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This
chapter summarizes Tennessee State statutes related to speed.
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| General
Reference: |
Tennessee
Code Annotated and Rules and Regulations of the State of Tennessee
(RRST) |
| Basis
for a Speed Law Violation: |
|
| Basic
Speed Rule: Note: |
This
State does not have a law establishing a basic speed rule. |
| Statutory
Speed Limit: |
70
MPH for on interstate highways ß55-8-152(d) |
| See
Other below. |
65
MPH on all other highways or roads(1)
ß55-8-152(a) & (d) |
| Posted
(Maximum) Speed Limit: |
I.
The State Department of Transportation is authorized to lower the
above speed limits on the State system of roads and highways. ß55-8-152(g)(1)(A)
II. Based on engineering and traffic investigations, the State
Department of Transportation may lower the speed limits in business,
urban or residential districts. ß55-8-153(a)
III. Local governments may lower the maximum speed limits on roads and
streets under their jurisdiction. ßß55-8-152(g)(1)(C) &
55-8-153(d)
IV. The State Department of Transportation may establish a safe
maximum speed limit for any bridge or elevated structure. ß55-8-156(b)
V. Based on engineering investigations, a local government may
establish special speed limits adjacent to schools. This limits cannot
be <15 MPH.(2) ß55-8-152(e)(1)
& (2) |
| Minimum
Speed Limit: |
I.
No person shall operate a motor vehicle at such a slow speed as to
impede the normal and reasonable movement of traffic. ß55-8-154(a)
II. On interstate and four-lane controlled-access highways, it is
unlawful for a person to operate a motor vehicle in the left lane at a
speed <55 MPH. ß55-8-152(d)
III. A person, driving at less than the normal speed of traffic, shall
drive in the right-hand lane then available for traffic or as close as
practicable to the right-hand curb or edge of the roadway. ß55-8-115(b) |
| Posted
(Minimum) Speed Limit: |
Based
on engineering and traffic investigations, the State Department of
Transportation or a local government may establish a minimum speed
limit for a highway. ß55-8-154(b) |
| Other: |
I.
No person shall operate a vehicle with solid rubber or cushion tires
>10 MPH. ß55-8-156(a)
II. When transporting pupils, no person shall operate a school bus
either (1) > the posted speed limit or (2) >35 MPH on unpaved
roadways. ß49-6-2110(b) |
| Adjudication
of Speed Law Violations: |
|
| Civil/Criminal
Adjudication of Violation: |
Except
as Noted Under Miscellaneous Sanctions, Speed Law Violations are Class
C Misdemeanors. ßß49-6-2113, 55-8-152(g)(2), 55-8-154, 55-8-156
& 55-10-301(a) |
| Other: |
|
| Sanctions
Following an Adjudication of a Speed Law Violation: |
|
| Criminal
Sanctions: |
|
| Imprisonment: |
|
| Term
(Day, Month, Years, Etc.): |
Not
more than 30 days ß40-35-111(e)(3) |
| Mandatory
Minimum Term: |
None |
| Fine: |
|
| Amount
($ Range): |
Not
more than $50 ß40-35-111(e)(3) |
| Mandatory
Min. Fine ($): |
None |
| Other
Penalties: |
|
| Traffic
School: |
An
offender may be required to attend a driver education course.(3)
ß55-10-301(b)(1) |
| Other: |
|
| Licensing
Action: |
|
| Type
of Licensing Action (Susp/Rev): |
Suspension
via a Point System(4) ß55-50-505 &
RRST Ch. 1340-1-4 |
| Term
of License Withdrawal (Days, Months, Years, etc.): |
6
months (12 months for certain subsequent offenders)(5)
RRST Ch. 1340-1-4-.04(7)(c) and (8)(b) & (c) |
| Mandatory
Minimum Term of Withdrawal: |
6
or 12 months5 Action is limited to certain
subsequent offenders.(6) RRST Ch.
