Tenn. Code Ann. § 55-7-205 — TN Code / Title 55 / Chapter 7 / Section 55-7-205
Permits for moving vehicles of excess weight or size - Permits for towing vehicles of excess weight, height, length, or width
Status: in_force

(a) (1) The commissioner of transportation has the authority to grant special permits for the movements of freight motor vehicles carrying gross weights in excess of the gross weights set forth in § 55-7-203 , or dimensions in excess of the dimensions set forth in §§ 55-7-201 and 55-7-202 , and shall charge a fee in accordance with the fee schedules contained in subsection (h) for the issuance of a permit for each movement. (2) The fee provisions shall not apply to farm tractors or farm machinery moving on any highway. (3) It is not necessary to obtain a permit, nor is it unlawful to move any vehicle or machinery in excess of the maximum width and height prescribed in § 55-7-202 , used for normal farm purposes only where the vehicle or machinery is hauled on a farm truck as defined in § 55-1-119 , or the vehicle or machinery is being transported by a farm machinery equipment dealer or repair person in making a delivery of new or used equipment or machinery to the farm of the purchaser, or in making a pickup and delivery of the farm machinery or equipment from the farm to a shop of a farm equipment dealer or repair person for repairs and return to the farm, and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin, and no part of such movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility. (4) It is not necessary to obtain a permit nor is it unlawful to move any trailer or semitrailer utilized for transporting rolled hay bales; provided, that the width of the trailer or semitrailer, including any part of the load, does not exceed ten feet (10') (that is five feet (5') on each side of the centerline of the trailer or semitrailer), and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility or other federal-aid highway designated by the commissioner. (5) No fee authorized by this section shall be charged for the issuance or renewal of such special permits to any retail electric service owned by a municipality or electric cooperative corporation, or to any telephone company or to contractors when they are moving utility poles doing work for such utilities. (6) Upon compliance with the appropriate rules and regulations, such electric services, telephone companies, and their contractors, when they are moving utility poles, may be issued special permits for stated periods not exceeding one (1) year. (7) All fees received shall be paid into the state treasury and placed in the highway fund for the administration of this section. (8) (A) The commissioner has the authority to reduce the maximum gross weight of freight motor vehicles operating over lateral highways and secondary roads where, through weakness of structure in either the surface of or the bridges over the lateral highways or secondary roads, the maximum loads provided by law, in the opinion of the commissioner, injure or damage the roads or bridges. (B) The county legislative body shall have the same authority as to county roads; provided, however, that any proposed reduction below the weight limits set by the commissioner pursuant to this section shall require a two-thirds (2/3) vote of the county legislative body and shall be based upon the same criteria as used by the commissioner. (C) To the extent there is a conflict between this subdivision (a)(8) and any other general law or a private act, this subdivision (a)(8) shall govern. (b) (1) The commissioner has the authority to grant a special permit with a duration of one (1) year for the movement of a single motor vehicle, that does not exceed the length limitation set forth in § 55-7-115 and the weight limitations set forth in § 55-7-203(b)(3) , that has a width greater than one hundred two inches (102") but not exceeding one hundred eight inches (108"), and that is used exclusively to transport seed cotton modules. (2) This special permit will allow the vehicle to travel upon the interstate system of highways and other federal-aid highways designated by the commissioner. (3) The cost of this special annual permit shall be one hundred dollars ($100). (4) Solely during the harvest season for cotton, the movement of the vehicle operating under a special annual permit shall be unrestricted with respect to day of the week, time or holiday observation. At other times, the movement of the vehicle shall be subject to the rules and regulations which the commissioner has prescribed pursuant to subsection (e). (c) The commissioner shall, at each bridge and on each lateral highway or secondary road, post signs indicating the maximum gross weight permitted thereon, and it is unlawful to operate any freight motor vehicles thereon with a gross weight in excess of the posted weight limit, and any person violating the rules and regulations of the commissioner upon the secondary or lateral roads commits a Class A misdemeanor. (d) The commissioner of safety shall, with the approval of the governor, provide means and prescribe rules and regulations governing the weighing of freight motor vehicles, which rules and regulations may make allowances for differentials in weight due to weather conditions. (e) (1) The commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of these special permits for stated periods not exceeding one (1) year, for the transportation of such oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise, and for the operation of such superheavy or overweight vehicles, motor trucks, semitrailers and trailers, whose gross weight, including load, height, width, or length, may exceed the limits prescribed herein or which in other respects fail to comply with the requirements of this code, as may be reasonably necessary for the transportation of these oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise. (2) For purposes of this subsection (e), a vehicle transporting fluid milk products shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise. (f) Permits shall be issued and may be renewed only upon the terms and conditions, in the interest of public safety and the preservation of the highways, as are prescribed in general rules and regulations promulgated by the orders of the commissioner. (g) Rules and regulations so prescribed by the commissioner may require, as a condition of the issuance of these permits, that an applicant shall agree to and give bond with surety (unless an applicant shall by sworn statement furnish satisfactory proof of the applicant's own solvency to the authority issuing the permit) to indemnify the state and/or counties thereof, against damages to roads, or bridges, resulting from the use thereof by the applicant. Each permit and bond, if the commissioner so authorizes, may cover more than one (1) vehicle operated by the same applicant. The operation of vehicles, motor trucks, tractors, semitrailers or trailers in accordance with the terms of any such permit shall not constitute a violation of this part; provided, that the operator thereof shall have a permit, or a copy thereof, authenticated as the commissioner may require, in the operator's possession. The operation of any vehicle, motor truck, semitrailer or trailer, in violation of the terms of the permit, constitutes a violation of law punishable under § 55-7-206 . (h) The commissioner shall charge fees for granting special permits for the movements described in subsection (a) in accordance with the following schedules: (1) Excessive width: (A) Not more than fourteen feet (14'), twenty dollars ($20.00); (B) Over fourteen feet (14') but not more than sixteen feet (16'), thirty dollars ($30.00); (C) Except as provided in subdivision (h)(1)(D), over sixteen feet (16'), thirty dollars ($30.00), plus five dollars ($5.00) for each additional foot or fraction thereof greater than sixteen feet (16'); (D) (i) For houseboats: (a) Over sixteen feet (16') but not more than eighteen feet (18'), five hundred dollars ($500); (b) Over eighteen feet (18') but not more than twenty feet (20'), seven hundred fifty dollars ($750); and (c) Over twenty feet (20'), one thousand dollars ($1,000); and (ii) All permits issued by the department pursuant to subdivision (h)(1)(D)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(D)(i) for movements on Tuesday, Wednesday, or Thursday; (2) Excessive height or length: Twenty dollars ($20.00); (3) Excessive weight: Twenty dollars ($20.00) plus six cents (6¢) per ton-mile; (4) Evaluation of bridges and similar structures. The department shall, as it deems necessary, evaluate the capacity of bridges or similar structures to carry the proposed movement of an overweight or overdimensional load along a particular route, and the department shall charge the requestor for this evaluation each time a different route is proposed, as follows: (A) Movements weighing over one hundred sixty-five thousand pounds (165,000 lbs.) but not more than two hundred fifty thousand pounds (250,000 lbs.), one hundred dollars ($100); (B) Movements weighing over two hundred fifty thousand pounds (250,000 lbs.) but not more than five hundred thousand pounds (500,000 lbs.), three hundred dollars ($300); and (C) Movements weighing over five hundred thousand pounds (500,000 lbs.), actual cost; (5) A permit shall be available from the department of transportation on an annual basis for each specific vehicle to be used for transporting overdimensional or overweight loads, or both, except for those vehicles specifically permitted and used to transport cotton seed modules as provided in subsection (b), overdimensional boats used for noncommercial purposes as provided in subdivision (h)(6), mobile homes as provided in § 55-4-406 , and towing vehicles used to transport wrecked, disabled, or abandoned vehicles under a towing permit as provided in subdivision (n)(5), as follows: (A) For vehicles transporting loads up to but not exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or twelve feet six inches (12'6") in width, one hundred dollars ($100); provided, however, that vehicles transporting loads up to but not exceeding thirteen feet six inches (13'6") in width may obtain an annual permit upon the condition that such overwidth movements shall be accompanied by an escort vehicle as required in the rules and regulations promulgated by the commissioner in accordance with this section; (B) For vehicles transporting loads with excess weights up to but not exceeding one hundred thousand pounds (100,000 lbs.), seven hundred fifty dollars ($750); (C) For vehicles transporting loads with excess weights over one hundred thousand pounds (100,000 lbs.) but not exceeding one hundred twenty thousand pounds (120,000 lbs.), one thousand five hundred dollars ($1,500); (D) For vehicles transporting loads with excess weights over one hundred twenty thousand pounds (120,000 lbs.) but not exceeding one hundred forty thousand pounds (140,000 lbs.), two thousand two hundred fifty dollars ($2,250); (E) For vehicles transporting loads with excess weights over one hundred forty thousand pounds (140,000 lbs.) but not exceeding one hundred fifty-five thousand pounds (155,000 lbs.), three thousand dollars ($3,000); (F) For vehicles transporting loads over one hundred fifty-five thousand pounds (155,000 lbs.) but not exceeding one hundred sixty-five thousand pounds (165,000 lbs.), three thousand five hundred dollars ($3,500); (G) Vehicles transporting loads that are both overdimensional and overweight shall be charged a separate annual fee for both overdimensional loads and overweight loads as provided in subdivisions (h)(5)(A)-(F); (H) No annual permit shall be available for any vehicle transporting loads with weights exceeding one hundred sixty-five thousand pounds (165,000 lbs.) or dimensions exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or thirteen feet six inches (13'6") in width, and any such vehicle shall be required to obtain a special permit for the fee or fees otherwise established in subdivisions (h)(1)-(4) for a vehicle movement with excessive width, height, length, or weight; provided, however, that a vehicle holding an annual permit for excessive weight under subdivisions (h)(5)(B)-(F) may supplement that annual permit by obtaining a single trip permit allowing for the movement of a load with excessive width, height, or length not previously covered by an annual permit under this subdivision (h)(5); and (I) Notwithstanding any vehicle movement authorized under an annual permit as provided in this subdivision (h)(5), no such vehicle shall be authorized to exceed any vehicle weight limit or limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway; and (6) A permit shall be available from the department on an annual basis for individual owners of overdimensional boats used strictly for noncommercial pleasure purposes for double the amount of the regular fee described in subdivisions (h)(1) and (2). (i) The authority issuing the permits has the right to revoke the permits at any time in the event that in the use of the permit the holder of a permit abuses the privilege given thereby, or otherwise makes wrongful use of the permit. The authorized county authorities (as well as the commissioner) may issue permits, but always consistently with rules and regulations, prescribed by the commissioner, for movements over any and all roads, except city streets, within the limits of the county for which they are acting. (j) A violation of a material provision of a special permit shall render it void. (k) Any statute, resolution or ordinance to the contrary notwithstanding, the authority of any county or city agency to issue permits is limited with respect to maximums for weight and dimensions to the maximums therefor approved by the commissioner. (l) (1) Except as otherwise specifically set forth in this section, a special permit issued for movements of an overweight or overdimensional motor vehicle pursuant to subsection (a) shall allow for continuous movement twenty-four (24) hours a day, seven (7) days a week, and shall be valid for ten (10) calendar days for each single trip, except as provided in subdivision ( l )(2). (2) A special permit issued by the commissioner for movements described in subsection (a): (A) Shall not allow movement of vehicles exceeding twelve feet six inches (12'6") in width, fifteen feet (15') in height, or ninety feet (90') in length on the interstate system of highways between the hours of seven o'clock a.m. (7:00 a.m.) to nine o'clock a.m. (9:00 a.m.) and four o'clock p.m. (4:00 p.m.) to six o'clock p.m. (6:00 p.m.) from Monday through Friday in counties having a population exceeding two hundred fifty thousand (250,000), according to the 2010 federal census or any subsequent federal census; (B) May be subject to restrictions on movements during periods of heavy traffic volume associated with certain holidays, as follows: (i) Easter: After six o'clock p.m. (6:00 p.m.) on the Thursday preceding Good Friday through and including Easter Sunday; (ii) Memorial Day: After twelve o'clock (12:00) noon on the preceding Friday through Memorial Day; (iii) Independence Day: July 3 and July 4; provided, that if July 4 is a Friday, Saturday, Monday, or Tuesday, the weekend day or days immediately following or preceding July 4, as applicable, may also be restricted; (iv) Labor Day: After twelve o'clock (12:00) noon on the preceding Friday through Labor Day; (v) Thanksgiving: After twelve o'clock (12:00) noon on the Wednesday before Thanksgiving through Sunday following Thanksgiving; and (vi) Christmas/New Year's Day: December 24 through January 1; provided, that if December 24 is a Sunday or Monday, the weekend day or days immediately preceding December 24 may also be restricted; provided further, that if January 1 is a Friday or Saturday, the weekend day or days immediately following January 1 may also be restricted; (C) May be subject to route restrictions based on conditions of the roadway or bridges and the weight or dimensions of the load; (D) May be subject to restrictions on time of movement during inclement weather or weather-related emergencies when conditions prevail that could make movement unsafe; and (E) For super heavy or extra-overdimensional loads exceeding one hundred sixty-five thousand pounds (165,000 lbs.), sixteen feet (16') in width, or fifteen feet six inches (15'6") in height, the time of movement may be restricted based on conditions of the road, traffic volumes, or other conditions affecting public safety and convenience as the commissioner may determine. (3) This subsection ( l ) does not apply to special permits issued for movements of: (A) Mobile homes as defined in § 55-4-402 ; (B) Site-built houses; (C) Houseboats; or (D) Towing vehicles engaged in emergency towing movements in accordance with subsection (n). (m) For any motor vehicle issued a special permit pursuant to subsection (a) that has a truck-tractor and semitrailer combination carrying a load in excess of width or length limitations, the load shall be marked as follows for movements between one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise: (1) On each side of the projecting load, one (1) red side marker lamp, visible from the side, located so as to indicate maximum overhang; and (2) On the rear of the projecting load: (A) Two (2) red lamps, visible from the rear, one (1) at each side; and (B) Two (2) red reflectors, visible from the rear, one (1) at each side, located so as to indicate maximum width. (n) (1) Notwithstanding this section to the contrary, the commissioner of transportation is authorized to issue a special permit allowing a towing vehicle to transport wrecked, disabled, or abandoned vehicles on the state highway system, including the interstate highway system, when the towing vehicle, or the towing vehicle and towed vehicle in combination, exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b) , the maximum vehicle height or width allowed under § 55-7-202 , or the maximum vehicle lengths allowed under § 55-7-201 . (2) For purposes of this subsection (n): (A) "Emergency towing movement" means the towing of a wrecked, disabled, or abandoned vehicle from a location within or adjacent to the traffic lanes or shoulders of a highway to the nearest exit or repair or terminal facility within one hundred (100) miles from the location of the wreck, disablement, or abandonment along the highway; (B) "Secondary towing movement" means any towing movement other than an emergency towing movement; and (C) "Towing vehicle" means a vehicle used to tow wrecked, disabled, or abandoned vehicles. (3) When transporting a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise. (4) No towing vehicle or combination of towing vehicle and towed vehicle shall be authorized to exceed any total gross vehicle weight limits or axle weight limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway. (5) The commissioner may issue a single trip permit or an annual permit for the movement of a towing vehicle that by itself or in combination with a towed vehicle exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b) , the maximum vehicle height or width allowed under § 55-7-202 , or the maximum vehicle lengths allowed under § 55-7-201 , subject to the following conditions: (A) When not towing a wrecked, disabled, or abandoned vehicle, the towing vehicle shall not exceed thirteen feet six inches (13'6") in height, nine feet (9') in width, or forty-five feet (45') in length. The maximum gross vehicle weight of the towing vehicle shall not exceed eighty-five thousand pounds (85,000 lbs.). The total weight on any single axle shall not exceed twenty-three thousand pounds (23,000 lbs.); the