(a) No off-highway motor vehicle as defined in § 55-3-101(c)(2) shall be operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle pursuant to §§ 55-8-101 and 55-4-136; is registered as a Class I or Class II off-highway vehicle pursuant to chapter 4, part 7 of this title, and operated on county roads pursuant to § 55-8-203; is operated or driven pursuant to subsection (c) or (e); or is operated or driven for the purpose of crossing a highway as follows:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 55-8-185

  • All-terrain vehicle: means either:
    (A) A motorized nonhighway tire vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than two thousand five hundred pounds (2,500 lbs. See Tennessee Code 55-8-101
  • Class II off-highway vehicle: means any off-highway vehicle that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding at least two (2) but no more than four (4) passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. See Tennessee Code 55-8-101
  • Department: means the department of safety. See Tennessee Code 55-8-101
  • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
  • Intersection: means :
    (A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the areas within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Tennessee Code 55-8-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medium speed vehicle: means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to §. See Tennessee Code 55-8-101
  • off-highway motor vehicle: means any vehicle designed primarily to be operated off public highways, including any Class I off-highway vehicle, Class II off-highway vehicle, all-terrain vehicle, any motorcycle commonly referred to as a dirt bike, or any snowmobile or other vehicle designed to travel exclusively over snow or ice. See Tennessee Code 55-8-101
  • Operator: means :
    (A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101
  • Pedestrian: means any person afoot or using a motorized or non-motorized wheelchair. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Tennessee Code 55-8-101
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Roadway: means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Tennessee Code 55-8-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Street: means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
  • Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) 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;
(2) With respect to the crossing of a highway having more than two (2) lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and
(3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two (2) lanes or having limited access.
(b) Off-highway motor-driven cycles defined in § 55-3-101(c)(2) may be moved, by nonmechanical means only, adjacent to a roadway, in a manner so as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from, areas designed for the operation of off-highway vehicles, when no other route is available. The department or local government authority may designate access routes leading to off-highway parks as suitable for the operation of off-highway vehicles, if such access routes are available to the general public only for pedestrian and off-highway motor vehicle travel.
(c)

(1) Notwithstanding any law to the contrary, three- or four-wheel all-terrain vehicles or three- or four-wheel off-highway vehicles may be operated on:

(A) Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County;
(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 (c)(1)(B) shall be approved by a two-thirds (2/3) vote of the local legislative 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 (c)(1)(B) as it existed prior to April 28, 2017, shall not be required to resubmit and reapprove the operation pursuant to this subdivision (c)(1)(B) on or after April 28, 2017;
(C) 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 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; 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;
(D) 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 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; 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;
(E) State Route 63 from its intersection with Ershell Collins Road West to its intersection with Titus Hollow Road in Campbell County;
(F) State Route 63 from its intersection with Old Stinking Creek Road West to its intersection with Old Highway 63 in Campbell County;
(G) State Route 116 from its intersection with U.S. Highway 25W (State Route 9) West to its intersection with Better Chance Road in Campbell County;
(H) U.S. Highway 25W (State Route 9) from its intersection with State Route 116 to its intersection with Dogwood Road in Campbell County;
(I) U.S. Highway 25W (State Route 9) from its intersection with North Tennessee Avenue to its intersection with Ivy Dale Road in Campbell County;
(J) 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, in Campbell County;
(K) U.S. Highway 25W (State Route 9) from its intersection with Elk Tower on Austin Powder Road to the Peabody Convenience Center in Campbell County;
(L) U.S. Highway 25W (State Route 9) from its intersection with Highcliff Road to its intersection with the Kentucky state line at State Street in Campbell County;
(M) State Route 297 from its intersection with U.S. Highway 25W to its intersection with London Avenue in Campbell County;
(N) State Route 297 from its intersection with Woolridge Pike to its intersection with Whistle Creek Road in Campbell County;
(O) U.S. Highway 25W from TN Exit 160 to Crouches Creek Hollow Road in Campbell County;
(P) 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.);
(Q) State Route 53 beginning from the Granville Marina and Resort and ending at the Sutton Homestead in the Town of Granville;
(R) State Route 167 from mile marker 10 to mile marker 13, within the jurisdiction of Johnson County;
(S) State Route 133 from its intersection with U.S. Highway 421 to the Tennessee-Virginia state line, within the jurisdiction of Johnson County;
(T) U.S. Highway 421 from the Mountain City limits to its intersection with Corner Road, within the jurisdiction of Johnson County;
(U) State Route 13 from the Wayne County ” Perry County boundary to its intersection with Turnbo Lane, within the jurisdiction of Perry County;
(V) State Route 329 from its intersection with U.S. Highway 27 to 849 Deer Lodge Highway, within the jurisdiction of the City of Sunbright in Morgan County;
(W) U.S. Highway 27 from its junction with Mill Road northward to its junction with State Route 62, within the jurisdiction of Morgan County;
(X) State Route 167 from its intersection with Rainbow Road to its intersection with Dotson Lane, within the jurisdiction of Mountain City in Johnson County, which segment is approximately one-half (.5) mile;
(Y) Old Burrville Road, which is approximately one-half (.5) mile in length, within the jurisdiction of the City of Sunbright in Morgan County;
(Z) Dyna Tex Road, which is approximately one (1) mile in length, within the jurisdiction of the City of Sunbright in Morgan County;
(AA) Mill Creek Road, the portion of which is within the jurisdiction of the City of Sunbright in Morgan County;
(BB) State Route 173 (Simerly Creek Road) from its intersection with State Route 107 to its intersection with Old Iron Mountain Road within the jurisdiction of Unicoi County;
(CC) State Route 107 from its intersection with State Route 173 (Simerly Creek Road) eastward to its intersection with Lower Stone Mountain Road, which is near Deer Haven Road, within the jurisdiction of Unicoi County;
(DD) State Route 107 from its intersection with Cross Road to its intersection with Red Fork Road within the jurisdiction of Unicoi County;
(EE) 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;
(FF) Windrock Road between Main Street and Hoskins Valley Road in Anderson County;
(GG) Hoskins Valley Road between Windrock Road and Hoskins Gap Road in Anderson County; and
(HH) Hoskins Gap Road between Hoskins Valley Road and Frost Bottom Road in Anderson County.
(2) Drivers operating vehicles pursuant to subdivisions (c)(1) and (3)-(5) shall obey the rules of the road, operate with due care, and the operator and each passenger shall wear a helmet in accordance with § 55-9-302. While on the authorized portion of the highways designated in subdivisions (c)(1) and (3)-(5), the vehicles shall display tail lamps and headlights. Headlights on the vehicles shall, under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person two hundred feet (200′) ahead.
(3) Notwithstanding any law to the contrary, any off-highway motor vehicle as defined in § 55-3-101(c)(2) may be operated within the jurisdiction of Johnson County on the segment of State Route 167 from the entrance of the Roan Creek Campground to Doe Mountain, which segment is approximately one-half mile (0.5 mi.).
(4) Notwithstanding any law to the contrary, any all-terrain vehicles may be operated on the following portions of highways within the jurisdiction of Anderson County:

