reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-107 - Elimination of grade crossings over public highways

The department of transportation through its commissioner or the commissioner's designee has the power to eliminate grade crossings of any railroad or interurban railway track on any of the main traveled roads designated by the commissioner or the commissioner's designee as included in the general highway plan of the state, whenever, in the discretion of the commissioner or the commissioner's designee, the elimination of any such grade crossing is necessary for the protection of persons traveling on any such highway or any such railroad.
Acts 1921, ch. 132, § 1; Shan. Supp., § 1582a2; mod. Code 1932, § 2638; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1107.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-108 - Location and character of substituted crossing

When any such grade crossing is ordered to be eliminated, the commissioner of transportation or the commissioner's designee shall determine the location of the crossing to be substituted and the grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal from any such order by the railroad company affected to the chancery court in the judicial district in which the new grade crossing would be located, such chancery court shall have the power to make any change in the order appealed from with regard to the location and grade of the crossing to be constructed which may appear to the court to be necessary to adequately protect the safety of passenger and freight traffic on the railroad; and provided, further, that the appeal must be made within thirty (30) days of the date the order appealed from is certified to the railroad company affected.
Acts 1921, ch. 132, § 1; Shan. Supp., § 1582a3; mod. Code 1932, § 2639; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed), §65-1108; Acts 1995, ch. 305, § 26.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-110 - Apportionment of work in constructing underpass or overpass

The commissioner of transportation or the commissioner's designee may, by agreement or contract with any railroad company, apportion the work to be done in the construction of any such underpass or overpass between the railroad company and contractors acting under the control and supervision of the commissioner or the commissioner's designee, and contracts for the construction of the portion of such underpass or overpass assumed under such contract or agreement by the commissioner or the commissioner's designee shall be made in the manner and under the same conditions as contracts are made by the commissioner or the commissioner's designee for the construction of other portions of the state highway system as provided by law; provided, that when the commissioner or any of the department of transportation's employees or contractors, or any person acting under the orders of the commissioner or the commissioner's contractors, shall go or be upon the right-of-way of any railroad company, they shall be subject to any reasonable rules and regulations of such railroad company made for the protection of its traffic employees and passengers.
Acts 1921, ch. 132, § 3; Shan. Supp., § 1582a5; mod. Code 1932, § 2641; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1110.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-111 - Apportionment of cost of eliminating grade crossing

Each railroad company owning or operating the track or tracks at any grade crossing ordered or agreed to be eliminated under this chapter shall bear fifty percent (50%) of the total cost of the elimination of any such grade crossing, the total cost to include the cost of the construction of the underpass or overpass substituted for the grade crossing, of the approaches thereto, of the surveys and preparations of the plans and estimates of cost for such underpass or overpass crossing ordered by the commissioner of transportation or the commissioner's designee, and of any revision of the grade and layout of the railroad tracks directly made necessary by such grade separation, but shall not include the cost of metal surfacing or road pavement required in accomplishing the elimination of any grade crossing; provided, that any disagreement between the commissioner or the commissioner's designee and the railroad company affected with regard to the extent or cost of any such revision of the grade and layout of the railroad tracks directly made necessary by any grade separation, shall be resolved by the commissioner, and the commissioner's decision shall be final. The remaining fifty percent (50%) of the total cost shall be borne out of the public funds as a part of the cost of the highway of which the crossing is a part; provided, that a detailed statement of the expense of all that part of the construction of such underpass or overpass crossing, including the preparation of the detailed plans and specifications, etc., which is conducted by the railroad company, shall be submitted to the commissioner or the commissioner's designee, duly sworn to by some official of the railroad company, having knowledge of the facts; and provided, further, that this provision for the division of cost between the public and the railroad company shall apply only to crossings already in existence or hereafter made, or proposed over railroad tracks in existence at the date of the order for elimination thereof, and shall not apply to any crossing of any highway by any railroad track not in existence at the date of the designation of such highway as a part of the state highway system by the department of transportation.
Acts 1921, ch. 132, § 4; 1925, ch. 88, § 1; Shan. Supp., § 1582a6; mod. Code 1932, § 2642; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1111; Acts 1995, ch. 305, § 28.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-112 - Maintenance of underpass or overpass

