Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0728 Compare Versions

Only one version of the bill is available at this time.

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 728
5	5	By Lowe
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7	7
8	8	SB0728
9	9	002747
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12	12	AN ACT to amend Tennessee Code Annotated, Title 55,
13	13	relative to utility terrain vehicles.
14	14
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Section 55-8-185, is amended by deleting the
17	17	section and substituting instead the following:
18	18	(a) For the purposes of this section, "utility terrain vehicle" means:
19	19	(1) A low speed vehicle;
20	20	(2) A medium speed vehicle;
21	21	(3) A Class I off-highway vehicle;
22	22	(4) A Class II off-highway vehicle; or
23	23	(5) An all-terrain vehicle.
24	24	(b) In order to operate a utility terrain vehicle under this section:
25	25	(1) The utility terrain vehicle must be titled and registered in accordance
26	26	with chapters 3 and 4 of this title;
27	27	(2) The utility terrain vehicle must be covered by a liability policy that
28	28	meets the requirements of the financial responsibility law in chapter 12, part 1 of
29	29	this title;
30	30	(3) The operator must be sixteen (16) years of age or older;
31	31	(4) The operator must possess a valid driver license, which does not
32	32	include a permit;
33	33	(5) The operator and all passengers must be wearing a helmet that
34	34	meets the requirements of § 55-9-302(a)(1)-(4), unless exempted under § 55-9-
35	35	302(b);
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40	40	(6) The utility terrain vehicle cannot be transporting any passenger that
41	41	requires a child passenger restraint system as required in § 55-9-602;
42	42	(7) The utility terrain vehicle must be operated only during daylight hours,
43	43	which includes the thirty (30) minutes before dawn and the thirty (30) minutes
44	44	after dusk, unless otherwise specified in this section; and
45	45	(8)
46	46	(A) If the utility terrain vehicle is equipped with any of the
47	47	following from the manufacturer, or added later, then they must be
48	48	operational and utilized at all times while operating the vehicle:
49	49	(i) Brakes;
50	50	(ii) At least two (2) taillights, stoplights, and headlights;
51	51	(iii) Two (2) turn signal lamps or other devices meeting the
52	52	requirements of § 55-8-144;
53	53	(iv) A horn meeting the requirements of § 55-9-201;
54	54	(v) A roll bar;
55	55	(vi) Seat belts for each seat;
56	56	(vii) A manufacturer-installed or equivalent spark arrester;
57	57	(viii) A manufacturer-installed or equivalent muffler in
58	58	proper working order and properly connected to the vehicle's
59	59	exhaust system; and
60	60	(ix) A windshield, with or without wipers, except, that if the
61	61	vehicle is not equipped with a windshield, then the operator and
62	62	each passenger shall wear glasses containing impact-resistant
63	63	lenses, safety goggles, or a face shield;
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68	68	(B) Operation of the following utility terrain vehicles are exempt
69	69	from the registration requirements of chapter 4, part 7 of this title, and
70	70	equipment and safety requirements of this section:
71	71	(i) A utility terrain vehicle operated on any private or public
72	72	recreational trail or area;
73	73	(ii) A utility terrain vehicle operated on an affiliated trail or
74	74	area operated by a person or entity which has in place a safety
75	75	program;
76	76	(iii) A utility terrain vehicle operated for agricultural
77	77	purposes; and
78	78	(iv) A publicly owned and operated utility terrain vehicle
79	79	that is used for wildlife management, law enforcement, emergency
80	80	services, or other such purposes;
81	81	(c)
82	82	(1) A utility terrain vehicle may be operated on any state highway or
83	83	county road in the state where the speed limit is forty-five miles per hour (45
84	84	mph) or less, and is not:
85	85	(A) A part of the interstate and national defense highway system;
86	86	(B) A controlled access highway;
87	87	(C) Prohibited by a county or municipality on any road under its
88	88	jurisdiction if the governing body of the county or municipality has
89	89	determined that the prohibition is necessary in the interest of safety; or
90	90	(D) Prohibited by the department of transportation on any road
91	91	under its jurisdiction if it has determined, in consultation with the
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96	96	department of safety, that the prohibition is necessary in the interest of
97	97	safety.
