(N).
(A) Has required the purchaser of a motor vehicle as a condition of sale and delivery thereof to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser, unless the features, appliances, accessories or equipment are the type that are ordinarily installed on the vehicle by the manufacturer or distributor when the vehicle is received or acquired by the dealer;
(B) Has represented or sold as a new or unused motor vehicle any vehicle that has been operated for demonstration purposes or that is otherwise a used motor vehicle;
(C) Has sold or offered for sale as a new or unused motor vehicle any motor vehicle for which the dealer or salesperson cannot secure for the purchaser of the motor vehicle such new car warranty as may be extended by the manufacturer of the vehicle to purchasers of one (1) of its new vehicles, unless the fact that the vehicle is being sold without a manufacturer's warranty is communicated to the purchaser and disclosed prominently in writing on the bill of sale;
(D) Has no established place of business that is used or will be used primarily for the purpose of selling, buying, displaying, repairing or servicing motor vehicles;
(E) Resorts to or uses false or misleading representations in connection with that person's business as a motor vehicle dealer or salesperson; provided, that dealers are specifically authorized to charge a document preparation fee, processing fee or servicing fee in addition to the sales price of the motor vehicle and these fees shall not be deemed to be a false or misleading representation made in connection with the sale of a motor vehicle, nor a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and provided further, that the amount of these fees is separately stated and clearly and conspicuously disclosed on the face of the sales contract or buyer's invoice prior to the buyer's execution thereof. For purposes of this subdivision (b)(1)(E), the disclosure shall be deemed to be "conspicuous" if it is listed on the contract or invoice in the same place and manner and in type face no smaller or less obvious than the other type face used therein with respect to other charges listed, and shall be deemed to be "clear" if it states that the charge is a fee for "document preparation," "processing" or "servicing" or language or abbreviations to the same or a similar effect. The authorization provided by this subdivision (b)(1)(E) shall not apply if the dealer represents to the buyer that the fee is required by or will be paid to any governmental agency or entity;
(F) Gives false or fictitious names or addresses for the purpose of registering the sale of a motor vehicle or who makes application for the registration of a motor vehicle in the name of any person other than the true owner;
(G) Employs any person who has not been licensed as a salesperson pursuant to this part;
(H) Fails to reasonably supervise agents, salespersons or employees;
(I) Uses or permits the use of special license plates assigned to that person for any purpose other than those permitted by law;
(J) Disconnects, turns back or resets the odometer of any motor vehicle in violation of state or federal law, except as provided for in § 39-14-132(b) ;
(K) Commits any act or practice involving the purchase, sale, repair or servicing of a motor vehicle or the parts or accessories of a motor vehicle, that, in the opinion of the commission, is false, fraudulent or deceptive;
(L) Increases the price of a new motor vehicle to a retail customer after the dealer has accepted an order of purchase or a contract from a buyer, except that a trade-in vehicle may be reappraised if it subsequently suffered damage, or parts or accessories have been removed. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease;
(M) Possesses any certificate of title that is not a closed title, unless the motor vehicle dealer maintains an executed consignment form developed by the commission on each motor vehicle that does not have a closed title;
(N) Issues more temporary plates than allowed by law or fails to maintain a record of the issuance of temporary plates;
(O) Engaged in curbstoning, as defined in § 55-31-102 ;
(P) Prior to a motor vehicle being subject to a public automobile auction, the public automobile auctioneer shall verify that the motor vehicle has a clean and unencumbered title, by obtaining a valid motor vehicle title history from the department of revenue or if the motor vehicle is registered in a state other than this state, the appropriate titling agency in the other state;
(Q) All public automobile auctions must take place at the established place of business listed on the motor vehicle dealer license;
(R) The public automobile auction shall not sell new or unused motor vehicles or vehicles with a manufacturer's statement of origin;
(S) The public automobile auctioneer shall take possession of and retain title to each motor vehicle offered for sale at the auction. If the sale is finalized on a motor vehicle, the owner of the vehicle shall sign the title over to the public automobile auctioneer who shall then sign the title over to and deliver the title to the buyer on the date of the sale. If a sale of the vehicle is not made, then the unsigned title shall be returned to the owner of the vehicle who offered the vehicle for sale at the auction. At all times, the public automobile auction shall be deemed the seller of the motor vehicle with the same duties and responsibilities as other licensed motor vehicle dealers; or
(T) Fails to maintain a record of a customer's motor vehicle liability insurance coverage or other proof of financial responsibility for any customer who is issued a temporary plate by a motor vehicle dealer who finances the sale of used motor vehicles and retains the title to such vehicles. The record shall be maintained in the same manner or for the same period of time as the record of issuance of temporary plates described in subdivision (b)(1)(N).
(2) Whenever any licensee pleads guilty or is convicted of the offense of odometer tampering or any other criminal offense involving moral turpitude, the licensee must within sixty (60) days so notify the commission and must provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the guilty plea or conviction unless, during the sixty-day period, the licensee makes a written request to the commission for a hearing. Following the hearing, the commission in its discretion may impose upon the licensee any sanction permitted by this part.
(3) A motor vehicle dealer shall pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received actual payment on the financing contract for the new motor vehicle purchase.
(4) (A) Notwithstanding any law to the contrary, the commission may revoke or suspend the license of or levy a civil penalty against any motor vehicle dealer who, in a motor vehicle transaction that is conditioned upon final funding to the dealer by a third-party financial institution, fails to: (i) Provide in writing to the customer the conditional delivery agreement set forth in subdivision (b)(4)(D); (ii) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution; (iii) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or (iv) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase. (B) As used in this subdivision (b)(4), "funding" means actual payment to the dealer by the financial institution purchasing the financing contract or lease. (C) Compliance with subdivisions (b)(4)(A) and (B) may not be waived by any consumer. (D) The form of the conditional delivery agreement shall be as follows: Click here to view form
(A) Notwithstanding any law to the contrary, the commission may revoke or suspend the license of or levy a civil penalty against any motor vehicle dealer who, in a motor vehicle transaction that is conditioned upon final funding to the dealer by a third-party financial institution, fails to: (i) Provide in writing to the customer the conditional delivery agreement set forth in subdivision (b)(4)(D); (ii) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution; (iii) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or (iv) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase.
