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RIGHT OF WAY LAW* |
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TCA 55-8-197 Failure to Yield Right of Way - Rules of the Road **Amended May 2011 Effective July 1, 2011** |
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Tenn. Code Ann. § 55-8-197 TENNESSEE CODE ANNOTATED *** CURRENT THROUGH THE 2010 REGULAR SESSION *** Title 55 Motor and Other Vehicles Tenn. Code Ann. § 55-8-197 (2011) |
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| (a) | Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor: | |||
| (1) | Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202; |
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| (2) | Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections; or | |||
| (3) | Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right of way as provided in those sections. | |||
| Amended May 2011 Effective July 1, 2011 | ||||
| (4) | Section 55-8-134, by failing to yield the right-of-way to pedestrians in crosswalks as provided in the section; | |||
| (5) | Section 55-8-136, by failing to exercise due care as provided in this section; or | |||
| (6) | Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in the subsection; or | |||
| (b) | For the purposes of this section, unless the context otherwise requires, "serious bodily injury" means: | |||
| (1) | Substantial risk of death; |
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| (2) | Serious disfigurement; or | |||
| (3) | Protracted loss or impairment of the function of any bodily member, organ or mental faculty. | |||
| (c) | (1) | A violation of subsection (a) is a Class B misdemeanor punishable by a fine of two hundred and fifty dollars ($250) if the accident results in serious bodily injury of another. | ||
| (2) | A violation of subsection (a) is a Class A misdemeanor punishable by a fine of five hundred dollars ($500) if the accident results in the death of another. | |||
| (d) | The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another. | |||
| (e) | Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another. | |||
HISTORY: Acts 2007, ch. 537, § 1; 2009, ch. 342, § 1. Public Chapter 192 SB 1171 Amended May 2011 Effective July 1, 2011 |
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*Always check the Tennessee General Assembly for legislative updates at http://www.capitol.tn.gov/legislation/publications/ |
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