When making a left turn on a green arrow in Tennessee, do I have to turn into the lane closest to the center line, or can I turn into any lane to the right of center?

Subject

Opinion No. 15-32, Two-Way Roads Provisions of Tenn. Code Ann. § 55-8-140, April 8, 2015

Plain-English summary

A state representative asked four traffic-law questions about left turns, right-on-red turns, and bicycle lanes. The AG answered the legal questions and declined to assign fault in any hypothetical collision (fault is a fact-intensive determination for the courts).

On left turns: Tenn. Code Ann. § 55-8-140 requires a driver turning left from one two-way road onto another to approach from the right half of the roadway nearest the center line, pass to the right of the center of the intersection, and exit to the right of the center line of the road being entered. "Whenever practicable," the turn should be completed to the left of the intersection center. The statute does not specify which particular lane (innermost lane vs. outer lane) the driver must end in, only the side of the center line. The Tennessee Comprehensive Driver License Manual offers a tip ("turn into the first lane past the center line . . . Never turn 'wide' into the right lane") but the AG noted the Manual is guidance, not binding law. Drivers still must exercise due care under Tenn. Code Ann. §§ 55-8-123, -129, -142, and -143.

On right-on-red and bicycle lanes: the AG pointed to a prior opinion (Tenn. Att'y Gen. Op. 14-13) that addressed a substantially identical question. The bottom line: state law classifies a bicycle lane as part of the roadway, and a driver may pass on the right (using the bicycle lane or otherwise) only when the movement can be made in safety.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Tennessee's "Rules of the Road" sit in Title 55, Chapter 8. For left turns, several sections work together:

• § 55-8-129 imposes the yield-to-oncoming-traffic rule.
• § 55-8-142 requires that turns be made from the proper position on the roadway as required in § 55-8-140 and not without reasonable safety.
• § 55-8-143 imposes a duty to start, stop, or turn only when the movement can be made safely.
• § 55-8-140 sets the specific geometry: approach from the right half nearest the center line, pass to the right of the center of the intersection, exit to the right of the center line of the road being entered. Whenever practicable, the turn happens to the left of the intersection center.

What the statute does not say: it does not lock the driver into the innermost lane on the road being entered. So a driver completing a left turn into the second or third lane (still to the right of the center line) is following the literal statutory rule. The Manual's "don't turn wide" advice is sound practice and consistent with due care, but it is not itself the law.

For right-on-red questions involving bicycle lanes, the AG pointed to Op. 14-13. In essence, state law treats a bicycle lane as a portion of the roadway, and the no-passing-on-the-right and safe-overtaking rules in Title 55, Chapter 8, apply.

Common questions

So can I turn left into the outer lane on a green arrow?
The statute does not prohibit it, as long as the turn ends to the right of the center line of the road being entered and is made with reasonable safety. The Manual's recommendation is to turn into the lane closest to the center line. Practice, signage, and lane markings at a specific intersection can affect what is "practicable" and what is safe.

Will the AG tell me who's at fault if I get into an accident doing this?
No. The AG explicitly declined to assign fault. Fault depends on the totality of the circumstances in any specific collision and is decided case-by-case in court.

What about right-on-red turns when there's a bicycle lane?
See AG Op. 14-13 for the framework. State law treats bike lanes as part of the roadway, and overtaking on the right (including through a bike lane) is permitted only under conditions allowing the movement in safety.

Is the Driver License Manual binding law?
No. By its own terms, the Manual "will not override or supersede" the law. It is study material for new drivers.

Citations

Tenn. Code Ann. §§ 55-8-123, -129, -140, -142, -143, -144 (Tennessee rules of the road); Tenn. Att'y Gen. Op. 14-13 (Jan. 23, 2014) (bicycle lane and right-on-red analysis).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2015/op15-32.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
April 8, 2015
Opinion No. 15-32

Two-Way Roads Provisions of Tenn. Code Ann. § 55-8-140

Question 1

May a driver proceeding through a protected green arrow signal choose the lane in which to complete the turn so long as it is to the right of the center lane?

Opinion 1

State law does not specify the lane into which a left-turning driver is required to turn. However, all drivers are required to exercise due care under conditions of reasonable safety.

Question 2

If the answer to Question 1 is yes, would a driver making a "right on red" turn be at fault for a collision with a car completing a left turn on a protected green arrow signal into the far right lane?

Opinion 2

This Office cannot opine on the question of fault. A determination of fault in a motor vehicle collision is highly fact-specific and is based on a totality of the circumstances in any given situation.

Question 3

May a driver pass traffic stopped at a red light on the right in order to make a right turn if the movement can be made safely and the bicycle lane is wide enough for a car?