(i) Provide in writing to the customer the conditional delivery agreement set forth in subdivision (b)(4)(D);
(ii) Retain possession of any vehicle used by the consumer as consideration, commonly known as a trade-in vehicle, until the dealer has received funding from the financial institution;
(iii) Allow the consumer to void the motor vehicle transaction if any of the terms of the transaction change after the consumer has approved and accepted the terms; or
(iv) Pay off the agreed upon indebtedness on the trade-in vehicle within thirty (30) days after the dealer has received funding from the financial institution on the financing contract for the new purchase.
(B) As used in this subdivision (b)(4), "funding" means actual payment to the dealer by the financial institution purchasing the financing contract or lease.
(C) Compliance with subdivisions (b)(4)(A) and (B) may not be waived by any consumer.
(D) The form of the conditional delivery agreement shall be as follows: Click here to view form
Click here to view form
(c) In addition to the grounds contained in subsection (a), the commission may deny an application for a license, or revoke or suspend the license of a manufacturer, distributor, distributor branch, factory branch or officer, agent or other representative thereof who has: (1) Refused to deliver to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new and unused motor vehicles sold or distributed by the manufacturer, distributor, distributor branch or factory branch any motor vehicle publicly advertised for immediate delivery within sixty (60) days after the dealer's order has been received; (2) Sold or offered for sale to a franchised dealer any supplies, material, or other things of value at the time of and as a part of the negotiations for a new or renewal franchise or contract renewing or extending for an additional period of time the dealer's franchise agreement, regardless of whether the sale or offer of sale shall be made a prerequisite to the renewal of a franchise agreement or not; (3) Unfairly or without due regard to the equities or without just provocation cancelled or failed to renew the franchise or selling agreement of a motor vehicle dealer; (4) Entered into a franchise agreement with a dealer who does not have, or is not able to provide, proper facilities to provide the services to the purchasers of new motor vehicles that are guaranteed by the new car warranties issued by the manufacturer; (5) Prevented or required, or attempted to prevent or require, by contract or otherwise, any change in the capital structure of the dealership or the means by or through which the dealer finances the operation of the dealership; provided, that the dealer at all times meets any reasonable capital standards agreed to by the dealer and the manufacturer or distributor; and provided further, that no change in capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor; (6) Prevented or required, or has attempted to prevent or require, a dealer to change the executive management of the dealership, other than the principal dealership operator or operators, if the franchise was granted to the dealer in reliance upon the personal qualifications of the person or persons; (7) Prevented or required, or has attempted to prevent or require, by contract or otherwise, any dealer, or any officer, partner, or stockholder of any dealership, the sale or transfer of any part of the interest of any of them to any other person or persons. No dealer, officer, partner, or stockholder, however, has the right to sell, transfer, or assign the franchise, or any right thereunder, without the consent of the manufacturer or distributor, except that the consent shall not be unreasonably withheld; (8) Prevented, or has attempted to prevent, a dealer from receiving fair and reasonable compensation for the value of the franchise business. There shall be no transfer or assignment of the dealer's franchise without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld; (9) Obtained money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to the dealer; (10) Required a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability to be imposed by this part, or has required any controversy between a dealer and manufacturer, distributor, or its representative, to be referred to any person other than the commission if the referral would be binding on the dealer. This subdivision (c)(10) shall not, however, prohibit arbitration before an independent arbitrator or the commencement of any legal action; (11) Increased prices of motor vehicles that the dealer has ordered but not delivered for private retail customers prior to the dealer's receipt of the written official price increase notification. A sales contract by a private retail customer shall constitute evidence of each such order. In the event of manufacturer price reductions, the amount of any reduction received by a dealer shall be passed on to the private retail customer by the dealer, if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reduction shall apply to all vehicles in the dealer's inventory that are subject to the price reduction. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease. Price changes caused by either: (A) The addition to a motor vehicle of required or optional equipment pursuant to state or federal law; or (B) Revaluation of the United States dollar in the case of foreign-make vehicles; shall not be subject to this subsection (c); (12) Failed to pay a dealer, within a reasonable time following receipt of a valid claim by a dealer thereof, any payment agreed to be made by the manufacturer or distributor to the dealer by reason of the fact that a new vehicle of a prior year model is in the dealer's inventory at the time of introduction of new model vehicles; (13) Denied or attempted to deny the surviving spouse or heirs designated by a deceased owner of a dealership, the opportunity to participate in the ownership of the dealership or a successor dealership under a valid franchise after the death of the owner, unless there are reasonable grounds for the denial; (14) Offered any refunds or other types of inducements to any person for the purchase of new motor vehicles of a certain line-make to be sold to the state or any political subdivision thereof or to any other person without making the same offer to all other dealers in the same line-make within the state; (15) Employed any person as a representative who has not been licensed pursuant to this part; (16) Denied any dealer the right of free association with any other dealer for any lawful purpose; (17) Competed with a dealer in the same line-make operating under an agreement or franchise from a manufacturer or distributor in the relevant market area. A manufacturer or distributor shall not, however, be deemed to be competing when operating a dealership either temporarily for a reasonable period of time, or when operating a bona fide retail operation that is for sale to any qualified independent person at a fair and reasonable price, or when there is a bona fide relationship in which an independent person has made a sufficient investment subject to loss in the dealership and can reasonably expect to acquire full ownership of subject dealership on reasonable terms and conditions. An exclusive motor truck manufacturer, when selling vehicles having a gross vehicle weight over six thousand (6,000) pounds, shall not be deemed to be competing when operating a dealership that sells motor trucks at retail if, for at least six (6) years prior to January 1, 1977, the manufacturer has continuously so operated the dealership; (18) Unfairly discriminated among its franchisees with the respect to warranty reimbursement or authority granted its franchisees to make warranty adjustments with retail customers; (19) Sold motor vehicles to persons not licensed under this part as motor vehicle dealers, except as provided in § 55-17-102(1)(C) ; (20) Granted a competitive franchise in the relevant market area previously granted to another motor vehicle dealer. "Relevant market area," as used in this subdivision (c)(20), means that area as described or defined in the then existing franchise or dealership of any dealer or dealers; provided, that if the manufacturer wishes to grant a franchise to an independent dealer, or to grant an interest in a new dealership to an independent person in a bona fide relationship in which the person has made a sufficient investment subject to loss in the dealership, and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions, then the manufacturer shall give written notice to the existing dealer or dealers in the area, and the matter shall be submitted to the commission for final and binding action under the principles herein prescribed for a determination of the relevant market area, the adequacy of the servicing of the area by the existing dealer or dealers and the propriety of the granting of additional dealerships. The complaint, whether filed by an existing dealer or upon motion of the commission, shall be filed within thirty (30) days of the receipt by affected dealers of notice as required herein, and if no protests are filed, the manufacturer may proceed to grant the additional franchise; (21) Committed any other act prejudicial to the dealer by threatening to cancel the franchise or any contractual agreement existing between the dealer and the manufacturer, manufacturer branch, distributor, or distributor branch. Written notice in good faith to any dealer of the dealer's violations of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this subsection (c); (22) Coerced or attempted to coerce any motor vehicle dealer to accept delivery of any motor vehicle or motor vehicles, appliances, equipment, parts, tools or accessories therefor, or any other commodity or commodities that have not been voluntarily ordered by the dealer; (23) Coerced or attempted to coerce any motor vehicle dealer to contribute or pay money or anything of value into any cooperative or other advertising program or fund; (24) Coerced or attempted to coerce any motor vehicle dealer to engage in any business pursuit that is not directly related to the sale of motor vehicles as defined by the commission; or (25) Forced, coerced or otherwise required a franchisee to use reconditioned parts in warranty repairs without disclosing such to the owner or lessee.