(A) State Route 116 from its intersection with Beech Grove Lane to its intersection with U.S. Highway 25W;
(B) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane southward to its intersection with Jacksboro Avenue;
(C) 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);
(D) 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);
(E) 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;
(F) State Route 116 (U.S. Highway 25W) from its intersection with Colonial Lane to its intersection with Better Chance Road;
(G) U.S. Highway 441 (Norris Freeway) from its intersection with State Route 116 (U.S. Highway 25W) to 709 Norris Freeway;
(H) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 74; and
(I) State Route 116 from its intersection with State Route 330 to its intersection with Windrock Park Trail 75.
(5) Notwithstanding any law to the contrary, any Class I or Class II off-highway vehicle as defined in § 55-8-101 that is registered pursuant to chapter 4, part 7 of this title, may be operated on the following state routes that are within the jurisdiction of Hickman County, if the requirements in § 55-8-203(c) and (d) are satisfied:

(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 miles (8.7 miles), within the jurisdiction of Hickman County;
(B) State Route 100 from its intersection with North Tidwell Road to its intersection with Wrigley Road, which is approximately four and one-tenth miles (4.1 miles), within the jurisdiction of Hickman County; 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), within the jurisdiction of Hickman County.
(d) A violation of this section is a Class C misdemeanor punishable by a fine only of not more than fifty dollars ($50.00).
(e) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an all-terrain vehicle as defined in § 55-8-101 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, and included within the boundaries of an adventure tourism district established pursuant to title 11, chapter 11, part 2, if such all-terrain vehicle complies with the following:

(1) The governing body of a municipality or metropolitan government may regulate in any manner, by lawfully enacted ordinance, the operation of any all-terrain vehicle crossing of a street, road or highway solely under the municipality’s jurisdiction; provided, that such municipality provides written notification to the department of safety prior to the effective date of the ordinance and posts appropriate signage designating such all-terrain vehicle crossing on such street, road or highway;
(2) The governing body of any county may by lawfully enacted resolution regulate the operation of all-terrain vehicles on any street, road or highway solely under the county’s jurisdiction; provided, that such county provides written notification to the department of safety prior to such resolution becoming effective and posts appropriate signage designating such street, road or highway for all-terrain vehicle use;
(3) An all-terrain vehicle is specifically restricted to only between one-half (½) hour after sunrise and one-half (½) hour before sunset, and the headlight and taillight shall be illuminated during such operation;
(4) 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;
(5) Any additional safety requirements imposed by the local governing body for all-terrain vehicle operation on streets, roads or highways in such municipality, metropolitan government or county; and
(6) No all-terrain vehicles shall be operated on any state highway or any highway that is a part of the interstate and defense highway system.
(f) Operation of the following all-terrain vehicles shall be exempt from subsection (e):

(1) All-terrain vehicles operated for agricultural purposes; and
(2) Publicly-owned and operated all-terrain vehicles that are used for management, law enforcement, emergency services and other such purposes.
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