When any underpass or overpass crossing is constructed on any state highway, under this chapter, it shall be maintained as follows:
(1)
The railroad company owning or operating the track at any such crossing shall maintain in good and safe repair at its sole expense all that part of any underpass or overpass and the approaches thereto on its rights-of-way, and also that part of any overpass structure or the approach thereto not supported by a fill, whether on its right-of-way or not, except the surface of the highway; provided, that the flooring of any overpass which supports the surface of the highway or which may constitute the surface of the highway shall be considered as a part of the structure to be maintained by and at the expense of the railroad company; and
(2)
The commissioner of transportation or the commissioner's designee shall maintain in good and safe repair out of the public funds, any fill, approach to any such crossing not on the right-of-way of the railroad company, and also the entire surface of the highway at all points.
Acts 1921, ch. 132, § 5; Shan. Supp., § 1582a7; Code 1932, § 2643; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1112.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-115 - Installation of warning strips authorized

The department of transportation may install warning strips on both approaches of any highway crossing on the system of state highways not protected by automatic warning or protective devices, unless the surface of such approaches is gravel or chip and seal paving.
Acts 1990, ch. 997, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-116 - Competitive bidding - Negotiating labor costs

(a)
Notwithstanding any law to the contrary, all contracts to perform maintenance or improvements on railroads which are funded, in whole or in part, with funds administered by the Tennessee department of transportation shall be awarded pursuant to competitive bidding requirements as approved by the department of transportation. This section shall not apply to rail crossings to be signalized following a fatality pursuant to §
65-11-113
.
(b)
In the alternative to subsection (a), all contracts to perform maintenance or improvements on railroads with collective bargaining labor agreements shall allow negotiated labor costs for the labor portion of the contracts. It is the intent of the general assembly that only labor and associated costs shall be reimbursable pursuant to this provision. All other costs associated with the contract, including, but not limited to, materials and equipment, shall be subject to competitive bidding requirements as approved by the department of transportation. All costs associated with such contracts shall be subject to audit by the comptroller of the treasury to ensure that the contracts are performed on a break-even basis and that the state does not reimburse profits to the railroad company involved.
Acts 1999, ch. 450, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-101 - Payment of fare required

If any passenger refuses to pay the required fare, the conductor may put such passenger off the cars at any station or convenient point where the passenger can step on land.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-102 - Precautions required for prevention of accidents

In order to prevent accidents upon railroads, the following precautions shall be observed:
(1)
The officials having jurisdiction over every public road crossed by a railroad shall place at each crossing a sign, marked as provided by §
65-11-105
. The county legislative body shall appropriate money to defray the expenses of the signs. The failure of any engine driver to blow the whistle or ring the bell at any public crossing so designated by either the railroad company or the public official shall constitute negligence with the effect and all as set forth in §
65-12-103
;
(2)
On approaching every crossing so distinguished, the whistle or bell of the locomotive shall be sounded at the distance of one-fourth (1/4) of a mile from the crossing, and at short intervals until the train has passed the crossing;
(3)
Every railroad company shall keep the engineer, fireman, or some other person upon the locomotive, always upon the lookout ahead; and when any person, animal, or other obstruction appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and prevent an accident; and
(4)
It is unlawful for any person operating a railroad to use road engines without having them equipped with an electric light placed on the rear of the engine, tank, or tender, which light shall be a bull's eye lens of not less than four inches (4") in diameter with a bulb of not less than sixty (60) watts power, so that such road engine can be operated with safety when backing and the light so placed shall be burning while any such engine may be used in any backing movement. Such lights shall be operated at night; and any person violating any of these provisions shall be fined the sum of not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100), for each offense.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-103 - Violation of Section 65-12-102 is negligence per se

