Does Tennessee's race-track insurance law apply only to automobile races, or to motorcycle and other motor-vehicle races too?

Plain-English summary

Tenn. Code Ann. § 55-22-101(a) requires anyone who operates or conducts a "motor vehicle race" on a permanent race track or other race-holding place to carry insurance for the general public. County clerks have to verify the insurance and issue documentation confirming the requirement is met. A violation is a Class A misdemeanor. County clerks across the state were getting different reads on what counts as a "motor vehicle race" because the statute does not define the term.

The AG fixed that. Using the standard "natural and ordinary meaning" tool of statutory interpretation, the AG turned to a dictionary. A "race" is "a contest of speed." A "motor vehicle" is "a self-propelled wheeled conveyance not running on rails." Combined, a motor vehicle race is any contest of speed among self-propelled wheeled conveyances that do not run on rails. That covers automobile races and a lot more: motorcycles, ATVs, go-karts, dirt bikes, sprint cars, and any other motor vehicle that fits the dictionary's broader definition.

The statute also says insurance is required "for any place for the holding of a motor vehicle race upon which motor vehicles of any description are raced." The AG read that "of any description" phrase as confirming that the broad sense of motor vehicle controls. The fact that § 55-22-102 also mentions "automobile race tracks" in a separate clause about county legislative bodies does not narrow the rest of the chapter.

Currency note

This opinion was issued in 2017. The race-track insurance statute had been amended in 2015 to replace a Commerce and Insurance licensing requirement with the current insurance-and-county-clerk-verification structure. 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 mentioned here.

Background and statutory framework

The statutory chapter on motor vehicle races covers race-track insurance, county clerk duties, county regulatory authority, and criminal penalties. The 2015 legislative change moved oversight from the state Department of Commerce and Insurance to county clerks: instead of a state license, race operators had to obtain insurance, and county clerks had to verify it.

That structural change is the backdrop for the senator's question. County clerks were running into operational ambiguity. A motorcycle race promoter or an ATV event organizer would walk in to file paperwork and ask: do you need to see my insurance? Some clerks were reading "motor vehicle race" narrowly (just cars) and others broadly (anything with a motor). The Office of the AG resolved the split.

Statutory text. § 55-22-101(a): "No person, firm, or corporation shall operate or conduct any motor vehicle races on any permanent race track or other place for the holding of a motor vehicle race upon which motor vehicles of any description are raced, unless the applicant has insurance for the general public . . . ." § 55-22-101(c): county clerks must verify the insurance and issue documentation confirming subdivision (c)(1) compliance. § 55-22-104: violation is a Class A misdemeanor. § 55-22-102: county legislative bodies may set the times, dates, and conditions of motor vehicle races and may establish rules for "automobile race tracks."

The interpretive tools. Tennessee follows the "natural and ordinary meaning" approach. Martin v. Powers, 505 S.W.3d 512, 517 (Tenn. 2016), is a standard cite. When the natural and ordinary meaning is at issue, English Mountain Spring Water Co. v. Chumley, 196 S.W.3d 144, 148 (Tenn. Ct. App. 2005), instructs that dictionaries are the usual and accepted source.

The dictionary work. "Race" is "a contest of speed, as in running, driving, or riding." "Motor vehicle" is "a self-propelled wheeled conveyance not running on rails." "Automobile" is a narrower concept: "a self-propelled passenger vehicle used for land transport, usu. with four wheels and an internal combustion engine." Motor vehicle is broader than automobile.

The "of any description" clause as a reinforcer. The statute says race-track operators must carry insurance for any place for the holding of a motor vehicle race upon which motor vehicles "of any description" are raced. "Of any description" only makes sense if motor vehicle is read broadly. If only automobiles counted, the phrase would be excess language.

§ 55-22-102's "automobile race tracks" phrase. That phrase appears in the part of the statute giving counties separate regulatory authority, not in the chapter's central insurance requirement. The AG treated it as legislative imprecision rather than a substantive narrowing of "motor vehicle race." The repeated use of "motor vehicle" elsewhere in the chapter controls.

Practical scope. Under the AG's reading, the insurance requirement applies to:

• Stock car and other automobile racing
• Motorcycle racing
• ATV / UTV racing
• Go-kart racing
• Dirt bike racing
• Any other contest of speed among self-propelled wheeled conveyances not running on rails

It does not cover railroad races (rail-borne vehicles are expressly out by the dictionary definition) or non-motorized races (bicycle races, horse racing). It also does not appear to cover boat or aircraft races, which are not "wheeled conveyances."

Common questions

Q: Does this insurance requirement apply to a motorcycle race?
A: According to this opinion, yes. Motorcycles are self-propelled wheeled conveyances not running on rails, so they fall within the broad "motor vehicle race" definition.

Q: What about a go-kart event or dirt bike race?
A: Same answer. The dictionary-based "motor vehicle" definition reaches any self-propelled wheeled conveyance, which includes go-karts, dirt bikes, ATVs, and UTVs.

Q: Why does the statute say "automobile race tracks" in § 55-22-102?
A: That phrase appears in a separate provision giving county legislative bodies authority to regulate races. The AG read it as imprecise drafting, not as narrowing the chapter's central "motor vehicle race" definition.

Q: What insurance does the operator need?
A: The statute requires "insurance for the general public." The opinion did not unpack the policy-coverage specifics; operators should consult an insurance broker familiar with motorsports liability.

