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PUBLIC CHAPTER NO. 255
SENATE BILL NO. 728
By Lowe, Jackson, Rose
Substituted for: House Bill No. 81 O
By Grills, Warner, Cochran, Todd, McCalmon, Vital, Capley, Crawford, Howell
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 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;
(5) Unless exempted under§ 55-9-302(b), the operator and each passenger
must wear a helmet that meets the standards contained in 49 CFR 571.218, or, if the
driver or passenger is twenty-one (21) years of age or older, a helmet meeting the
standards described in § 55-9-302(a)(1 )-(4); provided, that operation on a county road
of a utility terrain vehicle that is a Class I or Class II off-highway vehicle is exempt from
the requirement of this subdivision (b)(5);
(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; provided, that this subdivision (b)(7) does not
apply to:
(A) A utility terrain vehicle operated for agricultural purposes; or
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(8) A publicly owned and operated utility terrain vehicle that is used for
wildlife management, law enforcement, emergency services, or other such
purposes; 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 each
passenger shall wear glasses containing impact-resistant lenses,
safety goggles, or a face shield;
(8) 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 where the speed
limit is forty-five miles per hour (45 mph) or less or any county road in the state, and is
not:
(A) A part of the interstate and national defense highway system;
(8) 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
(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 o~her 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: •
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(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.
(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 state highway or 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 th~t by their nature can have no application.
(f) Notwithstanding subsection (c), a utility terrain vehicle in compliance with
subsections (b) and (d) may also be operated on the following:
(1) Within the jurisdiction of Scott County:
(A) Oneida & Western (O&W) Railroad Road from its intersection with
Verdun Road southwestward to its terminus; and
(B) State Route 63 between U.S. Highway 27 and Annadell Road
within the jurisdiction of the Town of Huntsville in Scott County on any two (2)
weekends per year during the hours of daylight, which includes the thirty (30)
minutes before dawn and the thirty (30) minutes after dusk; except, that during
one (1) day on each weekend, the off-highway vehicles may be operated
during the hours of daylight or nighttime until twelve o'clock (12:00) midnight.
The operation pursuant to this subdivision (f)(1 )(B) shall be approved by a
two-thirds (2/3) vote of the local le_gislative body of the municipality and
monitored by a local law enforcement agency. Any local legislative body that
has approved the operation of the vehicles pursuant to this subdivision
(f)(1 )(8) as it existed prior to April 28, 2017, shall not be required to resubmit
and reapprove the operation pursuant to this subdivision (f)(1 )(8) on or after
April 28, 2017;
(2) Within the jurisdiction of Anderson County:
(A) State Route 62 from its intersection with Wind Rock Road
westward to its intersection with Winter Gap Road, then southeastward on
Winter Gap Road to its intersection with State Route 61 (Railroad Avenue),
then eastward on State Route 61 (Railroad Avenue) to its intersection with
State Route 62, within the· jurisdiction of Oliver Springs in Anderson County;
provided, that the operation is approved by a two-thirds (2/3) vote of the local
legislative body of the municipality and monitored by a local law enforcement
agency;
(B) State Route 330 from its intersection with State Route 62 westward
to its intersection with State Route 61, then southwestward on West Spring
•Street to its intersection with Winter Gap Road, within the jurisdiction of Oliver
,Springs in Anderson County; provided, that the operation is approved by a
•two-thirds (2/3) vote of the local legislative body of the municipality and
monitored by a local law enforcement agency;
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(C) State Route 330 from its intersection with Hoskins Gap Road in
Anderson County westward to its intersection with Railroad Avenue and then
north and westward to its intersection with Winter Gap Road in the jurisdiction
of Oliver Springs in Roane County;
(D) Windrock Road between Main Street and Hoskins Valley Road;
(E) Hoskins Valley Road between Windrock Road and Hoskins Gap
Road;
(F) Hoskins Gap Road between Hoskins Valley Road and Frost
Bottom Road;
(G) State Route 116 from its intersection with Beech Grove Lane to its
intersection with U.S. Highway 25W;
(H) State Route 116 (U.S. Highway 25W) from its intersection with
Colonial Lane southward to its intersection with Jacksboro Avenue;
(I) Mountainside Lane from 120 Mountainside Lane to its intersection
with Colonial Lane, and then southeastward on Colonial Lane to its
intersection with State Route 116 (U.S. Highway 25W);
(J) Boling Road from 167 Boling Road to its intersection with Railroad
Avenue, then southward on Railroad Avenue to its intersection with Norris
Freeway (U.S. Highway 441 ), and then eastward on Norris Freeway (U.S.
