Tennessee Code Annotated
Tenn. Code Ann. § 55-8-132 (2026)
Operation of vehicles and streetcars on approach of emergency vehicle and when approaching certain stationary vehicles
✓ current as of May 2026
- (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the applicable laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only:
- (1) The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and
- (2) Upon the approach of an authorized emergency vehicle, as stated above, the operator of every streetcar shall immediately stop the streetcar clear of any intersection and keep it in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
- (b) Upon approaching a stationary authorized emergency vehicle, when the vehicle is giving a signal by use of flashing lights, a person who drives an approaching vehicle shall:
- (1) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
- (2) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
- (c)
- (1) Upon approaching a stationary recovery vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle, when the vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall:
- (A) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary recovery vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
- (B) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
- (2) Upon approaching a stationary vehicle that is giving a signal by use of flashing hazard lights, a person who drives an approaching vehicle shall:
- (A) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
- (B) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
- (1) Upon approaching a stationary recovery vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle, when the vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall:
- (d) For the purpose of this section unless the context otherwise requires:
- (1) "Highway maintenance vehicle" means a vehicle used for the maintenance of highways and roadways in this state and is:
- (A) Owned or operated by the department of transportation, a county, a municipality or other political subdivision of this state; or,
- (B) Owned or operated by a contractor under contract with the department of transportation, a county, a municipality or other political subdivision of this state;
- (2) "Recovery vehicle" means a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles; and
- (3) "Utility" means any person, municipality, county, metropolitan government, electric cooperative, telephone cooperative, board, commission, district or any entity created or authorized by public act, private act, or general law to provide electricity, natural gas, water, waste water services, telephone services, or any combination thereof, for sale to consumers in any particular service area.
- (1) "Highway maintenance vehicle" means a vehicle used for the maintenance of highways and roadways in this state and is:
- (e)
- (1) The first violation of this section is a Class B misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), or imprisonment not longer than thirty (30) days, or both.
- (2) A second violation of this section is a Class B misdemeanor punishable by a fine of one thousand dollars ($1,000).
- (3) A third or subsequent violation of this section is a Class A misdemeanor punishable by a fine of two thousand five hundred dollars ($2,500).
- (f) This section shall not operate to relieve the driver of a stationary motor vehicle, authorized emergency vehicle, recovery vehicle, solid waste vehicle, or highway maintenance vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the highway.
- (g)
- (1) A person violating this section may also be prosecuted and convicted for the offense of:
- (A) The Class E felony of criminally negligent homicide under § 39-13-212, if the conduct giving rise to the violation of this section is criminally negligent, as defined in § 39-11-302(d), and results in the death of another;
- (B) The Class D felony of reckless homicide under § 39-13-215, if the conduct giving rise to the violation of this section is reckless, as defined in § 39-11-302, and results in the killing of another; and
- (C) The Class C felony of vehicular homicide under § 39-13-213, if the conduct giving rise to the violation of this section is reckless, as defined in § 39-11-302(c), proximately results in the killing of another and the conduct created a substantial risk of death to another.
- (2) Nothing in subdivision (g)(1) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense.
- (1) A person violating this section may also be prosecuted and convicted for the offense of:
- (h) Upon approaching a stationary motor vehicle that is located on the shoulder, emergency lane, or median and the vehicle is giving a signal by use of flashing lights, a person who drives an approaching vehicle shall:
- (1) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the motor vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
- (2) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
Amended by 2023 Tenn. Acts, ch. 354, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 354, s 1, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 95, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 95, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 368, s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 368, s 1, eff. 7/1/2015.
Acts 1955, ch. 329, § 31; T.C.A., § 59-832; Acts 2003 , ch. 384, § 1; 2006, ch. 653, § 1; 2008 , ch. 869, §§ 1, 2; 2011 , ch. 40, §§ 1-3.
Notes of Decisions
Cited in 12
cases, 1987–2016 · leading case: Wright v. City of Knoxville, 898 S.W.2d 177 (Tenn. 1995).
Wright v. City of Knoxville, 898 S.W.2d 177 (Tenn. 1995). “The first, Tenn. Code Ann. § 55-8-132 , concerns the duty of motorists to yield to emergency vehicles.”