98	98	(2) A utility terrain vehicle operated on county roads pursuant to
99	99	subdivision (c)(1) may, for the purpose of crossing from one (1) road, field, or
100	100	area of operation to another, be operated upon a state highway or other
101	101	noncounty road with a speed limit in excess of forty-five miles per hour (45 mph),
102	102	except upon the interstate and national defense highway system, if:
103	103	(A) On a two-lane highway, only to cross the highway at an angle
104	104	of approximately ninety degrees (90°) to the direction of the roadway and
105	105	at a place where a quick and safe crossing may be made;
106	106	(B) With respect to the crossing of a highway having more than
107	107	two (2) lanes, or a highway having limited access, to cross these
108	108	highways in a quick and safe manner at a place designated by the
109	109	department of transportation or local government authorities, as
110	110	applicable, as a place where such utility terrain vehicles may cross the
111	111	highways and if the respective authorities erect appropriate signs of a
112	112	type approved by the department, at the designated crossing places;
113	113	(C) The utility terrain vehicle is brought to a complete stop before
114	114	crossing the shoulder or main traveled way of the highway;
115	115	(D) The operator yields the operator's right-of-way to all oncoming
116	116	traffic that constitutes an immediate potential hazard; and
117	117	(E) Both the headlights and taillights, if equipped, are illuminated
118	118	when the crossing is made.
119	119	(d) A utility terrain vehicle may be operated only at a rate not to exceed thirty-five
120	120	miles per hour (35 mph).
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125	125	(e) A person operating a utility terrain vehicle upon a county road pursuant to
126	126	this section shall obey all of the duties applicable to the driver of a motor vehicle under
127	127	part 1 of this chapter, and chapter 10, parts 1-5 of this title, except as to those provisions
128	128	that by their nature can have no application.
129	129	(f) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an
130	130	all-terrain vehicle may be operated or driven upon any unpaved streets, roads, or
131	131	highways, as designated specifically for such purpose upon two-thirds (2/3) vote by the
132	132	local governing body, within the boundaries of an adventure tourism district established
133	133	pursuant to title 11, chapter 11, part 2, if the all-terrain vehicle complies with the
134	134	following:
135	135	(1) The all-terrain vehicle is specifically restricted to only between one-
136	136	half (1/2) hour after sunrise and one-half (1/2) hour before sunset, and the
137	137	headlight and taillight must be illuminated during such operation;
138	138	(2) The operator and all passengers of an all-terrain vehicle shall wear a
139	139	helmet while driving or operating such vehicle on a street, road, or highway;
140	140	(3) Any additional safety requirements imposed by the local governing
141	141	body for all-terrain vehicle operation on streets, roads, or highways in such
142	142	jurisdiction; and
143	143	(4) An all-terrain vehicle must not be operated on any highway that is a
144	144	part of the interstate and defense highway system.
145	145	(g) A violation of this section is a Class C misdemeanor, punishable by a fine
146	146	only of fifty dollars ($50.00).
147	147	SECTION 2. Tennessee Code Annotated, Section 55-8-203, is amended by deleting the
148	148	section in its entirety.
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153	153	SECTION 3. Tennessee Code Annotated, Section 55-8-191, is amended by deleting the
154	154	section in its entirety.
155	155	SECTION 4. Tennessee Code Annotated, Section 55-1-125, is amended by deleting the
156	156	language "pursuant to § 55-8-191(b)(1)".
157	157	SECTION 5. Tennessee Code Annotated, Section 55-8-101(38), is amended by
158	158	deleting the language "pursuant to § 55-8-191(b)(1)".
159	159	SECTION 6. Tennessee Code Annotated, Section 55-50-102(37), is amended by
160	160	deleting the language "pursuant to § 55-8-191(b)(1)".
161	161	SECTION 7. Tennessee Code Annotated, Section 55-3-101(d), is amended by deleting
162	162	the language "§ 55-8-203" and substituting instead the language "§ 55-8-185".
163	163	SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.