Can I legally drive my four-wheeler on a Tennessee state highway?

Plain-English summary

This opinion responded to a question about whether the 2014 amendments to Tennessee's off-highway-vehicle statute opened up state highways (other than the interstate system) to all-terrain vehicles. The answer: yes, but only through a narrow route. An ATV cannot just be driven onto a state highway. It has to first qualify and be registered as a "medium speed vehicle" under Tenn. Code Ann. §§ 55-8-101 and 55-4-136.

A "medium speed vehicle" is defined in § 55-8-101(32) as any four-wheeled electric or gasoline-powered vehicle (golf carts excluded) with a top speed above 30 mph but no more than 35 mph that otherwise meets federal safety standards in 49 CFR 571.500. The federal standard requires a windshield, but § 55-4-136(a) waives the windshield requirement if the operator and each passenger wear a helmet and eye protection. Once registered, the vehicle may only be operated on streets with a posted speed limit of 40 mph or less (§ 55-8-191(b)(1)) and only by an operator holding a Class D driver license (§ 55-8-191(c)).

The opinion explains how this fits with the rest of § 55-8-185, which has four routes for an off-highway motor vehicle to be on a highway: (a) registered as a medium speed vehicle, (a) crossing a highway, (c) on two specifically named highways, or (e) on unpaved roads within an "adventure tourism district." The adventure tourism route at subsection (e) actually has a flat prohibition on state-highway use, so for ordinary state highways, the medium-speed-vehicle path is the only legal avenue. Two-wheeled ATVs cannot qualify because medium-speed vehicles must have four wheels. Municipalities, counties, and the Department of Transportation retain authority to ban medium-speed vehicles on specific roads in the interest of safety (§ 55-8-191(b)(2), (3)).

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Can a typical two-wheeled or three-wheeled ATV be registered as a medium speed vehicle?
A: No. The statutory definition of medium-speed vehicle requires four wheels. Tenn. Code Ann. § 55-8-101(32).

Q: What about ATVs that can go faster than 35 mph?
A: The medium-speed-vehicle definition caps top speed at 35 mph. Faster ATVs do not fit. They remain in the off-highway category and may not be driven on state highways under this opinion (except for the narrow uses in subsections (a), (c), and (e) of § 55-8-185, none of which authorizes general state-highway use of high-speed ATVs).

Q: Is a Class D license enough?
A: Yes, for medium-speed vehicles. A standard noncommercial Tennessee operator's license satisfies § 55-8-191(c).

Q: Could a city or county ban my registered medium-speed ATV from a local street?
A: Yes. Under §§ 55-8-191(b)(2) and (b)(3), municipalities, counties, and TDOT may prohibit medium-speed vehicle operation on any road in their jurisdiction in the interest of safety. Check local ordinances before relying on the state-law authorization.

Q: What if I want to ride on an unpaved road in an adventure tourism district?
A: That route exists under § 55-8-185(e), but subsection (e)(6) prohibits ATV operation on state highways or the interstate system within the district. The medium-speed-vehicle authorization in subsection (a) operates independently of the adventure-tourism limits.

Background and statutory framework

The 2014 amendment (2014 Tenn. Pub. Acts, ch. 871) created the new medium-speed-vehicle pathway by which an ATV that can meet the four-wheel, 30-to-35 mph definition can be registered for limited road use.

The opinion's main practical contribution is to clarify that subsection (a)'s medium-speed pathway operates independently of subsection (e)'s adventure-tourism restrictions. A vehicle properly registered under § 55-4-136 is being operated under (a), so the (e)(6) ban on state-highway use within an adventure-tourism district does not apply.

Citations and references

Statutes and regulations:

• Tenn. Code Ann. § 55-8-185 (off-highway motor vehicles on highways; 2014 amendment)
• Tenn. Code Ann. § 55-3-101(c)(2), (c)(2)(C) (definition of off-highway motor vehicle, including ATVs)
• Tenn. Code Ann. § 55-8-101(1)(C), (24), (32), (66) (definitions: all-terrain vehicle, highway, medium speed vehicle, street)
• Tenn. Code Ann. § 55-1-125 (related vehicle definition)
• Tenn. Code Ann. §§ 55-2-101, 55-4-102 (vehicle registration administration)
• Tenn. Code Ann. § 55-4-136(a) (medium-speed vehicle registration; helmet/eye-protection alternative to windshield)
• Tenn. Code Ann. § 55-8-191(b)(1), (b)(2), (b)(3), (c) (40 mph speed-limit cap, local ban authority, Class D requirement)
• 49 CFR 571.500 (federal low-speed vehicle safety standards)
• 2014 Tenn. Pub. Acts, ch. 871 (medium-speed-vehicle pathway)