A violation of §
65-12-102
by any railroad company constitutes negligence per se and in the trial of any causes involving §
65-12-102
, the burden of proof, the issue of proximate cause, and the issue of contributory negligence shall be tried and be applied in the same manner and with the same effect as in the trial of other negligence actions under the common law in this state.
Acts 1875, ch. 142, § 6; Shan., § 2421; Code 1932, § 4008; T.C.A. (orig. ed.), § 65-1203.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-104 - Full stop at crossings

(a)
Every engine or train shall be brought to a full stop before crossing a railroad which intersects at grade the road upon which it runs.
(b)
When the intersecting roads are under the management of the same company, this section shall not apply to engines and trains run upon the longer road.
(c)
A violation of this section is a Class C misdemeanor.
(d)
This section shall not apply where such other railroad is disconnected by interlocking switches placed on both roads, and at a safe distance from, and on each side of, the railroad crossing, such interlocking switches to be according to the present state of the art, and kept in good order and repair.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-105 - Track motor cars

(a)
Every person, firm or corporation operating or controlling any railroad running through or within this state shall:
(1)
Provide each of its track motor cars when used during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise with a permanently installed or portable electric light of such construction and with such candle power as to render visible at a distance of three hundred feet (300') in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing and shall also provide each such track motor car when so used with a red light for use on the rear thereof with sufficient candle power as to be visible at a distance of three hundred feet (300'); and
(2)
Equip each of its track motor cars with a windshield and a device for cleaning rain and snow therefrom so constructed as to be controlled or operated by the operator of such track motor car.
(b)
It is unlawful for any person, firm or corporation, operating or controlling any railroad running through or within this state, to operate or use any track motor car from thirty (30) minutes before sunset to thirty (30) minutes after sunrise, which is not equipped with lights of candle power and other equipment as provided in this section.
(c)
Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its line in this state a track motor car in violation of this section commits a Class C misdemeanor. Each day's violation is a separate offense.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-106 - Wires strung over railroad tracks

(a)
Any person engaged in any business whereby wires are used for the transmission of intelligence or other purposes shall not string any wire or wires across railroad tracks without first having complied with the regulations of the department of transportation, prescribed to prevent accidents from such wires.
(b)
The department of transportation shall, after hearing all interested persons, prescribe and promulgate regulations for the construction and maintenance of wires across the tracks of railroads for the protection of trains, engines, cars, and the operatives thereof; provided, that the department of transportation's power is limited to regulation and the right to cross railroad tracks must be obtained by such wire-using companies according to law.
(c)
A violation of this section is a Class C misdemeanor.
(d)
Any person failing to construct or reconstruct and maintain its wire or wires as provided in this section shall be liable for all damages both to railroad companies and their employees resulting therefrom.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-107 - Standard of care required when livestock on tracks

Whenever livestock appears on the tracks as an obstruction ahead of a railroad train, it shall be the duty of the engineer, or the person in charge of the operation of the train, to blow the alarm whistle and apply the brakes, in order to prevent, if reasonably possible, the striking of the livestock.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 12 - OPERATION OF RAILROADS (§§ 65-12-101 — 65-12-108) › Section 65-12-108 - Locomotive operator must carry engineer's operator permit

Every person who operates a railroad locomotive in this state shall carry on such operator's person while operating such locomotive an engineer's operator permit.
Code 1858, § 1166 (deriv. Acts 1855-1856, ch. 94, §§ 1, 5-9; 1857-1858, ch. 44, § 3); Shan., § 1574; impl. am. Acts 1921, ch. 41, § 2; Acts 1925, ch. 133, § 1; mod. Code 1932, § 2628; Acts 1959, ch. 130, § 1; 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-1208; Acts 1982, ch. 632, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-101 - Special powers

