Tennessee Code Annotated

Tenn. Code Ann. § 65-12-108 (2026)

Locomotive operator must carry engineer's operator permit

✓ current as of May 2026
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Every person who operates a railroad locomotive in this state shall carry on such operator's person while operating such locomotive an engineer's operator permit.

Code 1858, § 1166 (deriv. Acts 1855-1856, ch. 94, §§ 1, 5-9; 1857-1858, ch. 44, § 3); Shan., § 1574; impl. am. Acts 1921, ch. 41, § 2; Acts 1925, ch. 133, § 1; mod. Code 1932, § 2628; Acts 1959, ch. 130, § 1; 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-1208; Acts 1982, ch. 632, § 1.


Notes of Decisions
Cited in 10 cases, 1985–2008 · leading case: Tennie Martin, et.al. v. S. Ry. Co., et.al., 271 S.W.3d 76 (Tenn. 2008).
Tennie Martin, et.al. v. S. Ry. Co., et.al., 271 S.W.3d 76 (Tenn. 2008). · cites it 11× “Tenn. Code Ann. § 65-12-108 (2). Furthermore, whether the whistle blew is also relevant to determining whether Mrs.”
Annette Rush, as Nat. Mother of Johnathan Rush, a Minor v. Illinois Cent. R.R. Co., AKA Canadian Nat'l-Illinois Cent. R.R., 399 F.3d 705 (6th Cir. 2005). · cites it 4× “The Underlying Action Annette Rush, as the natural mother and next of kin of Johnathan Rush, filed a diversity action against CN-IC in the United States District Court for the Western District of Tennessee alleging common law negligence and violations of Tennessee’s “Lookout…”
Dedra Shanklin, Individually & as Next Friend of Her Son Jessie Guy Shanklin v. Norfolk S. Ry. Co., 369 F.3d 978 (6th Cir. 2004). “See Tenn.Code Ann. § 65-12-108(2) ... There is also evidence in the record that the railroad’s officials were aware of general studies regarding recommended sight distance for motorists at railroad crossings, even though the railroad was not required to comply with those…”
Lewis v. Norfolk S. Ry. Co., 618 F. Supp. 2d 833 (W.D. Tenn. 2008). · cites it 10× “Specifically, Plaintiff alleges that Defendant violated Tennessee Code Annotated § 65-12-108 by failing to sound the train’s horn prior to commencing movement.”
Emery v. S. Ry. Co., 866 S.W.2d 557 (Tenn. Ct. App. 1993). · cites it 2× “They alleged the train crew of Southern failed to give the required warnings of T.C.A. § 65-12-108 of blowing the whistle or ringing the bell.”
Westbrook v. R.R., 688 S.W.2d 453 (Tenn. Ct. App. 1985). · cites it 2× “The plaintiff averred that the defendant violated T.C.A. § 65-12-108 and § 34-8 of the Memphis Municipal Code.”
Tennie Martin & Roya Mitchell, Co-Pers. Representatives of the Est. of Kathryn Martin, & Tennie Martin & Roy A. Mitchell v. NorFolk S. Ry. Co. (Tenn. Ct. App. 2007). · cites it 4× “Tenn. Code Ann. § 65-12-108 , states: In order to prevent accidents upon railroads, the following precautions shall be observed: (1) The officials having jurisdiction over every public road crossed by a railroad shall place at each crossing a sign, marked as provided by §…”
Tennie Martin, et.al. v. S. Ry. Co., et.al. - Concurring (Tenn. 2008). · cites it 4× “Based on the current appellate record, there exists a genuine factual issue regarding whether Conductor Danny Martin sounded the train’s whistle as the train approached the crossing as required by Tenn. Code Ann. § 65-12-108 (2) (2004). Summary judgment proceedings have never…”
Nolen v. S. Ry. Sys., 710 S.W.2d 49 (Tenn. Ct. App. 1985). · cites it 2× “Decker, the Burlington Northern engineer, failed to sound the whistle and ring the bell as the Burlington Northern train approached the crossing, according to T.C.A. § 65-12-108, and that he operated the train in excess of the speed limit set out in the Memphis Code § 34-8 and §…”
Shanklin v. Norfolk S. (6th Cir. 2004). “See Tenn. Code Ann. § 65-12-108 (2) . . . There is also evidence in the record that the Tennessee law, a plaintiff must show (1) a duty of care owed railroad’s officials were aware of general studies to the plaintiff by the defendant and (2) a breach of that duty, regarding…”
— Tenn. Code Ann. § 65-12-108(2) — 3 cases
Tennie Martin, et.al. v. S. Ry. Co., et.al., 271 S.W.3d 76 (Tenn. 2008). “Tenn. Code Ann. § 65-12-108 (2). Furthermore, whether the whistle blew is also relevant to determining whether Mrs.”
Dedra Shanklin, Individually & as Next Friend of Her Son Jessie Guy Shanklin v. Norfolk S. Ry. Co., 369 F.3d 978 (6th Cir. 2004). “See Tenn.Code Ann. § 65-12-108(2) ... There is also evidence in the record that the railroad’s officials were aware of general studies regarding recommended sight distance for motorists at railroad crossings, even though the railroad was not required to comply with those…”
Lewis v. Norfolk S. Ry. Co., 618 F. Supp. 2d 833 (W.D. Tenn. 2008). “Specifically, Plaintiff alleges that Defendant violated Tennessee Code Annotated § 65-12-108 by failing to sound the train’s horn prior to commencing movement.”
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