Title 65, Public Utilities and Carriers

(a) An operator may appeal an adverse utility decision to the authority. (b) The authority may uphold, modify, or overturn a utility decision. (c) In resolving an appeal, the authority may establish reasonable conditions for utility coordination necessary for construction, operat…

A final decision of the authority under this part constitutes final administrative action for purposes of judicial review.

(a) An operator may apply to a local governmental entity for approval of subsurface construction beneath property owned by the local governmental entity or for which the local governmental entity holds an easement or right-of-way. (b) The application must include:(1) A legal desc…

(a) A local governmental entity shall review an application submitted pursuant to § 65-13-601 to determine whether the proposed construction will materially and substantially interfere with the present or reasonably foreseeable use of the property. (b) The local governmental enti…

(a) A local governmental entity shall issue a written determination approving or denying an application submitted pursuant to § 65-13-601 within thirty (30) days after receipt of a complete application. (b) A denial must identify the specific basis for the denial and the property…

(a) (1) If a local governmental entity approves an application submitted pursuant to § 65-13-601, then the local governmental entity shall enter into a lease or other agreement with the operator authorizing construction, operation, and maintenance of the transit project beneath t…

(a) If a local governmental entity fails to issue a determination or meet a deadline within the time required by § 65-13-603, then the failure constitutes a denial. (b) A denial under this section is subject to appeal to the authority in accordance with this chapter.

(a) (1) If a local governmental entity approves an application submitted pursuant to § 65-13-601 and enters into a lease or other agreement with an operator authorizing the construction, operation, or maintenance of a portion of a transit project beneath property owned by the loc…

A final decision of the authority under this part constitutes final administrative action for purposes of judicial review.

(a) There is created the subterranean transportation infrastructure coordination authority on July 1, 2026. (b) The authority is an instrumentality of this state and exercises only the powers provided in this chapter. (c) The authority is created for the purpose of resolving disp…

(a) The authority is governed by a board of directors. The board consists of nine (9) voting members and three (3) ex officio, non-voting members as follows:(1) Three (3) members to be appointed by the governor, each with expertise in one (1) of the following:(A) Utilities infras…

(a) The authority has jurisdiction to hear appeals concerning:(1) A denial or conditional approval of an application by a local governmental entity under part 3 or part 6 of this chapter;(2) A failure of a local governmental entity or utility to act within the timelines establish…

(a) The authority is vested with the power to:(1) Adopt, amend, and repeal bylaws;(2) Execute contracts, agreements, and leases in accordance with this chapter;(3) Hire and employ no more than three (3) full-time employees necessary to exercise the powers of the authority or tran…

(a) The authority is administratively attached to the department of commerce and insurance. The department, within existing resources, shall authorize department personnel to assist the authority in carrying out administrative duties, including the receipt and distribution of fed…

(a) The authority may condemn land, a right in land, an easement, or a right-of-way that the board determines is reasonably necessary for purposes of the construction, operation, or maintenance of a transit project. (b) The power of condemnation granted in this section applies on…

(a) Before exercising the power granted under § 65-13-706, the authority must determine that:(1) The property interest is reasonably necessary for the construction, operation, or maintenance of a transit project;(2) Good-faith negotiations consistent with this chapter have occurr…

(a) (1) For each transit project located on local government-owned property, the board shall cause to be produced a legal description of the project, including, as applicable:(A) The metes and bounds of the surface boundary under which the transit project lies;(B) A three-dimensi…

(1) For the purposes of facilitating the construction, operation, and maintenance of a transit project on local government-owned property, the board may execute a contract, lease, memorandum of understanding, work order, or other agreement with:(1) A state department or agency to…

(a) (1) A three-judge panel created pursuant to title 20, chapter 18 has exclusive jurisdiction over:(A) A civil action challenging a determination made by or an action of this state, the council, the authority, the board, or an operator in accordance with this chapter, or otherw…

(a) An operator under contract for the design, construction, operation, or maintenance of a transit project shall indemnify this state, a local governmental entity, a utility, or a private party from any damages to real or personal property or otherwise arising from the actions, …

(a) To the extent that this chapter conflicts with another provision of state law, this chapter controls. (b) This chapter does not supersede title 67. An operator shall pay all applicable state and local taxes, including, but not limited to:(1) Franchise and excise taxes in acco…

(a) Notwithstanding another law to the contrary, an operator has exclusive authority for initial emergency response, emergency medical services, fire suppression, life safety, and security operations between the points designated for entry into and exit from a transit project. (b…