Highway 441) to its intersection with State Route 116 (U.S. Highway 25W);
(K) State Route 116 (U.S. Highway 25W) from its intersection with
Fork Mountain Road to its intersection with Windrock Trail, which is
designated by the wildlife resources agency as G-71;
(L) State Route 116 (U.S. Highway 25W) from its intersection with
Colonial Lane to its intersection with Better Chance Road;
(M) U.S. Highway 441 (Norris Freeway) from its intersection with State
Route 116 (U.S. Highway 25W) to 709 Norris Freeway;
(N) State Route 116 from its intersection with State Route 330 to its
intersection with Windrock Park Trail 74; and
(0) State Route 116 from its intersection with State Route 330 to its
intersection with Windrock Park Trail 75;
(3) Within the jurisdiction of Campbell County:
(A) State Route 63 from its intersection with Ershell Collins Road West
to its intersection with Titus Hollow Road;
(8) State Route 63 from its intersection with Old Stinking Creek Road
West to its intersection with Old Highway 63;
(C) State Route 116 from its intersection with U.S. Highway 25W
(State Route 9) West to its intersection with Better Chance Road;
(D) U.S. Highway 25W (State Route 9) from its intersection with State
Route 116 to its intersection with Dogwqod Road;
(E) U.S. Highway 25W (State Route 9) from its intersection with North
Tennessee Avenue to its intersection with Ivy Dale Road;
(F) U.S. Highway 25W (State Route 9) from its intersection with
McClouds Trail to 4267 U.S. Highway 25W South, which segment is
approximately two and one-half (2.5) miles long;
(G) U.S. Highway 25W (State Route 9) from its intersection with Elk
Tower on Austin Powder Road to the Peabody Convenience Center;
(H) U.S. Highway 25W (State Route 9) from its intersection with
Highcliff Road to 'its intersection with the Kentucky state line at State Street;
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(I) State Route 297 from its intersection with U.S. Highway 25W to its
intersection with London Avenue;
(J) State Route 297 from its intersection with Woolridge Pike to its
intersection with Whistle Creek Road; and
(K) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow
Road;
(4) Within the jurisdiction of Morgan.Co_unty:
(A) State Route 116 from its intersection with Rattlesnake Ridge Road,
which is approximately one and two-tenths (1.2) miles north of State Route 62,
then northward on State Route 116 for approximately three and four-tenths
(3.4) miles to its intersection with the walking trails of Frozen Head State Park
and Trail 27 of Wind Rock Park, within Morgan County between the hours of
eight o'clock a.m. (8:00 a.m.} and eight o'clock p.m. (8:00 p.m.);
(8) State Route 329 from its intersection with U.S. Highway 27 to 849
Deer Lodge Highway, within the jurisdiction of the City of Sunbright;
(C) Old Burrville Road, which is approximately one-half (.5) mile in
length, within the jurisdiction of the City of Sunbright;
(D) Dyna Tex Road, which is approximately one (1) mile in length,
within the juris_diction of the City of Sunbright;
(E) Mill Creek Road, the portion of which is within the jurisdiction of the
City of Sunbright; .and
(F) U.S. Highway 27 from its junction with Mill Road northward to its
junction with State Route 62;
(5) Within the jurisdiction of Jackson County, the portion of State Route 53
beginning from the Granville Marina and Resort and ending at the Sutton Homestead
in the Town of Granville;
(6) Within the jurisdiction of Johnson County:
(A) State Route 167 from mile marker 10 to mile marker 13;
(8) State Route 133 from its intersection with U.S. Highway 421 to the
Tennessee-Virginia state line;
(C) U.S. Highway 421 from the Mountain City limits to its intersection
with Corner Road; •
(D) State Route 167 from its intersection with Rainbow Road to its
intersection with Dotson Lane, within the jurisdiction of Mountain City, which
segment is approximately one-half (.5) mile; and
(E) State Route 167 from the entrance of the Roan Creek Campground
to Doe Mountain, which segment is approximately one-half (.5) mile;
(7) Within the jurisdiction of Perry County, the portion of State Route 13 from
the Wayne County - Perry County boundary to its intersectionwith Turnbo Lane;
(8) Within the jurisdiction of Unicoi County:
(A) State Route 173 (Simerly Creek Road) from its intersection with