In addition to the general powers, railroad terminal corporations have the power to acquire, in this or any other state or states, and at such place or places as shall be found expedient, such real estate as may be necessary on which to construct, operate, and maintain passenger stations, comprising passenger depots, office buildings, sheds, and storage yards; and freight stations, comprising freight depots, warehouses, offices, and freight yards, roundhouses, and machine shops; also main and side tracks, switches, crossovers, turnouts, and other terminal railroad facilities, appurtenances, and accommodations suitable, in size, location, and manner of construction, to perform promptly and efficiently the work of receiving, delivering, and transferring all passengers and freight traffic of railroad companies with which it may enter into contracts for the use of its terminal facilities at such place or places. Such corporation has the power, by purchase, lease, or assignment of lease, to acquire and hold, and to lease to others, such real estate as may be necessary for the above mentioned purpose of its incorporation; and it may also acquire such real estate by condemnation, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement.
Acts 1893, ch. 11, § 3; Shan., § 2430; mod. Code 1932, § 4060; T.C.A. (orig. ed.), § 65-1401.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-102 - Right to construct facilities across or along streets and alleys

When it may be necessary, in order to enable the corporation to acquire and construct proper railroad terminal facilities in any town or city, or to connect such facilities with the tracks of any railroad company with whom the corporation may have contracted to furnish such facilities, the corporation, with the consent of the proper authorities of such town or city, shall have the right to lay and operate a track or tracks across or along or over or under such of the streets or alleys of such town or city as may be necessary for that purpose; and the corporation may also, with such consent, construct such passenger or freight depots or stations across or along, over or under, any such street or alley when it shall be necessary in order to furnish proper railroad terminal facilities in the town or city. But no street or alley of any town or city shall be obstructed or interfered with until the consent of the proper authorities of the town or city shall have been first obtained.
Acts 1893, ch. 11, § 3; Shan., § 2431; mod. Code 1932, § 4061; T.C.A. (orig. ed.), § 65-1402.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-103 - Authority to acquire, hold and dispose of stock or bonds

Such railroad terminal corporation may acquire, hold, and dispose of the capital stock or bonds of railroad companies or of other terminal companies, for the purpose alone of raising money for the acquisition, construction, maintenance, and repair of such passenger and freight depots and stations, and other terminal facilities mentioned in §§
65-14-101
and
65-14-102
, and not for the purpose of speculating in stocks or bonds, or managing or controlling railroads.
Acts 1893, ch. 11, § 3; Shan., § 2436; mod. Code 1932, § 4065; T.C.A. (orig. ed.), § 65-1403.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-104 - Keeping of hotel, restaurant, and newsstand

At any place where such railroad terminal corporation may acquire and construct passenger stations, the corporation may keep on such premises a hotel or restaurant, or both, and also a newsstand.
Acts 1893, ch. 11, § 3; Shan., § 2433; mod. Code 1932, § 4062; T.C.A. (orig. ed.), § 65-1404.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-105 - Leasing of terminal facilities to railroad companies

The corporation may lease to any railroad company or railroad companies its freight or passenger depots or stations, and its other terminal facilities located at any place where the line or lines of the railroad company or companies may terminate, or through which they may pass, and such lease may be upon such terms and for such time as may be agreed upon by the parties.
Acts 1893, ch. 11, § 3; Shan., § 2434; mod. Code 1932, § 4063; T.C.A. (orig. ed.), § 65-1405.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-106 - Lessee railroads - Guarantee of principal and interest of bonds and other contracts

Such railroad company or companies may severally or jointly, or jointly and severally, guarantee the principal and interest of such bonds as may be issued by the railroad terminal corporation, and may in like manner guarantee the performance of any other contract that the railroad terminal corporation may make in regard to its corporate business.
Acts 1893, ch. 11, § 3; Shan., § 2435; mod. Code 1932, § 4064; T.C.A. (orig. ed.), § 65-1406.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 14 - TERMINAL COMPANIES (§§ 65-14-101 — 65-14-107) › Section 65-14-107 - Lessee railroads - Authority to subscribe, hold, and dispose of stock or bonds of terminal corporations

Any such railroad company or companies may also subscribe, hold, and dispose of the capital stock or bonds which may be issued by the railroad terminal corporation.
Acts 1893, ch. 11, § 3; Shan., § 2436; mod. Code 1932, § 4065; T.C.A. (orig. ed.), § 65-1407.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-104 - Sight-seeing buses not exempt

