LegalFix

§ 55-10-308. Enforcement within municipalities -- Suspension of authorization.

TN Code § 55-10-308 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) For purposes of this section:

(1) “Interstate highway” means a portion of any highway designated and known as part of the national system of interstate and defense highways; and

(2) “Marked law enforcement vehicle” means a law enforcement vehicle equipped with:

(A) At least one (1) light bar assembly designed to display more than one (1) steady burning, flashing, or revolving beam of light with three hundred sixty degrees (360°) visibility;

(B) A horn, siren, electronic device, or exhaust whistle from which audible signals may sound; and

(C) Graphics, markings, or decals clearly identifying the agency or department on at least three (3) of the following four (4) sides:

(i) Front;

(ii) Rear;

(iii) Left side; or

(iv) Right side.

(b) Where chapter 8 of this title and §§ 55-10-101 — 55-10-310 apply to territory within the limits of a municipality, the primary responsibility for enforcing the sections shall be on the municipality which shall be further authorized to enforce the additional ordinances for the regulation of the operation of vehicles as it deems proper.

(c) Notwithstanding subsection (b), any municipality having a population of at least two thousand five hundred (2,500) and no more than ten thousand (10,000), according to the 2010 federal census or any subsequent federal census, with at least one (1) entrance ramp to and at least one (1) exit ramp from an interstate highway within the limits of such municipality, or any municipality having a population of less than two thousand five hundred (2,500), according to the 2010 federal census or any subsequent federal census, with at least two (2) entrance ramps to and at least two (2) exit ramps from an interstate highway within the limits of such municipality, may regulate enforcement of chapter 8 of this title and §§ 55-10-101 — 55-10-310, on the portions of any interstate highway lying within the territorial limits of the municipalities exercise if:

(1) The local legislative body of the municipality authorizes such enforcement of the rules of the road;

(2) Any ordinance or resolution authorizing the enforcement of rules of the road is submitted to the commissioner of safety; and

(3) The municipality enforces the rules of the road in full compliance with the rules promulgated by the commissioner of safety; provided, that this restriction shall not apply to drug interdiction officers employed by the municipality while the officers are actively serving with any judicial district drug force.

(d) Any municipal law enforcement agency enforcing rules of the road on interstate highways pursuant to subsection (c) shall use only marked law enforcement vehicles. Graphics, markings, or decals that are transparent, translucent, or create a holographic effect do not clearly identify the agency or department for purposes of this subsection (d).

(e)

(1) The commissioner may refuse to issue or may suspend for up to three (3) years the authorization of a municipality, having a population of ten thousand (10,000) or less, according to the 2010 federal census or any subsequent federal census, to enforce the rules of the road on the interstate highways, if the commissioner determines that the municipality is not complying with the requirements set forth in this section or the rules promulgated by the department.

(2) Suspension of authorization shall be made in writing and sent by certified mail, return receipt requested, to both the chief law enforcement officer and the mayor of the municipality no less than thirty (30) days prior to the effective date of the suspension of authority.

(3) The municipal law enforcement agency shall have twenty (20) days from receipt of the suspension notice to provide proof to the department that the municipal law enforcement agency is complying with the rules promulgated by the department. Timely submission of proof to the department shall stay a suspension until the department makes a determination regarding the suspension of authority of the municipality to enforce the rules of the road on the interstate highways.

(4) If the proof submitted pursuant to subdivision (e)(3) is acceptable to the department, the commissioner shall inform in writing the chief law enforcement officer and mayor that the suspension is being rescinded.

(5) If the proof submitted pursuant to subdivision (e)(3) is not acceptable to the department, the commissioner shall inform the chief law enforcement officer and the mayor and the suspension of authorization shall be reinstituted.

(f) No municipality having a population of ten thousand (10,000) or less, according to the 2010 federal census or any subsequent federal census, and with at least two (2) entrance ramps to and at least two (2) exit ramps from an interstate highway shall be authorized to enforce chapter 8 of this title and §§ 55-10-101 — 55-10-310 when the contiguous stretch of the interstate highway between such entrance and exit ramps does not lie solely within the territorial limits of the municipality.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 55-10-308. Enforcement within municipalities -- Suspension of authorization.