§ 65-15-102 — Part definitions

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 airport providing for a fixed passenger fare and a fixed schedule, the principal operations of which airport limousine is confined to areas between the airport and fixed points in municipalities, counties and the suburbs of the same within a forty (40) mile radius of such airport; (2) "Commissioner" means the commissioner of revenue unless otherwise indicated; (3) "Commuter van" means a motor vehicle, except taxicabs or airport limousines, used primarily for hauling not more than fifteen (15) passengers to and from their regular places of employment; (4) "Contract hauler" means any person, firm or corporation engaged in the transportation for compensation or hire of persons and/or property for a particular person or corporation to or from a particular place or places under special or individual agreement or agreements, and not operating as a common carrier and not operating exclusively within the corporate limits of an incorporated city or town, or exclusively within the corporate limits of such city or town and the suburban territory adjacent thereto, except "contract hauler" does not exclude those engaged in the transportation of mobile homes for hire or compensation within an incorporated city or town; (5) "Department" means the department of revenue unless otherwise indicated; (6) "Farm vehicle" means a motor vehicle that is: (A) Controlled and operated by a farmer as a private motor carrier of property; (B) Being used to transport either: (i) Agricultural products, or (ii) Farm machinery, farm supplies, or both, to or from a farm; (C) Not being used in the operation of a for-hire motor carrier; (D) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823 ; and (E) Used within one hundred fifty (150) miles of the farmer's farm; (7) "For-hire motor carrier" means a person engaged in the transportation of goods or passengers for compensation; (8) "Household goods" means personal belongings transported from one residence to another by motor carrier; (9) "Limousine" means any motor vehicle except a taxicab or sedan designed or constructed to accommodate and transport passengers for hire, with an extended wheel base and expanded seating capacity designed for the transportation of persons. The vehicle shall have additional rear seating capacity, area, and comforts; and shall be designed to transport not more than fourteen (14) persons, exclusive of the chauffeur/driver, and the principal operation of such vehicle is confined to the area within the corporate limits of cities and suburban territory adjacent thereto; (10) "Mobile home" means any factory assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its "own running gear and designed to be used as a dwelling unit" without a permanent foundation which can consist of one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity; or of two (2) or more units separately towable but designed to be joined into one (1) integral unit; (11) "Motor carrier" means any person, firm, partnership, association, joint stock company, corporation, lessee, trustee, or receiver appointed by any court whatsoever, operating any motor vehicle with or without semitrailers attached, upon any public highway for the transportation of persons or property, or both, or for providing or furnishing such transportation service, for hire as a common carrier; (12) "Motor freight broker" means any person, firm, partnership, association or corporation engaged in contracting for the transportation of property through the agency of any motor carrier, contract hauler, or other carrier by motor vehicle, where the person so contracting with the shipper or consignor, for such transportation, is not the owner or operator of the agency of motor vehicle transportation used in the actual transportation, but who arranges for such actual transportation by others, pursuant to regular or special contract had with such actual transporting agent; (13) (A) "Motor transportation agent" means any person, firm, partnership, association or corporation engaged, as principal or agent, in the selling, offering for sale, negotiation for, soliciting by advertisement or otherwise, arranging as an intermediary or otherwise, or that holds such person or firm out as one who sells, provides, furnishes or arranges for, transportation for any person or persons over the highways of this state upon a share-expense plan or for fixed compensation, either in the private motor vehicles of persons not motor carriers or contract haulers not holding certificates of convenience and necessity, interstate permit, or contract hauler's permit permitting the transportation of passengers over such highways between the points for which such transportation is sold or provided; (B) "Motor transportation agent" does not apply to the transportation of children to and from school; (14) "Motor vehicle" means any automobile, automobile truck, motor bus, truck bus or any other self-propelled vehicle not operated or driven upon fixed rails or tracks; (15) "Private carrier" means a person who provides transportation of property or passengers by a commercial motor vehicle and who is not a for-hire motor carrier; (16) "Public highway" means every public street, alley, road, highway, or thoroughfare of every kind in this state used by the public, whether actually dedicated to the public and accepted by the proper authorities or otherwise; (17) "Sedan" means any motor vehicle except a limousine or taxicab designed or constructed to accommodate and transport passengers for hire that does not have an extended wheel base or an expanded seating capacity designed for the transportation of persons. The vehicle has no additional rear seating capacity, area or comforts; is designed to transport not more than five (5) passengers, exclusive of the chauffeur/driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is not operated on a fixed route or schedule; (18) "Shuttle" means any motor vehicle designed or constructed to accommodate and transport not more than fifteen (15) passengers for hire, exclusive of the driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is operated on a fixed route or schedule; and (19) "Taxicab" means any motor vehicle except a limousine or sedan designed or constructed to accommodate and transport not more than nine (9) passengers for hire, exclusive of the driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is not operated on a fixed route or schedule.

Legislative History

Acts 1933, ch. 119, § 1; C. Supp. 1950, § 5501.1; impl. am. Acts 1955, ch. 69, § 1; Acts 1972, ch. 683, §§ 1, 2; T.C.A. (orig. ed.), § 65-1502; Acts 1982, ch. 622, § 1; 1995, ch. 305, § 30; 1999, ch. 97, § 1; 2007, ch. 484, § 98.