SENATE BILL 728
By Lowe
HOUSE BILL 810
By Grills
HB0810
002747
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 55,
relative to utility terrain vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-8-185, is amended by deleting the
section and substituting instead the following:
(a) For the purposes of this section, "utility terrain vehicle" means:
(1) A low speed vehicle;
(2) A medium speed vehicle;
(3) A Class I off-highway vehicle;
(4) A Class II off-highway vehicle; or
(5) An all-terrain vehicle.
(b) In order to operate a utility terrain vehicle under this section:
(1) The utility terrain vehicle must be titled and registered in accordance
with chapters 3 and 4 of this title;
(2) The utility terrain vehicle must be covered by a liability policy that
meets the requirements of the financial responsibility law in chapter 12, part 1 of
this title;
(3) The operator must be sixteen (16) years of age or older;
(4) The operator must possess a valid driver license, which does not
include a permit;
- 2 - 002747
(5) The operator and all passengers must be wearing a helmet that
meets the requirements of § 55-9-302(a)(1)-(4), unless exempted under § 55-9-
302(b);
(6) The utility terrain vehicle cannot be transporting any passenger that
requires a child passenger restraint system as required in § 55-9-602;
(7) The utility terrain vehicle must be operated only during daylight hours,
which includes the thirty (30) minutes before dawn and the thirty (30) minutes
after dusk, unless otherwise specified in this section; and
(8)
(A) If the utility terrain vehicle is equipped with any of the
following from the manufacturer, or added later, then they must be
operational and utilized at all times while operating the vehicle:
(i) Brakes;
(ii) At least two (2) taillights, stoplights, and headlights;
(iii) Two (2) turn signal lamps or other devices meeting the
requirements of § 55-8-144;
(iv) A horn meeting the requirements of § 55-9-201;
(v) A roll bar;
(vi) Seat belts for each seat;
(vii) A manufacturer-installed or equivalent spark arrester;
(viii) A manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system; and
(ix) A windshield, with or without wipers, except, that if the
vehicle is not equipped with a windshield, then the operator and
- 3 - 002747
each passenger shall wear glasses containing impact-resistant
lenses, safety goggles, or a face shield;
(B) Operation of the following utility terrain vehicles are exempt
from the registration requirements of chapter 4, part 7 of this title, and
equipment and safety requirements of this section:
(i) A utility terrain vehicle operated on any private or public
recreational trail or area;
(ii) A utility terrain vehicle operated on an affiliated trail or
area operated by a person or entity which has in place a safety
program;
(iii) A utility terrain vehicle operated for agricultural
purposes; and
(iv) A publicly owned and operated utility terrain vehicle
that is used for wildlife management, law enforcement, emergency
services, or other such purposes;
(c)
(1) A utility terrain vehicle may be operated on any state highway or
county road in the state where the speed limit is forty-five miles per hour (45
mph) or less, and is not:
(A) A part of the interstate and national defense highway system;
(B) A controlled access highway;
(C) Prohibited by a county or municipality on any road under its
jurisdiction if the governing body of the county or municipality has
determined that the prohibition is necessary in the interest of safety; or
- 4 - 002747
(D) Prohibited by the department of transportation on any road
under its jurisdiction if it has determined, in consultation with the
department of safety, that the prohibition is necessary in the interest of
safety.
(2) A utility terrain vehicle operated on county roads pursuant to
subdivision (c)(1) may, for the purpose of crossing from one (1) road, field, or
area of operation to another, be operated upon a state highway or other
noncounty road with a speed limit in excess of forty-five miles per hour (45 mph),
except upon the interstate and national defense highway system, if:
(A) On a two-lane highway, only to cross the highway at an angle
of approximately ninety degrees (90°) to the direction of the roadway and
at a place where a quick and safe crossing may be made;
(B) With respect to the crossing of a highway having more than
two (2) lanes, or a highway having limited access, to cross these
highways in a quick and safe manner at a place designated by the
department of transportation or local government authorities, as
applicable, as a place where such utility terrain vehicles may cross the
highways and if the respective authorities erect appropriate signs of a
type approved by the department, at the designated crossing places;
(C) The utility terrain vehicle is brought to a complete stop before
crossing the shoulder or main traveled way of the highway;
(D) The operator yields the operator's right-of-way to all oncoming
traffic that constitutes an immediate potential hazard; and
(E) Both the headlights and taillights, if equipped, are illuminated
when the crossing is made.
- 5 - 002747
(d) A utility terrain vehicle may be operated only at a rate not to exceed thirty-five
miles per hour (35 mph).
(e) A person operating a utility terrain vehicle upon a county road pursuant to
this section shall obey all of the duties applicable to the driver of a motor vehicle under
part 1 of this chapter, and chapter 10, parts 1-5 of this title, except as to those provisions
that by their nature can have no application.
(f) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an
all-terrain vehicle may be operated or driven upon any unpaved streets, roads, or
highways, as designated specifically for such purpose upon two-thirds (2/3) vote by the
local governing body, within the boundaries of an adventure tourism district established
pursuant to title 11, chapter 11, part 2, if the all-terrain vehicle complies with the
following:
(1) The all-terrain vehicle is specifically restricted to only between one-
half (1/2) hour after sunrise and one-half (1/2) hour before sunset, and the
headlight and taillight must be illuminated during such operation;
(2) The operator and all passengers of an all-terrain vehicle shall wear a
helmet while driving or operating such vehicle on a street, road, or highway;
(3) Any additional safety requirements imposed by the local governing
body for all-terrain vehicle operation on streets, roads, or highways in such
jurisdiction; and
(4) An all-terrain vehicle must not be operated on any highway that is a
part of the interstate and defense highway system.
(g) A violation of this section is a Class C misdemeanor, punishable by a fine
only of fifty dollars ($50.00).
- 6 - 002747
SECTION 2. Tennessee Code Annotated, Section 55-8-203, is amended by deleting the
section in its entirety.
SECTION 3. Tennessee Code Annotated, Section 55-8-191, is amended by deleting the
section in its entirety.
SECTION 4. Tennessee Code Annotated, Section 55-1-125, is amended by deleting the
language "pursuant to § 55-8-191(b)(1)".
SECTION 5. Tennessee Code Annotated, Section 55-8-101(38), is amended by
deleting the language "pursuant to § 55-8-191(b)(1)".
SECTION 6. Tennessee Code Annotated, Section 55-50-102(37), is amended by
deleting the language "pursuant to § 55-8-191(b)(1)".
SECTION 7. Tennessee Code Annotated, Section 55-3-101(d), is amended by deleting
the language "§ 55-8-203" and substituting instead the language "§ 55-8-185".
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.