What Tennessee law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text. Where the state has no rule on a question, the page says "No statewide rule found" and what the law does cover.
Published
Reviewed . Sources: Tenn. Code Ann. §§ 55-8-101(1)(B), (45); 70-9-103(4); Tenn. Code Ann. §§ 55-3-101(c)(1)-(2); 55-8-101(45); Tenn. Comp. R. & Regs. 1660-01-14-.15(1)-(3); 1660-01-28-.03; Tenn. Code Ann. §§ 55-52-201(a)(1)(A), (a)(2), (b)(1)-(3); 55-3-101(c)(2); 55-8-101(45); 70-9-105(2); Tenn. Code Ann. §§ 55-52-201(b)(1); 55-8-185(b)(3)-(4); Tenn. Code Ann. §§ 55-8-185(a), (b)(1)-(5), (b)(7), (b)(8)(A), (b)(8)(B)(i), (c)(1)(A), (c)(2), (d); 55-8-101(1)(B); 55-3-101(a)(1)-(2); Tenn. Code Ann. § 55-8-301(1)-(4).
The answers
Is an electric dirt bike an off-highway vehicle?
Tennessee's rules-of-the-road chapter defines an off-highway vehicle or off-highway motor vehicle as any vehicle designed primarily to be operated off public highways, including any Class I off-highway vehicle, Class II off-highway vehicle, all-terrain vehicle, any motorcycle commonly referred to as a dirt bike, or any snowmobile or other vehicle designed to travel exclusively over snow or ice. The same chapter's all-terrain vehicle definition includes a motorized vehicle traveling on two wheels, designed for or capable of cross-country travel and not intended for use on public roads, with a seat or saddle designed to be straddled and handlebars for steering control. The Tennessee Off-Highway Vehicle Act defines an OHV as any off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies. None of these definitions names a power source.
Tennessee's title statute makes "off-highway motor vehicles" purchased after June 1, 1983 subject to the certificate of title and special identification device provisions of that chapter and § 55-6-101 when they are operated on lands, other than a highway, in the state; Class I and Class II off-highway vehicles are excepted. The term has the meaning in § 55-8-101: any vehicle designed primarily to be operated off public highways, including an all-terrain vehicle and any motorcycle commonly referred to as a dirt bike. Separately, and only on designated wildlife management areas, a Tennessee Wildlife Resources Agency rule requires a High Impact Habitat Conservation Permit for off highway vehicle use, a term the rule says includes motorcycles. Persons holding a valid hunting license with an appropriate permit to hunt on a wildlife management area and youths under age 13 are exempt, at least one occupant of a vehicle must possess the proper permit, and the rule adds "No permit shall be required on roads/trails as designated." The fee rule lists that permit at $73.00 annual or $15.00 for 1 day for residents and $232.00 annual or $37.00 for 1 day for non-residents.
It is an offense for a parent or legal guardian of a person under 18 to permit that person to operate or be a passenger on an "off-highway motor vehicle" unless the person is wearing an appropriate helmet, meaning one that meets the federal standard in 49 CFR 571.218 with the variations the section lists; the offense is committed under circumstances indicating that the parent or guardian knew or should have known that the child is or would be operating, or is or would be a passenger on, such a vehicle. "Off-highway motor vehicle" has the meaning in § 55-8-101: any vehicle designed primarily to be operated off public highways, including an all-terrain vehicle and any motorcycle commonly referred to as a dirt bike. The rule does not apply on the private property of the parent or legal guardian or of a relative, or when the vehicle is operated by a person under 18 who is commuting for the purpose of hunting and is in possession of a valid hunting license. Separately, § 70-9-105 authorizes the commission to make rules establishing safety requirements for riders on publicly owned or leased lands and says riders under 18 shall, at a minimum, wear a helmet.
No statewide age, supervision or training rule for operating an off-road motorcycle found. Tenn. Code Ann. § 55-52-201(b)(1) makes it an offense, with the exceptions in (b)(2) and (3), for a parent or legal guardian to permit a person under 18 to operate or be a passenger on an off-highway motor vehicle unless the person is wearing an appropriate helmet, and § 55-8-185(b)(3)-(4) requires an operator who is 16 or older and possesses a valid driver license, which does not include a permit, in order to operate a utility terrain vehicle under that section.
That is not the same as no rule: land managers, local governments and tracks set their own, so ask whoever manages the ground before you ride.
Section 55-8-185 is written for a "utility terrain vehicle", a term that includes an "all-terrain vehicle"; as used in that chapter, "all-terrain vehicle" includes a motorized vehicle traveling on two wheels, designed for or capable of cross-country travel, not intended for use on public roads, with a seat or saddle designed to be straddled and handlebars for steering control. To operate under the section the vehicle must be registered in accordance with chapters 3 and 4 and covered by a liability policy; the operator must be 16 or older and possess a valid driver license, which does not include a permit; the operator and each passenger must wear a helmet meeting 49 CFR 571.218 (or, at 21 or older, one meeting § 55-9-302(a)(1)-(4)) unless exempted under § 55-9-302(b); equipment the section lists, if fitted, must be operational and used; and operation is only during daylight hours, including the 30 minutes before dawn and the 30 minutes after dusk, except for agricultural purposes and publicly owned vehicles used for wildlife management, law enforcement, emergency services or other such purposes. The section covers any state highway where the speed limit is 45 mph or less and any county road, if it is not part of the interstate and national defense highway system, not a controlled access highway and not prohibited by a county, municipality or the department of transportation, at a rate not to exceed 35 mph. On a state highway or other noncounty road with a speed limit over 45 mph, other than the interstate system, the section covers only crossing from one road, field or area of operation to another: after a complete stop, yielding to oncoming traffic, with headlights and taillights lit if equipped, at approximately 90 degrees on a two-lane highway, and at a designated, signed crossing place on a highway with more than two lanes or limited access. Utility terrain vehicles operated on any private or public recreational trail or area are exempt from the registration requirements of chapter 4, part 7 and from the section's equipment and safety requirements. Separately, § 55-3-101(a) subjects every motor vehicle driven or moved upon a highway to the registration and certificate of title provisions, except, among others, vehicles driven or moved upon a highway only to cross it from one property to another.
Tennessee defines an electric bicycle as a device with two or three wheels, any of which is 20 inches or more in diameter, fully operable pedals for human propulsion and an electric motor of less than 750 watts, that meets one of three classes. Class 1 assists only when the rider is pedaling and stops assisting at 20 mph; Class 2 has a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches 20 mph; Class 3 assists only when the rider is pedaling and stops assisting at 28 mph.
This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.