State Route 107 to its intersection with Old Iron Mountain Road;
(8) State Route 107 from its intersection with State Route 173 (Simerly
Cr~ek Road) eastward to its intersection with Lower Stone Mountain Road,
which is near Deer Haven Road; and
(C) State Route 107 from its intersection with Cross Road to its
intersection with Red Fork Road;
(9) Within the jurisdiction of Fentress County:
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(A) State Route 154 from its intersection with Black House Mountain
Road southward to its intersection with Laurel Creek Campground Road, then
continuing on Laurel Creek Campground Road and ending at the
campground; and
(8) State Route 297 beginning at its intersection with State Route 154
and ending at Station 11 of the Fentress County fire department, which
segment is approximately eight-tenths (.8) of a mile in length; and
(10) Within the jurisdiction of Hickman County:
(A) State Route 48 North from its intersection with State Route 100 to
its intersection with Piney River Road, which is approximately eight and
seven-tenths (8. 7) miles;
(8) State Route 100 from its intersection with North Tidwell Road to its
intersection with Wrigley Road, which is approximately four and one-tenth
(4.1) miles; and
(C) State Route 230 West from its intersection with Dodd Hollow Road
to its intersection with East Sugar Creek Road, which is approximately one
and nine-tenths (1.9) miles.
(g) In addition to subsections (a)-(d), notwithstanding any law to the contrary, a utility
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 utility terrain vehicle complies with the following:
(1) The utility 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 a utility 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 utility terrain vehicle operation on streets, roads, or highways in such jurisdiction;
and •
(4) A utility terrain vehicle must not be operated on any highway that is a part
of the interstate and defense highway system.
(h) Operation of the following utility terrain vehicles are exempt from subsection (g):
(1) Utility terrain vehicles operated for agricultural purposes; and
(2) Publicly owned and operated utility terrain vehicles that are used for
wildlife management, law enforcement, emergency services, and other such
purposes.
(i) A violation of this section is a Class C misdemeanor, punishable by a fine only of
fifty dollars ($50.00).
0)(1) By October 1, 2025, and upon notice or determination of a prohibition thereafter,
the department of safety, in consultation with the department of transportation, shall
compile, and both departments shall publish to their websites, a list of highways and
roads:
(A) That are part of the interstate and national defense highway
system;
(8) Where operation of a utility terrain vehicle is prohibited by a county
or municipality pursuant to subdivisions (c)(1 )(C) and 0)(2); and
(C) Where operation of a utility terrain vehicle is prohibited by the
department pursuant to subdivision (c)(1 )(D).
(2) A county or municipality may prohibit the operation of a utility terrain
vehicle on a road under its jurisdiction in accordance with subdivi~ion (c)(1 )(C) with
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the adoption of a resolution or ordinance, as appropriate, and the submission of a
copy of the resolution or ordinance to the department of safety. •
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)" and substituting instead the language", except as provided
in§ 55-8-185".
SECTION 5. Tennessee Code Annotated, Section 55-8-101 (38), is amended by deleting the
language "pursuant to§ 55-8-191(b)(1)" and substituting instead the language", except as provided
in § 55-8-185".
SECTION 6. Tennessee Code Annotated, Section 55-50-102(37), is amended by deleting
the language "pursuant to § 55-8-191(b)(1)" and substituting instead the language ", except as
provided in § 55-8-185".
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 upon becoming a law, the public welfare requiring it.
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SENATE BILL NO. 728
PASSED: April 14, 2025
RANDYIMcNALLY
SPEAKER OF THE SENATE
CAMEReH'SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this J_ytJ.. day of /Jpn'\ 2025
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