Motorcycle - Children- Off-highway Motor Vehicles by Minors
     
TCA - 55-52-201 - Child Safety in Operation of Off-Highway Motor Vehicle
 
TCA 55-52-202 Penalty for Operation of Off-Highway Motor Vehicles by Minors - Defenses
     
TCA 55-50-312 - Licensing of Minor (Motor-driven cycle)  
     
 
TCA 55-50-312 Amendment - Raises Minimum Age of Minor from 14 to 15. (House Bill No. 2994 & Senate Bill No. 3159)
     
Motorcycle Law Information
     
TCA - 55-8-164 - Riding on Motorcycle
     
TCA - 55-8-110 - Traffic Control Signals - Inoperative
 
TCA - 55-8-182 - Riding On Laned Roadways
     
TCA - 55-10-205 - Motorcycle Reckless Driving - Front Tire Off the Ground
     
TCA 55-50-312 - Licensing of Minors   
   
   Amendment to TCA 55-50-312 Raises Minimum Age of Minor from 14 to 15. (House Bill No. 2994 & Senate Bill No. 3159)
     
Motorcycle Equipment on Motorcycles and Motor Driven Cycles
 
TCA - 55-9-302 - Motorcycle Helmet Required for Driver and Passenger
 
TCA - 55-9-303 - Seat for Passenger
 
TCA - 55-9-304 - Windshields — Safety Goggles, Face Shields or Glasses
 
TCA - 55-9-305 - Rearview Mirrors and Footrests
 
TCA - 55-9-306 - Violation of this part — Penalty
 
TCA - 55-9-307 - Parent or Guardian Knowingly Permitting Minor to Violate this Part — Penalty
 
TCA - 55-9-308 - Part Inapplicable to Autocycles
 
Motorcycle Rider Education Program (Title 55, Chapter 51)
 
TCA - 55-51-102 - Rider Education Program
 
TCA - 55-51-103 - Rider Education Program
 

TCA - 55-51-106 - Insurance Discount

     
For information on Tennessee's Program, please call 1.615.232.2913.
 

 

 

55-8-110. Traffic-control signals — Inoperative signals with vehicle detection devices for motorcycles — Right of way at signals inoperative due to mechanical failure or accident. — Citations based on surveillance cameras

(a) Whenever traffic is controlled by traffic-control signals exhibiting the words “Go,” “Caution” or “Stop,” or exhibiting different colored lights successively one (1) at a time, or with arrows, the following colors only shall be used and the terms and lights shall indicate and apply to drivers or vehicles and pedestrians as follows:

(1) Green alone or “Go”:

(A) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited; and

(B) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk;

(2) Yellow alone or “Caution,” when shown following the green or “Go” signal:

(A) Vehicular traffic facing the signal is thereby warned that the red or “Stop” signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or cross the intersection when the red or “Stop” signal is exhibited; and

(B) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles;

(3) Red alone or “Stop”:

(A) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or “Go” is shown alone. A right turn on a red signal shall be permitted at all intersections within the state; provided, that the prospective turning car shall come to a full and complete stop before turning and that the turning car shall yield the right-of-way to pedestrians and cross traffic traveling in accordance with their traffic signal. However, such turn will not endanger other traffic lawfully using the intersection. A right turn on red shall be permitted at all intersections, except those that are clearly marked by a “No Turns On Red” sign, which may be erected by the responsible municipal or county governments at intersections which they decide require no right turns on red in the interest of traffic safety;

(B) No pedestrian facing such signal shall enter the roadway unless such entry can be made safely and without interfering with any vehicular traffic; and

(C) A left turn on a red or stop signal shall be permitted at all intersections within the state where a one-way street intersects with another one-way street moving in the same direction into which the left turn would be made from the original one-way street. Before making such a turn, the prospective turning car shall come to a full and complete stop and shall yield the right-of-way to pedestrians and cross traffic traveling in accordance with the traffic signal so as not to endanger traffic lawfully using the intersection. A left turn on red shall be permitted at any applicable intersection except that clearly marked by a “No Turn on Red” sign, which may be erected by the responsible municipal or county governments at intersections which such governments decide require no left turns on red in the interest of traffic safety;

(4) Red with green arrow:

(A) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and

(B) No pedestrian facing such signal shall enter the roadway unless such entry can be made safely and without interfering with any vehicular traffic;

(5) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal;

(6) The operator of any streetcar shall obey the above signals as applicable to vehicles;

(7) All electric highway, street and road vehicular traffic-control signals in Tennessee shall have a uniform arrangement of the colored lenses in the various signal faces of such signals, as follows: In each signal face, all red lenses in vertical signals shall be located above all yellow and green lenses, and in horizontal signals, to the left of all yellow and green lenses. Yellow lenses shall be located between any red lens or lenses and all other lenses; and

(8) Whenever in this state three-light traffic-control signals are used displaying successively green, yellow, and red lights for the direction of motorists and pedestrians, the minimum time exposure of the yellow light shall be three (3) seconds. Any state agency or any political subdivision of the state that installs, owns, operates, or maintains any such traffic-control signal light shall set or cause to be set the timing-control device for any such signal light in compliance with this subdivision (a)(8).

