Motor Vehicles

Plain English Breakdown

The bill does not specify all the details of safety equipment required, leaving room for interpretation.

Utility Terrain Vehicle Regulations

This law allows utility terrain vehicles to operate on certain roads in Tennessee with specific requirements and restrictions.

What This Bill Does

• Defines a utility terrain vehicle as including low speed, medium speed, Class I or II off-highway, and all-terrain vehicles.
• Requires these vehicles to be registered and insured, have safety equipment, and limit their speed to 35 mph.
• Allows operation on state highways and county roads with speed limits of 45 mph or less, under certain conditions.
• Exempts some utility terrain vehicles from registration and safety requirements for specific uses like agriculture and public services.
• Sets penalties for violations as a Class C misdemeanor.

Who It Names or Affects

• People who own or operate utility terrain vehicles in Tennessee.
• Local governments that can authorize all-terrain vehicle operation on unpaved roads within adventure tourism districts.

Terms To Know

Utility Terrain Vehicle

A type of off-road vehicle including low speed, medium speed, Class I or II off-highway vehicles, and all-terrain vehicles.

Class C misdemeanor

A minor criminal offense punishable by a fine only.

Limits and Unknowns

• The bill does not specify the exact safety equipment requirements for utility terrain vehicles.
• Local governments have discretion to authorize all-terrain vehicle operation on unpaved roads within adventure tourism districts, subject to certain conditions.

Official Summary Text

Present law generally prohibits off-highway motor
vehicles from being operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle; is registered as a Class I or Class II off-highway vehicle and operated on county roads; is operated or driven pursuant to present law provis
i
ons regarding three or four wheel all-terrain vehicles or three or four wheel off-highway vehicles or the provisions regarding all-terrain vehicles being operated on unpaved streets, roads, or highways; or is operated or driven for the purpose of crossing

a highway. Generally, off-highway motor-driven cycles may be moved by nonmechanical means only, in a manner 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 o
f
off-highway vehicles, when no other route is available. Generally, three or four-wheel all-terrain vehicles or three or four-wheel off-highway vehicles may be operated on certain roads.

UTILITY TERRAIN VEHICLES

This bill removes all of the provisions a
bove and, instead, authorizes the lawful operation of a utility terrain vehicle, including (i) a low or medium speed vehicle, (ii) a class I or II off-highway vehicle, or (iii) an all-terrain vehicle, on state highway or country road if all of the followi
n
g requirements are met:



The utility terrain vehicle is titled and registered in accordance with present law.



The utility terrain vehicle is covered by a liability policy that meets the requirements of the financial responsibility law.



The operator is 16 or older and possesses a valid driver license, not including a permit.



The operator and all passengers wear a helmet unless exempted under law.



The utility terrain vehicle cannot be transporting any passenger that requires a child passenger restraint system.



The utility terrain vehicle is operated only during daylight hours, which includes the 30

minutes before dawn and the 30 minutes after dusk.



The utility terrain vehicle is equipped with certain safety features described by law, from the manufacturer, or added later, that are operational and utilized at all times while operating the vehicle.



The utility terrain vehicle is operated only at a rate not to exceed 35 mph.

This bill provides that operation of the following utility terrain vehicles are
exempt from the registration requirements of present law and equipment and safety requirements of this bill: (i) a utility terrain vehicle operated on any private or public recreational trail or area, (ii) a utility terrain vehicle operated on an affiliat
e
d trail or area operated by a person or entity which has in place a safety program, (iii) a utility terrain vehicle operated for agricultural purposes, and (iv) a publicly owned and operated utility terrain vehicle that is used for wildlife management, la
w
enforcement, emergency services, or other such purposes.

Authorized Locations to Operate

This bill authorizes a utility terrain vehicle to be operated on a state highway or county road in this state where the speed limit is 45 mph or less, and is not
(i) a part of the interstate and national defense highway system, (ii) a controlled access highway, (iii) prohibited by a county or municipality on any road under its jurisdiction, or (iv) prohibited by the department of transportation on any road under
i
ts jurisdiction. However, a utility terrain vehicle operated on county roads pursuant to this provision may, for the purpose of crossing from one road, field, or area of operation to another, be operated upon a state highway or other noncounty road with
a
speed limit in excess of 45 mph, except upon the interstate and national defense highway system under certain conditions.