total weight on any tandem axle group shall not exceed forty-six thousand pounds (46,000 lbs.); and the total weight on any tridem axle group shall not exceed sixty thousand pounds (60,000 lbs.); (B) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall not exceed thirteen feet ten inches (13'10") in height; twelve feet six inches (12'6") in width; or ninety feet (90') in length if the movement is a secondary towing movement that is not exempt from length restrictions under § 55-7-201(h) . These size limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(B)(ii); and (ii) A towing movement exceeding the size limits set in subdivision (n)(5)(B)(i), but not exceeding fifteen feet (15') in height or sixteen feet (16') in width, may be permitted under a single trip permit in accordance with the rules of the department of transportation if the movement is accompanied by an escort vehicle or escort vehicles. For the purpose of complying with this escort vehicle requirement, the towing vehicle itself may substitute for a front escort vehicle so long as the towing vehicle is operating with flashing amber lights displayed to the front of the vehicle; (C) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of the towing vehicle and towed vehicle shall not exceed one hundred sixty-five thousand pounds (165,000 lbs.) in total gross vehicle weight. The total weight on any single axle not in a tandem or tridem axle group shall not exceed twenty-five thousand pounds (25,000 lbs.); the total weight on any tandem axle group shall not exceed fifty thousand pounds (50,000 lbs.); and the total weight on any tridem axle group shall not exceed seventy-five thousand pounds (75,000 lbs.). These weight limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(C)(ii); and (ii) A secondary towing movement exceeding the combined gross vehicle weight of one hundred sixty-five thousand pounds (165,000 lbs.), but not exceeding the maximum axle weight limits established in subdivision (n)(5)(C)(i), may be permitted under a single trip permit in accordance with the rules of the department of transportation, subject to the additional fees and charges provided in subdivision (n)(5)(E); (D) The single trip permit or annual permit issued pursuant to this subdivision (n)(5) shall be issued to each specific towing vehicle that is engaged in the towing of wrecked, disabled, or abandoned vehicles; and (E) (i) The cost of a single trip permit shall be in accordance with the fees established in subdivisions (h)(1)-(3) for overdimensional and overweight permits; provided, however, that if the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.), the cost of the permit shall also include the additional fee of twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4); and (ii) The cost of an annual towing permit issued pursuant to this subdivision (n)(5) shall be five hundred dollars ($500). No annual permit shall be available for any towing movement where the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.); provided, however, that a towing vehicle holding an annual permit may supplement that annual permit by obtaining a single trip permit allowing for the movement of additional excessive weight at the cost of twenty dollars ($20.00) plus twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4). (6) A towing vehicle with a valid permit under subdivision (n)(5) may be authorized to undertake an emergency towing movement where the combination of the towing vehicle and the towed vehicle exceeds the height, width, or weight limits established in subdivision (n)(5) if the department of transportation, the department of safety, or a local traffic law enforcement agency requests the assistance of the towing vehicle to remove a wrecked, disabled, or abandoned vehicle from the highway. In such case, the wrecked, disabled, or abandoned vehicle shall be towed only to the nearest rest area, weigh station, truck parking area, or other safe location away from the highway traffic lanes and shoulders as designated by the agency requesting the assistance. The department of transportation may require a bridge evaluation pursuant to subdivision (h)(4) and may impose route restrictions based on the condition of the roadway and bridges. (o) Notwithstanding this section, chapter 4, part 4 of this title, or any other law or regulation to the contrary, the movement of any mobile home not exceeding fourteen feet (14') in width shall not be required to have more than one (1) escort vehicle to follow the movement, or any escort vehicle to precede the movement, on the interstate highway system or highways with four (4) or more lanes, and such movement shall not be required to have more than one (1) escort vehicle to precede the movement, or any escort vehicle to follow the movement, on two-lane highways. (p) Notwithstanding subsections (e)-(g) or any other law to the contrary, an applicant for the issuance or renewal of a special permit for the movement of an oversize motor vehicle, or trailer or semitrailer, whose height, including the load, may exceed the limits prescribed in § 55-7-202 is not required, as a condition for the issuance or renewal of the permit, to complete or submit a route survey of the proposed route of travel unless the height of the vehicle and load exceeds fifteen feet six inches (15'6"). Amended by 2019 Tenn. Acts, ch. 276, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 252, s 1, eff. 5/2/2019. Amended by 2018 Tenn. Acts, ch. 994, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 477, Secs.s 3, s 4, s 5, s 6, s 7 eff. 6/6/2017. Amended by 2017 Tenn. Acts, ch. 156, s 1, eff. 4/17/2017. Amended by 2016 Tenn. Acts, ch. 1012, s 3, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 1012, s 2, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 760, s 1, eff. 4/19/2016. Amended by 2015 Tenn. Acts, ch. 393, s 3, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 393, s 2, eff. 7/1/2015. Acts 1933, ch. 35, § 8; 1939, ch. 105, § 7; 1941, ch. 84, § 4; 1945, ch. 164, § 4; mod. C. Supp. 1950, § 2715.4 (Williams, §§ 1166.34, 2715.8); Acts 1953, ch. 7, § 1; impl. am. Acts 1959, ch. 9, § 3; Acts 1976, ch. 592, §§ 1-5; 1977, ch. 96, § 1; 1977, ch. 195, § 1; T.C.A. (orig. ed.), § 59-1111; Acts 1981, ch. 40, § 1; 1981, ch. 448, §§ 7, 10; 1981, ch. 535, §§ 6, 7, 8; 1982, ch. 953, §§ 2, 4, 5; 1983, ch. 319, § 7; 1986, ch. 855, § 2; 1988, ch. 622, §§ 1, 2; T.C.A., § 55-11-205; Acts 1989, ch. 518, § 1; 1989, ch. 591, §§ 1, 6; 1991, ch. 226, § 2; 2000, ch. 669, § 2; 2000, ch. 962, § 2; 2001, ch. 254, § 1; 2012 , ch. 563, § 1.
(a) (1) The commissioner of transportation has the authority to grant special permits for the movements of freight motor vehicles carrying gross weights in excess of the gross weights set forth in § 55-7-203 , or dimensions in excess of the dimensions set forth in §§ 55-7-201 and 55-7-202 , and shall charge a fee in accordance with the fee schedules contained in subsection (h) for the issuance of a permit for each movement. (2) The fee provisions shall not apply to farm tractors or farm machinery moving on any highway. (3) It is not necessary to obtain a permit, nor is it unlawful to move any vehicle or machinery in excess of the maximum width and height prescribed in § 55-7-202 , used for normal farm purposes only where the vehicle or machinery is hauled on a farm truck as defined in § 55-1-119 , or the vehicle or machinery is being transported by a farm machinery equipment dealer or repair person in making a delivery of new or used equipment or machinery to the farm of the purchaser, or in making a pickup and delivery of the farm machinery or equipment from the farm to a shop of a farm equipment dealer or repair person for repairs and return to the farm, and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin, and no part of such movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility. (4) It is not necessary to obtain a permit nor is it unlawful to move any trailer or semitrailer utilized for transporting rolled hay bales; provided, that the width of the trailer or semitrailer, including any part of the load, does not exceed ten feet (10') (that is five feet (5') on each side of the centerline of the trailer or semitrailer), and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility or other federal-aid highway designated by the commissioner. (5) No fee authorized by this section shall be charged for the issuance or renewal of such special permits to any retail electric service owned by a municipality or electric cooperative corporation, or to any telephone company or to contractors when they are moving utility poles doing work for such utilities. (6) Upon compliance with the appropriate rules and regulations, such electric services, telephone companies, and their contractors, when they are moving utility poles, may be issued special permits for stated periods not exceeding one (1) year. (7) All fees received shall be paid into the state treasury and placed in the highway fund for the administration of this section. (8) (A) The commissioner has the authority to reduce the maximum gross weight of freight motor vehicles operating over lateral highways and secondary roads where, through weakness of structure in either the surface of or the bridges over the lateral highways or secondary roads, the maximum loads provided by law, in the opinion of the commissioner, injure or damage the roads or bridges. (B) The county legislative body shall have the same authority as to county roads; provided, however, that any proposed reduction below the weight limits set by the commissioner pursuant to this section shall require a two-thirds (2/3) vote of the county legislative body and shall be based upon the same criteria as used by the commissioner. (C) To the extent there is a conflict between this subdivision (a)(8) and any other general law or a private act, this subdivision (a)(8) shall govern.
(1) The commissioner of transportation has the authority to grant special permits for the movements of freight motor vehicles carrying gross weights in excess of the gross weights set forth in § 55-7-203 , or dimensions in excess of the dimensions set forth in §§ 55-7-201 and 55-7-202 , and shall charge a fee in accordance with the fee schedules contained in subsection (h) for the issuance of a permit for each movement.
(2) The fee provisions shall not apply to farm tractors or farm machinery moving on any highway.
(3) It is not necessary to obtain a permit, nor is it unlawful to move any vehicle or machinery in excess of the maximum width and height prescribed in § 55-7-202 , used for normal farm purposes only where the vehicle or machinery is hauled on a farm truck as defined in § 55-1-119 , or the vehicle or machinery is being transported by a farm machinery equipment dealer or repair person in making a delivery of new or used equipment or machinery to the farm of the purchaser, or in making a pickup and delivery of the farm machinery or equipment from the farm to a shop of a farm equipment dealer or repair person for repairs and return to the farm, and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin, and no part of such movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.
(4) It is not necessary to obtain a permit nor is it unlawful to move any trailer or semitrailer utilized for transporting rolled hay bales; provided, that the width of the trailer or semitrailer, including any part of the load, does not exceed ten feet (10') (that is five feet (5') on each side of the centerline of the trailer or semitrailer), and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility or other federal-aid highway designated by the commissioner.
(5) No fee authorized by this section shall be charged for the issuance or renewal of such special permits to any retail electric service owned by a municipality or electric cooperative corporation, or to any telephone company or to contractors when they are moving utility poles doing work for such utilities.
(6) Upon compliance with the appropriate rules and regulations, such electric services, telephone companies, and their contractors, when they are moving utility poles, may be issued special permits for stated periods not exceeding one (1) year.
(7) All fees received shall be paid into the state treasury and placed in the highway fund for the administration of this section.
(8) (A) The commissioner has the authority to reduce the maximum gross weight of freight motor vehicles operating over lateral highways and secondary roads where, through weakness of structure in either the surface of or the bridges over the lateral highways or secondary roads, the maximum loads provided by law, in the opinion of the commissioner, injure or damage the roads or bridges. (B) The county legislative body shall have the same authority as to county roads; provided, however, that any proposed reduction below the weight limits set by the commissioner pursuant to this section shall require a two-thirds (2/3) vote of the county legislative body and shall be based upon the same criteria as used by the commissioner. (C) To the extent there is a conflict between this subdivision (a)(8) and any other general law or a private act, this subdivision (a)(8) shall govern.
(A) The commissioner has the authority to reduce the maximum gross weight of freight motor vehicles operating over lateral highways and secondary roads where, through weakness of structure in either the surface of or the bridges over the lateral highways or secondary roads, the maximum loads provided by law, in the opinion of the commissioner, injure or damage the roads or bridges.
(B) The county legislative body shall have the same authority as to county roads; provided, however, that any proposed reduction below the weight limits set by the commissioner pursuant to this section shall require a two-thirds (2/3) vote of the county legislative body and shall be based upon the same criteria as used by the commissioner.
(C) To the extent there is a conflict between this subdivision (a)(8) and any other general law or a private act, this subdivision (a)(8) shall govern.
(b) (1) The commissioner has the authority to grant a special permit with a duration of one (1) year for the movement of a single motor vehicle, that does not exceed the length limitation set forth in § 55-7-115 and the weight limitations set forth in § 55-7-203(b)(3) , that has a width greater than one hundred two inches (102") but not exceeding one hundred eight inches (108"), and that is used exclusively to transport seed cotton modules. (2) This special permit will allow the vehicle to travel upon the interstate system of highways and other federal-aid highways designated by the commissioner. (3) The cost of this special annual permit shall be one hundred dollars ($100). (4) Solely during the harvest season for cotton, the movement of the vehicle operating under a special annual permit shall be unrestricted with respect to day of the week, time or holiday observation. At other times, the movement of the vehicle shall be subject to the rules and regulations which the commissioner has prescribed pursuant to subsection (e).
(1) The commissioner has the authority to grant a special permit with a duration of one (1) year for the movement of a single motor vehicle, that does not exceed the length limitation set forth in § 55-7-115 and the weight limitations set forth in § 55-7-203(b)(3) , that has a width greater than one hundred two inches (102") but not exceeding one hundred eight inches (108"), and that is used exclusively to transport seed cotton modules.
(2) This special permit will allow the vehicle to travel upon the interstate system of highways and other federal-aid highways designated by the commissioner.
(3) The cost of this special annual permit shall be one hundred dollars ($100).
(4) Solely during the harvest season for cotton, the movement of the vehicle operating under a special annual permit shall be unrestricted with respect to day of the week, time or holiday observation. At other times, the movement of the vehicle shall be subject to the rules and regulations which the commissioner has prescribed pursuant to subsection (e).
(c) The commissioner shall, at each bridge and on each lateral highway or secondary road, post signs indicating the maximum gross weight permitted thereon, and it is unlawful to operate any freight motor vehicles thereon with a gross weight in excess of the posted weight limit, and any person violating the rules and regulations of the commissioner upon the secondary or lateral roads commits a Class A misdemeanor.
(d) The commissioner of safety shall, with the approval of the governor, provide means and prescribe rules and regulations governing the weighing of freight motor vehicles, which rules and regulations may make allowances for differentials in weight due to weather conditions.
(e) (1) The commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of these special permits for stated periods not exceeding one (1) year, for the transportation of such oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise, and for the operation of such superheavy or overweight vehicles, motor trucks, semitrailers and trailers, whose gross weight, including load, height, width, or length, may exceed the limits prescribed herein or which in other respects fail to comply with the requirements of this code, as may be reasonably necessary for the transportation of these oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise. (2) For purposes of this subsection (e), a vehicle transporting fluid milk products shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise.
(1) The commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of these special permits for stated periods not exceeding one (1) year, for the transportation of such oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise, and for the operation of such superheavy or overweight vehicles, motor trucks, semitrailers and trailers, whose gross weight, including load, height, width, or length, may exceed the limits prescribed herein or which in other respects fail to comply with the requirements of this code, as may be reasonably necessary for the transportation of these oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise.
(2) For purposes of this subsection (e), a vehicle transporting fluid milk products shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise.
(f) Permits shall be issued and may be renewed only upon the terms and conditions, in the interest of public safety and the preservation of the highways, as are prescribed in general rules and regulations promulgated by the orders of the commissioner.
(g) Rules and regulations so prescribed by the commissioner may require, as a condition of the issuance of these permits, that an applicant shall agree to and give bond with surety (unless an applicant shall by sworn statement furnish satisfactory proof of the applicant's own solvency to the authority issuing the permit) to indemnify the state and/or counties thereof, against damages to roads, or bridges, resulting from the use thereof by the applicant. Each permit and bond, if the commissioner so authorizes, may cover more than one (1) vehicle operated by the same applicant. The operation of vehicles, motor trucks, tractors, semitrailers or trailers in accordance with the terms of any such permit shall not constitute a violation of this part; provided, that the operator thereof shall have a permit, or a copy thereof, authenticated as the commissioner may require, in the operator's possession. The operation of any vehicle, motor truck, semitrailer or trailer, in violation of the terms of the permit, constitutes a violation of law punishable under § 55-7-206 .