Q: What happens if a race operator skips the insurance?
A: Tenn. Code Ann. § 55-22-104 makes the violation a Class A misdemeanor.

Q: What's a county clerk's role?
A: § 55-22-101(c) requires the clerk to verify the operator's insurance and issue documentation confirming compliance.

Q: Does this apply to a one-time charity race on a private parking lot?
A: The statute applies to anyone who operates or conducts a motor vehicle race on a permanent race track or other place for the holding of a motor vehicle race. A casual private gathering may or may not fall within "other place for the holding of a motor vehicle race"; this opinion did not address that fact pattern.

Citations and references

Statutes:

• Tenn. Code Ann. § 55-22-101(a) (motor vehicle race insurance requirement)
• Tenn. Code Ann. § 55-22-101(c) (county clerk verification)
• Tenn. Code Ann. § 55-22-102 (county legislative regulation of races)
• Tenn. Code Ann. § 55-22-104 (Class A misdemeanor penalty)

Cases:

• Martin v. Powers, 505 S.W.3d 512 (Tenn. 2016)
• English Mountain Spring Water Co. v. Chumley, 196 S.W.3d 144 (Tenn. Ct. App. 2005)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2017/op17-020.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
March 21, 2017
Opinion No. 17-20
Meaning of "Motor Vehicle Race" Under Tenn. Code Ann. §§ 55-22-101 to -105

Question 1
Are the requirements of Tenn. Code Ann. §§ 55-22-101 to -105 limited to automobile races?

Opinion 1
No. The referenced statutes apply to "motor vehicle races," and that term is considerably broader than automobile races.

Question 2
If not, what types of races are covered?

Opinion 2
The referenced statutes apply to "motor vehicle races," which include any "contest of speed" among "self-propelled wheeled conveyance[s] not running on rails." Webster's II New College Dictionary (2001).

ANALYSIS

Tennessee Code Ann. § 55-22-101(a) requires persons, firms, and corporations that operate or conduct "motor vehicle races" to obtain insurance for the general public:

No person, firm, or corporation shall operate or conduct any motor vehicle races on any permanent race track or other place for the holding of a motor vehicle race upon which motor vehicles of any description are raced, unless the applicant has insurance for the general public . . . .

Tenn. Code Ann. § 55-22-101(a) (2016 Supp.). [Footnote 1: The above statutory requirement to obtain insurance for the general public replaced a statutory requirement for persons, firms, and corporations that operated or conducted motor vehicle races to obtain a license from the Department of Commerce and Insurance. See 2015 Pub. Acts, ch. 354, § 1; Tenn. Code Ann. § 55-22-101 (2012).]

County clerks are required to "[v]erify the person, firm, or corporation operating or conducting a motor vehicle race has insurance as prescribed in subsection (a)" and "[i]ssue documentation to the person, firm, or corporation confirming that the requirements of subdivision (c)(1) have been met." Tenn. Code Ann. § 55-22-101(c) (2016 Supp.). A violation of Tenn. Code Ann. § 55-22-101 is a Class A misdemeanor. Tenn. Code Ann. § 55-22-104 (2016 Supp.). County legislative bodies are authorized to "[p]rovide for the times, dates, and conditions under which motor vehicle races shall be conducted" and "[e]stablish any other rule relative to the regulation and licensure of automobile race tracks that the county legislative body deems prudent and advisable." Tenn. Code Ann. § 55-22-102 (2016 Supp.).

The requestor informs this Office that there is some confusion in county clerks' offices regarding the types of races that are covered by the statute. The requestor asks whether the statute applies only to automobile races. By its terms, the statute applies to "motor vehicle races"; however, "motor vehicle race" is not defined in the statute.

In construing a statute, the words used by the legislature are given their natural and ordinary meaning. See Martin v. Powers, 505 S.W.3d 512, 517 (Tenn. 2016). "In seeking to determine the 'natural and ordinary meaning' of statutory language, the usual and accepted source for such information is a dictionary." English Mountain Spring Water Co. v. Chumley, 196 S.W.3d 144, 148 (Tenn. Ct. App. 2005). The relevant dictionary definition of "race" is "[a] contest of speed, as in running, driving, or riding." Webster's II New College Dictionary (2001). The natural and ordinary meaning of "motor vehicle" is "[a] self-propelled wheeled conveyance not running on rails." Id. This definition is considerably broader than the definition of "automobile," which is "[a] self-propelled passenger vehicle used for land transport, usu. with four wheels and an internal combustion engine." Id. Moreover, by stating that insurance is required for any "place for the holding of a motor vehicle race upon which motor vehicles of any description are raced," Tenn. Code Ann. § 55-22-101(a) makes clear that, in the context of this statute, "motor vehicle" is to be understood in its broadest sense, which is consistent with the purpose of protecting the general public.

While Tenn. Code Ann. § 55-22-102 does mention "automobile race tracks," this language is not sufficient to overcome the broader term "motor vehicle race" that is used throughout Chapter 22. Because the legislature repeatedly used the broader term "motor vehicle," it did not intend to limit the statute's requirements to "automobile" races.

In sum, the statute's requirements apply to any "contest of speed" among "self-propelled wheeled conveyance[s] not running on rails." Id. Thus, the statute encompasses all races of all vehicles that depend on a motor for propulsion, other than railroads.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

R. MITCHELL PORCELLO
Senior Counsel

Requested by:
The Honorable Mike Bell
State Senator
309 War Memorial Building
Nashville, Tennessee 37243