1340-1-4-.04(8)(b) & (c) |
| Miscellaneous
Sanctions Not Included Elsewhere: |
Construction
Zones. A person, who violates a speed limit in a construction
zone when workers are present, commits a Class B Misdemeanor. However,
they are only subject to a fine sanction of $250 to
$500. ßß55-8-152(g)(2) & 55-8-153(e) Note: The minimum
fine appears to be mandatory. |
| Other
Criminal Actions Related to Speeding: |
|
| Drag
Racing(7): |
Class
B Misdemeanor ß55-10-502 |
| Sanctions: |
|
| Criminal
Sanction: |
|
| Imprisonment
(Term): |
Not
more than 6 months ß40-35-111(e)(2) |
| Mandatory
Minimum Term: |
None |
| Fine
($ Range): |
Not
more than $500 ß40-35-111(e)(2) |
| Mandatory
Minimum Fine: |
None |
| Administrative
Licensing Action: |
|
| Licensing
Authorized and Type of Action: |
Revocation
ß55-10-503(a)(1) & (b) |
| Length
of Term of Licensing Withdrawal: |
1st
offense-1 year ß55-10-503(a)(1) 2nd offense
(within 10 years)-Permanent Revocation ß55-10-503(b) |
| Mandatory
Action--Minimum Length of License Withdrawal: |
1st
offense-None Note: An offender is eligible for
restricted driving privileges. ß55-10-503(a)(2) 2nd offense
(within 10 years)-Permanent Revocation ß55-10-503(b) |
| Other: |
An
offender may be required to attend a driver education course.3
ß55-10-301(b)(1) |
| Reckless
Driving: |
Class
B Misdemeanor ß55-10-205(a) & (b) |
| Sanction: |
|
| Criminal: |
|
| Imprisonment
(Term): |
Not
more than 6 months ß40-35-111(e)(2) |
| Mandatory
Minimum Term of Imprisonment: |
None |
| Fine
($ Range): |
Not
more than $500 ß40-35-111(e)(2) |
| Mandatory
Minimum Fine: |
None |
| Administrative
Licensing Actions: |
Suspension
via a Point System4&5 Revocation-2nd
offense (within 12 months)-Revocation ß55-50-501(a)(6) |
| Type
of Licensing Action (Susp/Rev): |
2nd
offense (within 12 months)-Revocation ß55-50-501(a)(6) |
| Length
of Term of License Withdrawal Action: |
2nd
offense (within 12 months)-1 year ß55-50-502(e)(3) |
| Mandatory
Term of License Withdrawal Action: |
2nd
offense (within 12 months)-1 year(8)
ß55-50-502(e)(3) |
| Other: |
An
offender may be required to attend a driver education course.3
ß55-10-301(b)(1) |
| Commercial
Motor Vehicle (CMV) Operators(9): |
|
| Grounds
for Disqualification: |
A
person is disqualified from operating a CMV if while driving such a
vehicle they either (1) commit 2 "serious traffic
violations"(10) within a 3 year
period or (2) commit 3 such violations within a 3 year period. ß55-50-405(a)(5) |
| Period
of Disqualification: |
2
serious violations (within 3 years)-Not less than 60 days
3 serious violations (within 3 years)-Not less than 120
days ß55-50-405(a)(5) |
| Period
of Mandatory Disqualification: |
2
serious violations (within 3 years)-60 days 3
serious violations (within 3 years)-120 days ß55-50-405(a)(5) |
| 1. Includes
all four-lane controlled-access highways which are Federal and State
routes. ß55-8-152(d) 2. Where
such special speed limits do not exist, it is a prima facie
evidence of reckless driving to operate a vehicle >15 MPH when
passing a school during either (1) recess when warning flashers are in
operation or (2) either 40 minutes before or after respectively the
opening or closing of a school. ß55-8-152(e)(1) & (2)
3. This
course may be imposed in addition to or in lieu of any other sanction.
ß55-10-301(b)(1)
4. Point
System. I. An offender, who for the first time
accumulates 12 points within 12 month, is subject to either a 6 month
license suspension or a defensive driving course. After the offender
completes a defensive driving course, they are placed on
administrative probation for 12 months. II. An offender, who for the second
or subsequent time accumulates 12 points within 12 month, is
subject to either a 6 or 12 month license suspension. Such persons may
be required to attend a driver improvement program. However,
participation in this program is not in lieu of license suspension.