Motor vehicles, for which passengers are solicited, and which are operated to and from points of interest in or near any city, and which, therefore, perform the same service as a sight-seeing bus, are not excepted from this part, and this part shall apply to such motor vehicles, whether the same be called "buses" or "for hire cars" or by any other name.
Acts 1933, ch. 119, § 2; C. Supp. 1950, § 5501.2; T.C.A. (orig. ed.), § 65-1504.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-105 - Interstate commerce and government business excepted

Neither this part nor any provision thereof shall be construed to regulate or apply to commerce with foreign nations, or commerce among the several states of the United States, or to business conducted for the government of the United States, except insofar as the same may be permitted under the Constitution of the United States and the acts of congress.
Acts 1933, ch. 119, § 19; C. Supp. 1950, § 5501.21 (Williams, § 5501.19); T.C.A. (orig. ed.), § 65-1505.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-107 - Interstate permits

(a)
It is unlawful for any motor carrier, contract hauler, or exempt for-hire motor carrier to use any of the public highways of this state for the transportation of persons or property, or both, in interstate or intrastate commerce, without first having received a permit from the department or from any state designated as the base jurisdiction state for that carrier pursuant to
49 U.S.C. § 11506
[omitted] as amended by § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991. Violators are subject to penalty pursuant to §
65-15-113
.
(b)
Such interstate permits, when issued, shall be subject to such rules and regulations as the department may thereafter legally prescribe.
Acts 1933, ch. 119, § 5; C. Supp. 1950, § 5501.5; impl. am. Acts 1955, ch. 69, § 1; Acts 1959, ch. 317, § 1; 1977, ch. 425, § 1; T.C.A. (orig. ed.), § 65-1507; Acts 1993, ch. 327, §§ 1, 2; 1995, ch. 305, §§ 30, 31; 1999, ch. 97, §§ 6 - 8.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-108 - Void and unenforceable covenants, promises, agreements or understandings concerning motor carrier transportation contracts

(a)
A covenant, promise, agreement or understanding in or in connection with or collateral to a motor carrier transportation contract purporting to indemnify the promisee against liability for damages resulting from the negligence of the promisee, the promisee's agents or employees, or indemnitee, is against public policy and is void and unenforceable.
(b)
Subsection (a) shall not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.
Acts 2008, ch. 636, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-110 - [For contingent operation, see the Compiler's Notes.] Liability insurance requirements

(a)
No interstate or intrastate permit shall be issued by the department until such carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance or bond and also, in the case of intrastate common carriers, a policy of cargo or passenger insurance in some reliable insurance company or association or other insurer satisfactory to the department and authorized to transact insurance business in this state, in such amount and such forms and upon such conditions as the department may deem necessary to adequately protect the interests of the public in the use of the public highway and with due regard to the number of persons and the amount of property to be transported, which liability or cargo insurance shall bind the obligors thereunder to make compensation for injury to persons, and loss of or damage to property resulting from the negligent operation by such motor carrier or contract hauler. No other or additional policies of insurance, bonds, or licenses than those prescribed herein shall be required of any motor carrier or contract hauler to which this chapter applies by any city, town or other subdivision of this state; provided, that this section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of this state, to levy and collect any lawful tax to which such motor carrier or contract hauler is liable under the general revenue laws of this state within such county, state or other civil subdivision.
(b)
[For contingent operation, see the Compiler's notes.]
Any operator of a whitewater rafting outfitting company or other paddle and floating water activity operator who provides services to consumers on intrastate waterways and who transports customers distances not to exceed twenty-five (25) miles by motor carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance in the amount of not less than one million dollars ($1,000,000). Such policy of insurance shall meet the requirements of subsection (a) and shall bind the obligors thereunder to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by such operator.
Acts 1933, ch. 119, § 9; C. Supp. 1950, § 5501.10 (Williams, § 5501.9); impl. am. Acts 1955, ch. 9, § 1; T.C.A. (orig. ed.), § 65-1512; Acts 1995, ch. 305, § 30; 1999, ch. 97, § 15; 2001, ch. 190, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-112 - Inspection, control, and supervision fee - Motor vehicle account