This bill authorizes an all-terrain vehicle to be operated or driven upon unpaved streets, roads, or highways, as designated speci
fically for such purpose upon a 2/3 vote by the local governing body, within the boundaries of an adventure tourism district, if the all-terrain vehicle complies with certain conditions.

Violations

This bill provides that a violation of the provisions
described in this summary is a Class C misdemeanor, punishable only by a fine of $50.

ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 728, AS AMENDED.

AMENDMENT #1 makes the following changes and additions to the requi
rements for operation of a utility terrain vehicle ("UTV") under this bill:

(1) Subject to the exceptions for trail riding, agricultural uses, and publicly owned UTVs, t
he
UTV
must be registered;

(
2
)
Revises the helmet requirement so that persons 21 y
ears of age or older may wear a ventilated helmet of the same type authorized for such persons to wear on motorcycles under present law. This amendment also adds an exemption to the helmet requirement for
operation on a county road of a
UTV
that is a Clas
s I or Class II
OHV;

(3) Exempts UTVs being used for agricultural purposes and publicly owned UTVs being used for public safety and similar purposes from the requirement that a UTV only be operated during daylight hours;

(4) Retains the present law list of roads on which UTVs may be operated in Anderson, Campbell,
Fentress
,
Hickman
, Johnson, Morgan, Scott, and Unicoi counties and the town of Granville; and

(5) Clarifies that local governments may authorize the operation
of UTVs on
unpaved streets, roads, or highways

within the boundaries of an adventure tourism district
, subject to compliance with certain safety requirements, which safety requirements will not apply to UTVs
operated for agricultural purposes and publicly
owned UTVS that are used for public safety and similar purposes
.

By October 1, 2025, and upon notice or determination of a prohibition thereafter, this amendment requires the department of safety, in consultation with the department of transportation, t
o compile, and both departments shall publish to their websites, a list of highways and roads that are part of the interstate and national defense highway system where operation of a UTV is prohibited by a local government or the department. This amendme
n
t specifies that a county or municipality may prohibit the operation of a UTV on a road under its jurisdiction with the adoption of a resolution or ordinance and the submission of a copy of the resolution or ordinance to the department of safety.

This
amendment clarifies that medium speed vehicles are UTVs and may be operated in places where UTVs are authorized.

This amendment changes this bill's effective date from July 1, 2025, to
upon becoming a law.

AMENDMENT #2 replaces a reference to ATV with
UTV that was omitted from House Amendment #1.

Current Bill Text

SENATE BILL 728
By Lowe

HOUSE BILL 810
By Grills

HB0810
002747
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 55,
relative to utility terrain vehicles.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-8-185, is amended by deleting the
section and substituting instead the following:
(a) For the purposes of this section, "utility terrain vehicle" means:
(1) A low speed vehicle;
(2) A medium speed vehicle;
(3) A Class I off-highway vehicle;
(4) A Class II off-highway vehicle; or
(5) An all-terrain vehicle.
(b) In order to operate a utility terrain vehicle under this section:
(1) The utility terrain vehicle must be titled and registered in accordance
with chapters 3 and 4 of this title;
(2) The utility terrain vehicle must be covered by a liability policy that
meets the requirements of the financial responsibility law in chapter 12, part 1 of
this title;
(3) The operator must be sixteen (16) years of age or older;
(4) The operator must possess a valid driver license, which does not
include a permit;

- 2 - 002747

(5) The operator and all passengers must be wearing a helmet that
meets the requirements of § 55-9-302(a)(1)-(4), unless exempted under § 55-9-
302(b);
(6) The utility terrain vehicle cannot be transporting any passenger that
requires a child passenger restraint system as required in § 55-9-602;
(7) The utility terrain vehicle must be operated only during daylight hours,
which includes the thirty (30) minutes before dawn and the thirty (30) minutes
after dusk, unless otherwise specified in this section; and
(8)
(A) If the utility terrain vehicle is equipped with any of the
following from the manufacturer, or added later, then they must be
operational and utilized at all times while operating the vehicle:
(i) Brakes;
(ii) At least two (2) taillights, stoplights, and headlights;
(iii) Two (2) turn signal lamps or other devices meeting the
requirements of § 55-8-144;
(iv) A horn meeting the requirements of § 55-9-201;
(v) A roll bar;
(vi) Seat belts for each seat;
(vii) A manufacturer-installed or equivalent spark arrester;
(viii) A manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system; and
(ix) A windshield, with or without wipers, except, that if the
vehicle is not equipped with a windshield, then the operator and