(1) Refused to deliver to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new and unused motor vehicles sold or distributed by the manufacturer, distributor, distributor branch or factory branch any motor vehicle publicly advertised for immediate delivery within sixty (60) days after the dealer's order has been received;
(2) Sold or offered for sale to a franchised dealer any supplies, material, or other things of value at the time of and as a part of the negotiations for a new or renewal franchise or contract renewing or extending for an additional period of time the dealer's franchise agreement, regardless of whether the sale or offer of sale shall be made a prerequisite to the renewal of a franchise agreement or not;
(3) Unfairly or without due regard to the equities or without just provocation cancelled or failed to renew the franchise or selling agreement of a motor vehicle dealer;
(4) Entered into a franchise agreement with a dealer who does not have, or is not able to provide, proper facilities to provide the services to the purchasers of new motor vehicles that are guaranteed by the new car warranties issued by the manufacturer;
(5) Prevented or required, or attempted to prevent or require, by contract or otherwise, any change in the capital structure of the dealership or the means by or through which the dealer finances the operation of the dealership; provided, that the dealer at all times meets any reasonable capital standards agreed to by the dealer and the manufacturer or distributor; and provided further, that no change in capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor;
(6) Prevented or required, or has attempted to prevent or require, a dealer to change the executive management of the dealership, other than the principal dealership operator or operators, if the franchise was granted to the dealer in reliance upon the personal qualifications of the person or persons;
(7) Prevented or required, or has attempted to prevent or require, by contract or otherwise, any dealer, or any officer, partner, or stockholder of any dealership, the sale or transfer of any part of the interest of any of them to any other person or persons. No dealer, officer, partner, or stockholder, however, has the right to sell, transfer, or assign the franchise, or any right thereunder, without the consent of the manufacturer or distributor, except that the consent shall not be unreasonably withheld;
(8) Prevented, or has attempted to prevent, a dealer from receiving fair and reasonable compensation for the value of the franchise business. There shall be no transfer or assignment of the dealer's franchise without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld;
(9) Obtained money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to the dealer;
(10) Required a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability to be imposed by this part, or has required any controversy between a dealer and manufacturer, distributor, or its representative, to be referred to any person other than the commission if the referral would be binding on the dealer. This subdivision (c)(10) shall not, however, prohibit arbitration before an independent arbitrator or the commencement of any legal action;
(11) Increased prices of motor vehicles that the dealer has ordered but not delivered for private retail customers prior to the dealer's receipt of the written official price increase notification. A sales contract by a private retail customer shall constitute evidence of each such order. In the event of manufacturer price reductions, the amount of any reduction received by a dealer shall be passed on to the private retail customer by the dealer, if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reduction shall apply to all vehicles in the dealer's inventory that are subject to the price reduction. Price differences applicable to new models or a new series of motor vehicles at the time of the introduction of new models or new series shall not be considered a price increase or price decrease. Price changes caused by either: (A) The addition to a motor vehicle of required or optional equipment pursuant to state or federal law; or (B) Revaluation of the United States dollar in the case of foreign-make vehicles; shall not be subject to this subsection (c);
(A) The addition to a motor vehicle of required or optional equipment pursuant to state or federal law; or
(B) Revaluation of the United States dollar in the case of foreign-make vehicles; shall not be subject to this subsection (c);
shall not be subject to this subsection (c);
(12) Failed to pay a dealer, within a reasonable time following receipt of a valid claim by a dealer thereof, any payment agreed to be made by the manufacturer or distributor to the dealer by reason of the fact that a new vehicle of a prior year model is in the dealer's inventory at the time of introduction of new model vehicles;
(13) Denied or attempted to deny the surviving spouse or heirs designated by a deceased owner of a dealership, the opportunity to participate in the ownership of the dealership or a successor dealership under a valid franchise after the death of the owner, unless there are reasonable grounds for the denial;
(14) Offered any refunds or other types of inducements to any person for the purchase of new motor vehicles of a certain line-make to be sold to the state or any political subdivision thereof or to any other person without making the same offer to all other dealers in the same line-make within the state;
(15) Employed any person as a representative who has not been licensed pursuant to this part;
(16) Denied any dealer the right of free association with any other dealer for any lawful purpose;
(17) Competed with a dealer in the same line-make operating under an agreement or franchise from a manufacturer or distributor in the relevant market area. A manufacturer or distributor shall not, however, be deemed to be competing when operating a dealership either temporarily for a reasonable period of time, or when operating a bona fide retail operation that is for sale to any qualified independent person at a fair and reasonable price, or when there is a bona fide relationship in which an independent person has made a sufficient investment subject to loss in the dealership and can reasonably expect to acquire full ownership of subject dealership on reasonable terms and conditions. An exclusive motor truck manufacturer, when selling vehicles having a gross vehicle weight over six thousand (6,000) pounds, shall not be deemed to be competing when operating a dealership that sells motor trucks at retail if, for at least six (6) years prior to January 1, 1977, the manufacturer has continuously so operated the dealership;
(18) Unfairly discriminated among its franchisees with the respect to warranty reimbursement or authority granted its franchisees to make warranty adjustments with retail customers;
(19) Sold motor vehicles to persons not licensed under this part as motor vehicle dealers, except as provided in § 55-17-102(1)(C) ;
(20) Granted a competitive franchise in the relevant market area previously granted to another motor vehicle dealer. "Relevant market area," as used in this subdivision (c)(20), means that area as described or defined in the then existing franchise or dealership of any dealer or dealers; provided, that if the manufacturer wishes to grant a franchise to an independent dealer, or to grant an interest in a new dealership to an independent person in a bona fide relationship in which the person has made a sufficient investment subject to loss in the dealership, and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions, then the manufacturer shall give written notice to the existing dealer or dealers in the area, and the matter shall be submitted to the commission for final and binding action under the principles herein prescribed for a determination of the relevant market area, the adequacy of the servicing of the area by the existing dealer or dealers and the propriety of the granting of additional dealerships. The complaint, whether filed by an existing dealer or upon motion of the commission, shall be filed within thirty (30) days of the receipt by affected dealers of notice as required herein, and if no protests are filed, the manufacturer may proceed to grant the additional franchise;
(21) Committed any other act prejudicial to the dealer by threatening to cancel the franchise or any contractual agreement existing between the dealer and the manufacturer, manufacturer branch, distributor, or distributor branch. Written notice in good faith to any dealer of the dealer's violations of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this subsection (c);
(22) Coerced or attempted to coerce any motor vehicle dealer to accept delivery of any motor vehicle or motor vehicles, appliances, equipment, parts, tools or accessories therefor, or any other commodity or commodities that have not been voluntarily ordered by the dealer;
(23) Coerced or attempted to coerce any motor vehicle dealer to contribute or pay money or anything of value into any cooperative or other advertising program or fund;
(24) Coerced or attempted to coerce any motor vehicle dealer to engage in any business pursuit that is not directly related to the sale of motor vehicles as defined by the commission; or
(25) Forced, coerced or otherwise required a franchisee to use reconditioned parts in warranty repairs without disclosing such to the owner or lessee.