Kowalski v. Eldridge, 765 S.W.2d 746 (Tenn. Ct. App. 1988). “Kowalski contends that the decedent could not comply with T.C.A. § 55-8-132, which sets forth the procedures required of an automobile on the approach of an emergency vehicle, due to the danger of the small shoulder on the right-hand side of the road and the ditch located beyond…”
Thomas v. State, 742 S.W.2d 649 (Tenn. Ct. App. 1987). “Plaintiff next complains that the Commission erred in finding her negligent by violating T.C.A. § 55-8-132(a)(l) which reads as follows: Operation of vehicles and streetcars on approach of authorized emergency vehicles.”
Robin G. Jones v. Bradley Cnty., Tennessee (Tenn. Ct. App. 2016). “Did the trial court err by not finding that the sole proximate cause of the accident was a breach of Plaintiff Jones’s duty under Tenn. Code Ann. § 55-8-132 (2012) to yield the right of way under the circumstances? 3.”
State of Tennessee v. Jacob Aaron Faulkner (Tenn. Crim. App. 2012). “” See Tenn. Code Ann. §§ 55-8-132 (b), -10-401(a).”
State of Tennessee v. Robert Cooper (Tenn. Crim. App. 2010). “See Tenn. Code Ann. § 55-8-132 (b). The statute further provided that “[a]violation of this section is a Class C misdemeanor punishable only by a fine of fifty dollars ($50.”
Cannon v. City of Chattanooga (Tenn. Ct. App. 1999). “Section § 55-8-132 provides, in pertinent part, as follows: (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals.”
State of Tennessee v. Tracy J. Brooks (Tenn. Crim. App. 2011). “At the time of the offense, Tennessee Code Annotated section 55-8-132(b) (2008), often referred to as the “move over law,” provided as follows: Upon approaching a stationary authorized emergency vehicle, when the vehicle is giving a signal by use of flashing lights, a person who…”
Pamela C. Bess v. Props., L.P. (Tenn. Ct. App. 2010). “…v. Daniel, 854 S.W.2d 865, 869 (Tenn. 1993) (citing McClenahan v. Cooley, 806 S.W.2d 767, 774 (Tenn. 1991)). 5 See Tenn. Code Ann. § 55-8-132 . -5-”
Linda Bradley v. John Waderker (Tenn. Ct. App. 2003). “T.C.A. § 55-8-132 provides in pertinent part: (a) Upon the immediate approach of an authorized emergency vehicle .”
Foulke v. City of Greeneville (Tenn. Ct. App. 1998). “Whether the ambulance came to a complete stop, or to a ‘rolling stop’ before crossing the westbound lanes is debatable, but the preponderant evidence is that the van came “from somewhere behind the milk truck” and struck the ambulance in the ‘fast’ lane of U.”
Fox v. City of Dover (Tenn. Ct. App. 1998). “§ 55-8-132 when he failed to drive to a position parallel to the right-hand edge of the roadway and stop upon the approach of authorized emergency vehicles using audible and visual signals.”
— Tenn. Code Ann. § 55-8-132(a)(1) — 1 case
Cannon v. City of Chattanooga (Tenn. Ct. App. 1999). “Section § 55-8-132 provides, in pertinent part, as follows: (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals.”
— Tenn. Code Ann. § 55-8-132(a)(l) — 1 case
Thomas v. State, 742 S.W.2d 649 (Tenn. Ct. App. 1987). “Plaintiff next complains that the Commission erred in finding her negligent by violating T.C.A. § 55-8-132(a)(l) which reads as follows: Operation of vehicles and streetcars on approach of authorized emergency vehicles.”
— Tenn. Code Ann. § 55-8-132(b) — 2 cases
State of Tennessee v. Jacob Aaron Faulkner (Tenn. Crim. App. 2012). “” See Tenn. Code Ann. §§ 55-8-132 (b), -10-401(a).”
State of Tennessee v. Tracy J. Brooks (Tenn. Crim. App. 2011). “At the time of the offense, Tennessee Code Annotated section 55-8-132(b) (2008), often referred to as the “move over law,” provided as follows: Upon approaching a stationary authorized emergency vehicle, when the vehicle is giving a signal by use of flashing lights, a person who…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.