III. The following points have been assigned for speeding and speed
related offenses: Speeding violations where the vehicles' speed was
not noted on the citations-3 points; exceeding the speed limit 1
through 5 MPH-1 point; exceeding the speed limit 6 through 15 MPH-3
points; exceeding the speed limit 16 through 25 MPH-4 points;
exceeding the speed limit 26 through 35 MPH-5 points; exceeding the
speed limit 36 through 45 MPH-6 points; exceeding the speed limit by
46 or more MPH-8 points; reckless driving-6 points; driving less the
posted minimum speed limit-3 points; careless or negligent driving
(Note: This is a municipal ordinance violation)-4 points; and,
reckless endangerment by vehicle-8 points. IV. The following points
have been assigned for speeding in a construction zone: Speeding
violations where the vehicle's speed was not noted on the citations-3
points; exceeding the speed limit 1 through 5 MPH-2 points; exceeding
the speed limit 6 through 15 MPH-6 points; exceeding the speed limit
16 through 35 MPH-7 points; and, exceeding the speed limit by 36 or
more MPH-8 points. V. The following points have been assigned for
speeding in a commercial vehicle: Speeding violations where the
vehicle's speed was not noted on the citations-4 points; exceeding the
speed limit 1 through 5 MPH-2 points; exceeding the speed limit 6
through 14 MPH-4 points; exceeding the speed limit 15 through 25 MPH-6
points; exceeding the speed limit 26 through 35 MPH-7 points; and,
exceeding the speed limit by 36 or more MPH-8 points. VI. The
following points have been assigned for speeding in a construction
zone by a commercial vehicle: Speeding violations where the vehicle's
speed was not noted on the citations-4 points; exceeding the speed
limit 1 through 5 MPH-2 points; and, exceeding the speed limit 6
through 14 MPH-5 points. VII. For all other offenses, 3 points are
assigned to a person's driving record. RRST Ch. 1340-1-4-.03 & .04
5. Point
System Suspensions. An offender is subject to a 6
month license suspension under two conditions. (1) They have
accumulated 12 points within 12 months for the first time and they do
not participate in the driver improvement program. Or, (2) they
have accumulated 12 points for the second time and have in lieu of a
suspension, within the past 5 years, participated in such a program. A
subsequent offender is subject to a 12 month license
suspension if they have, within the past 5 years,
participated in and been subject to both a driver improvement program
in lieu of a suspension and a license suspension under the
point system. RRST Ch. 1340-1-4-.04
6. Offenders,
who have accumulated 12 points within 12 months for the first time and
who are subject to a 6 month license suspension because they do not
participate in a driver improvement program, are eligible for
restricted driving privileges. RRST Ch. 1340-1-4-.04(7)(g) Also, under
"extreme circumstances" such an offender may be placed on
administrative probation in lieu of a suspension. RRST Ch.
1340-1-4-.04(7)(h)
7. "Drag
racing" is defined as the "use of any motor vehicle for the
purpose of ascertaining the maximum speed obtainable by the vehicle;
the use of any motor vehicle for the purpose of ascertaining the
highest obtainable speed of the vehicle within a certain distance or
within a certain time limit; the use of any one (1) or more motor
vehicles for the purpose of comparing the relative speeds of such
vehicle or vehicles, or for comparing the relative speeds of such
vehicle or vehicles within a certain distance or within a certain time
limit; the use of one (1) or more motor vehicles in an attempt to
outgain, outdistance or arrive at a given destination simultaneous
with or prior to that of any other motor vehicle; the use of any motor
vehicle for the purpose of the accepting of, or the carrying out of
any challenge, made orally, or in writing, or otherwise, made or
received with reference to the performance abilities of one (1) or
more motor vehicles." ß55-10-501(1)
8. However,
if this is the first time an offender's license has been revoked, they
may apply for a new one after only 6 months. ß55-50-502(e)(4)
9. A
person who has obtained a commercial driver's license (CDL) and is
qualified to operate a commercial motor vehicle. A commercial motor
vehicle is defined as a vehicle designed to carry either passengers or
property and either has a gross vehicle weight of 26,001 lbs., is
designed to transport more than 15 persons, or is transporting
hazardous materials which requires that the vehicle to be placarded in
accordance with U.S. Department of Transportation regulations. ß55-50-102(12)
10. A
"serious traffic violation" includes excessive speeding as
defined by the U.S. Secretary of Transportation (i.e., exceeding the
speed limit by 15 or more MPH) or reckless driving. ß55-50-102(44)
& (45) and 49 CFR ß383.5
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