(a)
(1)
Beginning January 1, 1994, for that calendar year and each calendar year thereafter, every freight motor vehicle required to register with the state pursuant to §
55-4-113
, with the exception of those vehicles described in §
55-4-113(a)(3)
, shall pay a safety inspection fee. This safety inspection fee shall provide a means for the state to exercise its police powers in order to protect the highways, and to promote the safety of the traveling public by the regulation of the use of and safe operation of such vehicles over the highways. This safety inspection fee shall be an amount equal to two and one-half percent (2.5%) of the vehicle registration fees prescribed in §
55-4-113
, for those freight motor vehicles subject to the fee. This fee to the department of safety shall be paid in addition to all property, franchise, license, or other taxes, fees and charges assessed or charged by law against the vehicle.
(2)
This safety inspection fee shall be paid annually as a part of the registration taxes due to the state for such freight motor vehicles. This fee shall be remitted to the department of revenue and shall be paid over to the department of safety for use in accordance with this section.
(b)
It is the duty of the department of safety to keep separate account of the safety inspection fees paid over to it by the department of revenue and to segregate them in an account to be known as the "motor vehicle account." Any funds remaining in the motor vehicle account at the end of the year shall be carried over from year to year and expended only for the purposes specified in this part.
(c)
The department of revenue shall not issue or renew a certificate of registration or permit for any freight motor vehicle that fails to pay the annual safety inspection fee.
(d)
A lien is declared, and shall exist, upon all the property of each such certificate or permit holder, which shall be used upon the highways of this state, and upon which such fees shall be properly payable, for the payment of the fees prescribed by this part, together with all penalties accruing hereunder, which lien shall be superior to all other liens, except federal, state, county and municipal taxes.
(e)
All fines levied by the department of safety as well as all fees and penalties collected by the department of safety under this part shall be paid into the state treasury to the credit of the motor vehicle account, and used to defray the expenses incurred by the department in the enforcement of this part.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-113 - Penalties for violations

(a)
Notwithstanding chapter 591, § 113 of the Public Acts of 1989, every officer, agent or employee of any corporation, or any other person who knowingly violates or fails to comply with or who procures, aids or abets in the violation of this part, commits a Class B misdemeanor, and upon conviction thereof for the first offense shall be punished by a fine of not less than twenty-five dollars ($25.00), for the second offense shall be punished by a fine of not less than fifty dollars ($50.00), and for the third offense be punished by a fine not less than one hundred dollars ($100). Each day any such provision is violated is a separate offense.
(b)
Every officer, agent or employee of any corporation and every other person who knowingly fails to obey, observe or comply with any order, decision, rule, regulation, direction, demand or requirement of the department made in pursuance of the power and authority conferred by this part, commits a Class B misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not to exceed six (6) months, or both, in the discretion of the court. Each day any such order, decision, rule or regulation, etc., of the department of safety is violated, is a separate offense. The fact that there may have been a prosecution for the violation of any such order, decision, rule or regulation, etc., of the department of safety under this section does not operate to prevent or limit the commissioner of safety from requesting that the commissioner of revenue suspend or revoke the interstate permit or intrastate permit, or both, as provided in this part and, upon receipt of such a request from the commissioner of safety, the commissioner of revenue shall immediately make the suspension or revocation requested.
Acts 1933, ch. 119, § 11; C. Supp. 1950, § 5501.12 (Williams, § 5501.11); Acts 1972, ch. 632, §§ 1-4; 1979, ch. 424, § 3; T.C.A. (orig. ed.), § 65-1515; Acts 1985, ch. 111, § 1; 1988, ch. 817, §§ 5, 6; 1993, ch. 270, § 1; 1993, ch. 327, § 5; 1994, ch. 705, §§ 1, 2; 1995, ch. 305, § 30; 1999, ch. 97, §§ 18, 19; 2005, ch. 400, § 1; 2007 , ch. 484, § 101; 2010 , ch. 986, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-115 - Powers and duties - Citizen transportation area