(h) The commissioner shall charge fees for granting special permits for the movements described in subsection (a) in accordance with the following schedules: (1) Excessive width: (A) Not more than fourteen feet (14'), twenty dollars ($20.00); (B) Over fourteen feet (14') but not more than sixteen feet (16'), thirty dollars ($30.00); (C) Except as provided in subdivision (h)(1)(D), over sixteen feet (16'), thirty dollars ($30.00), plus five dollars ($5.00) for each additional foot or fraction thereof greater than sixteen feet (16'); (D) (i) For houseboats: (a) Over sixteen feet (16') but not more than eighteen feet (18'), five hundred dollars ($500); (b) Over eighteen feet (18') but not more than twenty feet (20'), seven hundred fifty dollars ($750); and (c) Over twenty feet (20'), one thousand dollars ($1,000); and (ii) All permits issued by the department pursuant to subdivision (h)(1)(D)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(D)(i) for movements on Tuesday, Wednesday, or Thursday; (2) Excessive height or length: Twenty dollars ($20.00); (3) Excessive weight: Twenty dollars ($20.00) plus six cents (6¢) per ton-mile; (4) Evaluation of bridges and similar structures. The department shall, as it deems necessary, evaluate the capacity of bridges or similar structures to carry the proposed movement of an overweight or overdimensional load along a particular route, and the department shall charge the requestor for this evaluation each time a different route is proposed, as follows: (A) Movements weighing over one hundred sixty-five thousand pounds (165,000 lbs.) but not more than two hundred fifty thousand pounds (250,000 lbs.), one hundred dollars ($100); (B) Movements weighing over two hundred fifty thousand pounds (250,000 lbs.) but not more than five hundred thousand pounds (500,000 lbs.), three hundred dollars ($300); and (C) Movements weighing over five hundred thousand pounds (500,000 lbs.), actual cost; (5) A permit shall be available from the department of transportation on an annual basis for each specific vehicle to be used for transporting overdimensional or overweight loads, or both, except for those vehicles specifically permitted and used to transport cotton seed modules as provided in subsection (b), overdimensional boats used for noncommercial purposes as provided in subdivision (h)(6), mobile homes as provided in § 55-4-406 , and towing vehicles used to transport wrecked, disabled, or abandoned vehicles under a towing permit as provided in subdivision (n)(5), as follows: (A) For vehicles transporting loads up to but not exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or twelve feet six inches (12'6") in width, one hundred dollars ($100); provided, however, that vehicles transporting loads up to but not exceeding thirteen feet six inches (13'6") in width may obtain an annual permit upon the condition that such overwidth movements shall be accompanied by an escort vehicle as required in the rules and regulations promulgated by the commissioner in accordance with this section; (B) For vehicles transporting loads with excess weights up to but not exceeding one hundred thousand pounds (100,000 lbs.), seven hundred fifty dollars ($750); (C) For vehicles transporting loads with excess weights over one hundred thousand pounds (100,000 lbs.) but not exceeding one hundred twenty thousand pounds (120,000 lbs.), one thousand five hundred dollars ($1,500); (D) For vehicles transporting loads with excess weights over one hundred twenty thousand pounds (120,000 lbs.) but not exceeding one hundred forty thousand pounds (140,000 lbs.), two thousand two hundred fifty dollars ($2,250); (E) For vehicles transporting loads with excess weights over one hundred forty thousand pounds (140,000 lbs.) but not exceeding one hundred fifty-five thousand pounds (155,000 lbs.), three thousand dollars ($3,000); (F) For vehicles transporting loads over one hundred fifty-five thousand pounds (155,000 lbs.) but not exceeding one hundred sixty-five thousand pounds (165,000 lbs.), three thousand five hundred dollars ($3,500); (G) Vehicles transporting loads that are both overdimensional and overweight shall be charged a separate annual fee for both overdimensional loads and overweight loads as provided in subdivisions (h)(5)(A)-(F); (H) No annual permit shall be available for any vehicle transporting loads with weights exceeding one hundred sixty-five thousand pounds (165,000 lbs.) or dimensions exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or thirteen feet six inches (13'6") in width, and any such vehicle shall be required to obtain a special permit for the fee or fees otherwise established in subdivisions (h)(1)-(4) for a vehicle movement with excessive width, height, length, or weight; provided, however, that a vehicle holding an annual permit for excessive weight under subdivisions (h)(5)(B)-(F) may supplement that annual permit by obtaining a single trip permit allowing for the movement of a load with excessive width, height, or length not previously covered by an annual permit under this subdivision (h)(5); and (I) Notwithstanding any vehicle movement authorized under an annual permit as provided in this subdivision (h)(5), no such vehicle shall be authorized to exceed any vehicle weight limit or limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway; and (6) A permit shall be available from the department on an annual basis for individual owners of overdimensional boats used strictly for noncommercial pleasure purposes for double the amount of the regular fee described in subdivisions (h)(1) and (2).
(1) Excessive width: (A) Not more than fourteen feet (14'), twenty dollars ($20.00); (B) Over fourteen feet (14') but not more than sixteen feet (16'), thirty dollars ($30.00); (C) Except as provided in subdivision (h)(1)(D), over sixteen feet (16'), thirty dollars ($30.00), plus five dollars ($5.00) for each additional foot or fraction thereof greater than sixteen feet (16'); (D) (i) For houseboats: (a) Over sixteen feet (16') but not more than eighteen feet (18'), five hundred dollars ($500); (b) Over eighteen feet (18') but not more than twenty feet (20'), seven hundred fifty dollars ($750); and (c) Over twenty feet (20'), one thousand dollars ($1,000); and (ii) All permits issued by the department pursuant to subdivision (h)(1)(D)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(D)(i) for movements on Tuesday, Wednesday, or Thursday;
(A) Not more than fourteen feet (14'), twenty dollars ($20.00);
(B) Over fourteen feet (14') but not more than sixteen feet (16'), thirty dollars ($30.00);
(C) Except as provided in subdivision (h)(1)(D), over sixteen feet (16'), thirty dollars ($30.00), plus five dollars ($5.00) for each additional foot or fraction thereof greater than sixteen feet (16');
(D) (i) For houseboats: (a) Over sixteen feet (16') but not more than eighteen feet (18'), five hundred dollars ($500); (b) Over eighteen feet (18') but not more than twenty feet (20'), seven hundred fifty dollars ($750); and (c) Over twenty feet (20'), one thousand dollars ($1,000); and (ii) All permits issued by the department pursuant to subdivision (h)(1)(D)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(D)(i) for movements on Tuesday, Wednesday, or Thursday;
(i) For houseboats: (a) Over sixteen feet (16') but not more than eighteen feet (18'), five hundred dollars ($500); (b) Over eighteen feet (18') but not more than twenty feet (20'), seven hundred fifty dollars ($750); and (c) Over twenty feet (20'), one thousand dollars ($1,000); and
(a) Over sixteen feet (16') but not more than eighteen feet (18'), five hundred dollars ($500);
(b) Over eighteen feet (18') but not more than twenty feet (20'), seven hundred fifty dollars ($750); and
(c) Over twenty feet (20'), one thousand dollars ($1,000); and
(ii) All permits issued by the department pursuant to subdivision (h)(1)(D)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(D)(i) for movements on Tuesday, Wednesday, or Thursday;
(2) Excessive height or length: Twenty dollars ($20.00);
Twenty dollars ($20.00);
(3) Excessive weight: Twenty dollars ($20.00) plus six cents (6¢) per ton-mile;
Twenty dollars ($20.00) plus six cents (6¢) per ton-mile;
(4) Evaluation of bridges and similar structures. The department shall, as it deems necessary, evaluate the capacity of bridges or similar structures to carry the proposed movement of an overweight or overdimensional load along a particular route, and the department shall charge the requestor for this evaluation each time a different route is proposed, as follows: (A) Movements weighing over one hundred sixty-five thousand pounds (165,000 lbs.) but not more than two hundred fifty thousand pounds (250,000 lbs.), one hundred dollars ($100); (B) Movements weighing over two hundred fifty thousand pounds (250,000 lbs.) but not more than five hundred thousand pounds (500,000 lbs.), three hundred dollars ($300); and (C) Movements weighing over five hundred thousand pounds (500,000 lbs.), actual cost;
(A) Movements weighing over one hundred sixty-five thousand pounds (165,000 lbs.) but not more than two hundred fifty thousand pounds (250,000 lbs.), one hundred dollars ($100);
(B) Movements weighing over two hundred fifty thousand pounds (250,000 lbs.) but not more than five hundred thousand pounds (500,000 lbs.), three hundred dollars ($300); and
(C) Movements weighing over five hundred thousand pounds (500,000 lbs.), actual cost;
(5) A permit shall be available from the department of transportation on an annual basis for each specific vehicle to be used for transporting overdimensional or overweight loads, or both, except for those vehicles specifically permitted and used to transport cotton seed modules as provided in subsection (b), overdimensional boats used for noncommercial purposes as provided in subdivision (h)(6), mobile homes as provided in § 55-4-406 , and towing vehicles used to transport wrecked, disabled, or abandoned vehicles under a towing permit as provided in subdivision (n)(5), as follows: (A) For vehicles transporting loads up to but not exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or twelve feet six inches (12'6") in width, one hundred dollars ($100); provided, however, that vehicles transporting loads up to but not exceeding thirteen feet six inches (13'6") in width may obtain an annual permit upon the condition that such overwidth movements shall be accompanied by an escort vehicle as required in the rules and regulations promulgated by the commissioner in accordance with this section; (B) For vehicles transporting loads with excess weights up to but not exceeding one hundred thousand pounds (100,000 lbs.), seven hundred fifty dollars ($750); (C) For vehicles transporting loads with excess weights over one hundred thousand pounds (100,000 lbs.) but not exceeding one hundred twenty thousand pounds (120,000 lbs.), one thousand five hundred dollars ($1,500); (D) For vehicles transporting loads with excess weights over one hundred twenty thousand pounds (120,000 lbs.) but not exceeding one hundred forty thousand pounds (140,000 lbs.), two thousand two hundred fifty dollars ($2,250); (E) For vehicles transporting loads with excess weights over one hundred forty thousand pounds (140,000 lbs.) but not exceeding one hundred fifty-five thousand pounds (155,000 lbs.), three thousand dollars ($3,000); (F) For vehicles transporting loads over one hundred fifty-five thousand pounds (155,000 lbs.) but not exceeding one hundred sixty-five thousand pounds (165,000 lbs.), three thousand five hundred dollars ($3,500); (G) Vehicles transporting loads that are both overdimensional and overweight shall be charged a separate annual fee for both overdimensional loads and overweight loads as provided in subdivisions (h)(5)(A)-(F); (H) No annual permit shall be available for any vehicle transporting loads with weights exceeding one hundred sixty-five thousand pounds (165,000 lbs.) or dimensions exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or thirteen feet six inches (13'6") in width, and any such vehicle shall be required to obtain a special permit for the fee or fees otherwise established in subdivisions (h)(1)-(4) for a vehicle movement with excessive width, height, length, or weight; provided, however, that a vehicle holding an annual permit for excessive weight under subdivisions (h)(5)(B)-(F) may supplement that annual permit by obtaining a single trip permit allowing for the movement of a load with excessive width, height, or length not previously covered by an annual permit under this subdivision (h)(5); and (I) Notwithstanding any vehicle movement authorized under an annual permit as provided in this subdivision (h)(5), no such vehicle shall be authorized to exceed any vehicle weight limit or limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway; and
(A) For vehicles transporting loads up to but not exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or twelve feet six inches (12'6") in width, one hundred dollars ($100); provided, however, that vehicles transporting loads up to but not exceeding thirteen feet six inches (13'6") in width may obtain an annual permit upon the condition that such overwidth movements shall be accompanied by an escort vehicle as required in the rules and regulations promulgated by the commissioner in accordance with this section;
(B) For vehicles transporting loads with excess weights up to but not exceeding one hundred thousand pounds (100,000 lbs.), seven hundred fifty dollars ($750);
(C) For vehicles transporting loads with excess weights over one hundred thousand pounds (100,000 lbs.) but not exceeding one hundred twenty thousand pounds (120,000 lbs.), one thousand five hundred dollars ($1,500);
(D) For vehicles transporting loads with excess weights over one hundred twenty thousand pounds (120,000 lbs.) but not exceeding one hundred forty thousand pounds (140,000 lbs.), two thousand two hundred fifty dollars ($2,250);
(E) For vehicles transporting loads with excess weights over one hundred forty thousand pounds (140,000 lbs.) but not exceeding one hundred fifty-five thousand pounds (155,000 lbs.), three thousand dollars ($3,000);
(F) For vehicles transporting loads over one hundred fifty-five thousand pounds (155,000 lbs.) but not exceeding one hundred sixty-five thousand pounds (165,000 lbs.), three thousand five hundred dollars ($3,500);
(G) Vehicles transporting loads that are both overdimensional and overweight shall be charged a separate annual fee for both overdimensional loads and overweight loads as provided in subdivisions (h)(5)(A)-(F);
(H) No annual permit shall be available for any vehicle transporting loads with weights exceeding one hundred sixty-five thousand pounds (165,000 lbs.) or dimensions exceeding thirteen feet ten inches (13'10") in height, ninety feet (90') in length, or thirteen feet six inches (13'6") in width, and any such vehicle shall be required to obtain a special permit for the fee or fees otherwise established in subdivisions (h)(1)-(4) for a vehicle movement with excessive width, height, length, or weight; provided, however, that a vehicle holding an annual permit for excessive weight under subdivisions (h)(5)(B)-(F) may supplement that annual permit by obtaining a single trip permit allowing for the movement of a load with excessive width, height, or length not previously covered by an annual permit under this subdivision (h)(5); and
(I) Notwithstanding any vehicle movement authorized under an annual permit as provided in this subdivision (h)(5), no such vehicle shall be authorized to exceed any vehicle weight limit or limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway; and
(6) A permit shall be available from the department on an annual basis for individual owners of overdimensional boats used strictly for noncommercial pleasure purposes for double the amount of the regular fee described in subdivisions (h)(1) and (2).
(i) The authority issuing the permits has the right to revoke the permits at any time in the event that in the use of the permit the holder of a permit abuses the privilege given thereby, or otherwise makes wrongful use of the permit. The authorized county authorities (as well as the commissioner) may issue permits, but always consistently with rules and regulations, prescribed by the commissioner, for movements over any and all roads, except city streets, within the limits of the county for which they are acting.
(j) A violation of a material provision of a special permit shall render it void.
(k) Any statute, resolution or ordinance to the contrary notwithstanding, the authority of any county or city agency to issue permits is limited with respect to maximums for weight and dimensions to the maximums therefor approved by the commissioner.
(l) (1) Except as otherwise specifically set forth in this section, a special permit issued for movements of an overweight or overdimensional motor vehicle pursuant to subsection (a) shall allow for continuous movement twenty-four (24) hours a day, seven (7) days a week, and shall be valid for ten (10) calendar days for each single trip, except as provided in subdivision ( l )(2). (2) A special permit issued by the commissioner for movements described in subsection (a): (A) Shall not allow movement of vehicles exceeding twelve feet six inches (12'6") in width, fifteen feet (15') in height, or ninety feet (90') in length on the interstate system of highways between the hours of seven o'clock a.m. (7:00 a.m.) to nine o'clock a.m. (9:00 a.m.) and four o'clock p.m. (4:00 p.m.) to six o'clock p.m. (6:00 p.m.) from Monday through Friday in counties having a population exceeding two hundred fifty thousand (250,000), according to the 2010 federal census or any subsequent federal census; (B) May be subject to restrictions on movements during periods of heavy traffic volume associated with certain holidays, as follows: (i) Easter: After six o'clock p.m. (6:00 p.m.) on the Thursday preceding Good Friday through and including Easter Sunday; (ii) Memorial Day: After twelve o'clock (12:00) noon on the preceding Friday through Memorial Day; (iii) Independence Day: July 3 and July 4; provided, that if July 4 is a Friday, Saturday, Monday, or Tuesday, the weekend day or days immediately following or preceding July 4, as applicable, may also be restricted; (iv) Labor Day: After twelve o'clock (12:00) noon on the preceding Friday through Labor Day; (v) Thanksgiving: After twelve o'clock (12:00) noon on the Wednesday before Thanksgiving through Sunday following Thanksgiving; and (vi) Christmas/New Year's Day: December 24 through January 1; provided, that if December 24 is a Sunday or Monday, the weekend day or days immediately preceding December 24 may also be restricted; provided further, that if January 1 is a Friday or Saturday, the weekend day or days immediately following January 1 may also be restricted; (C) May be subject to route restrictions based on conditions of the roadway or bridges and the weight or dimensions of the load; (D) May be subject to restrictions on time of movement during inclement weather or weather-related emergencies when conditions prevail that could make movement unsafe; and (E) For super heavy or extra-overdimensional loads exceeding one hundred sixty-five thousand pounds (165,000 lbs.), sixteen feet (16') in width, or fifteen feet six inches (15'6") in height, the time of movement may be restricted based on conditions of the road, traffic volumes, or other conditions affecting public safety and convenience as the commissioner may determine. (3) This subsection ( l ) does not apply to special permits issued for movements of: (A) Mobile homes as defined in § 55-4-402 ; (B) Site-built houses; (C) Houseboats; or (D) Towing vehicles engaged in emergency towing movements in accordance with subsection (n).
(1) Except as otherwise specifically set forth in this section, a special permit issued for movements of an overweight or overdimensional motor vehicle pursuant to subsection (a) shall allow for continuous movement twenty-four (24) hours a day, seven (7) days a week, and shall be valid for ten (10) calendar days for each single trip, except as provided in subdivision ( l )(2).