(b) Notwithstanding any provision of law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the motorcycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the driver of a motorcycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the motorcycle when such signal did not utilize a vehicle detection device or that any such device was not in fact inoperative due to the size of the motorcycle.

(c) The driver of any vehicle approaching an intersection that is controlled by a traffic-control signal that is inoperative because of mechanical failure or accident shall come to a full and complete stop at the intersection, and may proceed with due caution when it is safe to do so; provided, that if two (2) or more vehicles enter such an intersection from different directions at approximately the same time, after having come to full and complete stops, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. A traffic-control signal shall not be considered inoperative if such signal is operating in flashing mode. If a signal is operating in flashing mode, it shall require obedience by vehicular traffic pursuant to § 55-8-112.

(d) A traffic citation that is based solely on evidence obtained from a surveillance camera that has been installed to enforce or monitor traffic violations shall be for a nonmoving traffic violation.


[Acts 1955, ch. 329, § 9; 1973, ch. 28, § 1; 1973, ch. 40, § 1; 1974, ch. 489, § 1; 1976, ch. 401, § 1; T.C.A., § 59-810; Acts 1982, ch. 684, § 1; 1991, ch. 145, §§ 1, 2; 2003, ch. 266, § 1; 2004, ch. 442, § 2; 2005, ch. 15, § 1; 2007, ch. 447, § 1.]

 


55-8-182. Riding on Laned Roadways

(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two (2) abreast in a single lane. (b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Motorcycles shall not be operated more than two (2) abreast in a single lane. (e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties. [Acts 1976, ch. 758, § 5; T.C.A., § 59-883.]

 


55-9-302. Motorcycle Helmet Required for Driver and Passenger

(a) The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motor-driven cycle, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards contained in 49 CFR 571.218, or, if such driver or passenger is twenty-one (21) years of age or older, a helmet meeting the following requirements:

(1) Except as provided in subdivisions (a)(2)-(4), the helmet shall meet federal motor vehicle safety standards specified in 49 CFR 571.218;

(2) Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (1 ½²) in diameter;

(3) Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and

(4) Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that such helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation

(b) This section does not apply to persons riding:

(1) Within an enclosed cab;

(2) Motorcycles that are fully enclosed, have three (3) wheels in contact with the ground, weigh less than one thousand five hundred pounds (1,500 lbs.) and have the capacity to maintain posted highway speed limits;

(3) Golf carts; or

(4) In a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years or older.


[Acts 1967, ch. 45, § 2 (T.C.A. (supp.), § 50-944); Acts 1976, ch. 758, § 2; 1979, ch. 247, § 10; T.C.A., § 59-934; Acts 2000, ch. 606, § 3; 2005, ch. 430, § 1; 2005, ch. 459, § 1; 2006, ch. 535, § 1.]

 

55-9-303. Seat for Passenger

No person shall ride as a passenger upon a motorcycle or motor-driven cycle unless a proper seat for a passenger is installed thereon.

[Acts 1967, ch. 45, § 3 (T.C.A. (supp.), § 50-945; T.C.A., § 59-935.]


55-9-304. Windshields — Safety goggles, face shields or glasses.

Every motorcycle or motor-driven cycle operated upon any highway or public road of this state shall be equipped with a windshield, or, in the alternative, the operator and any passenger on any such motorcycle or motor-driven cycle shall be required to wear safety goggles, face shields, or glasses containing impact resistant lenses.

[Acts 1967, ch. 45, § 4 (T.C.A. (supp.), § 50-946); T.C.A., § 59-936; Acts 1984, ch. 874, § 2.]

 

55-9-305. Rearview mirrors and footrests.

(a) All motorcycles and motor-driven cycles operated upon any highway or public road of this state shall be equipped with a rearview mirror and securely attached footrests for the operators and passengers on all motorcycles and motor-driven cycles.

(b) [Deleted by 2005 amendment.]

[Acts 1968, ch. 493, § 1; 1976, ch. 758, § 3; T.C.A., § 59-937; Acts 2005, ch. 136, § 1.]

 

55-9-306. Violation of this part — Penalty.

A violation of this part is a Class C misdemeanor.

[Acts 1967, ch. 45, § 5 (T.C.A. (supp.), § 50-947; T.C.A., § 59-938; Acts 1989, ch. 591, § 113.]

 

55-9-307. Parent or guardian knowingly permitting minor to violate this part — Penalty

Any parent or guardian who knowingly permits a minor to operate a motorcycle or motor-driven cycle in violation of this part commits a Class C misdemeanor.