(d) In addition to the grounds contained in subsection (a), the commission may deny an application for a license or revoke or suspend the license of an automobile auction or agent thereof who has: (1) If acting as an automobile auction as defined in § 55-17-102(1)(A) , willfully permitted any person or persons to buy, sell, exchange or in any other manner participate in automobile auction sales without first determining that the person or persons are duly licensed motor vehicle dealers or duly authorized agents licensed either under this part or under a similar act of another state, unless a motor vehicle dealer license is not required by law; (2) Failed to provide and make available for inspection to the commission or its agents, all books, records and other memoranda of all transactions, transfers or sales of motor vehicles that take place during the course of business; (3) Engaged in the business of an automobile auction or agent without posting the bond required by law; or (4) If acting as an automobile auction as defined in § 55-17-102(1)(B) , sold motor vehicles on consignment without showing on the title that the motor vehicle was purchased directly from the auction and not from a third party.
(1) If acting as an automobile auction as defined in § 55-17-102(1)(A) , willfully permitted any person or persons to buy, sell, exchange or in any other manner participate in automobile auction sales without first determining that the person or persons are duly licensed motor vehicle dealers or duly authorized agents licensed either under this part or under a similar act of another state, unless a motor vehicle dealer license is not required by law;
(2) Failed to provide and make available for inspection to the commission or its agents, all books, records and other memoranda of all transactions, transfers or sales of motor vehicles that take place during the course of business;
(3) Engaged in the business of an automobile auction or agent without posting the bond required by law; or
(4) If acting as an automobile auction as defined in § 55-17-102(1)(B) , sold motor vehicles on consignment without showing on the title that the motor vehicle was purchased directly from the auction and not from a third party.
(e) The commission may revoke or suspend any license that the commission has issued upon finding that the licensee has not maintained any of the requirements for issuance of such license.
Amended by 2024 Tenn. Acts, ch. 1017,s 10, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 549, s 8, eff. 10/1/2021.
Amended by 2018 Tenn. Acts, ch. 668, s 1, eff. 1/1/2019.
Amended by 2016 Tenn. Acts, ch. 533, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 781, s 8, eff. 1/1/2017.
Amended by 2015 Tenn. Acts, ch. 344, s 5, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 344, s 4, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 192, s 2, eff. 7/1/2013.
Acts 1955, ch. 79, § 5; 1957, ch. 56, § 6; 1959, ch. 25, §§ 8, 9; 1963, ch. 109, § 7; 1967, ch. 28, § 1; 1968, ch. 426, § 1; 1977, ch. 162, § 24; T.C.A., § 59-1714; Acts 1980, ch. 451, § 9; 1984, ch. 718, § 2; 1991, ch. 507, § 1; 1994, ch. 922, § 1; 1997 , ch. 234, § 3; 1999, ch. 279, § 1; 2001, ch. 406, § 1; 2005, ch. 379, §§ 16, 17; 2006, ch. 613, § 1; 2006, ch. 667, § 1; 2007 , ch. 278, § 1; 2007 , ch. 328, § 1; 2007 , ch. 484, § 94; 2008 , ch. 724, § 7; 2010 , ch. 666, § 1.
17_114_1 - Attachment
Tenn. Code Ann. § 55-4-352 — TN Code / Title 55 / Chapter 4 / Section 55-4-352
Traffic safety
Status: in_force

(a) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Share the Road new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The purpose of Share the Road new specialty earmarked license plates is to raise public awareness about bicyclists and their rights on the road and traffic safety involving motorists and bicyclists. (3) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate logo or design and be designed in consultation with the Jeff Roth Cycling Foundation. (4) The funds produced from the sale of Share the Road new specialty earmarked license plates must be allocated to the Jeff Roth Cycling Foundation, in accordance with § 55-4-301 . (b) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Mothers Against Drunk Driving (MADD) new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked plates provided for in this subsection (b) must contain the logo of Mothers Against Drunk Driving (MADD). The plates must be designed in consultation with the executive director of the Tennessee chapter of Mothers Against Drunk Driving (MADD). (3) The funds produced from the sale of the Mothers Against Drunk Driving (MADD) new specialty earmarked license plates must be allocated to the Tennessee chapter of Mothers Against Drunk Driving (MADD), in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's mission to protect families from drivers under the influence of alcohol, drugs, and other controlled substances, and from underage drinking. (c) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued an Enjoy the Ride new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with the director of Concerned Motorcyclists of Tennessee/American Bikers Active Towards Education (C.M.T./A.B.A.T.E., Inc.). (3) The funds produced from the sale of the Enjoy the Ride new specialty earmarked license plates must be allocated to C.M.T./A.B.A.T.E., Inc., in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's mission for continued public safety and education on motorcycle awareness. (d) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Look Twice Save a Life new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked license plates provided for in this subsection (d) must be designed in consultation with a representative of Bikers & Social Clubs 4 Change. (3) (A) Subject to the requirements of § 55-4-202 , the commissioner shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Look Twice Save a Life new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (B) The motorcycle plates authorized by this subsection (d) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(7) , as applicable. (4) The funds produced from the sale of Look Twice Save a Life new specialty earmarked license plates must be allocated to Bikers & Social Clubs 4 Change in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's activities in this state and its mission for continued public safety and education on motorcycle awareness. (5) Notwithstanding § 55-4-202(k)(1) , the Look Twice Save a Life new specialty earmarked license plate authorized pursuant to this subsection (d) has until July 1, 2025, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1) . Amended by 2024 Tenn. Acts, ch. 804,s 50, eff. 7/1/2024. Added by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
(a) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Share the Road new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The purpose of Share the Road new specialty earmarked license plates is to raise public awareness about bicyclists and their rights on the road and traffic safety involving motorists and bicyclists. (3) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate logo or design and be designed in consultation with the Jeff Roth Cycling Foundation. (4) The funds produced from the sale of Share the Road new specialty earmarked license plates must be allocated to the Jeff Roth Cycling Foundation, in accordance with § 55-4-301 .