(2) A special permit issued by the commissioner for movements described in subsection (a): (A) Shall not allow movement of vehicles exceeding twelve feet six inches (12'6") in width, fifteen feet (15') in height, or ninety feet (90') in length on the interstate system of highways between the hours of seven o'clock a.m. (7:00 a.m.) to nine o'clock a.m. (9:00 a.m.) and four o'clock p.m. (4:00 p.m.) to six o'clock p.m. (6:00 p.m.) from Monday through Friday in counties having a population exceeding two hundred fifty thousand (250,000), according to the 2010 federal census or any subsequent federal census; (B) May be subject to restrictions on movements during periods of heavy traffic volume associated with certain holidays, as follows: (i) Easter: After six o'clock p.m. (6:00 p.m.) on the Thursday preceding Good Friday through and including Easter Sunday; (ii) Memorial Day: After twelve o'clock (12:00) noon on the preceding Friday through Memorial Day; (iii) Independence Day: July 3 and July 4; provided, that if July 4 is a Friday, Saturday, Monday, or Tuesday, the weekend day or days immediately following or preceding July 4, as applicable, may also be restricted; (iv) Labor Day: After twelve o'clock (12:00) noon on the preceding Friday through Labor Day; (v) Thanksgiving: After twelve o'clock (12:00) noon on the Wednesday before Thanksgiving through Sunday following Thanksgiving; and (vi) Christmas/New Year's Day: December 24 through January 1; provided, that if December 24 is a Sunday or Monday, the weekend day or days immediately preceding December 24 may also be restricted; provided further, that if January 1 is a Friday or Saturday, the weekend day or days immediately following January 1 may also be restricted; (C) May be subject to route restrictions based on conditions of the roadway or bridges and the weight or dimensions of the load; (D) May be subject to restrictions on time of movement during inclement weather or weather-related emergencies when conditions prevail that could make movement unsafe; and (E) For super heavy or extra-overdimensional loads exceeding one hundred sixty-five thousand pounds (165,000 lbs.), sixteen feet (16') in width, or fifteen feet six inches (15'6") in height, the time of movement may be restricted based on conditions of the road, traffic volumes, or other conditions affecting public safety and convenience as the commissioner may determine.
(A) Shall not allow movement of vehicles exceeding twelve feet six inches (12'6") in width, fifteen feet (15') in height, or ninety feet (90') in length on the interstate system of highways between the hours of seven o'clock a.m. (7:00 a.m.) to nine o'clock a.m. (9:00 a.m.) and four o'clock p.m. (4:00 p.m.) to six o'clock p.m. (6:00 p.m.) from Monday through Friday in counties having a population exceeding two hundred fifty thousand (250,000), according to the 2010 federal census or any subsequent federal census;
(B) May be subject to restrictions on movements during periods of heavy traffic volume associated with certain holidays, as follows: (i) Easter: After six o'clock p.m. (6:00 p.m.) on the Thursday preceding Good Friday through and including Easter Sunday; (ii) Memorial Day: After twelve o'clock (12:00) noon on the preceding Friday through Memorial Day; (iii) Independence Day: July 3 and July 4; provided, that if July 4 is a Friday, Saturday, Monday, or Tuesday, the weekend day or days immediately following or preceding July 4, as applicable, may also be restricted; (iv) Labor Day: After twelve o'clock (12:00) noon on the preceding Friday through Labor Day; (v) Thanksgiving: After twelve o'clock (12:00) noon on the Wednesday before Thanksgiving through Sunday following Thanksgiving; and (vi) Christmas/New Year's Day: December 24 through January 1; provided, that if December 24 is a Sunday or Monday, the weekend day or days immediately preceding December 24 may also be restricted; provided further, that if January 1 is a Friday or Saturday, the weekend day or days immediately following January 1 may also be restricted;
(i) Easter: After six o'clock p.m. (6:00 p.m.) on the Thursday preceding Good Friday through and including Easter Sunday;
(ii) Memorial Day: After twelve o'clock (12:00) noon on the preceding Friday through Memorial Day;
(iii) Independence Day: July 3 and July 4; provided, that if July 4 is a Friday, Saturday, Monday, or Tuesday, the weekend day or days immediately following or preceding July 4, as applicable, may also be restricted;
(iv) Labor Day: After twelve o'clock (12:00) noon on the preceding Friday through Labor Day;
(v) Thanksgiving: After twelve o'clock (12:00) noon on the Wednesday before Thanksgiving through Sunday following Thanksgiving; and
(vi) Christmas/New Year's Day: December 24 through January 1; provided, that if December 24 is a Sunday or Monday, the weekend day or days immediately preceding December 24 may also be restricted; provided further, that if January 1 is a Friday or Saturday, the weekend day or days immediately following January 1 may also be restricted;
(C) May be subject to route restrictions based on conditions of the roadway or bridges and the weight or dimensions of the load;
(D) May be subject to restrictions on time of movement during inclement weather or weather-related emergencies when conditions prevail that could make movement unsafe; and
(E) For super heavy or extra-overdimensional loads exceeding one hundred sixty-five thousand pounds (165,000 lbs.), sixteen feet (16') in width, or fifteen feet six inches (15'6") in height, the time of movement may be restricted based on conditions of the road, traffic volumes, or other conditions affecting public safety and convenience as the commissioner may determine.
(3) This subsection ( l ) does not apply to special permits issued for movements of: (A) Mobile homes as defined in § 55-4-402 ; (B) Site-built houses; (C) Houseboats; or (D) Towing vehicles engaged in emergency towing movements in accordance with subsection (n).
(A) Mobile homes as defined in § 55-4-402 ;
(B) Site-built houses;
(C) Houseboats; or
(D) Towing vehicles engaged in emergency towing movements in accordance with subsection (n).
(m) For any motor vehicle issued a special permit pursuant to subsection (a) that has a truck-tractor and semitrailer combination carrying a load in excess of width or length limitations, the load shall be marked as follows for movements between one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise: (1) On each side of the projecting load, one (1) red side marker lamp, visible from the side, located so as to indicate maximum overhang; and (2) On the rear of the projecting load: (A) Two (2) red lamps, visible from the rear, one (1) at each side; and (B) Two (2) red reflectors, visible from the rear, one (1) at each side, located so as to indicate maximum width.
(1) On each side of the projecting load, one (1) red side marker lamp, visible from the side, located so as to indicate maximum overhang; and
(2) On the rear of the projecting load: (A) Two (2) red lamps, visible from the rear, one (1) at each side; and (B) Two (2) red reflectors, visible from the rear, one (1) at each side, located so as to indicate maximum width.
(A) Two (2) red lamps, visible from the rear, one (1) at each side; and
(B) Two (2) red reflectors, visible from the rear, one (1) at each side, located so as to indicate maximum width.
(n) (1) Notwithstanding this section to the contrary, the commissioner of transportation is authorized to issue a special permit allowing a towing vehicle to transport wrecked, disabled, or abandoned vehicles on the state highway system, including the interstate highway system, when the towing vehicle, or the towing vehicle and towed vehicle in combination, exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b) , the maximum vehicle height or width allowed under § 55-7-202 , or the maximum vehicle lengths allowed under § 55-7-201 . (2) For purposes of this subsection (n): (A) "Emergency towing movement" means the towing of a wrecked, disabled, or abandoned vehicle from a location within or adjacent to the traffic lanes or shoulders of a highway to the nearest exit or repair or terminal facility within one hundred (100) miles from the location of the wreck, disablement, or abandonment along the highway; (B) "Secondary towing movement" means any towing movement other than an emergency towing movement; and (C) "Towing vehicle" means a vehicle used to tow wrecked, disabled, or abandoned vehicles. (3) When transporting a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise. (4) No towing vehicle or combination of towing vehicle and towed vehicle shall be authorized to exceed any total gross vehicle weight limits or axle weight limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway. (5) The commissioner may issue a single trip permit or an annual permit for the movement of a towing vehicle that by itself or in combination with a towed vehicle exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b) , the maximum vehicle height or width allowed under § 55-7-202 , or the maximum vehicle lengths allowed under § 55-7-201 , subject to the following conditions: (A) When not towing a wrecked, disabled, or abandoned vehicle, the towing vehicle shall not exceed thirteen feet six inches (13'6") in height, nine feet (9') in width, or forty-five feet (45') in length. The maximum gross vehicle weight of the towing vehicle shall not exceed eighty-five thousand pounds (85,000 lbs.). The total weight on any single axle shall not exceed twenty-three thousand pounds (23,000 lbs.); the total weight on any tandem axle group shall not exceed forty-six thousand pounds (46,000 lbs.); and the total weight on any tridem axle group shall not exceed sixty thousand pounds (60,000 lbs.); (B) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall not exceed thirteen feet ten inches (13'10") in height; twelve feet six inches (12'6") in width; or ninety feet (90') in length if the movement is a secondary towing movement that is not exempt from length restrictions under § 55-7-201(h) . These size limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(B)(ii); and (ii) A towing movement exceeding the size limits set in subdivision (n)(5)(B)(i), but not exceeding fifteen feet (15') in height or sixteen feet (16') in width, may be permitted under a single trip permit in accordance with the rules of the department of transportation if the movement is accompanied by an escort vehicle or escort vehicles. For the purpose of complying with this escort vehicle requirement, the towing vehicle itself may substitute for a front escort vehicle so long as the towing vehicle is operating with flashing amber lights displayed to the front of the vehicle; (C) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of the towing vehicle and towed vehicle shall not exceed one hundred sixty-five thousand pounds (165,000 lbs.) in total gross vehicle weight. The total weight on any single axle not in a tandem or tridem axle group shall not exceed twenty-five thousand pounds (25,000 lbs.); the total weight on any tandem axle group shall not exceed fifty thousand pounds (50,000 lbs.); and the total weight on any tridem axle group shall not exceed seventy-five thousand pounds (75,000 lbs.). These weight limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(C)(ii); and (ii) A secondary towing movement exceeding the combined gross vehicle weight of one hundred sixty-five thousand pounds (165,000 lbs.), but not exceeding the maximum axle weight limits established in subdivision (n)(5)(C)(i), may be permitted under a single trip permit in accordance with the rules of the department of transportation, subject to the additional fees and charges provided in subdivision (n)(5)(E); (D) The single trip permit or annual permit issued pursuant to this subdivision (n)(5) shall be issued to each specific towing vehicle that is engaged in the towing of wrecked, disabled, or abandoned vehicles; and (E) (i) The cost of a single trip permit shall be in accordance with the fees established in subdivisions (h)(1)-(3) for overdimensional and overweight permits; provided, however, that if the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.), the cost of the permit shall also include the additional fee of twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4); and (ii) The cost of an annual towing permit issued pursuant to this subdivision (n)(5) shall be five hundred dollars ($500). No annual permit shall be available for any towing movement where the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.); provided, however, that a towing vehicle holding an annual permit may supplement that annual permit by obtaining a single trip permit allowing for the movement of additional excessive weight at the cost of twenty dollars ($20.00) plus twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4). (6) A towing vehicle with a valid permit under subdivision (n)(5) may be authorized to undertake an emergency towing movement where the combination of the towing vehicle and the towed vehicle exceeds the height, width, or weight limits established in subdivision (n)(5) if the department of transportation, the department of safety, or a local traffic law enforcement agency requests the assistance of the towing vehicle to remove a wrecked, disabled, or abandoned vehicle from the highway. In such case, the wrecked, disabled, or abandoned vehicle shall be towed only to the nearest rest area, weigh station, truck parking area, or other safe location away from the highway traffic lanes and shoulders as designated by the agency requesting the assistance. The department of transportation may require a bridge evaluation pursuant to subdivision (h)(4) and may impose route restrictions based on the condition of the roadway and bridges.
(1) Notwithstanding this section to the contrary, the commissioner of transportation is authorized to issue a special permit allowing a towing vehicle to transport wrecked, disabled, or abandoned vehicles on the state highway system, including the interstate highway system, when the towing vehicle, or the towing vehicle and towed vehicle in combination, exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b) , the maximum vehicle height or width allowed under § 55-7-202 , or the maximum vehicle lengths allowed under § 55-7-201 .
(2) For purposes of this subsection (n): (A) "Emergency towing movement" means the towing of a wrecked, disabled, or abandoned vehicle from a location within or adjacent to the traffic lanes or shoulders of a highway to the nearest exit or repair or terminal facility within one hundred (100) miles from the location of the wreck, disablement, or abandonment along the highway; (B) "Secondary towing movement" means any towing movement other than an emergency towing movement; and (C) "Towing vehicle" means a vehicle used to tow wrecked, disabled, or abandoned vehicles.
(A) "Emergency towing movement" means the towing of a wrecked, disabled, or abandoned vehicle from a location within or adjacent to the traffic lanes or shoulders of a highway to the nearest exit or repair or terminal facility within one hundred (100) miles from the location of the wreck, disablement, or abandonment along the highway;
(B) "Secondary towing movement" means any towing movement other than an emergency towing movement; and
(C) "Towing vehicle" means a vehicle used to tow wrecked, disabled, or abandoned vehicles.
(3) When transporting a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall be considered a nondivisible load that cannot be reasonably dismantled or conveniently transported otherwise.
(4) No towing vehicle or combination of towing vehicle and towed vehicle shall be authorized to exceed any total gross vehicle weight limits or axle weight limits posted on any bridge or highway by the public official having jurisdiction over such bridge or highway.
(5) The commissioner may issue a single trip permit or an annual permit for the movement of a towing vehicle that by itself or in combination with a towed vehicle exceeds the maximum vehicle or axle weights allowed under § 55-7-203(b) , the maximum vehicle height or width allowed under § 55-7-202 , or the maximum vehicle lengths allowed under § 55-7-201 , subject to the following conditions: (A) When not towing a wrecked, disabled, or abandoned vehicle, the towing vehicle shall not exceed thirteen feet six inches (13'6") in height, nine feet (9') in width, or forty-five feet (45') in length. The maximum gross vehicle weight of the towing vehicle shall not exceed eighty-five thousand pounds (85,000 lbs.). The total weight on any single axle shall not exceed twenty-three thousand pounds (23,000 lbs.); the total weight on any tandem axle group shall not exceed forty-six thousand pounds (46,000 lbs.); and the total weight on any tridem axle group shall not exceed sixty thousand pounds (60,000 lbs.); (B) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall not exceed thirteen feet ten inches (13'10") in height; twelve feet six inches (12'6") in width; or ninety feet (90') in length if the movement is a secondary towing movement that is not exempt from length restrictions under § 55-7-201(h) . These size limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(B)(ii); and (ii) A towing movement exceeding the size limits set in subdivision (n)(5)(B)(i), but not exceeding fifteen feet (15') in height or sixteen feet (16') in width, may be permitted under a single trip permit in accordance with the rules of the department of transportation if the movement is accompanied by an escort vehicle or escort vehicles. For the purpose of complying with this escort vehicle requirement, the towing vehicle itself may substitute for a front escort vehicle so long as the towing vehicle is operating with flashing amber lights displayed to the front of the vehicle; (C) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of the towing vehicle and towed vehicle shall not exceed one hundred sixty-five thousand pounds (165,000 lbs.) in total gross vehicle weight. The total weight on any single axle not in a tandem or tridem axle group shall not exceed twenty-five thousand pounds (25,000 lbs.); the total weight on any tandem axle group shall not exceed fifty thousand pounds (50,000 lbs.); and the total weight on any tridem axle group shall not exceed seventy-five thousand pounds (75,000 lbs.). These weight limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(C)(ii); and (ii) A secondary towing movement exceeding the combined gross vehicle weight of one hundred sixty-five thousand pounds (165,000 lbs.), but not exceeding the maximum axle weight limits established in subdivision (n)(5)(C)(i), may be permitted under a single trip permit in accordance with the rules of the department of transportation, subject to the additional fees and charges provided in subdivision (n)(5)(E); (D) The single trip permit or annual permit issued pursuant to this subdivision (n)(5) shall be issued to each specific towing vehicle that is engaged in the towing of wrecked, disabled, or abandoned vehicles; and (E) (i) The cost of a single trip permit shall be in accordance with the fees established in subdivisions (h)(1)-(3) for overdimensional and overweight permits; provided, however, that if the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.), the cost of the permit shall also include the additional fee of twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4); and (ii) The cost of an annual towing permit issued pursuant to this subdivision (n)(5) shall be five hundred dollars ($500). No annual permit shall be available for any towing movement where the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.); provided, however, that a towing vehicle holding an annual permit may supplement that annual permit by obtaining a single trip permit allowing for the movement of additional excessive weight at the cost of twenty dollars ($20.00) plus twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4).