[Acts 1967, ch. 45, § 6 (T.C.A. (supp.), § 50-948; T.C.A., § 59-939; Acts 1989, ch. 591, § 113.]

 

55-9-308. Part inapplicable to autocycles.

The provisions of this part shall not apply to autocycles.

[Acts 1986, ch. 804, § 9.]

 

55-10-205 - Reckless driving.

(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.

(b) A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen (18) years of age or older.

(c) A violation of this section is a Class B misdemeanor.

[Acts 1955, ch. 329, § 57; T.C.A., § 59-858; Acts 1989, ch. 591, § 112; 2007, ch. 308, § 1.]

 


55-8-164. Riding on motorcycles.

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle, unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator. (b) A person shall ride upon a motorcycle only while sitting astride the seat, headlamp illuminated, facing forward, with one (1) leg on each side of the motorcycle. (c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars. (d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator. [Acts 1955, ch. 329, § 64; 1976, ch. 758, § 1; T.C.A., § 59-865.]


55-51-102. Rider Education Program - Motorcycle Rider Education Program

Motorcycle rider education program.administer the motorcycle rider education program. The program shall include, but is not limited to, rider training courses and instructor training. The department may expand the program to include public awareness, alcohol and drug effects, driver improvements for motorcyclists, licensing improvement, program promotion or other motorcycle safety programs. (b) The director shall appoint a program coordinator who shall oversee and direct the program by setting program and funding guidelines, and conduct an annual evaluation. (c) The director may also appoint one (1) or more training specialists who shall assist in establishing rider training courses throughout the state, support and implement program and funding guidelines and supervise instructors and other personnel as necessary. The training specialist may be a trained chief instructor. (d) Rider training courses shall be open to all residents of the state who either hold a current valid driver license for any classification or who are eligible for a motorcycle learner's permit. (e) An adequate number of rider training courses shall be provided to meet the reasonably anticipated needs of all persons in the state who are eligible and who desire to participate in the program. The department shall issue certificates of completion in the manner and form prescribed by the director to persons who satisfactorily complete the requirements of the course. Program delivery may be phased in over a reasonable period of time. (f) The department may enter into contracts with either public or private institutions for technical assistance in conducting rider training courses, if the course is administered and taught by a trained motorcycle rider instructor as established in § 55-51-103. If necessary, an organization conducting a rider training course may charge a reasonable tuition fee. The department shall determine the largest tuition fee a private organization may charge. (g) In accordance with the procedures established by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall adopt such rules and regulations as are necessary to implement the motorcycle rider education program. (h) The director shall regulate and administer the motorcycle rider education program established under this chapter, and any person or entity providing instruction as authorized in this chapter shall not be subject to the state's commercial driver training laws, as found in chapter 19 of this title or regulations issued pursuant to those laws. [Acts 1987, ch. 446, § 2; T.C.A., § 55-25-102.]

 

55-51-103. Rider Education Program - Instructor requirements and training.

(a) The department shall establish standards for an approved motorcycle rider education instructor preparation course. Successful completion of the course shall require the participant to demonstrate knowledge of the course material, knowledge of safe motorcycle operating practices, and the necessary aptitude for instructing students. (b) The department shall establish minimum requirements for the qualification of a rider education instructor. The minimum requirements shall include, but not be limited to, the following: (1) The instructor must have a high school diploma or its equivalent; (2) The instructor must be at least eighteen (18) years of age and must hold a valid motorcycle operator's license or endorsement; (3) The instructor must have at least two (2) years of recent motorcycle riding experience; (4) The instructor's driver license must not have been suspended or revoked at any time during the preceding two (2) years; (5) The instructor must not have any convictions for driving under the influence of alcohol or drugs during the preceding five (5) years; (6) Instructors who are licensed in other states must furnish certified copies of their driving records to the department. An applicant shall not be eligible for instructor status until such applicant's driving record for the preceding five (5) years is furnished; and (7) The instructor must have an approved instructor certificate which may be a state or motorcycle safety foundation certificate, and the instructor must be registered as a currently active instructor. [Acts 1987, ch. 446, § 3; T.C.A., § 55-25-103.]

 

55-51-106. Insurance Discount


(a) The commissioner of commerce and insurance shall fix and establish premium charges for admitted insurers so as to provide a ten percent (10%) reduction in premium rates for motorcycle liability insurance to qualified licensed motorcycle operators who provide proof of successful completion of a state approved rider training course.

(b) The premium reduction shall remain in effect for the qualifying insured persons for a period of three (3) years from the date of successful completion of an approved course, except that the insurer may elect to apply the premium reduction beginning at the next renewal date of the policy and continuing for a period of three (3) years.

[Acts 1987, ch. 446, § 6; T.C.A., § 55-25-106; Acts 1989, ch. 131, § 1.]