Tenn. Comp. R. & Regs. 1340-03-04-.05

Current through January 8, 2025
Section 1340-03-04-.05 - ANNUAL ENFORCEMENT NOTICE
(1) The chief law enforcement officer of each municipality properly authorized by the local legislative body to enforce rules of the road on interstate highways shall file with the Commissioner notification of a municipal law enforcement agency's intent to enforce rules of the road on interstate highways.
(2) A law enforcement agency intending to enforce the rules of the road on the interstate highways shall file its written notice on the form developed by the Department.
(a) Between November 1 and December 31 of a calendar year for authorization for the next calendar year;
(b) Between January 1 and October 31 of a calendar year for authorization between the date of approval by the Commissioner and December 31 of that same calendar year;
(c) Between November 1 and December 31 of a calendar year for authorization for the remainder of the same calendar year, only if the notification is accompanied by a letter, on agency letterhead, stating the notification is for the remainder of the calendar year.
1. The law enforcement agency will need to file a separate notification for the next calendar year in accordance with subparagraph (2)(a).
(3) In no event shall a notification for a law enforcement agency's authority to enforce the rules of the road on the interstate highways be valid prior to the date of approval by the Commissioner.
(4) In no event shall a notification for a law enforcement agency's authority to enforce the rules of the road on the interstate highways be valid for any period of time beyond the calendar year for which it is authorized.
(5) The notification by a law enforcement agency shall include, at a minimum, the following information:
(a) A statement indicating the anticipated frequency of enforcement activities expressed as the anticipated number of hours per week in which the municipal law enforcement agency will have one or more officers engaged in enforcement of the rules of the road on interstate highways.
(b) A statement indicating whether enforcement efforts will include active patrols or other methods of enforcement.
(c) A statement that all officers engaged in the enforcement of the rules of the road have read, understand, and will follow the General Orders listed herein and any addendums or referenced manuals thereto issued by the Tennessee Highway Patrol to ensure their safety, the safety of the public, and to ensure uniform enforcement procedures and standards:

G.O. # 405 - Traffic Direction and Control

G.O. # 411 - Pursuit Regulations

G.O. # 415 - Motorcycle Care and Operations (THP Only)

G.O. # 430 - Traffic Crash Investigation

G.O. # 500 - Use of Force

G.O. # 501 - Enforcement Policy and Professional Conduct

G.O. # 505 - Stop and Approach Procedures

G.O. # 506 - Profiling

G.O. # 513 - Vehicle Inventory and Searches

G.O. # 520 - Citations

G.O. # 555 - Speed Measurement Devices

G.O. # 712-1 - Cameras (In-Car)

(d) A statement indicating the law enforcement agency and all of its officers have read and understand the Tennessee Department of Transportation's Memorandum of Understanding for Quick and Safe Clearance when operating on the interstate.
(e) A statement indicating the law enforcement agency has submitted a Geographic Information System map that clearly shows the area of operations within the limits of the municipality. To include any entry and/or exit ramps on the interstate to which the law enforcement agency intends to utilize.
(f) Any statement and forms submitted to the State of Tennessee for approval must be current, official forms produced and accepted by the Tennessee Highway Patrol. No self-supplied or previous versions of forms will be accepted or approved.

Tenn. Comp. R. & Regs. 1340-03-04-.05

Original rule filed December 6, 2004; effective April 29, 2005. Repeal and new rule filed August 21, 2008; effective December 29, 2008. Amendment filed December 17, 2013; effective May 31, 2014. Amendments filed May 6, 2024; effective 8/4/2024.

Authority: T.C.A. §§ 4-3-2009, 4-7-112, and 55-10-308.