(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 55-9-414

  • Department: means the department of revenue. See Tennessee Code 55-1-111
  • Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means :
    (A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(1) Except as provided in subsections (b)-(f), it is an offense for anyone to install, maintain or exhibit blue flashing emergency lights or blue flashing emergency lights in combination with red flashing emergency lights, except full-time, salaried, uniformed law enforcement officers of the state, county, or city and municipal governments of the state, and commissioned members of the Tennessee bureau of investigation when their official duties so require as defined by §§ 38-8-106 and 38-8-107.
(2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(b)

(1) The prohibition in subsection (a) does not apply to the motor vehicles of constables who are wearing law enforcement uniforms designated by the governing body of the county in which they serve in those counties in which the constables retain law enforcement powers and duties under §§ 8-10-108, 39-17-505, 40-6-210, 55-8-152, 57-5-202 and 57-9-101.
(2) Subdivision (b)(1) shall apply only to those counties having a population of:

not less than

nor more than

11,100

11,200

11,500

11,600

13,975

14,500

43,000

44,000

65,750

66,000

70,000

74,000

according to the 1970 federal census or any subsequent federal census.

(c) The prohibition of subsection (a) does not apply to official motor vehicles of the sheriff’s department being operated by reserve or auxiliary deputy sheriffs duly authorized by the sheriff and appointed pursuant to title 8, chapter 20. These reserve or auxiliary officers operating departmental vehicles shall be in uniform and carry appropriate identification issued by the sheriff.
(d) The prohibition of subsection (a) does not apply to motor vehicles of specially commissioned police officers employed pursuant to § 49-7-118(f) when operating either within five (5) miles of any property owned or operated by the colleges or universities referenced therein, or as may be directed by the chief law enforcement officer of the applicable county.
(e) The prohibition of subsection (a) does not apply to official motor vehicles of a municipal police department being operated by reserve or auxiliary police officers duly authorized by the police chief and qualified pursuant to title 38, chapter 8. The reserve or auxiliary officers operating departmental vehicles shall be in uniform and carry appropriate identification issued by the police chief.
(f)

(1) The prohibition in subsection (a) does not apply to any privately-owned motor vehicle that is primarily operated for business purposes by any salesperson, service representative, employee, lessee, or duly authorized agent of an emergency equipment company; provided, that the vehicle is marked with the lettering required by § 55-9-402(g)(3). Any person operating a motor vehicle pursuant to this subsection (f) shall comply with the requirements of § 55-9-402(g)(2).
(2) Nothing in this subsection (f) imposes any duty or obligation on a manufacturer of motor vehicles used by or sold to emergency equipment companies to install, maintain or exhibit the lighting system allowed in this subsection (f) at the time of manufacture or sale.
(3) Nothing in this subsection (f) shall be construed to permit the operator of an emergency equipment company vehicle from operating any lighting equipment authorized by subsection (a) while the vehicle is on a public road, whether in motion or stationary.
(4) As used in this section, the terms “emergency equipment company” or “company” have the same meaning as defined in § 55-9-402.
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