(1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Share the Road new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) The purpose of Share the Road new specialty earmarked license plates is to raise public awareness about bicyclists and their rights on the road and traffic safety involving motorists and bicyclists.
(3) The new specialty earmarked plates provided for in this subsection (a) must contain an appropriate logo or design and be designed in consultation with the Jeff Roth Cycling Foundation.
(4) The funds produced from the sale of Share the Road new specialty earmarked license plates must be allocated to the Jeff Roth Cycling Foundation, in accordance with § 55-4-301 .
(b) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Mothers Against Drunk Driving (MADD) new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked plates provided for in this subsection (b) must contain the logo of Mothers Against Drunk Driving (MADD). The plates must be designed in consultation with the executive director of the Tennessee chapter of Mothers Against Drunk Driving (MADD). (3) The funds produced from the sale of the Mothers Against Drunk Driving (MADD) new specialty earmarked license plates must be allocated to the Tennessee chapter of Mothers Against Drunk Driving (MADD), in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's mission to protect families from drivers under the influence of alcohol, drugs, and other controlled substances, and from underage drinking.
(1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Mothers Against Drunk Driving (MADD) new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) The new specialty earmarked plates provided for in this subsection (b) must contain the logo of Mothers Against Drunk Driving (MADD). The plates must be designed in consultation with the executive director of the Tennessee chapter of Mothers Against Drunk Driving (MADD).
(3) The funds produced from the sale of the Mothers Against Drunk Driving (MADD) new specialty earmarked license plates must be allocated to the Tennessee chapter of Mothers Against Drunk Driving (MADD), in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's mission to protect families from drivers under the influence of alcohol, drugs, and other controlled substances, and from underage drinking.
(c) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued an Enjoy the Ride new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with the director of Concerned Motorcyclists of Tennessee/American Bikers Active Towards Education (C.M.T./A.B.A.T.E., Inc.). (3) The funds produced from the sale of the Enjoy the Ride new specialty earmarked license plates must be allocated to C.M.T./A.B.A.T.E., Inc., in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's mission for continued public safety and education on motorcycle awareness.
(1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued an Enjoy the Ride new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with the director of Concerned Motorcyclists of Tennessee/American Bikers Active Towards Education (C.M.T./A.B.A.T.E., Inc.).
(3) The funds produced from the sale of the Enjoy the Ride new specialty earmarked license plates must be allocated to C.M.T./A.B.A.T.E., Inc., in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's mission for continued public safety and education on motorcycle awareness.
(d) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Look Twice Save a Life new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked license plates provided for in this subsection (d) must be designed in consultation with a representative of Bikers & Social Clubs 4 Change. (3) (A) Subject to the requirements of § 55-4-202 , the commissioner shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Look Twice Save a Life new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (B) The motorcycle plates authorized by this subsection (d) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(7) , as applicable. (4) The funds produced from the sale of Look Twice Save a Life new specialty earmarked license plates must be allocated to Bikers & Social Clubs 4 Change in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's activities in this state and its mission for continued public safety and education on motorcycle awareness. (5) Notwithstanding § 55-4-202(k)(1) , the Look Twice Save a Life new specialty earmarked license plate authorized pursuant to this subsection (d) has until July 1, 2025, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1) .
(1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Look Twice Save a Life new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) The new specialty earmarked license plates provided for in this subsection (d) must be designed in consultation with a representative of Bikers & Social Clubs 4 Change.
(3) (A) Subject to the requirements of § 55-4-202 , the commissioner shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Look Twice Save a Life new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (B) The motorcycle plates authorized by this subsection (d) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(7) , as applicable.
(A) Subject to the requirements of § 55-4-202 , the commissioner shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Look Twice Save a Life new specialty earmarked license plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
(B) The motorcycle plates authorized by this subsection (d) must be substantially the same in design and configuration, allowing for variations due to size restrictions, as the regular motor vehicle registration plates authorized by § 55-4-203(c)(7) , as applicable.
(4) The funds produced from the sale of Look Twice Save a Life new specialty earmarked license plates must be allocated to Bikers & Social Clubs 4 Change in accordance with § 55-4-301 . The funds must be used exclusively in furtherance of the organization's activities in this state and its mission for continued public safety and education on motorcycle awareness.
(5) Notwithstanding § 55-4-202(k)(1) , the Look Twice Save a Life new specialty earmarked license plate authorized pursuant to this subsection (d) has until July 1, 2025, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1) .
Amended by 2024 Tenn. Acts, ch. 804,s 50, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 55-21-209 — TN Code / Title 55 / Chapter 21 / Section 55-21-209
Notice to disabled person or veteran
Status: in_force

A notice setting forth the provisions of this part shall be provided by the department of safety to every person who is issued or who renews a disabled person's or disabled veteran's plate or placard. Acts 1992, ch. 731, § 1.
A notice setting forth the provisions of this part shall be provided by the department of safety to every person who is issued or who renews a disabled person's or disabled veteran's plate or placard.
Acts 1992, ch. 731, § 1.