(A) When not towing a wrecked, disabled, or abandoned vehicle, the towing vehicle shall not exceed thirteen feet six inches (13'6") in height, nine feet (9') in width, or forty-five feet (45') in length. The maximum gross vehicle weight of the towing vehicle shall not exceed eighty-five thousand pounds (85,000 lbs.). The total weight on any single axle shall not exceed twenty-three thousand pounds (23,000 lbs.); the total weight on any tandem axle group shall not exceed forty-six thousand pounds (46,000 lbs.); and the total weight on any tridem axle group shall not exceed sixty thousand pounds (60,000 lbs.);
(B) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall not exceed thirteen feet ten inches (13'10") in height; twelve feet six inches (12'6") in width; or ninety feet (90') in length if the movement is a secondary towing movement that is not exempt from length restrictions under § 55-7-201(h) . These size limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(B)(ii); and (ii) A towing movement exceeding the size limits set in subdivision (n)(5)(B)(i), but not exceeding fifteen feet (15') in height or sixteen feet (16') in width, may be permitted under a single trip permit in accordance with the rules of the department of transportation if the movement is accompanied by an escort vehicle or escort vehicles. For the purpose of complying with this escort vehicle requirement, the towing vehicle itself may substitute for a front escort vehicle so long as the towing vehicle is operating with flashing amber lights displayed to the front of the vehicle;
(i) When towing a wrecked, disabled, or abandoned vehicle, the combination of towing vehicle and towed vehicle shall not exceed thirteen feet ten inches (13'10") in height; twelve feet six inches (12'6") in width; or ninety feet (90') in length if the movement is a secondary towing movement that is not exempt from length restrictions under § 55-7-201(h) . These size limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(B)(ii); and
(ii) A towing movement exceeding the size limits set in subdivision (n)(5)(B)(i), but not exceeding fifteen feet (15') in height or sixteen feet (16') in width, may be permitted under a single trip permit in accordance with the rules of the department of transportation if the movement is accompanied by an escort vehicle or escort vehicles. For the purpose of complying with this escort vehicle requirement, the towing vehicle itself may substitute for a front escort vehicle so long as the towing vehicle is operating with flashing amber lights displayed to the front of the vehicle;
(C) (i) When towing a wrecked, disabled, or abandoned vehicle, the combination of the towing vehicle and towed vehicle shall not exceed one hundred sixty-five thousand pounds (165,000 lbs.) in total gross vehicle weight. The total weight on any single axle not in a tandem or tridem axle group shall not exceed twenty-five thousand pounds (25,000 lbs.); the total weight on any tandem axle group shall not exceed fifty thousand pounds (50,000 lbs.); and the total weight on any tridem axle group shall not exceed seventy-five thousand pounds (75,000 lbs.). These weight limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(C)(ii); and (ii) A secondary towing movement exceeding the combined gross vehicle weight of one hundred sixty-five thousand pounds (165,000 lbs.), but not exceeding the maximum axle weight limits established in subdivision (n)(5)(C)(i), may be permitted under a single trip permit in accordance with the rules of the department of transportation, subject to the additional fees and charges provided in subdivision (n)(5)(E);
(i) When towing a wrecked, disabled, or abandoned vehicle, the combination of the towing vehicle and towed vehicle shall not exceed one hundred sixty-five thousand pounds (165,000 lbs.) in total gross vehicle weight. The total weight on any single axle not in a tandem or tridem axle group shall not exceed twenty-five thousand pounds (25,000 lbs.); the total weight on any tandem axle group shall not exceed fifty thousand pounds (50,000 lbs.); and the total weight on any tridem axle group shall not exceed seventy-five thousand pounds (75,000 lbs.). These weight limits shall apply to all annual permits and to single trip permits except as provided in subdivision (n)(5)(C)(ii); and
(ii) A secondary towing movement exceeding the combined gross vehicle weight of one hundred sixty-five thousand pounds (165,000 lbs.), but not exceeding the maximum axle weight limits established in subdivision (n)(5)(C)(i), may be permitted under a single trip permit in accordance with the rules of the department of transportation, subject to the additional fees and charges provided in subdivision (n)(5)(E);
(D) The single trip permit or annual permit issued pursuant to this subdivision (n)(5) shall be issued to each specific towing vehicle that is engaged in the towing of wrecked, disabled, or abandoned vehicles; and
(E) (i) The cost of a single trip permit shall be in accordance with the fees established in subdivisions (h)(1)-(3) for overdimensional and overweight permits; provided, however, that if the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.), the cost of the permit shall also include the additional fee of twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4); and (ii) The cost of an annual towing permit issued pursuant to this subdivision (n)(5) shall be five hundred dollars ($500). No annual permit shall be available for any towing movement where the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.); provided, however, that a towing vehicle holding an annual permit may supplement that annual permit by obtaining a single trip permit allowing for the movement of additional excessive weight at the cost of twenty dollars ($20.00) plus twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4).
(i) The cost of a single trip permit shall be in accordance with the fees established in subdivisions (h)(1)-(3) for overdimensional and overweight permits; provided, however, that if the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.), the cost of the permit shall also include the additional fee of twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4); and
(ii) The cost of an annual towing permit issued pursuant to this subdivision (n)(5) shall be five hundred dollars ($500). No annual permit shall be available for any towing movement where the combined weight of the towing vehicle and towed vehicle exceeds one hundred sixty-five thousand pounds (165,000 lbs.); provided, however, that a towing vehicle holding an annual permit may supplement that annual permit by obtaining a single trip permit allowing for the movement of additional excessive weight at the cost of twenty dollars ($20.00) plus twelve cents (12¢) per ton-mile for all weight in excess of one hundred sixty-five thousand pounds (165,000 lbs.) together with the applicable charge for evaluating bridges and other structures as provided in subdivision (h)(4).
(6) A towing vehicle with a valid permit under subdivision (n)(5) may be authorized to undertake an emergency towing movement where the combination of the towing vehicle and the towed vehicle exceeds the height, width, or weight limits established in subdivision (n)(5) if the department of transportation, the department of safety, or a local traffic law enforcement agency requests the assistance of the towing vehicle to remove a wrecked, disabled, or abandoned vehicle from the highway. In such case, the wrecked, disabled, or abandoned vehicle shall be towed only to the nearest rest area, weigh station, truck parking area, or other safe location away from the highway traffic lanes and shoulders as designated by the agency requesting the assistance. The department of transportation may require a bridge evaluation pursuant to subdivision (h)(4) and may impose route restrictions based on the condition of the roadway and bridges.
(o) Notwithstanding this section, chapter 4, part 4 of this title, or any other law or regulation to the contrary, the movement of any mobile home not exceeding fourteen feet (14') in width shall not be required to have more than one (1) escort vehicle to follow the movement, or any escort vehicle to precede the movement, on the interstate highway system or highways with four (4) or more lanes, and such movement shall not be required to have more than one (1) escort vehicle to precede the movement, or any escort vehicle to follow the movement, on two-lane highways.
(p) Notwithstanding subsections (e)-(g) or any other law to the contrary, an applicant for the issuance or renewal of a special permit for the movement of an oversize motor vehicle, or trailer or semitrailer, whose height, including the load, may exceed the limits prescribed in § 55-7-202 is not required, as a condition for the issuance or renewal of the permit, to complete or submit a route survey of the proposed route of travel unless the height of the vehicle and load exceeds fifteen feet six inches (15'6").
Amended by 2019 Tenn. Acts, ch. 276, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 252, s 1, eff. 5/2/2019.
Amended by 2018 Tenn. Acts, ch. 994, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 477, Secs.s 3, s 4, s 5, s 6, s 7 eff. 6/6/2017.
Amended by 2017 Tenn. Acts, ch. 156, s 1, eff. 4/17/2017.
Amended by 2016 Tenn. Acts, ch. 1012, s 3, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 1012, s 2, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 760, s 1, eff. 4/19/2016.
Amended by 2015 Tenn. Acts, ch. 393, s 3, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 393, s 2, eff. 7/1/2015.
Acts 1933, ch. 35, § 8; 1939, ch. 105, § 7; 1941, ch. 84, § 4; 1945, ch. 164, § 4; mod. C. Supp. 1950, § 2715.4 (Williams, §§ 1166.34, 2715.8); Acts 1953, ch. 7, § 1; impl. am. Acts 1959, ch. 9, § 3; Acts 1976, ch. 592, §§ 1-5; 1977, ch. 96, § 1; 1977, ch. 195, § 1; T.C.A. (orig. ed.), § 59-1111; Acts 1981, ch. 40, § 1; 1981, ch. 448, §§ 7, 10; 1981, ch. 535, §§ 6, 7, 8; 1982, ch. 953, §§ 2, 4, 5; 1983, ch. 319, § 7; 1986, ch. 855, § 2; 1988, ch. 622, §§ 1, 2; T.C.A., § 55-11-205; Acts 1989, ch. 518, § 1; 1989, ch. 591, §§ 1, 6; 1991, ch. 226, § 2; 2000, ch. 669, § 2; 2000, ch. 962, § 2; 2001, ch. 254, § 1; 2012 , ch. 563, § 1.
Tenn. Code Ann. § 55-10-419 — TN Code / Title 55 / Chapter 10 / Section 55-10-419
Electronic monitoring indigency fund - Account for ignition interlock devices - Account for other monitoring devices - Responsibility for costs to comply with ignition interlock requirements - Indigency
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Alternative device" means a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device; (2) "Eligible costs" means the costs paid from the fund that are associated with: (A) The lease, purchase, installation, removal, and maintenance of a functioning ignition interlock device or with any other cost or fee associated with a functioning ignition interlock device required in accordance with § 40-11-118(d)(1)(B) , § 55-10-401 , § 55-10-409(b)(2) , § 55-10-409(d)(2) , § 55-10-417(a)(1) , § 55-10-417(k) , and other applicable law for a person determined by the court to be indigent; or (B) The use, monitoring, and maintenance of an alternative device required pursuant to § 40-11-118(d)(2) , § 40-11-152 , § 55-10-402(d)(2)(A)(iii) , § 55-10-402(h)(7) , or any other applicable law for a person determined by a court to be indigent; (3) "Functioning ignition interlock device" has the same meaning as in § 55-10-411(h)(2) ; (4) "Fund" means the electronic monitoring indigency fund; (5) "Indigent" means a person who has been determined by a court to not possess sufficient means to pay for eligible costs applying the factors in subdivision (h)(4); (6) "Local government" means a county or metropolitan government; and (7) "Provider" means an ignition interlock provider, as defined in § 55-10-411(h)(3) , and a provider of an alternative device. (b) There is created in the state treasury a fund known as the electronic monitoring indigency fund. The fund is composed of the following two (2) accounts: (1) The ignition interlock device account, which must pay for eligible costs for a functioning ignition interlock device that has been ordered by a court in accordance with applicable law; and (2) The alternative device account, which must pay for eligible costs for an alternative device that has been ordered by a court in accordance with applicable law. (c) The fund must be administered as follows: (1) The money in the two (2) accounts may be commingled for investment purposes but must be accounted for separately with separate accounting for each account's principal and income; (2) The ignition interlock device account must contain state-appropriated monies and may contain a portion of the fees assessed in accordance with this section, and as provided in other applicable law. The ignition interlock device account must be funded in whole or in part from state-appropriated monies; (3) The alternative device account must contain state-appropriated monies; (4) Moneys in the fund shall not revert to the general fund of the state, but must remain available to be used as provided for in this section; (5) Interest accruing on fund deposits and investments must be credited to the fund, must not revert to the general fund, and must be carried forward into each subsequent fiscal year; (6) Moneys in the fund must be invested by the state treasurer in accordance with § 9-4-603 ; and (7) All proceeds collected pursuant to § 55-10-413(a) and § 69-9-219(c)(11) must be transmitted to the state treasurer for deposit in the fund. (d) The fund must be composed of fees assessed pursuant to §§ 55-10-413(a) and 69-9-219(c)(11) , which must be allocated as follows: (1) Thirty dollars and fifty cents ($30.50) to the fund for the purpose of paying eligible costs, and all costs and expenses incurred by the department of treasury for the administration of the fund; (2) Four dollars and fifty cents ($4.50) to the Tennessee Hospital Association for the sole purposes of making grants to hospitals that have been designated as critical access hospitals under the Medicare rural flexibility program for the purposes of purchasing medical equipment, enhancing high technology efforts, and expanding healthcare services in underserved areas; (3) One dollar and twenty-five cents ($1.25) to the department of mental health and substance abuse services to be placed in the alcohol and drug addiction treatment fund; (4) One dollar and twenty-five cents ($1.25) to the department of safety, Tennessee highway safety office, for the sole purpose of funding grant awards to local law enforcement agencies for purposes of obtaining and maintaining equipment and personnel needed in the enforcement of alcohol-related traffic offenses; (5) One dollar and twenty-five cents ($1.25) for the department of safety to be used to defray the expenses of administering this part; and (6) One dollar and twenty-five cents ($1.25) to the department of finance and administration, office of criminal justice programs, for the sole purpose of funding grant awards to halfway houses whose primary focus is to assist drug and alcohol offenders. In order for a halfway house to qualify for such grant awards it must provide: (A) No less than sixty (60) residential beds monthly with occupancy at no less than ninety-seven percent (97%) per month, or if a halfway house with nonresidential day reporting services, it shall serve no less than two hundred (200) adults monthly; (B) Safe and secure treatment facilities, and treatment to include moral recognition therapy, high school equivalency credential course work, anger management therapy, and domestic and family counseling; and (C) Transportation to and from work and mental health or medical appointments for each of its residents. (e) Annually, the state treasurer, in consultation with the commissioner of finance and administration, shall conduct an analysis to determine the solvency of the fund. The state treasurer may declare a surplus if there is a balance in excess of the amount necessary to maintain the solvency of the fund and shall report the amount of any surplus to the commissioner of finance and administration for inclusion in the annual budget document prepared pursuant to title 9, chapter 4, part 51. A surplus in the fund must be allocated as follows: (1) Fifty percent (50%) of such surplus must be transmitted to the department of mental health and substance abuse services and placed in the alcohol and drug addiction treatment fund; and (2) Fifty percent (50%) of such surplus must be used by the department of safety, Tennessee highway safety office, to provide grants to local law enforcement agencies for purposes of obtaining and maintaining equipment or personnel needed in the enforcement of alcohol-related traffic offenses. (f) The state treasurer shall manage and administer the payment of eligible costs for ignition interlock devices. A local government is not required to demonstrate its participation in the fund for the payment of eligible costs from the fund for ignition interlock devices. (g) Subject to annual appropriations, there is established a grant program to assist local governments with up to fifty percent (50%) of the payment of eligible costs for alternative devices. The department of finance and administration, office of criminal justice programs, shall develop and administer the grant program. (h) (1) Notwithstanding another law to the contrary, the eligible costs incurred in order to comply with a court order to use a functioning ignition interlock device or an alternative device must be paid by the person ordered to use the device, unless the court finds such person to be indigent. (2) If a court determines that a person is indigent, then the court shall order the person to pay a minimum of thirty dollars ($30.00) per month toward the eligible costs for a functioning interlock device or an alternative device. The remainder of the monthly eligible costs must be paid from the fund; provided, that the remaining monthly eligible costs must not exceed one hundred seventy dollars ($170) per month. (3) Whenever a person ordered to install a device asserts an inability to pay for such device, the court shall conduct a full and complete hearing to determine the person's indigency. All statements made by the person must be by written affidavit of indigency created by the administrative office of the courts and sworn to before the court. If the person intentionally misrepresents, falsifies, or withholds any information in the affidavit of indigency, then the person commits perjury as set out in § 39-16-702 . (4) When making a finding as to indigency under this section, the court shall consider: (A) The income of the person, regardless of source, including, but not limited to, governmental assistance or pensions; (B) The person's monthly expenses; (C) The number of other members of the person's household and any dependents; (D) The person's employment status and education level; (E) The person's ownership or equity in real or personal property or other assets; (F) The person's debts; (G) The amount of the appearance or appeal bond, whether the person has been able to obtain release by making bond, and, if the person obtained release by making bond, the amount of money paid and the source of the money; (H) The poverty level income guidelines compiled and published by the United States department of labor; and (I) Other circumstances presented to the court that the court finds to be relevant to the issue of indigency. (i) The department of treasury shall administer, process, and pay the claims submitted by ignition interlock providers for an indigent person's eligible costs. Each local government participating in the alternative device account shall administer, process, and pay its own claims submitted by alternative device providers for an indigent person's eligible costs. (j) Ignition interlock providers shall submit claims and invoices to the state treasurer for reimbursement from the ignition interlock device account for an indigent person with eligible costs, and providers of alternative devices shall submit claims and invoices for reimbursement to the respective local government for reimbursement from the alternative device account for an indigent person with eligible costs. Both types of claims must be submitted no later than ninety (90) calendar days after the device has been ordered by the court, and must be accompanied by the following: (1) The court order requiring the device; (2) The affidavit of indigency, and any other information considered by the court to arrive at a determination of the person's indigency; and (3) An attestation from the provider for each claim indicating that the charges contained in the claim are true and accurate and do not contain duplicate claims or charges previously submitted for reimbursement. (k) Once a claim is approved for eligibility, the provider shall submit: (1) Invoices for payment to either the state treasurer or the local government no later than one hundred eighty (180) calendar days from the date of service; (2) Amendments to documents previously submitted or new documentation in support of a claim or invoice to either the state treasurer or the local government no later than ninety (90) calendar days after the provider's receipt of the amended or new documentation; and (3) Any additional information or any additional forms requested by the state treasurer or the local government. (l) (1) Once the invoice for payment has been approved, a provider must be paid no more than a total sum of two hundred dollars ($200) per month for the eligible costs for a device, with a minimum of thirty dollars ($30.00) per month paid to the provider by the indigent defendant pursuant to subdivision (h)(2) and the remainder of the total monthly costs, which must not exceed one hundred seventy dollars ($170) per month, paid to the provider from the fund. (2) Subdivision (l)(1) does not prohibit a provider from accepting funds from other grants for which the provider may be eligible. (3) A provider shall not bill a defendant for any amount in excess of the amount the defendant is ordered by the court to pay pursuant to subdivision (h)(2). (m) The provider shall ensure that the court orders submitted to either the state treasurer or the local government do not contain handwritten changes and are submitted on a uniform court order prescribed by the administrative office of the courts. (n) If a provider filing a claim or invoice for reimbursement from the fund knowingly makes a false, fictitious, or fraudulent statement or representation, or knowingly submits false, fictitious, or fraudulent documentation or information to the state treasurer or the local government for reimbursement, then the provider may be liable under the false claims act, compiled in title 4, chapter 18. (o) If a provider is overpaid from the fund for any reason, then either the state treasurer or the local government may exercise a right of set-off against any amount due to the provider from the fund. (p) If the state treasurer determines or anticipates that there are or will be insufficient funds to pay for eligible costs from the ignition interlock account, or the local government determines or anticipates that there are or will be insufficient funds to pay for eligible costs, then the state treasurer or the local government may: (1) Stop accepting, determining eligibility for, or paying claims or invoices submitted by providers for a period of time determined by either the state treasurer or the local government; (2) Begin accepting or paying claims or invoices submitted by providers on or after the date on which the state treasurer determines that there is a sufficient amount of money in the ignition interlock account or the local government determines there is a sufficient amount of money in the alternative device account; (3) Notify providers and the administrative office of the courts of the anticipated date that provider claims and invoices will be accepted and paid from the respective accounts in the fund again; and (4) Establish an order of priority for paying claims and invoices after the period of insolvency. (q) The state treasurer is authorized to promulgate rules relative to the investment of money in the fund and the administration, processing, and payment of ignition interlock provider claims and invoices. The commissioner of finance and administration is authorized to promulgate rules relative to the grant program. (r) The state treasurer, in consultation with the department of finance and administration, shall report annually to the general assembly on the activities of the fund for the preceding fiscal year. The first report is due no later than February 1, 2024, and by each February 1 thereafter. (s) The fund is subject to examination and audit by the comptroller of the treasury. (t) Notwithstanding another law to the contrary, if a defendant fails to pay the defendant's portion of the monthly costs as required by subdivision (h)(2), then the provider may terminate monitoring services only after: (1) The provider has notified the court of the defendant's failure to pay; (2) The court has issued a warrant for the defendant's arrest; (3) The defendant has been arrested on the warrant issued pursuant to subdivision (t)(2); and (4) The court has issued an order allowing the provider to terminate monitoring services. Amended by 2023 Tenn. Acts, ch. 464, s 1, eff. 10/1/2023. Amended by 2023 Tenn. Acts, ch. 383, s 6, eff. 10/1/2023. Amended by 2023 Tenn. Acts, ch. 383, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 114, s 39, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 505, s 2, s 3, s 4, s 5, s 6 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 505, s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1046, s 5, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1046, s 7, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 577, s 1, s 2 eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 993, s 3, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 993, s 2, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 344, s 13, eff. 5/13/2013. Amended by 2013 Tenn. Acts, ch. 154, s 18, eff. 7/1/2013. Acts 2005, ch. 483, § 7; 2006, ch. 998, § 2; 2007 , ch. 374, § 2; 2010 , ch. 1020, §§ 1, 2.