(a)
Upon petition by a county mayor or the legislative body of any county, the department of safety is authorized to designate that county a "citizen transportation area" authorizing the use of church buses, privately owned school buses, and private citizens to carry passengers for compensation within the boundaries of the county.
(b)
The department of safety in designating the county a "citizen transportation area" shall consider the availability of regular fixed route bus service to the area, the charter service actually provided to the citizens of the area by the existing franchised carriers, the potential service available to the community if regulatory requirements were relaxed, and whether the transportation needs of the citizens of that area are best met by the existing regulatory statutes.
(c)
The designation shall continue until revoked by the department of safety upon due notice and an opportunity to be heard.
(d)
However, the department of safety may inspect vehicles for purpose of safety and vehicles shall be subject to §
65-15-111
.
Acts 1977, ch. 279, § 1; 1978, ch. 934, § 21; T.C.A., §§ 5-619, 5-6-119; Acts 1995, ch. 305, § 30; 2003, ch. 90, § 2; 2007, ch. 484, § 105.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-116 - Passenger transportation services

(a)
Notwithstanding this title or title 7, chapter 51, to the contrary, each for-hire motor carrier providing passenger transportation service in a motor vehicle or motor vehicles designed or constructed to accommodate and transport passengers, eight (8) or more in number, services exclusive of the driver, or any motor vehicle transporting passengers who are TennCare enrollees eligible for such transportation services under TennCare, excluding those vehicles licensed and permitted pursuant to title 68, chapter 140, part 3, shall at a minimum:
(1)
Maintain a policy of liability insurance in the amount of not less than one million dollars ($1,000,000) in value, which shall bind the obligors under the policy to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by the driver, unless the transportation provider is a self insured local government or public transportation provider;
(2)
Conduct a program of mandatory random drug testing for the operators of its motor vehicles in accordance with regulations promulgated by the United States department of transportation;
(3)
Require the operators of its motor vehicles to submit to physical examination every two (2) years, in accordance with regulations promulgated by the United States department of transportation;
(4)
Subject each transportation provider operating in the capacity as a passenger transportation service to an annual safety examination compliance review to be conducted by the department of safety. For purposes of this section, "compliance review" means reviewing:
(A)
Proof of insurance or self insured status;
(B)
Employee random drug testing documents;
(C)
Employee physical examination documents; and
(D)
Vehicle maintenance records; and
(5)
Comply with all other requirements deemed necessary to protect the public safety and welfare as specified by the department of safety in its promulgation of rules and regulations to effectuate such purpose.
(b)
The commissioner of safety is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2007, ch. 329, §§ 1, 2; 2009, ch. 321, § 29; 2010, ch. 1013, § 1; 2012, ch. 539, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 1 - GENERAL PROVISIONS (§§ 65-15-101 — 65-15-117) › Section 65-15-117 - Motor carrier safety improvement

(a)
The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a jointly employed employee, under any state law.
(b)
For purposes of this section, "motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate any of the following:
(1)
Compliance with traffic safety or motor carrier safety laws;
(2)
Safety of a motor vehicle;
(3)
Safety of the operator of a motor vehicle; or
(4)
Safety of third-party users of public roadways.
Added by 2019 Tenn. Acts, ch. 97,s 1, eff. 3/28/2019.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 2 - VOLUNTARY SAFETY INSPECTION (§§ 65-15-201 — 65-15-203) › Section 65-15-201 - Request for inspection - Fee - Citing for violations