Tenn. Code Ann. § 55-4-214 — TN Code / Title 55 / Chapter 4 / Section 55-4-214
Personalized plates - Fees
Status: in_force

(a) (1) In addition to the personalized plates authorized by § 55-4-210 , an applicant may, through the payment of a personalization fee of thirty-five dollars ($35.00), in addition to the regular registration fee and the thirty-five-dollar fee established by § 55-4-202(b)(2) , obtain certain cultural, specialty earmarked and new specialty earmarked plates with a personalized combination of numbers, letters, positions or a combination of numbers, letters and positions. (2) The personalization fee shall be paid by the applicant upon the issuance and renewal of any personalized plate. (b) (1) An applicant for the issuance of personalized motor vehicle registration plates or the personalization of cultural, specialty earmarked or new specialty earmarked motor vehicle registration plates pursuant to subsection (a) or the renewal of those plates in a subsequent registration year shall file an application in the form and by the date as the department may require, indicating the numbers, letters, positions or combination, requested as a registration number. (2) The registration number shall consist of not less than three (3) nor more than seven (7) numbers, letters, positions or combination of numbers, letters or positions for a passenger motor vehicle, truck of one-half or three-quarter-ton rating or recreational vehicle or trailer or semitrailer that is not required to be registered but that the owner desires to be registered pursuant to § 55-4-111(c)(3) , or, if authorized, not less than three (3) nor more than six (6) numbers, letters, positions or combination of numbers, letters or positions for a motorcycle. (3) Registration numbers issued pursuant to this section shall be in compliance with § 55-4-210(d) and (e) . (c) The following plates shall not be eligible for personalization pursuant to this section, but may be personalized if the statute authorizing such plate permits or requires the plates to be personalized in some form: (1) Dealer; (2) Emergency; (3) Firefighter, pursuant to § 55-4-224 ; (4) General assembly; (5) Government service; (6) [Deleted by 2023 amendment.] (7) Judiciary; (8) Memorial, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250 ; (9) Metropolitan council; (10) Military, as enumerated in § 55-4-203(c)(5)(F) ; (11) National guard; (12) OEM headquarters company; (13) Sheriff; (14) [Deleted by 2023 amendment.] (15) United States house of representatives; (16) United States judge; and (17) United States senate. (d) (1) Notwithstanding any provision of this title to the contrary, any person who fulfills the following conditions may continue to renew and be issued personalized plates that consist of two (2) letters, numbers, or a combination of letters and numbers: (A) The person was the owner of a passenger motor vehicle which was registered with the department prior to July 1, 1984; and (B) The person was issued a personalized motor vehicle registration plate which consisted of two (2) letters, numbers, or combination thereof prior to July 1, 1984. (2) All other provisions of this title regarding registration and licensing of passenger motor vehicles shall apply to any registration plates issued in accordance with subdivision (d)(1). (e) Notwithstanding subdivisions (c)(8) and (10), memorial plates, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250 , and military plates, as enumerated in § 55-4-203(c)(5)(F) , are eligible for personalization pursuant to this section. In addition to any other fees required by this section or by this part for the issuance of such plates, an applicant for the personalization of memorial or military plates shall pay a fee equal to the cost of actually designing and manufacturing the personalized plates. Nothing in this subsection (e) authorizes the removal or other redesign of any distinctive identification legend or letters required to be included on memorial or military plates. Amended by 2023 Tenn. Acts, ch. 250, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 52, s 4, eff. 1/1/2024. Amended by 2019 Tenn. Acts, ch. 461, s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1023, s 49, eff. 7/1/2018. Acts 1998, ch. 1063, § 1; 2002, ch. 876, § 63; 2007 , ch. 142, § 3; 2008 , ch. 924, § 14; 2009 , ch. 530, § 121.
(a) (1) In addition to the personalized plates authorized by § 55-4-210 , an applicant may, through the payment of a personalization fee of thirty-five dollars ($35.00), in addition to the regular registration fee and the thirty-five-dollar fee established by § 55-4-202(b)(2) , obtain certain cultural, specialty earmarked and new specialty earmarked plates with a personalized combination of numbers, letters, positions or a combination of numbers, letters and positions. (2) The personalization fee shall be paid by the applicant upon the issuance and renewal of any personalized plate.
(1) In addition to the personalized plates authorized by § 55-4-210 , an applicant may, through the payment of a personalization fee of thirty-five dollars ($35.00), in addition to the regular registration fee and the thirty-five-dollar fee established by § 55-4-202(b)(2) , obtain certain cultural, specialty earmarked and new specialty earmarked plates with a personalized combination of numbers, letters, positions or a combination of numbers, letters and positions.
(2) The personalization fee shall be paid by the applicant upon the issuance and renewal of any personalized plate.
(b) (1) An applicant for the issuance of personalized motor vehicle registration plates or the personalization of cultural, specialty earmarked or new specialty earmarked motor vehicle registration plates pursuant to subsection (a) or the renewal of those plates in a subsequent registration year shall file an application in the form and by the date as the department may require, indicating the numbers, letters, positions or combination, requested as a registration number. (2) The registration number shall consist of not less than three (3) nor more than seven (7) numbers, letters, positions or combination of numbers, letters or positions for a passenger motor vehicle, truck of one-half or three-quarter-ton rating or recreational vehicle or trailer or semitrailer that is not required to be registered but that the owner desires to be registered pursuant to § 55-4-111(c)(3) , or, if authorized, not less than three (3) nor more than six (6) numbers, letters, positions or combination of numbers, letters or positions for a motorcycle. (3) Registration numbers issued pursuant to this section shall be in compliance with § 55-4-210(d) and (e) .
(1) An applicant for the issuance of personalized motor vehicle registration plates or the personalization of cultural, specialty earmarked or new specialty earmarked motor vehicle registration plates pursuant to subsection (a) or the renewal of those plates in a subsequent registration year shall file an application in the form and by the date as the department may require, indicating the numbers, letters, positions or combination, requested as a registration number.
(2) The registration number shall consist of not less than three (3) nor more than seven (7) numbers, letters, positions or combination of numbers, letters or positions for a passenger motor vehicle, truck of one-half or three-quarter-ton rating or recreational vehicle or trailer or semitrailer that is not required to be registered but that the owner desires to be registered pursuant to § 55-4-111(c)(3) , or, if authorized, not less than three (3) nor more than six (6) numbers, letters, positions or combination of numbers, letters or positions for a motorcycle.