(a) As used in this section, unless the context otherwise requires: (1) "Alternative device" means a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device; (2) "Eligible costs" means the costs paid from the fund that are associated with: (A) The lease, purchase, installation, removal, and maintenance of a functioning ignition interlock device or with any other cost or fee associated with a functioning ignition interlock device required in accordance with § 40-11-118(d)(1)(B) , § 55-10-401 , § 55-10-409(b)(2) , § 55-10-409(d)(2) , § 55-10-417(a)(1) , § 55-10-417(k) , and other applicable law for a person determined by the court to be indigent; or (B) The use, monitoring, and maintenance of an alternative device required pursuant to § 40-11-118(d)(2) , § 40-11-152 , § 55-10-402(d)(2)(A)(iii) , § 55-10-402(h)(7) , or any other applicable law for a person determined by a court to be indigent; (3) "Functioning ignition interlock device" has the same meaning as in § 55-10-411(h)(2) ; (4) "Fund" means the electronic monitoring indigency fund; (5) "Indigent" means a person who has been determined by a court to not possess sufficient means to pay for eligible costs applying the factors in subdivision (h)(4); (6) "Local government" means a county or metropolitan government; and (7) "Provider" means an ignition interlock provider, as defined in § 55-10-411(h)(3) , and a provider of an alternative device.
(1) "Alternative device" means a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device;
(2) "Eligible costs" means the costs paid from the fund that are associated with: (A) The lease, purchase, installation, removal, and maintenance of a functioning ignition interlock device or with any other cost or fee associated with a functioning ignition interlock device required in accordance with § 40-11-118(d)(1)(B) , § 55-10-401 , § 55-10-409(b)(2) , § 55-10-409(d)(2) , § 55-10-417(a)(1) , § 55-10-417(k) , and other applicable law for a person determined by the court to be indigent; or (B) The use, monitoring, and maintenance of an alternative device required pursuant to § 40-11-118(d)(2) , § 40-11-152 , § 55-10-402(d)(2)(A)(iii) , § 55-10-402(h)(7) , or any other applicable law for a person determined by a court to be indigent;
(A) The lease, purchase, installation, removal, and maintenance of a functioning ignition interlock device or with any other cost or fee associated with a functioning ignition interlock device required in accordance with § 40-11-118(d)(1)(B) , § 55-10-401 , § 55-10-409(b)(2) , § 55-10-409(d)(2) , § 55-10-417(a)(1) , § 55-10-417(k) , and other applicable law for a person determined by the court to be indigent; or
(B) The use, monitoring, and maintenance of an alternative device required pursuant to § 40-11-118(d)(2) , § 40-11-152 , § 55-10-402(d)(2)(A)(iii) , § 55-10-402(h)(7) , or any other applicable law for a person determined by a court to be indigent;
(3) "Functioning ignition interlock device" has the same meaning as in § 55-10-411(h)(2) ;
(4) "Fund" means the electronic monitoring indigency fund;
(5) "Indigent" means a person who has been determined by a court to not possess sufficient means to pay for eligible costs applying the factors in subdivision (h)(4);
(6) "Local government" means a county or metropolitan government; and
(7) "Provider" means an ignition interlock provider, as defined in § 55-10-411(h)(3) , and a provider of an alternative device.
(b) There is created in the state treasury a fund known as the electronic monitoring indigency fund. The fund is composed of the following two (2) accounts: (1) The ignition interlock device account, which must pay for eligible costs for a functioning ignition interlock device that has been ordered by a court in accordance with applicable law; and (2) The alternative device account, which must pay for eligible costs for an alternative device that has been ordered by a court in accordance with applicable law.
(1) The ignition interlock device account, which must pay for eligible costs for a functioning ignition interlock device that has been ordered by a court in accordance with applicable law; and
(2) The alternative device account, which must pay for eligible costs for an alternative device that has been ordered by a court in accordance with applicable law.
(c) The fund must be administered as follows: (1) The money in the two (2) accounts may be commingled for investment purposes but must be accounted for separately with separate accounting for each account's principal and income; (2) The ignition interlock device account must contain state-appropriated monies and may contain a portion of the fees assessed in accordance with this section, and as provided in other applicable law. The ignition interlock device account must be funded in whole or in part from state-appropriated monies; (3) The alternative device account must contain state-appropriated monies; (4) Moneys in the fund shall not revert to the general fund of the state, but must remain available to be used as provided for in this section; (5) Interest accruing on fund deposits and investments must be credited to the fund, must not revert to the general fund, and must be carried forward into each subsequent fiscal year; (6) Moneys in the fund must be invested by the state treasurer in accordance with § 9-4-603 ; and (7) All proceeds collected pursuant to § 55-10-413(a) and § 69-9-219(c)(11) must be transmitted to the state treasurer for deposit in the fund.
(1) The money in the two (2) accounts may be commingled for investment purposes but must be accounted for separately with separate accounting for each account's principal and income;
(2) The ignition interlock device account must contain state-appropriated monies and may contain a portion of the fees assessed in accordance with this section, and as provided in other applicable law. The ignition interlock device account must be funded in whole or in part from state-appropriated monies;
(3) The alternative device account must contain state-appropriated monies;
(4) Moneys in the fund shall not revert to the general fund of the state, but must remain available to be used as provided for in this section;
(5) Interest accruing on fund deposits and investments must be credited to the fund, must not revert to the general fund, and must be carried forward into each subsequent fiscal year;
(6) Moneys in the fund must be invested by the state treasurer in accordance with § 9-4-603 ; and
(7) All proceeds collected pursuant to § 55-10-413(a) and § 69-9-219(c)(11) must be transmitted to the state treasurer for deposit in the fund.
(d) The fund must be composed of fees assessed pursuant to §§ 55-10-413(a) and 69-9-219(c)(11) , which must be allocated as follows: (1) Thirty dollars and fifty cents ($30.50) to the fund for the purpose of paying eligible costs, and all costs and expenses incurred by the department of treasury for the administration of the fund; (2) Four dollars and fifty cents ($4.50) to the Tennessee Hospital Association for the sole purposes of making grants to hospitals that have been designated as critical access hospitals under the Medicare rural flexibility program for the purposes of purchasing medical equipment, enhancing high technology efforts, and expanding healthcare services in underserved areas; (3) One dollar and twenty-five cents ($1.25) to the department of mental health and substance abuse services to be placed in the alcohol and drug addiction treatment fund; (4) One dollar and twenty-five cents ($1.25) to the department of safety, Tennessee highway safety office, for the sole purpose of funding grant awards to local law enforcement agencies for purposes of obtaining and maintaining equipment and personnel needed in the enforcement of alcohol-related traffic offenses; (5) One dollar and twenty-five cents ($1.25) for the department of safety to be used to defray the expenses of administering this part; and (6) One dollar and twenty-five cents ($1.25) to the department of finance and administration, office of criminal justice programs, for the sole purpose of funding grant awards to halfway houses whose primary focus is to assist drug and alcohol offenders. In order for a halfway house to qualify for such grant awards it must provide: (A) No less than sixty (60) residential beds monthly with occupancy at no less than ninety-seven percent (97%) per month, or if a halfway house with nonresidential day reporting services, it shall serve no less than two hundred (200) adults monthly; (B) Safe and secure treatment facilities, and treatment to include moral recognition therapy, high school equivalency credential course work, anger management therapy, and domestic and family counseling; and (C) Transportation to and from work and mental health or medical appointments for each of its residents.
(1) Thirty dollars and fifty cents ($30.50) to the fund for the purpose of paying eligible costs, and all costs and expenses incurred by the department of treasury for the administration of the fund;
(2) Four dollars and fifty cents ($4.50) to the Tennessee Hospital Association for the sole purposes of making grants to hospitals that have been designated as critical access hospitals under the Medicare rural flexibility program for the purposes of purchasing medical equipment, enhancing high technology efforts, and expanding healthcare services in underserved areas;
(3) One dollar and twenty-five cents ($1.25) to the department of mental health and substance abuse services to be placed in the alcohol and drug addiction treatment fund;
(4) One dollar and twenty-five cents ($1.25) to the department of safety, Tennessee highway safety office, for the sole purpose of funding grant awards to local law enforcement agencies for purposes of obtaining and maintaining equipment and personnel needed in the enforcement of alcohol-related traffic offenses;
(5) One dollar and twenty-five cents ($1.25) for the department of safety to be used to defray the expenses of administering this part; and
(6) One dollar and twenty-five cents ($1.25) to the department of finance and administration, office of criminal justice programs, for the sole purpose of funding grant awards to halfway houses whose primary focus is to assist drug and alcohol offenders. In order for a halfway house to qualify for such grant awards it must provide: (A) No less than sixty (60) residential beds monthly with occupancy at no less than ninety-seven percent (97%) per month, or if a halfway house with nonresidential day reporting services, it shall serve no less than two hundred (200) adults monthly; (B) Safe and secure treatment facilities, and treatment to include moral recognition therapy, high school equivalency credential course work, anger management therapy, and domestic and family counseling; and (C) Transportation to and from work and mental health or medical appointments for each of its residents.
(A) No less than sixty (60) residential beds monthly with occupancy at no less than ninety-seven percent (97%) per month, or if a halfway house with nonresidential day reporting services, it shall serve no less than two hundred (200) adults monthly;
(B) Safe and secure treatment facilities, and treatment to include moral recognition therapy, high school equivalency credential course work, anger management therapy, and domestic and family counseling; and
(C) Transportation to and from work and mental health or medical appointments for each of its residents.
(e) Annually, the state treasurer, in consultation with the commissioner of finance and administration, shall conduct an analysis to determine the solvency of the fund. The state treasurer may declare a surplus if there is a balance in excess of the amount necessary to maintain the solvency of the fund and shall report the amount of any surplus to the commissioner of finance and administration for inclusion in the annual budget document prepared pursuant to title 9, chapter 4, part 51. A surplus in the fund must be allocated as follows: (1) Fifty percent (50%) of such surplus must be transmitted to the department of mental health and substance abuse services and placed in the alcohol and drug addiction treatment fund; and (2) Fifty percent (50%) of such surplus must be used by the department of safety, Tennessee highway safety office, to provide grants to local law enforcement agencies for purposes of obtaining and maintaining equipment or personnel needed in the enforcement of alcohol-related traffic offenses.
(1) Fifty percent (50%) of such surplus must be transmitted to the department of mental health and substance abuse services and placed in the alcohol and drug addiction treatment fund; and
(2) Fifty percent (50%) of such surplus must be used by the department of safety, Tennessee highway safety office, to provide grants to local law enforcement agencies for purposes of obtaining and maintaining equipment or personnel needed in the enforcement of alcohol-related traffic offenses.
(f) The state treasurer shall manage and administer the payment of eligible costs for ignition interlock devices. A local government is not required to demonstrate its participation in the fund for the payment of eligible costs from the fund for ignition interlock devices.
(g) Subject to annual appropriations, there is established a grant program to assist local governments with up to fifty percent (50%) of the payment of eligible costs for alternative devices. The department of finance and administration, office of criminal justice programs, shall develop and administer the grant program.
(h) (1) Notwithstanding another law to the contrary, the eligible costs incurred in order to comply with a court order to use a functioning ignition interlock device or an alternative device must be paid by the person ordered to use the device, unless the court finds such person to be indigent. (2) If a court determines that a person is indigent, then the court shall order the person to pay a minimum of thirty dollars ($30.00) per month toward the eligible costs for a functioning interlock device or an alternative device. The remainder of the monthly eligible costs must be paid from the fund; provided, that the remaining monthly eligible costs must not exceed one hundred seventy dollars ($170) per month. (3) Whenever a person ordered to install a device asserts an inability to pay for such device, the court shall conduct a full and complete hearing to determine the person's indigency. All statements made by the person must be by written affidavit of indigency created by the administrative office of the courts and sworn to before the court. If the person intentionally misrepresents, falsifies, or withholds any information in the affidavit of indigency, then the person commits perjury as set out in § 39-16-702 . (4) When making a finding as to indigency under this section, the court shall consider: (A) The income of the person, regardless of source, including, but not limited to, governmental assistance or pensions; (B) The person's monthly expenses; (C) The number of other members of the person's household and any dependents; (D) The person's employment status and education level; (E) The person's ownership or equity in real or personal property or other assets; (F) The person's debts; (G) The amount of the appearance or appeal bond, whether the person has been able to obtain release by making bond, and, if the person obtained release by making bond, the amount of money paid and the source of the money; (H) The poverty level income guidelines compiled and published by the United States department of labor; and (I) Other circumstances presented to the court that the court finds to be relevant to the issue of indigency.
(1) Notwithstanding another law to the contrary, the eligible costs incurred in order to comply with a court order to use a functioning ignition interlock device or an alternative device must be paid by the person ordered to use the device, unless the court finds such person to be indigent.
(2) If a court determines that a person is indigent, then the court shall order the person to pay a minimum of thirty dollars ($30.00) per month toward the eligible costs for a functioning interlock device or an alternative device. The remainder of the monthly eligible costs must be paid from the fund; provided, that the remaining monthly eligible costs must not exceed one hundred seventy dollars ($170) per month.