Subject

Opinion No. 14-97, Operation of All-Terrain Vehicles on State Highways, October 30, 2014

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-097.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
October 30, 2014
Opinion No. 14-97
Operation of All-Terrain Vehicles on State Highways

QUESTION

Do the provisions of Tenn. Code Ann. § 55-8-185 allow all-terrain vehicles as defined in Tenn. Code Ann. § 55-8-101 to operate on state highways that are not a part of the interstate and defense highway system?

OPINION

Yes. An all-terrain vehicle that is registered as a "medium speed vehicle" pursuant to Tenn. Code Ann. §§ 55-8-101 and 55-4-136 may be operated on a state highway that has a posted speed limit of 40 miles per hour or less.

ANALYSIS

Tenn. Code Ann. § 55-8-185 addresses the operation of an "off-highway motor vehicle" on highways. "Any motor vehicle commonly referred to as a[n] all terrain vehicle" is included within the definition of an "off-highway motor vehicle." Tenn. Code Ann. § 55-3-101(c)(2)(C). As recently amended, § 55-8-185 provides:

No off-highway motor vehicle defined in § 55-3-101(c)(2) shall be operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle pursuant to §§ 55-8-101 and 55-4-136; is operated or driven pursuant to subsections (c) or (e); or is operated or driven for the purpose of crossing a highway as follows:

Tenn. Code Ann. § 55-8-185(a) (amended by 2014 Tenn. Pub. Acts, ch. 871, § 2). This subsection thus provides four separate means by which an off-highway motor vehicle may be lawfully operated on a highway. Subsection (a) permits such operation if the off-road motor vehicle is registered as a medium-speed vehicle. The remainder of subsection (a) provides the manner and conditions under which off-highway motor vehicles may cross highways. Subsection (c) provides for the operation of all-terrain vehicles on two specific highways. And subsection (e) provides for the operation of all-terrain vehicles "on any unpaved streets, roads, or highways" within the boundaries of an adventure tourism district. In order to operate in an adventure tourism district under subsection (e), however, an all-terrain vehicle must comply with certain provisos, one of which is that "[n]o all-terrain vehicles shall be operated on any state highway or any highway that is a part of the interstate and defense highway system." Tenn. Code Ann. § 55-8-185(e)(6).

Subsection (a)'s provision for the operation upon a highway of a registered medium-speed vehicle therefore provides the sole source of potential authority for the regular operation of all-terrain vehicles on state highways. A medium-speed vehicle is defined by Tenn. Code Ann. §§ 55-8-101(32) as:

[A]ny four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph) but not more than thirty-five miles per hour (35 mph) and otherwise meets or exceeds the federal safety standards set forth in 49 CFR 571.500, except as otherwise provided in § 55-4-136.

Under Tenn. Code Ann. § 55-4-136, medium-speed vehicles may be registered with the Vehicle Services Division of the Department of Revenue. See generally Tenn. Code Ann. §§ 55-2-101; 55-4-102. The operator must "provide[ ] an affidavit, under penalty of perjury, on a form prescribed by the department certifying that the vehicle" qualifies as a medium-speed vehicle as defined in § 55-1-125. Id. § 55-4-136. Once registered, medium-speed vehicles may be operated "on streets where the posted speed limit is forty miles per hour (40 mph) or less." Id. § 55-8-191(b)(1). The operator must possess a valid Class D driver license. Id. § 55-8-191(c).

Some vehicles included within the definition of an "all-terrain vehicle" will not meet the definition of a "medium speed vehicle," because a "medium speed vehicle" must have four wheels. See Tenn. Code Ann. § 55-8-101(1)(C) (defining "all-terrain vehicle" as including a motorized vehicle "not intended for use on public roads traveling on two (2) wheels"). But some types of all-terrain vehicles that have four wheels may be able to meet the definition of a "medium speed vehicle." If so, the all-terrain vehicle may be operated on highways, including state highways, that have a posted speed limit of 40 miles per hour or less.

HERBERT H. SLATERY III
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

LAURA T. KIDWELL
Senior Counsel

Requested by:
The Honorable Ken Yager
State Senator
G19 War Memorial Building
Nashville, TN 37243-0212