(3) Registration numbers issued pursuant to this section shall be in compliance with § 55-4-210(d) and (e) .
(c) The following plates shall not be eligible for personalization pursuant to this section, but may be personalized if the statute authorizing such plate permits or requires the plates to be personalized in some form: (1) Dealer; (2) Emergency; (3) Firefighter, pursuant to § 55-4-224 ; (4) General assembly; (5) Government service; (6) [Deleted by 2023 amendment.] (7) Judiciary; (8) Memorial, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250 ; (9) Metropolitan council; (10) Military, as enumerated in § 55-4-203(c)(5)(F) ; (11) National guard; (12) OEM headquarters company; (13) Sheriff; (14) [Deleted by 2023 amendment.] (15) United States house of representatives; (16) United States judge; and (17) United States senate.
(1) Dealer;
(2) Emergency;
(3) Firefighter, pursuant to § 55-4-224 ;
(4) General assembly;
(5) Government service;
(6) [Deleted by 2023 amendment.]
(7) Judiciary;
(8) Memorial, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250 ;
(9) Metropolitan council;
(10) Military, as enumerated in § 55-4-203(c)(5)(F) ;
(11) National guard;
(12) OEM headquarters company;
(13) Sheriff;
(14) [Deleted by 2023 amendment.]
(15) United States house of representatives;
(16) United States judge; and
(17) United States senate.
(d) (1) Notwithstanding any provision of this title to the contrary, any person who fulfills the following conditions may continue to renew and be issued personalized plates that consist of two (2) letters, numbers, or a combination of letters and numbers: (A) The person was the owner of a passenger motor vehicle which was registered with the department prior to July 1, 1984; and (B) The person was issued a personalized motor vehicle registration plate which consisted of two (2) letters, numbers, or combination thereof prior to July 1, 1984. (2) All other provisions of this title regarding registration and licensing of passenger motor vehicles shall apply to any registration plates issued in accordance with subdivision (d)(1).
(1) Notwithstanding any provision of this title to the contrary, any person who fulfills the following conditions may continue to renew and be issued personalized plates that consist of two (2) letters, numbers, or a combination of letters and numbers: (A) The person was the owner of a passenger motor vehicle which was registered with the department prior to July 1, 1984; and (B) The person was issued a personalized motor vehicle registration plate which consisted of two (2) letters, numbers, or combination thereof prior to July 1, 1984.
(A) The person was the owner of a passenger motor vehicle which was registered with the department prior to July 1, 1984; and
(B) The person was issued a personalized motor vehicle registration plate which consisted of two (2) letters, numbers, or combination thereof prior to July 1, 1984.
(2) All other provisions of this title regarding registration and licensing of passenger motor vehicles shall apply to any registration plates issued in accordance with subdivision (d)(1).
(e) Notwithstanding subdivisions (c)(8) and (10), memorial plates, as enumerated in § 55-4-203(c)(4) and defined in § 55-4-250 , and military plates, as enumerated in § 55-4-203(c)(5)(F) , are eligible for personalization pursuant to this section. In addition to any other fees required by this section or by this part for the issuance of such plates, an applicant for the personalization of memorial or military plates shall pay a fee equal to the cost of actually designing and manufacturing the personalized plates. Nothing in this subsection (e) authorizes the removal or other redesign of any distinctive identification legend or letters required to be included on memorial or military plates.
Amended by 2023 Tenn. Acts, ch. 250, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 52, s 4, eff. 1/1/2024.
Amended by 2019 Tenn. Acts, ch. 461, s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1023, s 49, eff. 7/1/2018.
Acts 1998, ch. 1063, § 1; 2002, ch. 876, § 63; 2007 , ch. 142, § 3; 2008 , ch. 924, § 14; 2009 , ch. 530, § 121.
Tenn. Code Ann. § 55-28-105 — TN Code / Title 55 / Chapter 28 / Section 55-28-105
Termination or cancellation of manufacturer/dealer agreement by dealer
Status: in_force

(a) A dealer may terminate or cancel its manufacturer/dealer agreement with a manufacturer or distributor with or without good cause by giving thirty (30) days' written notice. (b) (1) If the termination or cancellation is for good cause, the notice must state all reasons for the proposed termination or cancellation and must further state that if, within thirty (30) days following receipt of the original notice, the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (2) If the deficiencies are rectified within ninety (90) days, the dealer's notice is voided. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies or fails to cure the deficiencies in the prescribed time period, the termination or cancellation will take effect as provided in the original notice. (3) If the manufacturer/dealer agreement is terminated, cancelled, or not renewed by the dealer for good cause, and the manufacturer fails to provide notice or to cure the claimed deficiencies, the manufacturer shall at the dealer's option and within forty-five (45) days after termination, cancellation, or nonrenewal, repurchase: (A) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within twelve (12) months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer; (B) All undamaged accessories and proprietary parts sold to the dealer for resale within the twelve (12) months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent (105%) of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and (C) Properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of dealers' net cost plus freight if the dealer can prove the equipment can no longer be used in the normal course of the dealer's ongoing business. (4) In the event any of the vehicles repurchased pursuant to subdivision (b)(3) are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery will not disqualify repurchase under this subdivision (b)(4). (5) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after the manufacturer/dealer agreement for that line-make has been terminated or not renewed. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer or distributor, the dealer may continue to sell all line-makes that were subject to the terminated manufacturer/dealer agreement and are currently in stock until those line-makes are no longer in the dealer's inventory. (6) The dealer has the burden of showing good cause. Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (A) A manufacturer being convicted of, or entering a plea of guilty or nolo contendere to a felony; (B) The business operations of the manufacturer have been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (C) A significant misrepresentation by the manufacturer materially affecting the business relationship; (D) A material violation of this chapter which is not cured within thirty (30) days after written notice by the dealer; or (E) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy. Added by 2016 Tenn. Acts, ch. 781,s 11, eff. 7/1/2017.
(a) A dealer may terminate or cancel its manufacturer/dealer agreement with a manufacturer or distributor with or without good cause by giving thirty (30) days' written notice.