Any corporation, partnership, person or other entity that owns or operates a motor vehicle domiciled in Tennessee and under the jurisdiction of the department and not subject to the inspection fee prescribed in §
65-15-112
, may request an on-site inspection by department enforcement officers for the purpose of conducting a safety management audit and for the purpose of inspecting all vehicles subject to the department's jurisdiction. This request shall be in writing and sent certified mail, return receipt requested. The cost of such inspection shall be four dollars ($4.00) per vehicle. All vehicles which pass inspection shall be issued a safety sticker which shall be valid for that quarter of the year in which the sticker was issued. During the on-site inspection, no criminal citation shall be issued except for flagrant safety management violations about which the violator has previously been warned by the department. If the department fails to send an enforcement officer for the purposes of conducting this inspection within thirty (30) days from the receipt of the letter requesting same, the entity requesting the inspection shall be exempt from penalties for mechanical defects, and no citations may be issued for mechanical defects until the on-site inspection has been performed.
Acts 1986, ch. 748, § 1; 1995, ch. 305, § 30.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 2 - VOLUNTARY SAFETY INSPECTION (§§ 65-15-201 — 65-15-203) › Section 65-15-202 - Effect of valid safety sticker

In enforcing its jurisdiction under this part, the department shall give appropriate consideration to vehicles marked with a valid safety sticker in accordance with the guidelines set forth by the Commercial Vehicle Safety Alliance in its Memorandum of Understanding dated July 10, 1985, and subsequent amendments to such Memorandum of Understanding.
Acts 1986, ch. 748, § 8; 1995, ch. 305, § 30.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 2 - VOLUNTARY SAFETY INSPECTION (§§ 65-15-201 — 65-15-203) › Section 65-15-203 - Penalty for violation of hours-of-service standards

In fixing a civil or criminal penalty for violators of the hours of service standards set forth in the department's rules against any person operating a motor vehicle marked with a valid safety sticker, the department or court shall take into account whether the violation occurred as a result of an emergency condition beyond the control of the violator.
Acts 1986, ch. 748, § 3; 1995, ch. 305, § 30.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 3 - TRANSPORTATION NETWORK COMPANIES (§§ 65-15-301 — 65-15-311) › Section 65-15-301 - Part definitions

As used in this part:
(1)
"Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers;
(2)
"Personal vehicle" means a vehicle that is used by a transportation network company driver and is:
(A)
Owned, leased, or otherwise authorized for use by the transportation network company driver; and
(B)
Not a taxicab, limousine, or for-hire vehicle;
(3)
"Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include:
(A)
Shared expense carpool or vanpool arrangements provided by businesses engaged in the rental of motor vehicles; or
(B)
Transportation provided using a taxi, limousine, or other for-hire vehicle regulated pursuant to §
7-51-1003
;
(4)
"Transportation network company" means a corporation, partnership, sole proprietorship, or other entity operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
(5)
"Transportation network company driver" or "driver" means an individual who:
(A)
Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(B)
Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee; and
(6)
"Transportation network company rider" or "rider" means a person or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.
Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 3 - TRANSPORTATION NETWORK COMPANIES (§§ 65-15-301 — 65-15-311) › Section 65-15-302 - Laws and regulations applicable to transportation network companies

(a)
Except as otherwise provided in this part, transportation network companies are governed exclusively by this part.
(b)
A transportation network company shall not be deemed to own, control, operate, or manage the personal vehicles used by transportation network company drivers and is not deemed to control or manage transportation network company drivers.
(c)
A transportation network company is not subject to any regulations passed by a municipality or other governmental entity governing private passenger for-hire vehicles pursuant to §
7-51-1003
and is not subject to the authority of the department of safety to regulate passenger operations pursuant to part 1 or 2 of this chapter. A transportation network company driver is not a chauffeur as defined in §
55-50-102
and is not subject to the requirements relating to commercial driver licenses or commercial vehicles covered under title 55, chapter 50.
(d)
Commercial service airports shall have authority to adopt reasonable standards, regulations, procedures, and fees for conducting transportation network services on airport property to promote the safe and efficient use of limited airport resources.
Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 15 - MOTOR CARRIERS (§§ 65-15-101 — 65-15-311) › Part 3 - TRANSPORTATION NETWORK COMPANIES (§§ 65-15-301 — 65-15-311) › Section 65-15-303 - Agent for service

A transportation network company shall maintain an agent for service of process in this state.
Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.