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Operation of Motor Vehicles

Reference Number: MTAS-595
Reviewed Date: 08/07/2025

Following Fire Apparatus
Drivers other than those on official business are prohibited from following within 500 feet of any fire apparatus answering a call and may not park in the same block as the fire equipment. No driver may cross an unprotected fire hose without permission from the fire department official in command. T.C.A. §§ 55-8-168–169.

Transporting Children in Pickup Trucks
It is a Class C misdemeanor under state law to transport on the streets of any municipality, roads of any county, or the highways of this state, transports a child under six (6) years of age in the bed of a truck with a manufacturer's ton rating not exceeding three-quarter (3/4) ton and having a pickup body style. A person commits an offense who, on any interstate defense highway or state highway, transports a child between six (6) years of age and under twelve (12) years of age in the bed of a truck with a manufacturer's ton rating not exceeding three-quarter (3/4) ton and having a pickup body style. A city or county may prohibit, by ordinance or resolution, a person from transporting a child between six (6) years of age and under twelve (12) years of age in the bed of a truck with a manufacturer's ton rating not exceeding three-quarter (3/4) ton and having a pickup body style on city or county roads or highways.. However, people transporting children in parades or for agricultural purposes are exempt from this provision. T.C.A. § 55-8-189.

Vehicle Weight
No vehicle, truck, engine, or tractor of any kind, whether the vehicle be propelled by steam, gasoline, or otherwise, shall be permitted to operate upon any street, road, highway, or other public thoroughfare that, either by reason of its weight or the character of its wheels, will materially injure the surface or foundation of the street, road, highway, public thoroughfare, including the bridges thereon, unless and until the owner or operator of the vehicle of any kind has complied with the rules and regulations that may be prescribed by the departments of transportation and safety relating to the use of the highways by those vehicles. T.C.A. §§ 55-7-101, et seq.

Accident Report
Any automobile accident that involves bodily injury, death, or damage to a person’s property of more than $1,500 must be reported. Reports must include information on insurance policies of the drivers, including the name of the insurer, and a copy of the certificate of compliance with the financial responsibility law. An investigating officer must send a copy of the report to the state Department of Safety within seven days of completing the investigation (a copy is to be kept in the district Highway Patrol office). Standard report forms are supplied to any city police department by the Department of Safety. This report is a public record. T.C.A. § 55-10-107, T.C.A. § 55-10-108(b), T.C.A. § 55-10-111, T.C.A. § 55-12-104. If an accident results in damage to state or local government property in excess of four hundred dollars ($400), then the driver of the vehicle involved in the accident shall file a written report in accordance with the above.

Accident Response Fees Prohibited
A municipality may not impose an accident response service fee on a driver or owner of a motor vehicle or an insurance company but may bill them for ambulance services provided in response to a motor vehicle accident. T.C.A. § 55-10-108.

Funeral Processions
T.C.A. § 55-8-183 governs the identification, escort, operation, and conduct of traffic with respect to funeral processions. Any municipality may adopt the provisions of this law by a two-thirds vote of its legislative body. The presiding officer must certify its adoption to the secretary of state.

This law provides that where a funeral procession is properly identified, it is an offense punishable by a fine of up to $50 for the operator of a motor vehicle to:

  • knowingly fail to yield the right-of-way to the procession across an intersection;
  • pass or attempt to pass the procession from behind on a two-lane street, road or highway; or
  • drive or attempt to drive between the vehicles in the procession.

For the purposes of this law, a "properly identified" funeral procession must be "indicated by a flashing amber light, an auditory signaling device mounted on the lead vehicle, or by other properly identified escort, and a flag or other appropriate marking device on each vehicle in the procession indicating that such vehicle is part of the funeral procession."

Many municipalities provide police escorts to funeral processions. They may be held liable under the Tennessee Governmental Tort Liability Act for negligent escort. Anderson v. City of Chattanooga, 978 S.W.2d 105 (Tenn. App. 1998). Generally, T.C.A. § 55-8-153 does not appear to affect the liability of municipalities that provide funeral escorts. Whether or not a municipality provides funeral escorts, it probably has the right to impose reasonable time, place, and manner restrictions on funeral processions.

Oncoming traffic meeting a funeral procession is no longer prohibited from pulling over and stopping. Motorcycle escorts of funeral processions may have a green strobe light or a type approved by the county sheriff that is used only when escorting a funeral. Motorcycle escorts also may have a bell or siren approved by the sheriff that is used only when escorting a funeral procession. Motorcycle escorts may operate between lanes or rows of vehicles. T.C.A. § 55-8-183.

T.C.A. § 39-17-317 makes it a Class C misdemeanor to make any utterance, gesture, or display that is offensive to the sensibilities of an ordinary person within 500 feet of a funeral, funeral procession, burial or viewing of a dead person.