(a) Upon the approach of an authorized emergency vessel making use of flashing lights, the operator of every other vessel shall yield the right-of-way and shall slow to a no wake speed or immediately move over at least one hundred feet (100′) to a position of safety from the emergency vessels, clear of any other vessel, until the authorized emergency vessel has passed, except when otherwise directed by operators of emergency vessels.

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 69-9-228

  • Boat: means any vessel:
    (A) Manufactured or used primarily for noncommercial use. See Tennessee Code 69-9-204
  • Operate: means to navigate, be in physical control of, or otherwise use a motorboat or a vessel. See Tennessee Code 69-9-204
  • Operator: means the person who operates or has charge of the navigation or use of a motorboat or vessel. See Tennessee Code 69-9-204
  • Person: means an individual, partnership, firm, corporation, association, or other entity. See Tennessee Code 69-9-204
  • Use: means to operate, navigate or employ. See Tennessee Code 69-9-204
  • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Tennessee Code 69-9-204
(b) Upon approaching a stationary authorized emergency vessel, when the vessel is giving a signal by use of flashing lights, a person operating an approaching vessel shall, while proceeding with due caution, yield the right-of-way by slowing to a no wake speed or moving over at least one hundred feet (100′) to a position of safety from the emergency vessels, clear of any other motorized vessel, if possible, with due regard to safety and boat traffic conditions.
(c)

(1) A violation of this section is a Class C misdemeanor.
(2) Notwithstanding § 8-21-401, the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section.
(3) Nothing in this subsection (c) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense.
(d) This section shall not operate to relieve the operator of an authorized emergency vessel, from the duty to operate the vessel with due regard for the safety of all persons located in the vicinity of such vessels on the waters of Tennessee.
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