(3) Whenever a person ordered to install a device asserts an inability to pay for such device, the court shall conduct a full and complete hearing to determine the person's indigency. All statements made by the person must be by written affidavit of indigency created by the administrative office of the courts and sworn to before the court. If the person intentionally misrepresents, falsifies, or withholds any information in the affidavit of indigency, then the person commits perjury as set out in § 39-16-702 .
(4) When making a finding as to indigency under this section, the court shall consider: (A) The income of the person, regardless of source, including, but not limited to, governmental assistance or pensions; (B) The person's monthly expenses; (C) The number of other members of the person's household and any dependents; (D) The person's employment status and education level; (E) The person's ownership or equity in real or personal property or other assets; (F) The person's debts; (G) The amount of the appearance or appeal bond, whether the person has been able to obtain release by making bond, and, if the person obtained release by making bond, the amount of money paid and the source of the money; (H) The poverty level income guidelines compiled and published by the United States department of labor; and (I) Other circumstances presented to the court that the court finds to be relevant to the issue of indigency.
(A) The income of the person, regardless of source, including, but not limited to, governmental assistance or pensions;
(B) The person's monthly expenses;
(C) The number of other members of the person's household and any dependents;
(D) The person's employment status and education level;
(E) The person's ownership or equity in real or personal property or other assets;
(F) The person's debts;
(G) The amount of the appearance or appeal bond, whether the person has been able to obtain release by making bond, and, if the person obtained release by making bond, the amount of money paid and the source of the money;
(H) The poverty level income guidelines compiled and published by the United States department of labor; and
(I) Other circumstances presented to the court that the court finds to be relevant to the issue of indigency.
(i) The department of treasury shall administer, process, and pay the claims submitted by ignition interlock providers for an indigent person's eligible costs. Each local government participating in the alternative device account shall administer, process, and pay its own claims submitted by alternative device providers for an indigent person's eligible costs.
(j) Ignition interlock providers shall submit claims and invoices to the state treasurer for reimbursement from the ignition interlock device account for an indigent person with eligible costs, and providers of alternative devices shall submit claims and invoices for reimbursement to the respective local government for reimbursement from the alternative device account for an indigent person with eligible costs. Both types of claims must be submitted no later than ninety (90) calendar days after the device has been ordered by the court, and must be accompanied by the following: (1) The court order requiring the device; (2) The affidavit of indigency, and any other information considered by the court to arrive at a determination of the person's indigency; and (3) An attestation from the provider for each claim indicating that the charges contained in the claim are true and accurate and do not contain duplicate claims or charges previously submitted for reimbursement.
(1) The court order requiring the device;
(2) The affidavit of indigency, and any other information considered by the court to arrive at a determination of the person's indigency; and
(3) An attestation from the provider for each claim indicating that the charges contained in the claim are true and accurate and do not contain duplicate claims or charges previously submitted for reimbursement.
(k) Once a claim is approved for eligibility, the provider shall submit: (1) Invoices for payment to either the state treasurer or the local government no later than one hundred eighty (180) calendar days from the date of service; (2) Amendments to documents previously submitted or new documentation in support of a claim or invoice to either the state treasurer or the local government no later than ninety (90) calendar days after the provider's receipt of the amended or new documentation; and (3) Any additional information or any additional forms requested by the state treasurer or the local government.
(1) Invoices for payment to either the state treasurer or the local government no later than one hundred eighty (180) calendar days from the date of service;
(2) Amendments to documents previously submitted or new documentation in support of a claim or invoice to either the state treasurer or the local government no later than ninety (90) calendar days after the provider's receipt of the amended or new documentation; and
(3) Any additional information or any additional forms requested by the state treasurer or the local government.
(l) (1) Once the invoice for payment has been approved, a provider must be paid no more than a total sum of two hundred dollars ($200) per month for the eligible costs for a device, with a minimum of thirty dollars ($30.00) per month paid to the provider by the indigent defendant pursuant to subdivision (h)(2) and the remainder of the total monthly costs, which must not exceed one hundred seventy dollars ($170) per month, paid to the provider from the fund. (2) Subdivision (l)(1) does not prohibit a provider from accepting funds from other grants for which the provider may be eligible. (3) A provider shall not bill a defendant for any amount in excess of the amount the defendant is ordered by the court to pay pursuant to subdivision (h)(2).
(1) Once the invoice for payment has been approved, a provider must be paid no more than a total sum of two hundred dollars ($200) per month for the eligible costs for a device, with a minimum of thirty dollars ($30.00) per month paid to the provider by the indigent defendant pursuant to subdivision (h)(2) and the remainder of the total monthly costs, which must not exceed one hundred seventy dollars ($170) per month, paid to the provider from the fund.
(2) Subdivision (l)(1) does not prohibit a provider from accepting funds from other grants for which the provider may be eligible.
(3) A provider shall not bill a defendant for any amount in excess of the amount the defendant is ordered by the court to pay pursuant to subdivision (h)(2).
(m) The provider shall ensure that the court orders submitted to either the state treasurer or the local government do not contain handwritten changes and are submitted on a uniform court order prescribed by the administrative office of the courts.
(n) If a provider filing a claim or invoice for reimbursement from the fund knowingly makes a false, fictitious, or fraudulent statement or representation, or knowingly submits false, fictitious, or fraudulent documentation or information to the state treasurer or the local government for reimbursement, then the provider may be liable under the false claims act, compiled in title 4, chapter 18.
(o) If a provider is overpaid from the fund for any reason, then either the state treasurer or the local government may exercise a right of set-off against any amount due to the provider from the fund.
(p) If the state treasurer determines or anticipates that there are or will be insufficient funds to pay for eligible costs from the ignition interlock account, or the local government determines or anticipates that there are or will be insufficient funds to pay for eligible costs, then the state treasurer or the local government may: (1) Stop accepting, determining eligibility for, or paying claims or invoices submitted by providers for a period of time determined by either the state treasurer or the local government; (2) Begin accepting or paying claims or invoices submitted by providers on or after the date on which the state treasurer determines that there is a sufficient amount of money in the ignition interlock account or the local government determines there is a sufficient amount of money in the alternative device account; (3) Notify providers and the administrative office of the courts of the anticipated date that provider claims and invoices will be accepted and paid from the respective accounts in the fund again; and (4) Establish an order of priority for paying claims and invoices after the period of insolvency.
(1) Stop accepting, determining eligibility for, or paying claims or invoices submitted by providers for a period of time determined by either the state treasurer or the local government;
(2) Begin accepting or paying claims or invoices submitted by providers on or after the date on which the state treasurer determines that there is a sufficient amount of money in the ignition interlock account or the local government determines there is a sufficient amount of money in the alternative device account;
(3) Notify providers and the administrative office of the courts of the anticipated date that provider claims and invoices will be accepted and paid from the respective accounts in the fund again; and
(4) Establish an order of priority for paying claims and invoices after the period of insolvency.
(q) The state treasurer is authorized to promulgate rules relative to the investment of money in the fund and the administration, processing, and payment of ignition interlock provider claims and invoices. The commissioner of finance and administration is authorized to promulgate rules relative to the grant program.
(r) The state treasurer, in consultation with the department of finance and administration, shall report annually to the general assembly on the activities of the fund for the preceding fiscal year. The first report is due no later than February 1, 2024, and by each February 1 thereafter.
(s) The fund is subject to examination and audit by the comptroller of the treasury.
(t) Notwithstanding another law to the contrary, if a defendant fails to pay the defendant's portion of the monthly costs as required by subdivision (h)(2), then the provider may terminate monitoring services only after: (1) The provider has notified the court of the defendant's failure to pay; (2) The court has issued a warrant for the defendant's arrest; (3) The defendant has been arrested on the warrant issued pursuant to subdivision (t)(2); and (4) The court has issued an order allowing the provider to terminate monitoring services.
(1) The provider has notified the court of the defendant's failure to pay;
(2) The court has issued a warrant for the defendant's arrest;
(3) The defendant has been arrested on the warrant issued pursuant to subdivision (t)(2); and
(4) The court has issued an order allowing the provider to terminate monitoring services.
Amended by 2023 Tenn. Acts, ch. 464, s 1, eff. 10/1/2023.
Amended by 2023 Tenn. Acts, ch. 383, s 6, eff. 10/1/2023.
Amended by 2023 Tenn. Acts, ch. 383, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 114, s 39, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 505, s 2, s 3, s 4, s 5, s 6 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 505, s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1046, s 5, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1046, s 7, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 577, s 1, s 2 eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 993, s 3, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 993, s 2, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 344, s 13, eff. 5/13/2013.
Amended by 2013 Tenn. Acts, ch. 154, s 18, eff. 7/1/2013.
Acts 2005, ch. 483, § 7; 2006, ch. 998, § 2; 2007 , ch. 374, § 2; 2010 , ch. 1020, §§ 1, 2.
Tenn. Code Ann. § 55-50-302 — TN Code / Title 55 / Chapter 50 / Section 55-50-302
Classes of licenses - Endorsements - Applicability to temporary licenses and permits
Status: in_force

(a) The department, upon issuing a driver license, shall indicate thereon the class of vehicles the licensee may drive. Licenses shall be issued with the classifications and endorsements as defined in § 55-50-102 . (b) The department shall establish qualifications it believes reasonably necessary, in addition to the qualifications specified in this part, for the safe operation of the various types, sizes, or combinations of vehicles, and shall determine by appropriate examination whether each applicant is qualified for the license classification or endorsement for which application has been made. (c) The department shall not issue a license in Class A, B, or C or any of the endorsements specified in subsection (a) other than a for-hire endorsement unless the applicant meets the following qualifications in addition to all other applicable qualifications: (1) (A) The applicant must be at least twenty-one (21) years of age; provided, however, the department is authorized to issue interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age if such issuance is approved and authorized by the FMCSA and the department follows all FMCSA regulations regarding the issuance of interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age; or (B) Notwithstanding subdivision (c)(1)(A), an applicant who is at least eighteen (18) years of age is eligible for a Class A or B license if: (i) The applicant does not require a special endorsement; (ii) A commercial vehicle operated by the applicant will be operated solely within this state; (iii) The applicant has met all other requirements for a CDL under this chapter; and (iv) Issuing a Class A or B license to the applicant is not prohibited under 49 CFR Parts 383 and 391, or federal rules; (2) The applicant must not currently be under a driver license suspension or revocation in this or any other state; (3) The applicant must certify in the license application that all of the qualifications are met. (d) The department shall not issue an initial school bus endorsement to any applicant unless: (1) (A) The applicant is at least twenty-five (25) years of age; or (B) The applicant is at least twenty-three (23) years of age and: (i) An honorably discharged veteran of the United States armed forces; (ii) A member of the national guard or a reserve component of the United States armed forces; or (iii) A licensed teacher employed by an LEA; (2) The applicant has had at least five (5) consecutive years of unrestricted driving experience prior to the date of application; and (3) The department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed. (e) An applicant for an initial school bus endorsement pursuant to subdivision (d)(1)(B) must submit to the department, as part of the application: (1) A certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), if the applicant is an honorably discharged veteran of the United States armed forces; or (2) A letter recommending the applicant to operate a school bus, from: (A) One (1) of the applicant's commanding officers, if the applicant is a member of the national guard or a reserve component of the United States armed forces; or (B) The director of schools of the LEA that employs the applicant, if the applicant is a licensed teacher. (f) The department shall not issue a for-hire endorsement unless the applicant has had at least two (2) years of unrestricted driving experience prior to the date of application and the department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed, and the applicant is eighteen (18) years of age and will be operating a Class D vehicle. Nothing in this subsection (f) shall authorize anyone under nineteen (19) years of age to operate a commercial motor vehicle as defined in 49 CFR Part 390 ; provided, that the department is authorized to issue a for-hire endorsement to operate a Class D vehicle to an applicant who is at least sixteen (16) years of age and who is not currently under any driver license suspension, cancellation, or revocation in this or any other state, and the vehicle is owned by the applicant's family business to conduct deliveries of goods and products exclusively for family business. (g) This section is applicable to the issuance of temporary driver licenses and permits. (h) (1) The department shall not issue or renew a hazardous materials endorsement unless a determination of no security threat has been issued in conformance with 49 CFR Part 1572. (2) The department shall revoke a current hazardous materials endorsement upon receipt of an initial or final determination of security threat in accordance with 49 CFR Part 1572. (3) Notwithstanding § 55-50-337 , a commercial driver license issued with a hazardous materials endorsement expires on the date the hazardous materials endorsement authorization expires. (i) An individual who holds a school bus (S) endorsement must attend annual training as required by the department in order to maintain the endorsement. Amended by 2023 Tenn. Acts, ch. 333, s 1, eff. 1/1/2024. Amended by 2022 Tenn. Acts, ch. 992, Secs.s 4, s 6 eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 38, s 2, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 38, s 1, eff. 1/1/2020. Amended by 2017 Tenn. Acts, ch. 289, s 3, eff. 1/1/2018. Acts 1937, ch. 90, § 3; C. Supp. 1950, § 2715.11 (Williams, § 2715.16); Acts 1955, ch. 114, § 2; 1957, ch. 199, §§ 1, 2; 1957, ch. 209, § 1; 1959, ch. 272, § 1; 1967, ch. 238, § 1; impl. am. Acts 1971, ch. 162, § 3; Acts 1972, ch. 467, § 1; 1974, ch. 444, §§ 1, 2; 1975, ch. 82, § 1; 1976, ch. 841, § 1; 1977, ch. 90, § 1; 1977, ch. 189, § 2; 1978, ch. 643, §§ 1, 2; 1979, ch. 247, §§ 5, 8; T.C.A. (orig. ed.), § 59-704; Acts 1986, ch. 804, § 7; 1987, ch. 446, § 11; 1988, ch. 584, § 4; T.C.A., §§ 55-7-104 , 55-7-302; Acts 1992, ch. 617, §§ 1-3; 1992, ch. 722, § 1; 1993, ch. 450, § 1; 1994, ch. 905, § 1; 1997 , ch. 179, § 1; 2005, ch. 235, § 3; 2007 , ch. 194, §§ 6, 7; 2009 , ch. 321, § 16.
(a) The department, upon issuing a driver license, shall indicate thereon the class of vehicles the licensee may drive. Licenses shall be issued with the classifications and endorsements as defined in § 55-50-102 .
(b) The department shall establish qualifications it believes reasonably necessary, in addition to the qualifications specified in this part, for the safe operation of the various types, sizes, or combinations of vehicles, and shall determine by appropriate examination whether each applicant is qualified for the license classification or endorsement for which application has been made.
(c) The department shall not issue a license in Class A, B, or C or any of the endorsements specified in subsection (a) other than a for-hire endorsement unless the applicant meets the following qualifications in addition to all other applicable qualifications: (1) (A) The applicant must be at least twenty-one (21) years of age; provided, however, the department is authorized to issue interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age if such issuance is approved and authorized by the FMCSA and the department follows all FMCSA regulations regarding the issuance of interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age; or (B) Notwithstanding subdivision (c)(1)(A), an applicant who is at least eighteen (18) years of age is eligible for a Class A or B license if: (i) The applicant does not require a special endorsement; (ii) A commercial vehicle operated by the applicant will be operated solely within this state; (iii) The applicant has met all other requirements for a CDL under this chapter; and (iv) Issuing a Class A or B license to the applicant is not prohibited under 49 CFR Parts 383 and 391, or federal rules; (2) The applicant must not currently be under a driver license suspension or revocation in this or any other state; (3) The applicant must certify in the license application that all of the qualifications are met.
(1) (A) The applicant must be at least twenty-one (21) years of age; provided, however, the department is authorized to issue interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age if such issuance is approved and authorized by the FMCSA and the department follows all FMCSA regulations regarding the issuance of interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age; or (B) Notwithstanding subdivision (c)(1)(A), an applicant who is at least eighteen (18) years of age is eligible for a Class A or B license if: (i) The applicant does not require a special endorsement; (ii) A commercial vehicle operated by the applicant will be operated solely within this state; (iii) The applicant has met all other requirements for a CDL under this chapter; and (iv) Issuing a Class A or B license to the applicant is not prohibited under 49 CFR Parts 383 and 391, or federal rules;
(A) The applicant must be at least twenty-one (21) years of age; provided, however, the department is authorized to issue interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age if such issuance is approved and authorized by the FMCSA and the department follows all FMCSA regulations regarding the issuance of interstate CDLs to persons at least eighteen (18) years of age but less than twenty-one (21) years of age; or
(B) Notwithstanding subdivision (c)(1)(A), an applicant who is at least eighteen (18) years of age is eligible for a Class A or B license if: (i) The applicant does not require a special endorsement; (ii) A commercial vehicle operated by the applicant will be operated solely within this state; (iii) The applicant has met all other requirements for a CDL under this chapter; and (iv) Issuing a Class A or B license to the applicant is not prohibited under 49 CFR Parts 383 and 391, or federal rules;
(i) The applicant does not require a special endorsement;
(ii) A commercial vehicle operated by the applicant will be operated solely within this state;
(iii) The applicant has met all other requirements for a CDL under this chapter; and
(iv) Issuing a Class A or B license to the applicant is not prohibited under 49 CFR Parts 383 and 391, or federal rules;
(2) The applicant must not currently be under a driver license suspension or revocation in this or any other state;
(3) The applicant must certify in the license application that all of the qualifications are met.
