55-4-410 - Rules and regulations Affirmative duty of transporter to ensure safety. - Tennessee Statutes

55-4-410. Rules and regulations Affirmative duty of transporter to ensure safety.

(a)  The department of transportation is authorized to promulgate rules and regulations prescribing safety precautions and equipment to be utilized by those transporting mobile homes subject to the provisions of this part.

(b)  The transporter and the seller of the mobile home, if the seller is a different person or entity than the transporter, moving a mobile home that is subject to the provisions of this part shall have the affirmative duty to determine that:

     (1)  The undercarriage for the manufactured home is equipped with adequate brakes that are operated from the towing vehicle; and

     (2)  The route traveled allows safe passage of the mobile home, based upon the height and width of the mobile home.

(c)  The affirmative duty created pursuant to the provisions of this section shall be primarily the transporter's duty. The seller shall be secondarily liable. The affirmative duty to determine the safe passage may be met by use of a front escort vehicle having protrusions equal to the height and width of the mobile home.

[Acts 2002, ch. 803, § 10.]