2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 3 - Certificates of Title
Part 1 - General Provisions
55-3-101 - Motor vehicles subject to registration and certificate of title provisions Exceptions. Definition of off-highway motor vehicle.

55-3-101. Motor vehicles subject to registration and certificate of title provisions Exceptions. Definition of off-highway motor vehicle.

(a)  Every motor vehicle or motorized bicycle, as defined in chapter 8 of this title, and every trailer, semi-trailer, and pole trailer, when driven or moved upon a highway, and every mobile home or house trailer, when occupied, shall be subject to the registration and certificate of title provisions of chapters 1, 2, this chapter and chapters 4-6 of this title, except:

     (1)  Vehicles driven or moved upon a highway in conformance with the provisions of chapters 1, 2, this chapter and chapters 4-6 of this title relating to manufacturers, transporters, dealers, lienholders, or nonresidents;

     (2)  Vehicles that are driven or moved upon a highway only for the purpose of crossing the highway from one (1) property to another;

     (3)  Any implement of husbandry;

     (4)  Any special mobile equipment;

     (5)  No certificate of title need be obtained for any vehicle of a type subject to registration owned by the government of the United States;

     (6)  No certificate of title need be obtained for a foreign vehicle that is subject to the registration provisions of this state, if the nonresident owner has a valid foreign certificate of title and certificate of registration and if the vehicle is to remain registered in the foreign state as well as in this state;

     (7)  Subject to the approval of the commissioner, no certificate of title need be obtained for a vehicle that is part of a proportionally registered fleet in this state if the owner has a valid certificate of title in another state and the vehicle is engaged in interstate commerce;

     (8)  Motorized bicycles, except when voluntarily registered under § 55-4-101; and

     (9)  No certificate of title need be obtained or maintained where the manufactured home is affixed to real property in accordance with § 55-3-138.

(b)  The owner of a vehicle excepted in subsection (a) from the requirement for titling and registering may, subject to the approval of the commissioner, apply for a certificate of title without applying for its registration. The commissioner shall by regulation provide for the manner in which single applications are to be made and the conditions under which they may be allowed; however, this subsection (b) shall not be construed as granting authority to issue certificates of ownership on any basis other than upon documentation or summary of ownership as required in this chapter.

(c)  (1)  Notwithstanding any other law to the contrary, off-highway motor vehicles purchased after June 1, 1983, shall be subject to the certificate of title and special identification device provisions of this chapter and § 55-6-101, when the off-highway motor vehicles are operated on lands, other than a highway, in this state.

     (2)  For the purposes of this title, an off-highway motor vehicle is a vehicle that is not driven or moved on the public highway and is limited to:

          (A)  Any motorcycle commonly referred to as a dirt bike;

          (B)  Any snowmobile or other vehicle designed to travel exclusively over snow or ice;

          (C)  Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all terrain vehicle; or

          (D)  Similar types of motor vehicles designed primarily for off-highway use.

     (3)  The department shall issue to the owner of an off-highway motor vehicle purchased after June 1, 1983, if not registered under chapter 4 of this title, a special identification device to be affixed to the vehicle as evidence that a certificate of title has been issued for the vehicle. The device may be either a plate or a sticker, whichever is determined by the department to be the most appropriate. The device shall be nonrenewable and nontransferable and shall become invalid when the vehicle for which it was issued is sold, or the ownership of the vehicle is transferred or the vehicle is dismantled.

     (4)  Off-highway motor vehicles purchased prior to July 1, 1982, may also be issued a certificate of title and special identification device upon application of the owner, if evidence of ownership is properly provided to the department. Off-highway motor vehicles purchased after June 30, 1982, and prior to June 1, 1983, may be issued a special identification device upon application of the owner and presentation of the certificate of title previously issued for the vehicle.

[Acts 1951, ch. 70, § 28 (Williams, § 5538.128); Acts 1963, ch. 143, § 3; 1968, ch. 403, § 1; 1972, ch. 518, § 4; 1972, ch. 535, § 1; 1979, ch. 247, § 2; T.C.A. (orig. ed.), § 59-301; Acts 1982, ch. 749, § 1; 1983, ch. 22, § 1; 1983, ch. 102, § 1; 1986, ch. 598, § 6; 1986, ch. 791, § 4; 1988, ch. 817, § 1; 2003, ch. 76, § 3; 2008, ch. 1007, § 7.]