(b) (1) If the termination or cancellation is for good cause, the notice must state all reasons for the proposed termination or cancellation and must further state that if, within thirty (30) days following receipt of the original notice, the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (2) If the deficiencies are rectified within ninety (90) days, the dealer's notice is voided. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies or fails to cure the deficiencies in the prescribed time period, the termination or cancellation will take effect as provided in the original notice. (3) If the manufacturer/dealer agreement is terminated, cancelled, or not renewed by the dealer for good cause, and the manufacturer fails to provide notice or to cure the claimed deficiencies, the manufacturer shall at the dealer's option and within forty-five (45) days after termination, cancellation, or nonrenewal, repurchase: (A) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within twelve (12) months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer; (B) All undamaged accessories and proprietary parts sold to the dealer for resale within the twelve (12) months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent (105%) of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and (C) Properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of dealers' net cost plus freight if the dealer can prove the equipment can no longer be used in the normal course of the dealer's ongoing business. (4) In the event any of the vehicles repurchased pursuant to subdivision (b)(3) are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery will not disqualify repurchase under this subdivision (b)(4). (5) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after the manufacturer/dealer agreement for that line-make has been terminated or not renewed. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer or distributor, the dealer may continue to sell all line-makes that were subject to the terminated manufacturer/dealer agreement and are currently in stock until those line-makes are no longer in the dealer's inventory. (6) The dealer has the burden of showing good cause. Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (A) A manufacturer being convicted of, or entering a plea of guilty or nolo contendere to a felony; (B) The business operations of the manufacturer have been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (C) A significant misrepresentation by the manufacturer materially affecting the business relationship; (D) A material violation of this chapter which is not cured within thirty (30) days after written notice by the dealer; or (E) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.
(1) If the termination or cancellation is for good cause, the notice must state all reasons for the proposed termination or cancellation and must further state that if, within thirty (30) days following receipt of the original notice, the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies.
(2) If the deficiencies are rectified within ninety (90) days, the dealer's notice is voided. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies or fails to cure the deficiencies in the prescribed time period, the termination or cancellation will take effect as provided in the original notice.
(3) If the manufacturer/dealer agreement is terminated, cancelled, or not renewed by the dealer for good cause, and the manufacturer fails to provide notice or to cure the claimed deficiencies, the manufacturer shall at the dealer's option and within forty-five (45) days after termination, cancellation, or nonrenewal, repurchase: (A) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within twelve (12) months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer; (B) All undamaged accessories and proprietary parts sold to the dealer for resale within the twelve (12) months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent (105%) of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and (C) Properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of dealers' net cost plus freight if the dealer can prove the equipment can no longer be used in the normal course of the dealer's ongoing business.
(A) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within twelve (12) months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer;
(B) All undamaged accessories and proprietary parts sold to the dealer for resale within the twelve (12) months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent (105%) of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and
(C) Properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of dealers' net cost plus freight if the dealer can prove the equipment can no longer be used in the normal course of the dealer's ongoing business.
(4) In the event any of the vehicles repurchased pursuant to subdivision (b)(3) are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery will not disqualify repurchase under this subdivision (b)(4).
(5) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after the manufacturer/dealer agreement for that line-make has been terminated or not renewed. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer or distributor, the dealer may continue to sell all line-makes that were subject to the terminated manufacturer/dealer agreement and are currently in stock until those line-makes are no longer in the dealer's inventory.
(6) The dealer has the burden of showing good cause. Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (A) A manufacturer being convicted of, or entering a plea of guilty or nolo contendere to a felony; (B) The business operations of the manufacturer have been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (C) A significant misrepresentation by the manufacturer materially affecting the business relationship; (D) A material violation of this chapter which is not cured within thirty (30) days after written notice by the dealer; or (E) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.
(A) A manufacturer being convicted of, or entering a plea of guilty or nolo contendere to a felony;
(B) The business operations of the manufacturer have been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control;
(C) A significant misrepresentation by the manufacturer materially affecting the business relationship;
(D) A material violation of this chapter which is not cured within thirty (30) days after written notice by the dealer; or
(E) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.
Added by 2016 Tenn. Acts, ch. 781,s 11, eff. 7/1/2017.
Tenn. Code Ann. § 55-7-117 — TN Code / Title 55 / Chapter 7 / Section 55-7-117
Use of engine compression braking devices
Status: in_force

(a) Truck tractors and semitrailers, as defined in § 55-8-101 , shall not use an engine compression braking device, unless the engine compression braking device is equipped with an operational, approved muffler. (b) As used in this section, "approved muffler" means any muffler that complies with Federal Motor Carrier Safety Regulations on noise emissions, compiled in 49 CFR 325.1 et seq. (c) A violation of this section is a Class C misdemeanor. (d) Any local or municipal government may request that the department of transportation place signage within the local or municipal government's jurisdiction, to effectuate the purposes of this section within its jurisdiction. The erection of these signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices. The department of transportation shall have the authority to develop appropriate signage, sign usage, and manufacture and installation guidelines regarding the signs. The local or municipal government shall remit to the department of transportation the cost of the manufacture and installation of the signs. The payment shall be made prior to any expenditure by the state for the manufacture or installation of the signs. The department shall return any unused portion of the estimated cost to the local or municipal government paying for the signs within thirty (30) days of the erection of the signs. If the local cost exceeds the estimated cost, an amount equal to the difference in such costs shall be remitted to the department within thirty (30) days of the local or municipal government receiving an itemized invoice of the actual cost from the department. (e) The commissioner of transportation is authorized to promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2005, ch. 405, § 1 - 3.
(a) Truck tractors and semitrailers, as defined in § 55-8-101 , shall not use an engine compression braking device, unless the engine compression braking device is equipped with an operational, approved muffler.
(b) As used in this section, "approved muffler" means any muffler that complies with Federal Motor Carrier Safety Regulations on noise emissions, compiled in 49 CFR 325.1 et seq.
(c) A violation of this section is a Class C misdemeanor.
(d) Any local or municipal government may request that the department of transportation place signage within the local or municipal government's jurisdiction, to effectuate the purposes of this section within its jurisdiction. The erection of these signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices. The department of transportation shall have the authority to develop appropriate signage, sign usage, and manufacture and installation guidelines regarding the signs. The local or municipal government shall remit to the department of transportation the cost of the manufacture and installation of the signs. The payment shall be made prior to any expenditure by the state for the manufacture or installation of the signs. The department shall return any unused portion of the estimated cost to the local or municipal government paying for the signs within thirty (30) days of the erection of the signs. If the local cost exceeds the estimated cost, an amount equal to the difference in such costs shall be remitted to the department within thirty (30) days of the local or municipal government receiving an itemized invoice of the actual cost from the department.
(e) The commissioner of transportation is authorized to promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2005, ch. 405, § 1 - 3.