(d) The department shall not issue an initial school bus endorsement to any applicant unless: (1) (A) The applicant is at least twenty-five (25) years of age; or (B) The applicant is at least twenty-three (23) years of age and: (i) An honorably discharged veteran of the United States armed forces; (ii) A member of the national guard or a reserve component of the United States armed forces; or (iii) A licensed teacher employed by an LEA; (2) The applicant has had at least five (5) consecutive years of unrestricted driving experience prior to the date of application; and (3) The department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed.
(1) (A) The applicant is at least twenty-five (25) years of age; or (B) The applicant is at least twenty-three (23) years of age and: (i) An honorably discharged veteran of the United States armed forces; (ii) A member of the national guard or a reserve component of the United States armed forces; or (iii) A licensed teacher employed by an LEA;
(A) The applicant is at least twenty-five (25) years of age; or
(B) The applicant is at least twenty-three (23) years of age and: (i) An honorably discharged veteran of the United States armed forces; (ii) A member of the national guard or a reserve component of the United States armed forces; or (iii) A licensed teacher employed by an LEA;
(i) An honorably discharged veteran of the United States armed forces;
(ii) A member of the national guard or a reserve component of the United States armed forces; or
(iii) A licensed teacher employed by an LEA;
(2) The applicant has had at least five (5) consecutive years of unrestricted driving experience prior to the date of application; and
(3) The department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed.
(e) An applicant for an initial school bus endorsement pursuant to subdivision (d)(1)(B) must submit to the department, as part of the application: (1) A certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), if the applicant is an honorably discharged veteran of the United States armed forces; or (2) A letter recommending the applicant to operate a school bus, from: (A) One (1) of the applicant's commanding officers, if the applicant is a member of the national guard or a reserve component of the United States armed forces; or (B) The director of schools of the LEA that employs the applicant, if the applicant is a licensed teacher.
(1) A certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), if the applicant is an honorably discharged veteran of the United States armed forces; or
(2) A letter recommending the applicant to operate a school bus, from: (A) One (1) of the applicant's commanding officers, if the applicant is a member of the national guard or a reserve component of the United States armed forces; or (B) The director of schools of the LEA that employs the applicant, if the applicant is a licensed teacher.
(A) One (1) of the applicant's commanding officers, if the applicant is a member of the national guard or a reserve component of the United States armed forces; or
(B) The director of schools of the LEA that employs the applicant, if the applicant is a licensed teacher.
(f) The department shall not issue a for-hire endorsement unless the applicant has had at least two (2) years of unrestricted driving experience prior to the date of application and the department is fully satisfied as to the applicant's good character, competency, and fitness to be so employed, and the applicant is eighteen (18) years of age and will be operating a Class D vehicle. Nothing in this subsection (f) shall authorize anyone under nineteen (19) years of age to operate a commercial motor vehicle as defined in 49 CFR Part 390 ; provided, that the department is authorized to issue a for-hire endorsement to operate a Class D vehicle to an applicant who is at least sixteen (16) years of age and who is not currently under any driver license suspension, cancellation, or revocation in this or any other state, and the vehicle is owned by the applicant's family business to conduct deliveries of goods and products exclusively for family business.
(g) This section is applicable to the issuance of temporary driver licenses and permits.
(h) (1) The department shall not issue or renew a hazardous materials endorsement unless a determination of no security threat has been issued in conformance with 49 CFR Part 1572. (2) The department shall revoke a current hazardous materials endorsement upon receipt of an initial or final determination of security threat in accordance with 49 CFR Part 1572. (3) Notwithstanding § 55-50-337 , a commercial driver license issued with a hazardous materials endorsement expires on the date the hazardous materials endorsement authorization expires.
(1) The department shall not issue or renew a hazardous materials endorsement unless a determination of no security threat has been issued in conformance with 49 CFR Part 1572.
(2) The department shall revoke a current hazardous materials endorsement upon receipt of an initial or final determination of security threat in accordance with 49 CFR Part 1572.
(3) Notwithstanding § 55-50-337 , a commercial driver license issued with a hazardous materials endorsement expires on the date the hazardous materials endorsement authorization expires.
(i) An individual who holds a school bus (S) endorsement must attend annual training as required by the department in order to maintain the endorsement.
Amended by 2023 Tenn. Acts, ch. 333, s 1, eff. 1/1/2024.
Amended by 2022 Tenn. Acts, ch. 992, Secs.s 4, s 6 eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 38, s 2, eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 38, s 1, eff. 1/1/2020.
Amended by 2017 Tenn. Acts, ch. 289, s 3, eff. 1/1/2018.
Acts 1937, ch. 90, § 3; C. Supp. 1950, § 2715.11 (Williams, § 2715.16); Acts 1955, ch. 114, § 2; 1957, ch. 199, §§ 1, 2; 1957, ch. 209, § 1; 1959, ch. 272, § 1; 1967, ch. 238, § 1; impl. am. Acts 1971, ch. 162, § 3; Acts 1972, ch. 467, § 1; 1974, ch. 444, §§ 1, 2; 1975, ch. 82, § 1; 1976, ch. 841, § 1; 1977, ch. 90, § 1; 1977, ch. 189, § 2; 1978, ch. 643, §§ 1, 2; 1979, ch. 247, §§ 5, 8; T.C.A. (orig. ed.), § 59-704; Acts 1986, ch. 804, § 7; 1987, ch. 446, § 11; 1988, ch. 584, § 4; T.C.A., §§ 55-7-104 , 55-7-302; Acts 1992, ch. 617, §§ 1-3; 1992, ch. 722, § 1; 1993, ch. 450, § 1; 1994, ch. 905, § 1; 1997 , ch. 179, § 1; 2005, ch. 235, § 3; 2007 , ch. 194, §§ 6, 7; 2009 , ch. 321, § 16.
Tenn. Code Ann. § 55-12-102 — TN Code / Title 55 / Chapter 12 / Section 55-12-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Autocycle" means an autocycle as defined in § 55-1-103 ; (2) "Bond" means irrevocable bond executed by a corporate surety company licensed to do business as a corporate surety company in this state, with penalties of like amounts as those pertaining to an insurance policy or the amount of damages suffered, whichever is less, the bond to guarantee the payment of any final judgment which might thereafter be rendered against the bonded party resulting from the accident up to and including the total amount of the bond, except the bond may specify a limited payment to those persons who have at the time of its execution filed claims with the commissioner, and shall contain a clause therein that it shall remain in force for one (1) year from the date of the accident or until final determination of any court action brought as a result of the accident, whichever may be the longer period of time; (3) "Commissioner" means the commissioner of safety, unless otherwise indicated or unless the context otherwise requires; (4) "Judgment" means any judgment that shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof; (5) "License" means any license, temporary instruction permit, or temporary license issued under the laws of this state, or any other state, pertaining to the licensing of persons to operate motor vehicles within this state; (6) "Motor vehicle" means every self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with motor vehicles, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. "Motor vehicle" does not include "motorized bicycle" as defined in § 55-8-101 ; (7) "Motor vehicle liability policy" means an "owner's policy" or "operator's policy" of liability insurance, certified as provided in § 55-12-120 or § 55-12-121 as proof of financial responsibility, and issued, except as otherwise provided in § 55-12-121 by an insurance carrier duly licensed or admitted to transact business in this state, to or for the benefit of the person named therein as insured; (8) "Nonresident" means every person who is not a resident of this state; (9) "Nonresident operating privileges" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation of a motor vehicle, or the use of a motor vehicle owned by the nonresident, in this state; (10) "Operator" means: (A) For purposes of a conventionally operated vehicle, every person who is in actual physical control of a motor vehicle whether or not licensed as an operator or chauffeur under the laws of this state; (B) For purposes of a vehicle operating in a platoon, as defined by § 55-8-101 , the person in control of the lead vehicle of the platoon; and (C) For purposes of an ADS-operated vehicle, as defined by § 55-30-102 , and when the ADS is engaged, the ADS; (11) "Owner" means a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this part; (12) "Proof of financial responsibility" or "proof of financial security" means: (A) (i) If proof is required after December 31, 1989, but prior to January 1, 2009, such proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than ten thousand dollars ($10,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 1989, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(A)(i)( a )-( d ) as of the first renewal after that date; (B) (i) If proof is required after December 31, 2008, but prior to January 1, 2017, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2008, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(B)(i)( a )-( d ) as of the first renewal after December 31, 2008; (C) (i) If proof is required after December 31, 2016, but prior to January 1, 2023, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2016, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(C)(i)( a )-( d ) as of the first renewal after December 31, 2016; (D) (i) If proof is required after December 31, 2022, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); and (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2022, is not in violation of the law if the policy meets the limits specified in subdivisions (12)(D)(i) (a) - (d) as of the first renewal after December 31, 2022; (13) "Registration" means a registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles; and (14) "State" means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. Amended by 2022 Tenn. Acts, ch. 860, Secs.s1, s2 eff. 4/14/2022. Amended by 2017 Tenn. Acts, ch. 474, s 13, eff. 6/6/2017. Amended by 2017 Tenn. Acts, ch. 171, s 5, eff. 4/24/2017. Amended by 2016 Tenn. Acts, ch. 663, s 1, eff. 3/29/2016. Amended by 2013 Tenn. Acts, ch. 308, s 38, eff. 7/1/2013. Acts 1977, ch. 446, § 2; 1979, ch. 247, § 9; T.C.A., § 59-1252; Acts 1983, ch. 53, §§ 1, 2; 1984, ch. 494, § 1; 1986, ch. 804, § 5; 2007 , ch. 484, § 77; 2008 , ch. 616, §§ 1, 2.
As used in this part, unless the context otherwise requires:
(1) "Autocycle" means an autocycle as defined in § 55-1-103 ;
(2) "Bond" means irrevocable bond executed by a corporate surety company licensed to do business as a corporate surety company in this state, with penalties of like amounts as those pertaining to an insurance policy or the amount of damages suffered, whichever is less, the bond to guarantee the payment of any final judgment which might thereafter be rendered against the bonded party resulting from the accident up to and including the total amount of the bond, except the bond may specify a limited payment to those persons who have at the time of its execution filed claims with the commissioner, and shall contain a clause therein that it shall remain in force for one (1) year from the date of the accident or until final determination of any court action brought as a result of the accident, whichever may be the longer period of time;
(3) "Commissioner" means the commissioner of safety, unless otherwise indicated or unless the context otherwise requires;
(4) "Judgment" means any judgment that shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof;
(5) "License" means any license, temporary instruction permit, or temporary license issued under the laws of this state, or any other state, pertaining to the licensing of persons to operate motor vehicles within this state;
(6) "Motor vehicle" means every self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with motor vehicles, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. "Motor vehicle" does not include "motorized bicycle" as defined in § 55-8-101 ;
(7) "Motor vehicle liability policy" means an "owner's policy" or "operator's policy" of liability insurance, certified as provided in § 55-12-120 or § 55-12-121 as proof of financial responsibility, and issued, except as otherwise provided in § 55-12-121 by an insurance carrier duly licensed or admitted to transact business in this state, to or for the benefit of the person named therein as insured;
(8) "Nonresident" means every person who is not a resident of this state;
(9) "Nonresident operating privileges" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation of a motor vehicle, or the use of a motor vehicle owned by the nonresident, in this state;
(10) "Operator" means: (A) For purposes of a conventionally operated vehicle, every person who is in actual physical control of a motor vehicle whether or not licensed as an operator or chauffeur under the laws of this state; (B) For purposes of a vehicle operating in a platoon, as defined by § 55-8-101 , the person in control of the lead vehicle of the platoon; and (C) For purposes of an ADS-operated vehicle, as defined by § 55-30-102 , and when the ADS is engaged, the ADS;
(A) For purposes of a conventionally operated vehicle, every person who is in actual physical control of a motor vehicle whether or not licensed as an operator or chauffeur under the laws of this state;
(B) For purposes of a vehicle operating in a platoon, as defined by § 55-8-101 , the person in control of the lead vehicle of the platoon; and
(C) For purposes of an ADS-operated vehicle, as defined by § 55-30-102 , and when the ADS is engaged, the ADS;
(11) "Owner" means a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this part;
(12) "Proof of financial responsibility" or "proof of financial security" means: (A) (i) If proof is required after December 31, 1989, but prior to January 1, 2009, such proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than ten thousand dollars ($10,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 1989, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(A)(i)( a )-( d ) as of the first renewal after that date; (B) (i) If proof is required after December 31, 2008, but prior to January 1, 2017, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2008, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(B)(i)( a )-( d ) as of the first renewal after December 31, 2008; (C) (i) If proof is required after December 31, 2016, but prior to January 1, 2023, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2016, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(C)(i)( a )-( d ) as of the first renewal after December 31, 2016; (D) (i) If proof is required after December 31, 2022, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); and (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2022, is not in violation of the law if the policy meets the limits specified in subdivisions (12)(D)(i) (a) - (d) as of the first renewal after December 31, 2022;
(A) (i) If proof is required after December 31, 1989, but prior to January 1, 2009, such proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than ten thousand dollars ($10,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 1989, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(A)(i)( a )-( d ) as of the first renewal after that date;
(i) If proof is required after December 31, 1989, but prior to January 1, 2009, such proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than ten thousand dollars ($10,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000);
(a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident;
(b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than ten thousand dollars ($10,000) for damage to property in any one (1) accident;
(c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or
(d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000);
(ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 1989, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(A)(i)( a )-( d ) as of the first renewal after that date;
(B) (i) If proof is required after December 31, 2008, but prior to January 1, 2017, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2008, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(B)(i)( a )-( d ) as of the first renewal after December 31, 2008;
(i) If proof is required after December 31, 2008, but prior to January 1, 2017, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000);
(a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident;
(b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident;
(c) A deposit of cash with the commissioner in the amount of sixty thousand dollars ($60,000); or
(d) The execution and filing of a bond with the commissioner in the amount of sixty thousand dollars ($60,000);
(ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2008, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(B)(i)( a )-( d ) as of the first renewal after December 31, 2008;
(C) (i) If proof is required after December 31, 2016, but prior to January 1, 2023, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2016, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(C)(i)( a )-( d ) as of the first renewal after December 31, 2016;
(i) If proof is required after December 31, 2016, but prior to January 1, 2023, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000);
(a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident;
(b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident;
(c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or
(d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000);
(ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2016, will not be deemed to be in violation of the law if the policy meets the limits specified in subdivisions (12)(C)(i)( a )-( d ) as of the first renewal after December 31, 2016;
(D) (i) If proof is required after December 31, 2022, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); and (ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2022, is not in violation of the law if the policy meets the limits specified in subdivisions (12)(D)(i) (a) - (d) as of the first renewal after December 31, 2022;
(i) If proof is required after December 31, 2022, proof means: (a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident; (b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident; (c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or (d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); and
(a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty-five thousand dollars ($65,000) applicable to one (1) accident;
(b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident;
(c) A deposit of cash with the commissioner in the amount of sixty-five thousand dollars ($65,000); or
(d) The execution and filing of a bond with the commissioner in the amount of sixty-five thousand dollars ($65,000); and
(ii) An insured holding a policy that complies with the insurance requirements of the financial responsibility law on December 31, 2022, is not in violation of the law if the policy meets the limits specified in subdivisions (12)(D)(i) (a) - (d) as of the first renewal after December 31, 2022;
(13) "Registration" means a registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles; and
(14) "State" means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
Amended by 2022 Tenn. Acts, ch. 860, Secs.s1, s2 eff. 4/14/2022.
Amended by 2017 Tenn. Acts, ch. 474, s 13, eff. 6/6/2017.
Amended by 2017 Tenn. Acts, ch. 171, s 5, eff. 4/24/2017.
Amended by 2016 Tenn. Acts, ch. 663, s 1, eff. 3/29/2016.
Amended by 2013 Tenn. Acts, ch. 308, s 38, eff. 7/1/2013.
Acts 1977, ch. 446, § 2; 1979, ch. 247, § 9; T.C.A., § 59-1252; Acts 1983, ch. 53, §§ 1, 2; 1984, ch. 494, § 1; 1986, ch. 804, § 5; 2007 , ch. 484, § 77; 2008 , ch. 616, §§ 1, 2.