Tennessee § 65-15-106 - Powers of department.

§ 65-15-106. Powers of department.

The department of safety is vested with the power and authority, and it is its duty, to license, supervise and regulate every motor carrier in the state and promulgate rules and regulations pertaining thereto. The department of safety shall designate enforcement officers charged with the duty of policing and enforcing this part, and such enforcement officers have authority to make arrests for violation of this part, orders, decisions, rules and regulations of the department of safety, or any part or portion thereof, and to serve any notice, order or subpoena issued by any court, the department of safety, its commissioner or any employee authorized to issue same, and to this end shall have full authority throughout the state. Such enforcement officers while enforcing and policing the provisions of this part also have authority to make arrests for any violations of the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4, and for violations of title 55, chapter 10, part 4, and § 55-50-408, when such violations are committed by a driver or an occupant of a vehicle regulated under this part. Such enforcement officers, upon reasonable belief that any motor vehicle is being operated in violation of this part, shall be authorized to require the driver thereof to: Stop and exhibit the registration certificate issued for such vehicle; Submit to such enforcement officer for inspection any and all bills of lading, waybills, invoices or other evidences of the character of the lading being transported in such vehicle; and Permit such officer to inspect the contents of such vehicle for the purpose of comparing same with bills of lading, waybills, invoices or other evidence of ownership or of transportation for compensation. It is the further duty of such enforcement officers to impound any books, papers, bills of lading, waybills and invoices which would indicate the transportation service being performed is in violation of this part, subject to the further orders of the court having jurisdiction over the alleged violation. Such enforcement officers shall also have the above authority with respect to anyone who procures, aids or abets any motor carrier in violation of this part or in such carrier's failure to obey, observe or comply with this part, or any such order, decision, rule, regulation, direction or requirement of the department of safety, or any part or portion thereof. In a case in which a penalty is not otherwise provided for in this part, such person commits a Class B misdemeanor and, upon conviction, shall be punished as provided for in § 65-15-113. It is lawful for enforcement officers of the department of safety, regularly employed by the department of safety, acting through its director, to wear or carry pistols or other firearms at such times as they are in uniform or on active duty, in like manner as city or metropolitan police officers, wildlife resources agency officers and Tennessee highway patrol officers. Department of safety enforcement officers may charge any person who is a driver, operator or occupant of a vehicle subject to department of safety jurisdiction pursuant to this chapter, and who has been charged with an offense involving the consumption or possession of alcoholic beverages, controlled substances or controlled substance analogues with a violation of § 39-17-1307, for the unlawful carrying or possession of a weapon. Any weapon possessed in violation of § 39-17-1307, may be confiscated by the arresting officer in accordance with § 39-17-1317. Weapons confiscated pursuant to this subsection (c), and declared contraband by the court of record exercising criminal jurisdiction, may be disposed of upon petition of the department of safety by the same procedure provided for weapon confiscations of the department of safety in § 39-17-1317. Those enforcement officers authorized to carry firearms while on duty may retain after twenty-five (25) years of honorable service and upon retirement from the department of safety their service weapon in recognition of their many years of good and faithful service. Except as inconsistent with the express terms and provisions of this part, the Tennessee public utility commission has the same power as to and over rates, practices, regulation, control and operation of motor vehicles, to which this part is applicable, as the department of safety now has under present law, with reference to railroads and utilities; provided, that nothing in this subsection (d) is intended to impose regulations upon contract carriers except insofar as the nature and character of their business so justify under the constitutions of Tennessee and the United States and the valid laws made pursuant thereto. The department is authorized to apply for federal funds that may be available and to conduct any new entrant audits and review and compliance inspections that may be required by regulations promulgated by the United States department of transportation. Acts 1933, ch. 119, §§ 4, 15; C. Supp. 1950, §§ 5501.4, 5501.17 (Williams, § 5501.15); impl. am. Acts 1955, ch. 69, § 1; Acts 1961, ch. 326, § 1; 1973, ch. 383, § 1; impl. am. Acts 1974, ch. 481, § 21; Acts 1980, ch. 702, § 1; T.C.A. (orig. ed.), §§ 65-1506, 65-1520; Acts 1983, ch. 474, § 1; 1988, ch. 863, § 1; 1989, ch. 211, § 1; 1990, ch. 881, § 1; 1993, ch. 441, §§ 1, 2; 1995, ch. 305, § 30; 1999, ch. 97, §§ 4, 5; 2007, ch. 484, § 100; 2009, ch. 321, § 28; 2012, ch. 848, § 85; 2017, ch. 94, § 53. Amendments. The 2017 amendment substituted “Tennessee public utility commission” for “Tennessee regulatory authority” in (d). Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017. Cross-References. Monitoring of radioactive truck traffic, § 68-202-104 . Penalty for Class B misdemeanor, § 40-35-111 . Power to regulate passenger transportation service and authority of department of safety, § 7-51-1005 . Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Carriers, § 58. Law Reviews. Administrative Law — 1961 Tennessee Survey (Val Sanford), 14 Vand. L. Rev. 1115 (1961).