If I have an amateur radio emergency license plate in Tennessee, can I run amber and white flashing lights all around my car?

Subject

Flashing Lights on Motor Vehicles under Tenn. Code Ann. § 55-9-402

Plain-English summary

Tennessee issues "emergency" category license plates to certain residents, including amateur radio operators with valid FCC licenses, under Tenn. Code Ann. § 55-4-202(c)(1). The question put to the AG was whether that plate authorizes the holder to run amber and white flashing lights all the way around the vehicle.

The AG concluded it does not. Section 55-9-402 prohibits "nonemergency vehicles" from operating or installing emergency-type flashing light systems (strobes, wig-wags, and similar) in the headlight and grill area, and likewise in the tail-light, stoplight, factory-installed flasher, and backup-light areas. The statute defines "authorized emergency vehicle" by reference to § 55-8-101(3), which lists official vehicles operated by police, fire, ambulance, and similar public-safety agencies. The definition turns on the vehicle's actual function, not on its registration plate.

A privately owned car driven by a ham radio operator is therefore a "nonemergency vehicle" no matter what the plate says. The exemptions from the flashing-light prohibition (school buses, mail trucks, certain utility vehicles, etc.) do not include privately owned ham radio cars. So the front and rear flashing lights described in the request are not allowed.

Currency note

This opinion was issued in 2019. 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.

Common questions

Does an "emergency plate" make my car an emergency vehicle?

The opinion was clear that it does not. The "emergency" plate category in § 55-4-202(c)(1) is a registration designation available to amateur radio operators and certain other groups; it identifies who owns the vehicle, not what function it performs. The statutory definition of "authorized emergency vehicle" looks at use (police, fire, ambulance, and similar public-safety operations by governmental or chartered agencies), so a privately owned car never falls into that category just because of plate type.

What lights are off-limits on a nonemergency vehicle?

Under § 55-9-402(a)(1) and (b)(1) as quoted in the opinion, "nonemergency vehicles" cannot operate or install emergency flashing light systems (strobe, wig-wag, or similar) in the headlight assembly or grill area, or in the tail-light, stoplight, factory-installed emergency flasher, or backup-light areas. A narrow exception was noted for a brake-light system that pulses rapidly for no more than five seconds when braking.

What about flashing amber lights as a courtesy or warning?

The AG's analysis treats the question as governed by the categorical prohibition for nonemergency vehicles. The opinion notes that § 55-9-402 carves out specific exceptions (school buses, utility vehicles, mail trucks, and similar) and that the "authorized emergency vehicle" category covers vehicles like volunteer firefighter and rescue squad vehicles, but a privately owned amateur-radio car is not within any of those.

Background and statutory framework

Tennessee's vehicle code carefully limits the use of flashing lights to avoid confusion with police, fire, and ambulance vehicles on the road. The "authorized emergency vehicle" definition in § 55-8-101(3) is functional: it covers official vehicles "owned or operated by state or local governmental entities and certain governmentally chartered agencies to provide emergency services."

Amateur radio operators sometimes assist during emergencies (storm spotting, ARES/RACES communications support), and Tennessee makes special license plates available to recognize that role. But a special plate is not a substitute for the legal status of being an authorized emergency vehicle, and the AG opinion emphasizes that the lighting statute makes no reference to plates at all when classifying vehicles. A driver who needs flashing-light authority typically gets it because the vehicle is actually owned or operated by a covered public-safety entity, not because the driver carries a particular registration plate.

Citations

• Tenn. Code Ann. § 55-9-402(a)(1), (b)(1)
• Tenn. Code Ann. § 55-4-202(c)(1)
• Tenn. Code Ann. § 55-8-101(3)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2019/op19-09.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
July 3, 2019

Opinion No. 19-09

Flashing Lights on Motor Vehicles under Tenn. Code Ann. § 55-9-402

Question
Under Tenn. Code Ann. § 55-9-402, may a vehicle with emergency plates operated by an amateur radio operator have amber and white lights flashing all around the vehicle?

Opinion
No.

ANALYSIS

We assume that the "emergency plates" referred to in the question are issued pursuant to Tenn. Code Ann. § 55-4-202(c)(1), which allows issuance of emergency-category registration plates to, among other groups, Tennessee residents who hold a valid, FCC-issued amateur radio license.

Tennessee Code Annotated § 55-9-402 regulates lighting for motor vehicles. It prohibits "nonemergency vehicles" from "operat[ing] or install[ing] emergency flashing light systems, such as strobe, wig-wag, or other flashing lights within the headlight assembly or grill area of the vehicle." Tenn. Code Ann. § 55-9-402(a)(1). A "nonemergency vehicle" is also prohibited from "operat[ing] or install[ing] emergency flashing light systems in tail light lamp, stoplight area, or factory installed emergency flasher and backup light area" except for "a brake light system in which the brake lamp pulses rapidly for no more than five (5) seconds . . . ." Tenn. Code Ann. § 55-9-402(b)(1). Tennessee Code Annotated § 55-9-402 also provides various exceptions to the prohibition on flashing lights for nonemergency vehicles, for example, for school buses, utility vehicles, and mail trucks. But there is no exception that appears to apply to a privately-owned vehicle with "emergency plates" issued on the basis that the owner holds an amateur radio license.

A privately owned and operated vehicle, even one with "emergency" plates issued on the basis that the owner holds an amateur radio license, is a "nonemergency" vehicle for purposes of § 55-9-402. "Authorized emergency vehicles" are defined to include official vehicles owned or operated by state or local governmental entities and certain governmentally chartered agencies to provide emergency services, such as police and TBI vehicles, fire department vehicles, ambulances, volunteer firefighter vehicles, and rescue squad vehicles. Tenn. Code Ann. § 55-8-101(3). The definition of "emergency vehicles" does not include privately owned or operated vehicles. And whether a vehicle comes within the definition of an "emergency" vehicle is not dependent on, or related to, its registration plates; the definition makes no reference to registration plates.

Since a privately-owned vehicle is not generally within the statutory definition of "emergency vehicle," a privately owned or operated vehicle that is not otherwise excepted from the prohibitions of Tenn. Code Ann. § 55-9-402(a)(1) and (b)(1) would be a "nonemergency vehicle" and would, therefore, be prohibited under the express language of § 55-9-402(a)(1) and (b)(1) from having flashing lights of any color in the front or back. Thus, such a vehicle may not "have amber and white lights flashing all around."

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

Requested by:
Chairman Jason Zachary
State Representative
616 Cordell Hull Building
Nashville, Tennessee 37243