- 3 - 002747

each passenger shall wear glasses containing impact-resistant
lenses, safety goggles, or a face shield;
(B) Operation of the following utility terrain vehicles are exempt
from the registration requirements of chapter 4, part 7 of this title, and
equipment and safety requirements of this section:
(i) A utility terrain vehicle operated on any private or public
recreational trail or area;
(ii) A utility terrain vehicle operated on an affiliated trail or
area operated by a person or entity which has in place a safety
program;
(iii) A utility terrain vehicle operated for agricultural
purposes; and
(iv) A publicly owned and operated utility terrain vehicle
that is used for wildlife management, law enforcement, emergency
services, or other such purposes;
(c)
(1) A utility terrain vehicle may be operated on any state highway or
county road in the state where the speed limit is forty-five miles per hour (45
mph) or less, and is not:
(A) A part of the interstate and national defense highway system;
(B) A controlled access highway;
(C) Prohibited by a county or municipality on any road under its
jurisdiction if the governing body of the county or municipality has
determined that the prohibition is necessary in the interest of safety; or

- 4 - 002747

(D) Prohibited by the department of transportation on any road
under its jurisdiction if it has determined, in consultation with the
department of safety, that the prohibition is necessary in the interest of
safety.
(2) A utility terrain vehicle operated on county roads pursuant to
subdivision (c)(1) may, for the purpose of crossing from one (1) road, field, or
area of operation to another, be operated upon a state highway or other
noncounty road with a speed limit in excess of forty-five miles per hour (45 mph),
except upon the interstate and national defense highway system, if:
(A) 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;
(B) With respect to the crossing of a highway having more than
two (2) lanes, or a highway having limited access, to cross these
highways in a quick and safe manner at a place designated by the
department of transportation or local government authorities, as
applicable, as a place where such utility terrain vehicles may cross the
highways and if the respective authorities erect appropriate signs of a
type approved by the department, at the designated crossing places;
(C) The utility terrain vehicle is brought to a complete stop before
crossing the shoulder or main traveled way of the highway;
(D) The operator yields the operator's right-of-way to all oncoming
traffic that constitutes an immediate potential hazard; and
(E) Both the headlights and taillights, if equipped, are illuminated
when the crossing is made.

- 5 - 002747

(d) A utility terrain vehicle may be operated only at a rate not to exceed thirty-five
miles per hour (35 mph).
(e) A person operating a utility terrain vehicle upon a county road pursuant to
this section shall obey all of the duties applicable to the driver of a motor vehicle under
part 1 of this chapter, and chapter 10, parts 1-5 of this title, except as to those provisions
that by their nature can have no application.
(f) In addition to subsections (a)-(d), notwithstanding any law to the contrary, an
all-terrain vehicle 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, within the boundaries of an adventure tourism district established
pursuant to title 11, chapter 11, part 2, if the all-terrain vehicle complies with the
following:
(1) The all-terrain vehicle is specifically restricted to only between one-
half (1/2) hour after sunrise and one-half (1/2) hour before sunset, and the
headlight and taillight must be illuminated during such operation;
(2) 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;
(3) Any additional safety requirements imposed by the local governing
body for all-terrain vehicle operation on streets, roads, or highways in such
jurisdiction; and
(4) An all-terrain vehicle must not be operated on any highway that is a
part of the interstate and defense highway system.
(g) A violation of this section is a Class C misdemeanor, punishable by a fine
only of fifty dollars ($50.00).

- 6 - 002747

SECTION 2. Tennessee Code Annotated, Section 55-8-203, is amended by deleting the
section in its entirety.
SECTION 3. Tennessee Code Annotated, Section 55-8-191, is amended by deleting the
section in its entirety.
SECTION 4. Tennessee Code Annotated, Section 55-1-125, is amended by deleting the
language "pursuant to § 55-8-191(b)(1)".
SECTION 5. Tennessee Code Annotated, Section 55-8-101(38), is amended by
deleting the language "pursuant to § 55-8-191(b)(1)".
SECTION 6. Tennessee Code Annotated, Section 55-50-102(37), is amended by
deleting the language "pursuant to § 55-8-191(b)(1)".
SECTION 7. Tennessee Code Annotated, Section 55-3-101(d), is amended by deleting
the language "§ 55-8-203" and substituting instead the language "§ 55-8-185".
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.