In addition to the general powers, railroad terminal corporations have the power to acquire, in this or any other state or states, and at such place or places as shall be found expedient, such real estate as may be necessary on which to construct, operate, and maintain passenger …

When it may be necessary, in order to enable the corporation to acquire and construct proper railroad terminal facilities in any town or city, or to connect such facilities with the tracks of any railroad company with whom the corporation may have contracted to furnish such facil…

Such railroad terminal corporation may acquire, hold, and dispose of the capital stock or bonds of railroad companies or of other terminal companies, for the purpose alone of raising money for the acquisition, construction, maintenance, and repair of such passenger and freight de…

At any place where such railroad terminal corporation may acquire and construct passenger stations, the corporation may keep on such premises a hotel or restaurant, or both, and also a newsstand.

The corporation may lease to any railroad company or railroad companies its freight or passenger depots or stations, and its other terminal facilities located at any place where the line or lines of the railroad company or companies may terminate, or through which they may pass, …

Such railroad company or companies may severally or jointly, or jointly and severally, guarantee the principal and interest of such bonds as may be issued by the railroad terminal corporation, and may in like manner guarantee the performance of any other contract that the railroa…

Any such railroad company or companies may also subscribe, hold, and dispose of the capital stock or bonds which may be issued by the railroad terminal corporation.

(a) It is declared that the legislation contained in this part is enacted for the sole purpose of promoting and conserving the interest and convenience of the public by conferring upon the department of revenue and the department of safety the power and authority, and making it t…

(1) As used in this part, unless the context otherwise requires:(1) “Airport limousine” means every vehicle designed and/or constructed to accommodate and transport passengers, not more than twelve (12) in number, exclusive of the driver, having an operating agreement with an air…

(a) The provisions of this part, except those providing for safety inspection and safety rules and regulations for motor vehicles provided for in § 65-15-111, do not apply to any motor vehicles, while used exclusively:(1) Airport limousines — for carrying persons and/or property …

Motor vehicles, for which passengers are solicited, and which are operated to and from points of interest in or near any city, and which, therefore, perform the same service as a sight-seeing bus, are not excepted from this part, and this part shall apply to such motor vehicles, …

Neither this part nor any provision thereof shall be construed to regulate or apply to commerce with foreign nations, or commerce among the several states of the United States, or to business conducted for the government of the United States, except insofar as the same may be per…

(a) The department of safety is vested with the power and authority, and it is its duty, to license, supervise and regulate every motor carrier in the state and promulgate rules and regulations pertaining thereto. (b) (1) The department of safety shall designate enforcement offic…

(a) It is unlawful for any motor carrier, contract hauler, or exempt for-hire motor carrier to use any of the public highways of this state for the transportation of persons or property, or both, in interstate or intrastate commerce, without first having received a permit from th…

(a) A covenant, promise, agreement or understanding in or in connection with or collateral to a motor carrier transportation contract purporting to indemnify the promisee against liability for damages resulting from the negligence of the promisee, the promisee's agents or employe…

(a) The department shall adopt rules prescribing the manner and form in which motor carriers and/or contract haulers shall apply for intrastate or interstate permits required by this part. Every application shall be in writing and accompanied by the payment of fifty dollars ($50.…

(a) No interstate or intrastate permit shall be issued by the department until such carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance or bond and also, in the case of intrastate common carriers, a policy of cargo…

(a) The department of safety, by the authority vested in it by this part to license, supervise and regulate certain motor vehicles operating on the highways of Tennessee, shall periodically promulgate such safety rules and regulations as the department of safety deems necessary t…

(a) (1) Beginning January 1, 1994, for that calendar year and each calendar year thereafter, every freight motor vehicle required to register with the state pursuant to § 55-4-113, with the exception of those vehicles described in § 55-4-113(a)(3), shall pay a safety inspection f…

(a) Notwithstanding chapter 591, § 113 of the Public Acts of 1989, every officer, agent or employee of any corporation, or any other person who knowingly violates or fails to comply with or who procures, aids or abets in the violation of this part, commits a Class B misdemeanor, …

(a) “Spent nuclear fuel” means as defined in 42 U.S.C. § 10101(12) and (23) and the following:(1) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from su…

(a) Upon petition by a county mayor or the legislative body of any county, the department of safety is authorized to designate that county a “citizen transportation area” authorizing the use of church buses, privately owned school buses, and private citizens to carry passengers f…

(a) Notwithstanding this title or title 7, chapter 51, to the contrary, each for-hire motor carrier providing passenger transportation service in a motor vehicle or motor vehicles designed or constructed to accommodate and transport passengers, eight (8) or more in number, servic…

(a) The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a joi…