Section 1340-06-01-.16 - COMMERCIAL ZONES AND TERMINAL AREAS FOR TENNESSEE INTRASTATE FREIGHT CARRIERS EXCEPTIONS(1) Definitions: (a) The term municipality or municipalities, as used in this order should to understood to refer only to cities, towns, villages and boroughs which have been created by special legislative acts or otherwise individually incorporated or chartered pursuant to general laws or which are recognized as such under the Constitution or by the laws of the State of Tennessee, and which have existing local governments.(b) Distances. Airline distances about corporate limits of municipalities shall be used in all instances.(c) Population. The population of any municipality shall be that shown for such municipality by the 1960 Decennial Census conducted by the United States Bureau of Census, or any subsequent Decennial Federal Census.(d) Unincorporated area. The term "Unincorporated area" as used herein means any area regardless of its urban development not included within the corporate limits of an incorporated city, town village or borough.(e) Contiguous municipalities. Two municipalities having the same common border or boundary, (contiguous for the purpose used herein, shall not mean in close proximity to one another.)(f) Adjacent municipalities. Municipalities which although not contiguous have a distance of not over 15 miles between their respective boundaries or corporate limits at any point or points.(g) Base municipality. Base Municipality designates the municipality whose commercial zone is under consideration.(h) Terminal Areas. The limits around a city which line-haul carriers authorized to serve the particular city may serve.(2) The commercial zone of each municipality shall consist of:(a) The base municipality which shall include all annexations thereof on the effective date of the annexation and the population of which is determined by the last official census.(b) All contiguous municipalities within the State of Tennessee.(c) All unincorporated areas as follows: 1. When the base municipality has a population less than two-thousand five hundred (2,500) all unincorporated areas within two (2) miles of its corporate limits and all of any other municipality any part of which is within two (2) miles of the corporate limits of the base municipality2. When the base municipality has a population of two-thousand five hundred (2,500), but less than twenty-five thousand (25,000), all unincorporated areas within three (3) miles of the corporate limits and all of any other municipality any part of which is within three (3) miles of the corporate limits of the base municipality;3. When the base municipality has a population of twenty-five (25,000), but less than one hundred thousand (100,000), all unincorporated areas within four (4) miles of its corporate limits and all of any other municipality any part of which is within four (4) miles of the corporate limits of the base municipality;4. When the base municipality has a population of one hundred thousand (100,000) or more, all unincorporated areas within five (5) miles of its corporate limits and all of any other municipality any part of which is within five (5) miles of the corporate limits of the base municipality.(d) All adjacent municipalities any part of which would be included under (c) above as unincorporated.(e) All municipalities completely surrounded by the base municipalities and any contiguous municipality or adjacent municipality included in the zone under (d) above.(f) That the base municipality of Metropolitan Nashville and Davidson County, Tennessee shall be extended to include all of Davidson County, but this commercial zone shall, under no provisions, or any circumstances, extend into the surrounding counties, but shall terminate at the county line of Davidson County.(3) The terminal area within the meanings of the above definition, of any motor carrier of property authorized by this Commissioner of Safety and Homeland Security under Chapter 15 of Title 65 of the T.C.A., at any unincorporated community having a post office of the same name which is authorized to be served by such motor carrier of property shall be construed as:(a) All points or places in Tennessee which are located within the limits of the operating authority of the motor carrier of property, and within two and a half (2-1/2) miles of the post office at such authorized unincorporated point.(b) All of any municipality any part of which is included under (a) of this section.(c) Any municipality wholly surrounded by any municipality included under (b) of this section or so wholly surrounded except for a water boundary.(4) Exceptions. The points of Warcer, Tennessee and Jersey-Tyner, Tennessee shall be excluded from the commercial zones of Knoxville and Chattanooga, Tennessee, respectively; that the commercial zone applicable to the point of Ducktown, Tennessee, shall be extended east along U. S. Highway 64 to the North Carolina line so as to authorize common carrier service thereto.(5) Clarksville Commercial Zone. That the Commercial Zone of Clarksville, in addition to that set forth above, shall be extended northeastwardly from the existing zone at approximately the intersection of U. S. Highways 79 and 1-24 northwardly to the Tennessee Kentucky State Line in a corridor three miles in width, the same encompassing the L & N right-of-way as well as Highway 79 to the Tennessee-Kentucky State Line.Tenn. Comp. R. & Regs. 1340-06-01-.16
Original rule certified May 9, 1974. Rule 1340-06-01-.16 was transferred from rule 1220-02-01-.16 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012.Authority: T.C.A. §§ 65-15-106 and 65-15-113.