Opinion 3

Virtually the identical question was addressed in Tenn. Att'y Gen. Op. 14-13 (Jan. 23, 2014). That Opinion concludes that "[s]tate law classifies a bicycle lane as a portion of the roadway. While state law contains no per se prohibition against a driver using any portion of a roadway, including a bicycle lane, to overtake and pass upon the right of another vehicle that is making or about to make a left turn, state law allows such a use only under limited circumstances, including the requirement that passing upon the right is allowed 'only under conditions permitting that movement in safety.'"

Question 4

If a vehicle moves from the right lane and enters the bicycle lane to make a right turn, and a car from the right traffic lane makes a right turn in front of the vehicle in the bicycle lane and causes an accident, who is at fault?

Opinion 4

This Office cannot opine on the question of fault. A determination of fault in a motor vehicle collision is highly fact-specific and is based on a totality of the circumstances in any given situation.

ANALYSIS

1. Chapter 8 of Title 55 of the Tennessee Code Annotated sets out the "Rules of the Road" applicable to the operation of vehicles on Tennessee highways. The duties of drivers making a left turn are outlined generally in Tenn. Code Ann. §§ 55-8-129, -142, -143 and -144.

Tenn. Code Ann. § 55-8-129 provides, in pertinent part: "The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but the driver, having so yielded and having given a signal when and as required by this chapter, may make the left turn, and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicle making the left turn."

Tenn. Code Ann. § 55-8-142 provides, in pertinent part: "No person shall turn a vehicle at an intersection unless the vehicle is in the proper position upon the roadway as required in § 55-8-140, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway, unless and until this movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in § 55-8-143 and § 55-8-144 in the event any other traffic may be affected by this movement."

Tenn. Code Ann. § 55-8-143 provides, in pertinent part: "Every driver who intends to start, stop or turn, or partly turn from a direct line, shall first see that the movement can be made in safety, and whenever the operation of any other vehicle may be affected by such movement, shall give a signal required in this section, plainly visible to the driver of the other vehicle of the intention to make such movement."

Tenn. Code Ann. § 55-8-140 addresses the specific mechanism of the left turn, providing, in pertinent part: "Left turns on Two-Way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the center line where it enters the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection."

Taken together, the relevant statutes place upon a left-turning driver the duty to maintain his or her lane of travel until the turn can be made safely, to use a proper signal, and to yield the right of way to any vehicle approaching from the opposite direction that poses an immediate hazard. See Tenn. Code Ann. §§ 55-8-123, 129, 142, 143, 144. When the turn is being made from one two-way roadway to another two-way roadway, the driver is required to approach the intersection from the right lane closest to the center of the roadway, to make the turn by passing to the right of the center of the intersection, and to leave the intersection to the right of the center line of the roadway being entered. Tenn. Code Ann. § 55-8-140. In addition, drivers must exercise due care to make the turn under conditions of reasonable safety. Tenn. Code Ann. §§ 55-8-123, -129, -142, and -143.

The Tennessee Comprehensive Driver License Manual ("Manual"), published by the Tennessee Department of Safety, contains a section entitled "Basic Rules of the Road." (Manual, pp. 45-67). The stated purpose of that section is to "help new drivers study and prepare for the required knowledge and skills for an operator license." (Manual, p. ii) The Manual, which was last published in 2012, by its own terms, "will not override or supersede" the law. (Manual, p. i.)

The Manual contains a section titled "From a Two-Way Street on to a Two-Way Street Remember these tips." (Manual, p. 56.) Among the tips is that a driver "be sure to turn into the first lane past the center line. This avoids conflict with the other traffic making either right or left turns. Never turn 'wide' into the right lane. The right lane will be used by any oncoming vehicles turning right." (Manual, p. 57.) While state law does not specify the lane into which a left-turning driver is required to enter, drivers are required to exercise due care under conditions of reasonable safety. The driving "tip" set forth in the Manual is not inconsistent with state law as outlined above.

2. This Office cannot opine on the question of fault. A determination of fault in a motor vehicle collision is highly fact-specific and is based on a totality of the circumstances in any given situation.

3. For the analysis applicable to Question 3, please refer to paragraph 2 in the Analysis portion of Tenn. Att'y Gen. Op. 14-13 (Jan. 23, 2014), which addresses the same question as Question 3 herein.

4. This Office cannot opine on the question of fault. A determination of fault in a motor vehicle collision is highly fact-specific and is based on a totality of the circumstances in any given situation.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

BROOKE K. SCHIFERLE
Assistant Attorney General

Requested by:
The Honorable Micah Van Huss
State Representative
23 Legislative Plaza
Nashville, TN 37243